Chapter 17.22 — SPECIFIC TO USES

A. Purpose. This chapter establishes standards for specific uses and activities that are permitted (P), permitted with a minor use permit (MUP), or permitted with a conditional use permit (CUP) in the zoning districts established in Chapter 17.15, Establishment of Base Zoning Districts. These provisions are supplemental standards and

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requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.

B. Applicability. Each land use and activity covered by this chapter must comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the zoning district where the use or activity is proposed and all other applicable provisions of this title. (Ord. 23-4 § 5 (Exh. A))

A. All Accessory Uses. An accessory use must be secondary to a primary use and must be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zone. These regulations are found in the land use regulation tables in Division III of this title, District Regulations, and may be subject to specific standards found in this chapter or within each zoning district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Division of this title, Citywide Standards.

B. Commercial Accessory Uses. Clearly subordinate commercial accessory uses shall encompass no more than fifteen percent (15%) of the business floor area and shall generate no more than fifteen percent (15%) of the gross revenue receipts. Any expansion of the building footprint or business floor area to accommodate an accessory use shall require a use permit and/or design review as appropriate. A business may have more than one accessory use, but each accessory use must comply with the limitations on floor space and gross receipts, and the total combined area of accessory uses shall not exceed thirty percent (30%) of the business floor area and the total combined revenue from the accessory uses shall not exceed thirty percent (30%) of the gross receipts. (Ord. 23-4 § 5 (Exh. A))

• A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

• B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

  1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

  2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

  3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

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4. Required to correct a nonconforming zoning condition as defined in subsection C of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

• C. Definitions. As used in this section, terms are defined as follows:

“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

“Efficiency kitchen” means a kitchen that includes each of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the ADU.

“Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

1. Is no more than five hundred (500) square feet in size;

2. Is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be part of and contained within the single-family structure;

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling;

5. Includes an efficiency kitchen, as defined in this subsection C; and

6. Includes a separate entrance from the main entrance to the structure.

“Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, cooking, eating, or sanitation.

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“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

• D. Approvals. The following approvals apply to ADUs and JADUs under this section:

  1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:

     • a. Converted on single-family lot: one ADU as described in this subsection and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

       • i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet. For purposes of this subsection, “within the existing space” includes a structure that is constructed in the same location and to the same dimensions.

       • ii. Has exterior access that is independent of that for the single-family dwelling.

       • iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

iv. The JADU complies with requirements of California Government Code Sections 66333 through 66339.

b. Detached on single-family lot: one detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) of this section), if the detached ADU satisfies the following limitations:

• i. The side and rear yard setbacks are at least four feet.

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• ii. The total floor area is eight hundred (800) square feet or smaller.

iii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.

c. Converted on multifamily lot: one or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (D)(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five percent (25%) of the existing multifamily dwelling units.

d. Detached on multifamily lot: no more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling if each detached ADU satisfies all of the following limitations:

i. The side and rear yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

ii. The peak height above grade does not exceed the applicable height limit in subsection (E)(2) of this section.

iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. Process and Timing.

a. An application for an ADU or JADU is considered and approved ministerially, without discretionary review or a hearing.

b. The city must approve or deny an application to create an ADU or JADU within sixty (60) days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty (60) days, the application is deemed approved unless either:

i. The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay; or

ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new singlefamily or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description

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of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty (60) day time period established by subsection (D)(2)(b) of this section.

d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

• E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs:

  1. Zoning.

     • a. An ADU subject only to a building permit under subsection (D)(1) of this section may be created on a lot in a residential or mixed-use zone.

b. An ADU permitted under subsection (D)(2) of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.

a. Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) of this section, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen (16) feet in height.

b. A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen (18) feet in height.

d. An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.

e. For purposes of this subsection (E)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.

   • a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

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• b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years. Refer to the county of Napa’s environmental health department regulations.

7. Owner Occupancy.

   • a. An ADU that is created under this section on or after January 1, 2020, is not subject to any owner-occupancy requirement.

b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection (E)(7)(b) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the community development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

• a. The JADU may not be sold separately from the primary dwelling.

• b. The JADU is restricted to the approved size and to other attributes allowed by this section.

• c. The deed restriction runs with the land and may be enforced against future property owners.

d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the community development director, providing evidence that the JADU has in fact been eliminated. The community development director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the community development director’s determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU

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removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

• e. The deed restriction is enforceable by the community development director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

signee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:

   • a. With the building permit application, the applicant must provide the community development director with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

b. Within ninety (90) days after each January 1st following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the community development director does not receive the report within the ninety (90) day period, the owner is in violation of this code, and the community development director may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty (30) day period, the community development director may enforce this provision in accordance with applicable law.

10. Building and Safety.

• a. Must Comply With Building Code. Subject to subsection (E)(10)(b) of this section, all ADUs and JADUs must comply with all local building code requirements.

b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code Section 310, unless the chief building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (E)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) of this section:

1. Maximum Size.

   • a. The maximum size of a detached or attached ADU subject to this subsection F is eight hundred fifty (850) square feet for a studio or one-bedroom unit and one thousand (1,000) square feet for a unit with two bedrooms. No more than two bedrooms are allowed.

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b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent (50%) of the floor area of the existing primary dwelling.

• c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (F)(1)(b) of this section or of an FAR, front setback, lot coverage limit, or open-space requirements may require the ADU to be less than eight hundred (800) square feet.

2. No ADU may cause the total gross floor area of the underlying zone to be exceeded, with the provision that all lots may have an ADU up to eight hundred (800) square feet.

3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverage for the zoning district in which the ADU is proposed as established in Table 17.16.030(B), Development Standards—Residential Zoning Districts, subject to subsection (F)(1)(c) of this section.

4. Setbacks.

   • a. ADUs that are subject to this subsection F must conform to four-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to the front setback as required by the underlying zoning district, subject to subsection (F)(1)(c) of this section.

b. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing, nonconforming, enclosed structure.

5. Passageway. No passageway, as defined by subsectionC of this section, is required for an ADU.

6. Parking.

   • a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C of this section.

   • b. Exceptions. No parking under subsection (F)(6)(a) of this section is required in the following situations:

     • i. The ADU is located within one-half mile walking distance of public transit, as defined by subsection C of this section.

     • ii. The ADU is located within an architecturally and historically significant historic district.

iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (D)(2)(a) of this section.

• iv. When on-street parking permits are required but not offered to the occupant of the ADU.

• v. When there is an established car share vehicle stop located within one block of the ADU.

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  - vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot; provided, that the ADU or the lot satisfies any other criteria listed in subsections (F)(6)(b)(i) through (F)(6)(b)(v) of this section. 

• c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural Requirements.

• a. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

• c. The exterior lighting must be limited to down-lights or as otherwise required by the zoning, building, or fire code.

• d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

• e. The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven feet.

f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

g. All windows and doors in an ADU less than thirty (30) feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and doors) utilize frosted or obscure glass.

8. Historical Protections. An ADU that is on real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

9. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection (E)(2)(d) of this section.

G. Fees. The following requirements apply to all ADUs that are approved under subsection (D)(1) or (D)(2) of this section:

1. Impact Fees.

a. No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this subsection (G)(1), “impact fee” means a fee under the Mitigation Fee Act (Gov. Code

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Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

b. Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

2. Utility Fees.

a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. For detached ADUs where there is a demonstrated adequate sewer capacity acceptable to the city engineer and cleaning/review of the sewer lines has been performed with closed circuit television technology, and an application has been submitted to the city engineer to substantiate capacity calculations, a separate connection for the ADU is not required.

b. Except as described in subsection (G)(2)(a) of this section, converted ADUs on a single-family lot that are created under subsection (D)(1)(a) of this section are not required to have a new or separate utility connection directly between the ADU and the utility, nor is a connection fee or capacity charge required.

c. Except as described in subsection (G)(2)(a) of this section, all ADUs and JADUs that are not covered by subsection (G)(2)(b) of this section require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

• i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

• H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs or JADUs Constructed Before 2020.

   • a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

     • i. The ADU or JADU violates applicable building standards; or

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• ii. The ADU or JADU does not comply with the state ADU or JADU law or this section.

• b. Exemptions.

i. Notwithstanding subsection (H)(2)(a) of this section, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in Health and Safety Code Section 17920.3.

ii. Subsection (H)(2)(a) of this section does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. (Ord. 25-2 § 2; Ord. 23-4 § 5 (Exh. A))

A. Purpose. It is recognized that the operation of the adult entertainment facilities specific in this section are among those certain land uses which, because of their nature, may have serious operational characteristics and deleterious effects upon their surroundings, as a result of their location and concentration within the city. Special regulations pertaining to these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood nor otherwise adversely affect the public health, safety, morals, comfort, convenience, and general welfare. More specifically, it is recognized that development and proliferation without regulation as to location and concentration may result in the deterioration of residential and business neighborhoods, the attraction of large numbers of transients, an increase in crime, and, in the case of placement near schools and other youth-related facilities, an adverse effect upon the welfare and morals of minors residing within the city.

• B. Location of Adult Entertainment Facilities. The following provisions apply to the location of adult entertainment facilities:

  1. No adult entertainment facilities are permitted within five hundred (500) feet of any area zoned for residential use.

  2. No adult entertainment facility is permitted within one thousand (1,000) feet of any other such facility.

  3. No adult entertainment facility is permitted within five hundred (500) feet of any parcel or real property on which is located any of the following facilities:

     • a. A school primarily attended by minors;

     • b. A church which conducts religious education classes for minors; or

     • c. A public park or public recreation facility frequented by minors.

  4. No adult entertainment facility is permitted with direct frontage or visible frontage from Highway 29.

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C. Public Display of Certain Matter Prohibited. Materials offered for sale from adult news racks must not be displayed or exhibited in a manner which exposes to public view any pictures or illustrations depicting any specified sexual activity or any specified anatomical area. Materials offered for sale or viewing at any adult bookstore or any adult motion picture theater must not be displayed or exhibited in a manner which exposes any depiction of any specified sexual activity or any specified anatomical area to the view of persons outside the building or off the premises on which such store or theater is located.

D. Restrictions Cumulative. The restrictions provided in this section are in addition to any other applicable provision of this code. In the event of any conflict between any such provisions, the more restrictive must apply. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. Establishments that serve alcoholic beverages receive special attention from the city because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. All establishments selling alcoholic beverages are reviewed by the city.

• B. Permits Required.

  1. Conditional Use Permit. A conditional use permit must be obtained for all bars, brewpubs, microbreweries, micro-distilleries, and wine-tasting rooms.

  2. Minor Use Permit. A minor use permit must be obtained for full-service restaurants.

• C. Hours of Operation. Hours of operation shall be limited to the time period between six a.m and two a.m.

• D. Lighting. The exterior of the establishment, including adjacent public sidewalks and parking areas, shall be illuminated during all hours of darkness during which the establishment is open such that:

  1. Persons standing in those areas at night are identifiable; and

  2. Required illumination is placed and shielded in a way that minimizes interference with the neighboring residences.

• E. Findings. In evaluating a use permit application for any commercial establishment where alcoholic beverages are served, the review approval authority shall take into consideration the following:

  1. Comments from the police department;

  2. Appropriateness of automobile and/or bicycle parking;

  3. Potential for loitering;

  4. Distance of the proposed establishment from other establishments;

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5. Distance from areas used and zoned for residential use;

6. Appropriateness of annual review of use permit; and

7. Distance of the proposed establishment from public/private schools, nursery schools, preschools, and daycare facilities.

This list does not represent an exclusive listing of those items which may be considered by the planning commission in evaluating a conditional use permit application for a commercial amusement use. (Ord. 26-2 § 2; Ord. 23-4 § 5 (Exh. A))

A. Purpose. These regulations address the raising and keeping of animals and the areas in which domestic and farm animals are kept on private property. It is the intent of this section to protect the agricultural economic base of St. Helena, to preserve the existing lifestyle in residential areas, and to minimize potential adverse effects on adjoining property from the establishment of incompatible uses related to the raising and keeping of animals.

B. Applicability. Animal keeping is allowed as an accessory to a primary residential use. Animals may be kept in compliance with Title 6, Animals, and the standards established in this section.

• C. Domestic Animals.

1. Small Domestic Animals. Small domestic animals may be kept as an accessory to a residential use in accordance with the following. Small domestic animals include dogs, cats, rabbits, and pigeons, and all animals recognized by regulation promulgated by the California Department of Fish and Wildlife as domestic animals except large domestic animals. Does not include roosters, quacking ducks, geese, pea fowl, goats, sheep, hogs, kennels or the presence of animals for commercial purposes.

• a. Maximum Number. The following limits do not apply to small animals primarily kept in indoor enclosures such as fish, hamsters, and birds:

  • i. Parcels One-Half Acre or Less in Size. Up to four adult small domestic animals per unit may be kept on parcels of up to one-half acre in size.

  • ii. Parcels Greater Than One-Half Acre in Size. Eight adult small domestic animals per acre.

• b. Nonconforming Small Domestic Animal Keeping. Residents having more than four adult small domestic animals at the time of the effective date of this title may continue to keep them; provided, that the animals:

  • i. Are licensed in compliance with Title 6, Animals;

  • ii. Are kept in a safe and sanitary environment; and

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iii. Do not generate nuisance complaints that require abatement.

2. Potbellied Pigs. Potbellied pigs are permitted in the LR-1A, LR, and A-20 districts only and are subject to all standards of subsection (C)(1) of this section.

3. Hen Chickens. Hen chickens are permitted in the A-20 district only on lots greater than one acre and are subject to all standards of subsection (C)(1) of this section.

4. Large Domestic Animals. Large domestic animals including horses, burros, mules, domestic swine (excluding potbellied pigs), domestic cattle, sheep and goats may be kept as an accessory to a residential use in accordance with the following:

   • a. Minimum Lot Size. Two acres.

   • b. Maximum Number. Not more than one large domestic animal per acre.

5. Fencing and Enclosure Regulations.

   • a. Fencing.

     • i. Fenced Area Required. All animals, except small domestic animals kept indoors, must be kept in an area which is fenced to prevent the animals from roaming.

ii. Fenced Area Location. The fenced area must be wholly located within the rear yard of the residence where the animals are kept.

• b. Enclosure.

i. Enclosure Required. Within the fenced area, an enclosure or shed must be provided of sufficient size to provide cover for the animals kept on the parcel. An enclosure is not required for cats or dogs.

ii. Enclosure Location. No part of the animal enclosure may be located within fifty (50) feet of any neighboring dwelling, within a required side or front setback, or within three hundred (300) feet of a community assembly facility, school or institution licensed by the state for the care or treatment of humans.

c. Animal fecal matter more than which can be safely and sanitarily utilized on the premises must be removed and must not be allowed to accumulate. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. These regulations allow beekeeping in a manner that is respectful of the safety of persons that may be in close proximity to the apiary. Beekeeping can contribute to pollination and better harvests in gardens. By

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contributing to pollination, urban beekeeping is an important complement to urban food production and to the city’s sustainability goals stated in the general plan.

• B. Standards.

  1. It shall be the duty of every person on whose property bees are kept to adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.

  2. It shall be the responsibility of the person on whose property the bees are kept to provide adequate water for the bees to prevent bees from seeking water in neighboring swimming pools, birdbaths, ponds or other community bodies of water.

  3. A maximum of two beehives per lot on a parcel of land less than ten thousand (10,000) square feet.

  4. A maximum of four beehives per lot on a parcel of land with an area over ten thousand (10,000) square feet.

  5. Beehives are restricted to rear yards.

  6. In order to ensure the appropriate height of the honeybee flight path:

     • a. The beehive entrance will be directed away from the neighboring property and situated behind a solid fence or hedge that is six feet in height running parallel to the property line; or

     • b. A beehive will be located a minimum of twenty-five (25) feet away from the neighboring property line.

• C. Beekeeping Registration. Beekeeping registration is required prior to establishment of an apiary, as follows:

  1. The applicant must submit and the community development director must review plans demonstrating compliance with the standards of this section.

2. The applicant must register the apiary with the county of Napa agricultural commissioner to receive notification of pesticide applications, pursuant to Section 29101 of the California Food and Agricultural Code.

3. The applicant must submit plans and a signed statement showing and agreeing to compliance with all obligations imposed by this section and holding the city harmless if the owner does not so comply.

D. Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 17.13, Enforcement, when any of the following occurs:

1. Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties.

2. Colonies of bees swarm.

3. Bees or hives do not conform to this section.

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4. Hives become abandoned by resident bees or by the owner. (Ord. 23-4 § 5 (Exh. A))

• A. Purpose. The purpose of this section is to:

  1. Establish regulations for the operation of bed and breakfast inns; and

  2. Establish findings for the processing of applications to operate bed and breakfast inns.

• B. Establishment of Bed and Breakfast Inns. Bed and breakfast inns are subject to the following:

  1. The use must be located in an existing residential dwelling;

  2. The use must be conducted only by the property owner or manager living on the site of the bed and breakfast inn;

  3. No meals must be served to persons other than to guests and residents of the bed and breakfast inn;

  4. Bed and breakfast inns must be rented for periods of less than thirty (30) days;

  5. A bed and breakfast inn must include no more than four guest rooms;

6. On-site parking for the underlying residential use must be provided on site or in perpetuity on an adjacent parcel in accord with the provisions of Chapter 17.26, Parking and Loading. In addition, one on-site parking space must be provided for each guest room. On-site parking must be designed and located so as not to detract from the residential character of the neighborhood and the buildings and structures of the bed and breakfast inn;

7. The use must, at all times, maintain city business licenses and pay all transient occupancy taxes required;

and

8. The use must be contained entirely within the existing structure.

C. Findings Required. In approving a conditional use permit for a bed and breakfast inn, the planning commission shall make the following findings in addition to the conditional use permit findings contained in Chapter 17.05, Planning Permits and Approval. In approving a minor use permit for a bed and breakfast inn, the community development director shall make the following findings in addition to the minor use permit findings contained in Chapter 17.05, Planning Permits and Approval:

1. The establishment of a bed and breakfast inn is consistent with the purpose of the general plan.

2. The establishment of a bed and breakfast inn will not be detrimental to a building, structure, or feature of significant aesthetic, cultural, architectural or engineering interest or value of a historical nature.

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3. The establishment of a bed and breakfast inn is compatible with, and will not be detrimental to, the character of the neighborhood and surrounding land uses. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. The intent of this section is to prohibit marijuana cultivation facilities, medical marijuana dispensaries, medical marijuana deliveries, and commercial cannabis activities, as defined below, subject to limited and specified exceptions, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if it is for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana cultivation facilities and medical marijuana dispensaries and in connection with medical marijuana deliveries, which is contrary to policies that are intended to promote and maintain the public’s health, safety, and welfare.

• B. Applicability. This section applies to the following activities:

1. The opening or commencement of the operation of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity;

2. The conversion of an existing business, facility, use, establishment, or location to a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity; and

   3. The addition of a marijuana cultivation facility, medical marijuana dispensary, or commercial cannabis activity to any other existing business, facility, use, establishment or location.

• C. Prohibitions and Limited Exceptions.

1. Medical marijuana dispensaries are prohibited in all zoning districts in the city and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary. No person may be the lessor of property where a medical marijuana dispensary is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana dispensary in the city.

2. Marijuana cultivation facilities are prohibited in all zoning districts in the city and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a marijuana cultivation facility. No person may be the lessor of property where a marijuana cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any marijuana cultivation facility in the city.

3. The prohibition against cultivation facilities established in subsection (C)(2) of this section, however, must not apply to a qualified patient cultivating marijuana/cannabis pursuant to California Health and Safety Code Section 11362.5 and the Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use promulgated by the California Attorney General or to any individual cultivating marijuana for nonmedical use under the following circumstances:

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a. The individual and/or patient maintains no more than six mature or twelve (12) immature marijuana/cannabis plants at a single private residence, or upon the grounds of that residence; and

b. The individual, patient or primary caregiver cultivates marijuana/cannabis for a patient’s or individual’s personal use and does not sell, distribute, donate, transmit, or provide marijuana/cannabis to any other person or entity; and

c. The location of all cultivation activities is located indoors, and housed completely within a structure with no external indication of cultivation activities (this limitation does not preclude the use of a greenhouse for cultivation); and

d. The property on which an individual is cultivating medical or recreational marijuana/cannabis has no more than one hundred (100) square feet devoted to the cultivation of marijuana/cannabis (the area used to cultivate marijuana/cannabis must be measured by the aggregate area of vegetative growth of live marijuana plants on the premises).

Notwithstanding this exception, an individual and/or patient cultivating marijuana may not create or cause a nuisance condition and the city may abate, in any manner permitted by law, a nuisance condition created or caused by, associated with, or arising from marijuana cultivation by a qualified patient.

4. All forms of commercial cannabis activities are prohibited in all zoning districts in the city with the exception of delivery services and must not be established or operated anywhere in the city. The city must not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a commercial cannabis activity including any and all license classifications established in the Adult Use of Marijuana Act, California Health and Safety Code Section 26050, as it may be amended. No person may be the lessor of property where a commercial cannabis activity is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any commercial cannabis activity in the city.

5. No person and/or entity may deliver or transport medical marijuana from any fixed or mobile location, either inside or outside the city, to any person in the city, except that a person may deliver or transport marijuana to a qualified patient (with an identification card, as those terms are defined in Health and Safety Code Section 11362.7, for whom they are the primary caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d)) or individual up to the maximum allowable amounts under current state regulations for the transportation of medical and recreational marijuana.

6. Nothing contained in this section must be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

D. Enforcement. The city may enforce this section in any manner permitted by law. The violation of this section must be and is hereby declared to be a public nuisance and contrary to the public interest and must, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 23-4 § 5 (Exh. A))

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Community gardens must be located, developed, and operated in compliance with the following standards:

• A. Management. A manager must be designated for each garden who must serve as liaison between gardeners, property owner(s), and the city.

• B. Hours of Operation. Gardens must only be tended between dawn and dusk.

• C. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, hoophouses, or farm stands, are allowed and must comply with the property development standards of the zoning district.

• D. Equipment. Only household garden tools and equipment, applicators and products may be used. This includes soil preparation, cultivation, planting, application of chemicals, dust control, harvesting, etc. Pull-behind equipment is prohibited.

• E. Operational Plan. The applicant must submit to the community development director an operational plan that identifies roles and responsibilities, contact information, and operations.

• F. Maintenance.

  1. The operator must be responsible for the overall maintenance of the site and must remove weeds, debris, etc., in a timely manner.

  2. Soil amendments, composting, and waste material must be managed and must not attract nuisance flies or support growth of flies.

• G. Sale of Produce. Incidental sales of items grown on site are permitted.

• H. Composting. Composting is limited to the materials generated on site and must be used on site.

• I. Utilities. The land must be served by a water supply sufficient to support the cultivation practices used on the site.

J. Restrooms. If proposed, restrooms must be connected to public utilities. Portable restrooms are not permitted. (Ord. 23-4 § 5 (Exh. A))

• A. Purpose. This section has been adopted to:

  1. Implement the requirements of Assembly Bill 1616 which amended state law to require municipalities to allow for cottage food operation within residences;

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2. Establish reasonable standards allowed by state law to provide that cottage food operations within residences do not create unreasonable impacts or endanger public health, safety or welfare; and

3. Ensure compatibility of cottage food operations with the residential character of the neighborhoods in which cottage food operations are located.

• B. Applicability. A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in subsections C and D of this section and is a distinct use from a home occupation as defined in Section 17.22.130, Home occupations.

• C. Standards. Cottage food operations are permitted accessory uses to residences; provided, that all of the following standards are met:

  1. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent (25%) of the dwelling may be used for the cottage food operation, and it must not be conducted within an accessory building.

  2. The use is carried on only by a family member or household member occupying the dwelling, with no other person employed.

  3. The cottage food operation must not invite customers to the residence and the operation must not transact business with customers at the residence.

  4. No signage or advertisement identifying the cottage food operation is permitted at the premises.

  5. There must be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.

  6. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation.

  7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.

  8. The cottage food operation must be registered or permitted by the Napa County environmental health officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.

  9. The cottage food operator must furnish to the city evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.

D. Expanded Cottage Food Operations. Exceptions to the standards established in subsections (C)(2) and (C)(3) of this section may be granted with the approval of a minor use permit for an expanded cottage food operation; provided, that all of the following standards are met:

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1. The applicant for the cottage food operation permit must be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit is not transferable to another operator, nor transferable to another site.

2. The use must be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent (25%) of the dwelling may be used for the cottage food operations, and it must not be conducted within an accessory building.

3. One cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), is permitted to be employed by the cottage food operation in addition to any family member or household member occupying the dwelling.

4. Except for vehicle parking, no outdoor portions of the premises may be utilized for cottage food operation including outdoor sales and visitation.

5. Direct sales of products from the site of the cottage food operation must be conducted by prior appointment only and must not exceed more than ten (10) visitors in any single day. No customers of the cottage food operation are permitted to dine at the premises.

6. No greater than one visitor’s vehicle and one nonresident employee’s vehicle may be parked on site at any time.

7. Vehicles displaying advertising or signs must be parked inside a garage at all times while at the premises.

8. Direct sales and cottage food operation related deliveries must not occur between the hours of six p.m. and eight a.m.

9. The cottage food operation must be registered or permitted by the Napa County environmental health officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations must comply with all California Health and Safety Code requirements.

10. The applicant must furnish to the city evidence of the application for or issuance of the necessary permits and/or registration of cottage food operations from the county of Napa.

11. A business license is required for all cottage food operators.

12. The community development director shall notify all property owners within three hundred (300) feet of the cottage food operation upon issuance of a minor use permit. (Ord. 23-4 § 5 (Exh. A))

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A. Permits Required. The establishment or expansion of a formula business shall be in accordance with the zoning locations and permit requirements identified in Table 17.17.020(A): Use Regulations—Commercial and Mixed-Use Zoning Districts.

B. Findings Required. When a conditional use permit review is required, the planning commission shall approve, with or without conditions, the establishment or expansion of a formula business only if all of the following findings can be made, in addition to those identified in Section 17.05.020, Conditional use permit (CUP):

1. The formula business establishment will promote diversity and variety to assure a balanced mix of commercial uses available to serve both resident and visitor populations;

2. The proposed use, together with its design and improvements, is consistent with the unique and historic character of St. Helena and will preserve the distinctive visual appearance and shopping/dining experience of St. Helena for its residents and visitors;

3. Any formula business establishment located within the CB district will be compatible with existing uses in the zone and will promote the zone’s economic vitality as the downtown commercial core of St. Helena.

• C. Prohibited Formula Businesses. No formula restaurants are allowed. (Ord. 23-4 § 5 (Exh. A))

A. Permit. A home occupation permit must be required prior to the establishment of a home occupation whenever a business license is required and the home is the principal place of business. A business may be conducted at locations other than the site of the home occupation, as long as that part of the business conducted at the site of the home occupation complies with the standards of this section.

• B. Standards. Home occupations are permitted in conjunction with a residential use of a dwelling and must be issued a home occupation permit, provided the home occupation:

  1. Does not change the residential character of the dwelling unit;

2. Is confined to a cumulative area of not more than six hundred (600) square feet in the principal dwelling, attached garage and/or detached accessory buildings. An attached or detached garage may be used for storage or workspace as long as one garage parking space is maintained at all times for the dwelling and as long as sufficient parking spaces are available on the property to meet the current code requirements;

3. Does not occupy any open space or setback;

4. Is carried on by the resident members of the household and a maximum of one employee in addition to residents of the dwelling;

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5. Does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks or panel delivery trucks, or have any customers or clients coming to the premises as a place of business, with the following exceptions:

   • a. Delivery to the customer or client of merchandise produced on the premises;

   • b. No more than two clients may visit the premises on any one day;

   • c. Lessons to no more than two persons at any one lesson with no more than six lessons in any one week; and

   • d. Other uses which are similar to the above uses with the same or similar restrictions listed in this section;

6. Creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the home occupation is situated;

7. Produces no advertising or evidence of its existence except for a post office box, a telephone listing and signs limited to a total of four square feet permanently affixed to a vehicle. No advertising, telephone listing, signs or printed material may list the street address of the dwelling; and

   8. Involves the on-site parking or storage of no more than one commercial vehicle, as long as the commercial vehicle parks inside the garage or covered parking at all times.

• C. Prohibited Home Occupations. The following businesses are not permitted as home occupations:

  1. Automobile/vehicle sales and services;

  2. Animal care, sales, and services;

  3. Cannabis retail;

  4. Eating and drinking establishments;

  5. Hotels and motels; and

  6. Personal services.

D. Exceptions. Exceptions to the above standards may be granted by the planning commission with the approval of a conditional use permit for an expanded type of home occupation. In approving the conditional use permit for an expanded home occupation the planning commission shall make the following findings:

1. The establishment of an expanded home occupation is compatible with and will not be detrimental to the residential character of the neighborhood and surrounding uses;

2. The establishment of an expanded home occupation will not result in or contribute to an unacceptable concentration of nonresidential uses in the neighborhood where it has been proposed; and

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3. The establishment of an expanded home occupation will not result in excessive noise, traffic, and parking congestion.

• E. Exemptions. Telecommuting, or the use of telephones, computers, or other similar technology to permit an employee to eliminate a commute trip and work from home, is not considered a home occupation and is exempt from the regulations of this section. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. This section is intended to provide standards for the location, development and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities.

B. Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, permitted or conditionally permitted as specified in the underlying zoning district.

C. No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

D. Occupancy Requirement. The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit.

E. Business License Required. The occupant of a live/work unit is required to hold a valid business license for the on-site business.

F. Limitations on Use. The nonresidential component of a live/work development must be a use allowed within the applicable zoning district. A live/work unit must not be established or used in conjunction with any of the following activities:

1. Automobile/vehicle sales and services; or

2. Cannabis retail.

G. Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of the work, except that additional employees may be allowed subject to the approval of a conditional use permit in compliance with Section 17.05.020, Conditional use permit (CUP).

H. Design Standards.

1. Nonresidential Area. A minimum of fifty percent (50%) of the ground level of a live/work development, or a minimum three hundred (300) square feet, whichever is greater, must function predominantly as workspace. All floor area other than that reserved for living space must be reserved for and regularly used for

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workspace. Potential configurations for live/work developments include, but are not limited to, those shown below:

Figure 17.22.140(A). Live/Work Configurations

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==> picture [379 x 649] intentionally omitted <==

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2. Ground Floor Design. The ground floor of a live/work development must comply with the standards for ground floor commercial uses established in Chapter 17.17, Commercial and Mixed-Use Zoning Districts, or Chapter 17.18, Business and Industrial Zoning Districts, as applicable.

3. Nonresidential Amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity.

4. Separation and Access. Access to each live/work unit must be provided from a public street or common access areas, corridors, or halls. The access to each unit must be clearly separate from other live/work units or other uses within the structure. (Ord. 23-4 § 5 (Exh. A))

Mobile food vendors must be located and operated in accordance with the following provisions:

A. Location and Applicability. Mobile vendors may only operate on private property in nonresidential zoning districts. Mobile vendor vehicles are not permitted as a permanent or proprietary location on any property within the city. Vehicles must not be left unattended at any time, or be left on site when inactive, or stored overnight. The regulations of this section do not apply to mobile food vendors operating within the public right-of-way.

B. Licenses and Permit Required. Mobile food trucks operating in the city shall obtain a business license from the city. The owner and operator of a mobile food truck is responsible for obtaining all necessary licenses and permits required for the service of food and beverages, including a permit for food service from the Napa County department of health. The mobile food vehicle must be in compliance with state motor vehicle laws.

C. Duration. Maximum four hours per day per lot, including set-up and clean-up. No lot may have a mobile vendor on site for more than ninety (90) days total in any twelve (12) month period.

D. Allowed Products. Operations are limited to the sales of food and nonalcoholic beverages for immediate consumption.

• E. Vehicle and Parking Requirements.

1. Allowed Vehicles. Operations must only be conducted from a motor vehicle, or vehicle with a trailer consistent with state law and county health department approvals. Other types of food vending from a temporary structure such as a pushcart, standalone trailer, or kiosk are not allowed under this title.

2. Required Parking. No dedicated parking spaces are required for a mobile vendor that meets the standards of this section.

3. Overnight Parking. No overnight parking of mobile food trucks is allowed on the permitted vending site.

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4. Displaced Parking. Mobile vendors may displace up to three required nonresidential parking spaces for a maximum of four hours per day per parking lot; provided, that no more than ten percent (10%) of the total number of parking spaces on site are displaced. Required parking spaces for an existing nonresidential use may be displaced if the existing nonresidential use is not open during the event.

5. Lighting. Mobile food truck operators must provide adequate lighting on the vehicle to ensure customer safety during business hours.

6. Paving. Mobile vendor vehicles must only be stopped or parked on a surface paved with concrete, asphalt, or another surface approved by the community development director.

F. Obstructions. Mobile vendor location and operations, including customers, seating, and equipment, must not obstruct the right-of-way, sight distances, or otherwise create hazards for vehicle or pedestrian traffic. The location must comply with applicable accessibility requirements and the Americans with Disabilities Act.

G. Nuisance.

1. Mobile vendors must be responsible for keeping the area clean of any litter or debris and must provide trash receptacles for customer use on site. All litter generated within a minimum of a one hundred (100) foot radius of the site must be collected prior to closure of the mobile food truck operations.

2. Mobile food trucks must not idle vehicle engines for more than five minutes during any one-hour time period.

3. Mobile food truck operators are responsible for controlling smoke and odors caused by food preparation so as to avoid a public nuisance.

4. No vendor must ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.

5. Separate refuse and recycling containers must be provided on site during all hours of mobile food truck operations.

   6. The use of prohibited or unpermitted signs for mobile food vendors is not allowed.

• H. Modifications. Modifications to the standards of this section may be approved pursuant to Section 17.11.010 Minor modifications to development standards. (Ord. 23-4 § 5 (Exh. A))

The installation of mobile homes constructed and/or purchased after October 1976, and certified under the National Mobile Home Construction of Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a foundation system pursuant to Section 18551 of the Health and Safety Code must be permitted in accordance with the following conditions:

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• A. To be occupied only as a single-family residential use.

• B. To be subject to all provisions of the zoning ordinance applicable to conventionally built dwellings.

• C. To be attached to a permanent foundation system in compliance with all applicable building regulations.

• D. To be covered with an exterior material customarily used on conventionally built dwellings extending to the top of the foundation.

• E. To have parapet walls or roofs which utilize shingle or other materials customarily used on conventionally built dwellings. (Ord. 23-4 § 5 (Exh. A))

• A. Permit. Administrative approval of a sidewalk dining permit is required to establish outdoor seating for dining.

  1. Outdoor seating for dining that results in an increase in the number of seats must be reviewed by the community development director for compliance with parking standards and by Napa County environmental management for compliance with regulations pertaining to food storage, health and safety.

  2. For those restaurants that wish to serve alcohol outside, the licensee must obtain approval for premises expansion from the California Department of Alcoholic Beverage Control.

• B. Standards. To establish outdoor seating for dining on a sidewalk, the following are required:

  1. All entrances and emergency exits must be kept free of obstructions to ingress and egress.

  2. A one-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, per CalTrans requirements.

  3. A four-foot clear path of travel, which clearly maintains ADA compliance along the sidewalk, must be maintained to provide disabled access.

  4. Tables and chairs must be brought indoors when the restaurant is closed.

  5. Entertainment is not allowed on the sidewalk as part of the restaurant service.

  6. An encroachment permit must be obtained from the city. The application must include documentation of required liability insurance. The city maintains the preeminent right to use the sidewalk and suspend the right to encroach whenever the sidewalk is needed for another public use or for repair.

  7. No more than twenty percent (20%) of total restaurant seating may be located on the sidewalk or other public property.

  8. If dogs are desired in the outdoor dining area, the following regulations must be enforced:

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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a. Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens or any other items involved with food service operations.

• b. Patrons must keep dogs in their charge on a leash at all times and under control.

• c. Dogs must not be allowed on chairs, tables, or other furnishings.

• d. All table and chair surfaces must be cleaned and sanitized between seating of patrons.

• e. Dog waste must be removed immediately and the area immediately cleaned and sanitized with an appropriate product.

f. Dogs must not be permitted to travel through indoor portions of the public food service establishment. (Ord. 23-4 § 5 (Exh. A))

• A. Primary Uses. Uses that may include outdoor commercial displays and sales are limited to the following:

  1. Auto dealers.

  2. Bicycle sales, repair, and rentals.

  3. Farmers’ markets.

  4. Parking and loading areas.

  5. Plant nurseries.

6. Portable shoeshine stands when the business is conducted in conjunction with an approved use, provided the shoeshine stand conducts business during the same business hours as the approved primary use.

7. Seasonal sales (Christmas trees, pumpkins, etc.).

8. Service stations.

9. Storage of building materials and supplies accessory to an approved use.

10. Any other uses which, in the opinion of the community development director, require outside display or storage.

B. Standards. Provided the use is allowed (either as a permitted or conditional use) by the zoning district regulations for the zoning district in which the property is located, the following provisions apply to the incidental placement, storage, display, sale, or offer for sale of any merchandise out-of-doors or outside any completely enclosed building:

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. The merchandise or activity must be incidental and adjacent to any lawfully established business that normally sells the merchandise inside the building.

2. The merchandise or activity must not present a hazard to pedestrians or vehicles.

3. The merchandise or activity must not occupy the space formed by extending the width of any required or existing building exit, whichever is wider, to the public right-of-way.

4. The display of merchandise must not be located within the public right-of-way.

5. The merchandise or activity must not occupy any required parking spaces.

6. The storage, display or sales area is limited to two hundred (200) square feet or ten percent (10%) of the gross floor area of the business, whichever is less.

7. Along Main Street, between Mitchell Street and Pine Street on the west side, and Pope Street to Pine Street on the east side, planter boxes and plants must not encroach more than twelve (12) inches into the public right-of-way; must have a maximum height of four feet zero inches; and a minimum clearance of six feet of sidewalk must be kept clear for pedestrian use. These standards also apply elsewhere in the Central Business district outside of the area designated; however, the city council may waive these standards on a case-by-case basis.

8. Bicycle Sales, Repairs and Rentals. Storage or display of rental vehicles is not permitted within the public right-of-way, except where the city has jurisdiction over the sidewalks and as may be allowed with a conditional use permit with the following conditions:

• a. One-and-one-half-foot “recovery zone” from the edge of curb that must be kept free of obstructions, consistent with CalTrans requirements;

• b. A four-foot clear path of travel along the sidewalk must be maintained to provide disabled access;

• c. Bicycles/scooters must be brought indoors when the business is closed; and

• d. An encroachment permit must be obtained from the city.

C. Use of Street or Sidewalk. Nothing in this section may authorize the placement, storage, display, sale or offer for sale of any merchandise on any street or on any sidewalk or any other portion of the public right-of-way, with the exception of sidewalk sales permitted by subsection (D)(7) of this section.

D. Exceptions. No conditional use permit for the outdoor storage, display or sale of the following merchandise is required for:

1. Fruits and vegetables.

2. Plants and other growing vegetation, with the limitation in subsection (B)(6) of this section not applicable to nurseries.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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3. Cut flowers (planter boxes subject to the standards specified in subsection (B)(7) of this section).

4. Gasoline pumps, oil racks and accessory items when located on pump islands.

5. Vehicles, including automobiles, trucks, motorcycles, trailers and recreational vehicles, with the limitation in subsection (B)(6) of this section not applicable.

6. Areas within a completely roofed street alcove or entryway; provided, that the merchandise is inside the line of the building face.

7. Parking lot and sidewalk sales and other promotional events that involve retail sales, as long as they do not exceed twelve (12) days total during any twelve (12) month period with no more than three days being consecutive, regardless of the number of businesses located on the property, with the limitations in subsections (B)(5) and (B)(6) of this section not applicable.

8. Nonpromotional events conducted by or for recognized nonprofit or charitable community groups, with the limitations in subsections (B)(1), (B)(5), and (B)(6) of this section not applicable.

9. Garage and yard sales, provided they are conducted on property used for residential purposes by a resident and do not exceed three days during any six-month period, with the limitations in subsections (B)(1), (B)(5), and (B)(7) of this section not applicable.

10. Merchandise associated with hardware stores and building supply stores.

11. Activities similar to the above, as determined by the planning commission. (Ord. 23-4 § 5 (Exh. A))

• A. Approval Criteria. The following criteria must be met prior to approval of a service station:

  1. The site is not closer than one hundred (100) feet to any R zoning district;

  2. No block would have more than two service station sites;

  3. No intersection would have more than two service station sites;

  4. All operations and display of merchandise would be kept within an approved structure, except those directly required for the dispensing of gasoline, water and air, and the replenishment of oil;

5. The proposed use will not create increased traffic hazards to pedestrians when located near a church, school, theater, or other place of assembly; and

6. That the minimum landscaping requirements established in the zoning district in which the use is located have been incorporated into the design of the proposed use; and

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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7. The use does not include the sale of staple grocery items nor does it include a mini market, but may include the sale of snack foods, drinks, and convenience foods.

• B. Public Service Facilities. All service stations must:

  1. Provide restrooms on site, at no charge, for public use during normal business hours. The restrooms shall be continuously maintained in compliance with the standards of the county health department.

  2. Provide and maintain, in usable and good working order, an air pump and radiator water hose for public use.

3. Provide petroleum and solvent waste dispensers, at no or a minimum charge, for use by customers to dispose of their used petroleum product liquids and shall accept used oil and containers during normal business hours.

4. Provide petroleum and solvent waste containers, at no or a minimal charge, for use by customers to return and to recycle their oil and other used petroleum product liquids.

5. Recycle all oil collected and make every effort to recycle the returned containers and other used petroleum product liquids.

• C. Standards. The following provisions apply to the establishment and operation of service stations:

  1. Service stations must be designed to maintain the scale, appearance and character of the surrounding area.

2. The location of service station islands, pumps, underground and aboveground tanks must meet the requirements of the city fire department and Uniform Fire Code.

3. Minimum Side and Rear Setbacks. Structures shall be set back at least ten (10) feet from the side and rear property lines where the adjoining parcels are located in a residential district.

4. Vehicular Access Points. There shall be no more than two vehicular access points to/from each public right-of-way and a minimum distance of thirty (30) feet between curb cuts along a public right-of-way.

5. Driveway Widths. The width of a driveway shall not exceed twenty-five (25) feet, measured at the sidewalk.

6. Pump Island Location. Pump islands shall be set back a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.

7. Canopies. Canopy height shall be limited to a maximum of eighteen (18) feet.

8. Restroom Screening. Restroom entrances viewable from adjoining rights-of-way or properties shall be concealed from view by planters or screening subject to the approval of the community development director.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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9. Peripheral Wall.

   • a. Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line. The height of the wall, which shall be at least six feet, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the community development director.

   • b. When the wall reaches the established front setback line of a residentially zoned parcel adjoining the service station, the wall shall decrease to a maximum height of forty-two (42) inches.

D. Accessory Uses. Accessory uses of a service station which are customarily incidental and clearly subordinate to the principal use (e.g., a car wash, motor vehicle and trailer rental, sale of food and beverage items, video rental, motor vehicle fleet maintenance, etc.) may be permitted with the approval of a separate conditional use permit by the planning commission. (Ord. 23-4 § 5 (Exh. A))

• A. Purpose.

  1. The city council hereby finds that unregulated transient occupancy uses in residential and agricultural districts present a threat to the public welfare.

  2. The purposes of the short-term rental regulations are to:

     • a. Establish a permitting process and appropriate restrictions and standards for short-term rental of single-family dwellings;

     • b. Provide a visitor experience and accommodation as an alternative to the hotel, motel, and bed and breakfast accommodations currently existing in the city;

     • c. Ensure the collection and payment of transient occupancy taxes;

     • d. Minimize the negative secondary effects of short-term rental use on surrounding residential neighborhoods; and

     • e. Retain the character of the neighborhoods in which any such use occurs.

  3. The short-term rental regulations are not intended to regulate hotels and bed and breakfast inns that do not qualify as short-term rentals.

4. The short-term rental regulations are not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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5. The city council also finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits (refer to Section 17.05.100, Short-term rental permit) is necessary to protect the public health, safety and welfare. The purposes of the short-term rental permit regulations are to:

   • a. Provide a permit system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density;

   • b. Ensure the health, safety and welfare of renters and guests patronizing short-term rentals;

   • c. Impose limitations on the total number of permits issued in order to ensure the long-term availability of the affordable housing stock; and

   • d. Provide for robust enforcement remedies and penalties to prevent and deter violations of this section and unjust enrichment by those who violate this section.

B. Short—Term Rental Permit Required. No person may use or maintain, nor may any person authorize, aid, facilitate or advertise the use of, any single-family dwelling on any parcel in any zoning district for short-term rental without a short-term rental permit. See Section 17.05.100, Short-term rental permit.

C. Permitted Locations. Short-term rentals must be permitted in accordance with the provisions established in each zoning district and as provided in this section.

• D. Restrictions and Standards. Short-term rentals are subject to the following restrictions and standards:

1. The short-term rental use is permitted in no more than one single-family dwelling per lot.

2. The short-term rental permit must be in the name of the owner-applicant, who must be an owner of the real property upon which the short-term rental use is to be permitted. One person may hold no more than one short-term rental permit. The permit is not transferable.

3. Short-term rental uses are limited to single-family dwellings existing and constructed as of the date of application for the short-term rental permit.

4. The total number of permits for short-term rental dwellings in the city must not exceed twenty-five (25) at any time.

5. The maximum number of bedrooms used for short-term rental use in the short-term rental dwelling must be no greater than five. The total number of guests staying in the short-term rental dwelling at any one time must be no greater than two times the number of bedrooms plus two persons, up to a maximum of twelve (12) persons.

6. Short-term rental dwellings must meet all applicable building, health, fire and related safety codes at all times and shall be inspected by the fire department before any short-term rental activity can occur.

7. A minimum of two on-site parking spaces must be provided for use by the short-term rental occupants.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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8. The owner-applicant must keep on file with the city the name, address, telephone number, cell phone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental. This information must be posted in a conspicuous location within the short-term rental dwelling. The local contact person shall be available twenty-four (24) hours a day to accept telephone calls and respond physically to the short-term rental within thirty (30) minutes when the short-term rental is rented and occupied. The city shall post the name and contact information of the local contact person associated with each short-term rental on the city’s webpage. The city reserves the right to reject a local contact person if their location is out of the area.

9. The owner-applicant must post “house policies” within each guest bedroom. The house policies must be included in the rental agreement, which must be signed by the renter and must be enforced by the owner-applicant or the owner-applicant’s designated contact person. The house policies at a minimum must include the following provisions:

• a. Quiet hours must be maintained from ten p.m. to seven a.m., during which noise within or outside the short-term rental dwelling must not disturb anyone on a neighboring property.

• b. Outdoor amplified sound is prohibited.

• c. Except as permitted by the community development director, vehicles must be parked in the designated on-site parking area and must not be parked on the street overnight.

d. Parties or group gatherings which exceed the maximum number of allowed guests and/or which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.

• e. Guests must not leave any waste or trash outside the house.

10. Auctions, weddings, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited.

11. The owner-applicant must ensure that the occupants and/or guests of the short-term rental use do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs or be subject to fines and penalties levied by the city up to and including revocation of the short-term rental permit.

12. The owner-applicant, upon notification that occupants and/or guests of his or her short-term rental use have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this code or state law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, must prevent a recurrence of such conduct by those occupants or guests or be subject to fines and penalties levied by the city up to and including revocation of the short-term rental permit.

13. All advertising for any short-term rental, including electronic advertising on short-term rental websites, must include the number of the short-term rental permit granted to the owner-applicant.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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14. The owner-applicant must maintain city business licenses and pay all transient occupancy taxes in accordance with Chapter 3.28, Transient Occupancy Tax, as required.

15. Preference for the review and issuance of new short-term rental permits must be given to current residents of St. Helena over nonresident applicants. Applicants whose primary residence is within the city must be reviewed and acted on ahead of other nonresident applications to implement the local preference policy for short-term rental permits.

16. Applicants for short-term rental permits are required to have owned their homes for a minimum of three years prior to applying for and being issued a short-term rental permit.

17. Short-term rental permit holders are required to rent their properties on a short-term basis for a minimum (average) of sixty (60) days per year. Individual permit holders who do not meet this minimum rental activity may (at the determination of the community development director) have their renewal denied and/or reviewed by the planning commission at a noticed public hearing. Short-term rental permit holders who utilize their primary residence for short-term rental activities are exempt from this requirement. (Ord. 23-4 § 5 (Exh. A))

Single-room occupancy (SRO) units must be located, developed, and operated in compliance with the following standards:

• A. Maximum Occupancy. Each SRO living unit must be designed to accommodate a maximum of two persons.

• B. Minimum Size. An SRO living unit must have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.

• C. Minimum Width. A one-room SRO must not be less than twelve (12) feet in width.

• D. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

E. Cooking Facilities. Cooking facilities must be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to building code requirements; a small refrigerator; and cabinets for storage.

F. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities must be provided in accordance with the building code for congregate residences with at least one full bathroom per floor.

• G. Closet. Each SRO unit must have a separate closet.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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H. Common Area. Common area in an amount equal to ten (10) square feet per living unit must be provided, excluding janitorial storage, laundry facilities and common hallways. At least two hundred (200) square feet in area of interior common space must be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings. The common area must provide wi-fi for tenants.

I. Income Restriction. One hundred percent (100%) of units must be designated as affordable at the low-income level or very low-income level.

• J. Tenancy. Tenancy of SRO units are limited to thirty (30) or more days.

• K. Facility Management. An SRO facility with ten (10) or more units must provide full-time on-site management. An SRO facility with less than ten (10) units must provide a management office on site.

• L. Management Plan. A management plan must be submitted with the minor use permit application for all SRO projects. At minimum, the management plan must include the following:

  1. Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

  2. Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;

3. Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

   4. Staffing and Services. Information regarding all support services, such as job referral and social programs; and

   5. Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials. (Ord. 23-4 § 5 (Exh. A))

A minor use permit for the establishment of a small recycling center shall be conditioned upon compliance with the following requirements:

• A. Location. A small recycling center must not be located in any required setback.

B. Screening. Small recycling centers must be screened from the public right-of-way by landscaping (fences or walls may be used if located outside a required setback). The landscaping must generally be planned and installed in accordance with Chapter 17.25, Landscaping. Any impairment of existing landscaping or landscaping required pursuant to this title must be mitigated by installing a similar amount of landscaping.

• C. Operations.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. May not exceed five hundred (500) square feet including mobile recycling units, nonprofit drop-off facilities and reverse vending machines.

2. Only glass, metals, plastic containers and paper may be accepted at a small recycling center. Motor oil must not be collected for recycling at a small recycling center.

3. No power-driven processing equipment is allowed except for reverse vending machines.

4. Containers used for the collection and storage of recyclable materials must be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material and must have a capacity sufficient to accommodate materials collected between collection schedules.

5. Containers must be clearly marked to:

   • a. Identify the type of material which may be deposited in each container;

   • b. The name and telephone number of the operator and hours of operation; and

   • c. Shall display a notice stating that no material is to be left outside the recycling enclosure or containers.

6. Attended facilities located within one hundred (100) feet of property zoned or occupied for residential use must operate only during the hours between nine a.m. and seven p.m. Containers for the twenty-four (24) hour donation of materials must be located at least five hundred (500) feet from any property zoned or occupied for residential use unless there is acoustical shielding between the containers and residential use. In no event may the containers for the twenty-four (24) hour donation of materials be located less than thirty (30) feet from property zoned for residential use.

D. Maintenance. The site must be maintained free of litter and any other undesirable materials and must be picked up and cleaned on a daily basis.

• E. Signs. Signs on recycling containers must comply with the following:

1. The maximum sign area allowed must be thirty-five percent (35%) per side of the container or nine square feet (whichever is less) with a total sign area of forty (40) square feet for all containers. These may be in addition to the informational signs required by subsection (C)(5) of this section. In the case of a wheeled container, the side will be measured from the pavement to the top of the container.

imum sign area allowed must be thirty-five percent (35%) per side of the container or nine square feet (whichever is less) with a total sign area of forty (40) square feet for all containers. These may be in addition to the informational signs required by subsection (C)(5) of this section. In the case of a wheeled container, the side will be measured from the pavement to the top of the container.

2. On-site directional signs may be allowed to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

3. These regulations are in addition to the sign standards established in Chapter 17.27, Signs.

• F. Parking.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. No additional parking spaces are required for a small recycling center, over and above those required for the principal use. Mobile recycling units must have an area clearly marked to prohibit other vehicular parking during the hours mobile unit is to be present.

2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the principal use unless the facility is located in a convenience zone as designated by the California Department of Conservation.

• G. Permit.

1. The minor use permit for a small recycling center is valid for a period of time not to exceed five years, after which time it may be reviewed for another five years. If at any time the small recycling center is not in use for six months or more, it must be immediately removed from the site and the community development director notified.

2. Applicants seeking approval for a small recycling center shall submit plans and other information sufficient to demonstrate compliance with the above requirements including the name, address and telephone number of the person responsible for the daily maintenances and periodic collection of recyclable materials and written approval from the property owner.

3. The above requirements may be waived or modified by the community development director if the result is to improve the overall function, site operation or appearance of the small recycling center; or that the design and/or location of the small recycling center makes the above unnecessary. (Ord. 23-4 § 5 (Exh. A))

• A. Purpose. The purpose of the small winery regulations is to:

  1. Promote and implement the policies of the general plan to preserve agricultural land uses within the city;

  2. Support the economic feasibility of continuing agricultural use of the land where individual property owners can process grape crop into wine within a privately owned facility; and

  3. Support the establishment of smaller, locally owned and operated wineries where an existing residential use exists.

• B. Applicability.

1. The reestablishment of pre-Prohibition wineries may be permitted within any zoning district, except the W (Winery) zoning district, in compliance with the regulations in subsection D of this section.

   2. The reestablishment of pre-Prohibition wineries in the W (Winery) zoning district must comply with the winery district regulations in Chapter 17.19, Community Agricultural and Natural Resource Zoning Districts.

• C. Uses Prohibited.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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1. Events which are open to members of the general public who are not members of the wine trade or who do not have preestablished business relationships with the small winery or its owner/operator are not permitted.

2. Facilities for assembly, public sales, or entertainment, including retail sales rooms, visitor centers, dining rooms separate from that within the residential unit, kitchens or food service facilities, are prohibited.

• D. Pre-Prohibition Wineries.

  1. The reestablishment of a pre-Prohibition winery may be permitted with approval of a conditional use permit.

  2. The following findings must be made in order to approve a conditional use permit for the reestablishment of a pre-Prohibition winery:

     • a. There is substantial evidence proving that the subject structure was used as a winery building prior to January 16, 1920; and

     • b. More than fifty percent (50%) of the exterior of the original historic structure remains standing.

  3. The appearance of the renovated building must be consistent with the original appearance of the building, as documented by photographs or as recommended by a qualified architectural historian.

4. Pre-Prohibition winery status may allow modification of regulations of the underlying zoning district to preserve the historic nature of the structure.

5. Pre-Prohibition wineries are not automatically entitled to the prior annual production capacity, or type or intensity of prior social or marketing activities. Pre-Prohibition winery operations must be consistent with all small winery regulations contained in subsections E through G of this section.

6. Conditions of approval for a conditional use permit to reestablish a pre-Prohibition winery must provide for the continued preservation of the historic nature of the structure through rezoning to include a historic preservation overlay or other means deemed suitable.

7. Construction must comply with the California Uniform Building Code and/or the State Historic Building Code, as amended and adopted by the city.

• E. Development and Use Standards.

  1. Parcel Size.

a. Small wineries are allowed only on parcels of five acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.

b. Small wineries that host tastings or other are allowed only on parcels ten (10) acres or greater in size; however, exceptions may be granted if it can be demonstrated that there will be minimal impact upon surrounding properties.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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2. Small wineries must be an accessory use to a residential use. The residential use must be the primary residence of the winery owner or their family members (i.e., children, parents, grandparents, or grandchildren) or the resident winery manager.

3. Accessory buildings in association with a small winery must be developed consistent with the standards for accessory buildings for the zoning district in which the small winery is located. More restrictive standards may be applied if the community development director determines that the winery building or operations will have a negative impact upon other properties in the vicinity.

4. Only one small winery is permitted per parcel.

5. A minimum of eighty-five percent (85%) of the grape source utilized for the wine produced at the small winery must be grown on the premises, on parcels whose property lines adjoin the parcel upon which the small winery is located, or on any parcel that is immediately adjacent to or across any public or private street, excluding Highway 29, from that parcel upon which the small winery is located. However, if (a) the winery is being temporarily replanted or (b) the winery has sustained crop damage, the grapes may be sourced from within the city limits in proportion to the extent of the vines being replanted or replaced because of crop damage until production is reestablished at preplanting or prereplacement levels.

6. There must be a direct correlation between the yearly production limit of the small winery and the anticipated tonnage of grapes. A general guideline for establishing the production limit is one thousand (1,000) gallons per acre of vineyard planted on the property where the small winery is located; however, the general guideline can vary depending upon the crop yield of the particular vineyard.

7. Pursuant to Section 13.04.100(E), no municipal water may be utilized for the small winery operations or vineyard irrigation.

8. A minimum of three parking spaces (two standard parking spaces and one accessible parking space) must be provided with the winery use. Additional parking spaces may be required depending upon the number of employees employed at the winery. All employees must park on site.

• F. CUP Requirements and Conditions.

  1. All private visitor and event parking, including employee parking, must be provided on site.

2. Wine marketing events are limited to a maximum of one event per calendar month.

3. The maximum number of guests allowed at any private wine marketing event must not exceed the fire code occupancy of the small winery building. This maximum capacity shall be posted in a conspicuous place in the small winery building.

4. Conditional use permit conditions shall state the maximum number of guests per event and may impose stricter limitations if residential development on adjoining parcels is within four hundred (400) feet of the new small winery use.

5. Amplified music outdoors is not permitted within five hundred (500) feet of a residence.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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6. There can be no advertising in publications produced for general distribution for private wine marketing events and all attendees must have been specifically invited to participate in the private wine marketing event by the small winery owner/operator. Because facilities for assembly or entertainment are prohibited, all private wine marketing events must be held within the confines of the on-site residential unit, the production area of the small winery building, or outside.

7. The establishment of on-premises wine sales will be determined during the process for consideration of a conditional use permit. If wine sales are to be allowed, they must be restricted only to wine that is produced on the parcel on which the small winery is located. No merchandise must be sold.

8. The hours of sales must be by appointment only as reviewed during the process for consideration of a conditional use permit.

• G. Inspection, Fees, and Licenses.

  1. A business license is required prior to the commencement of operation of a small winery.

  2. The community development director must inspect small wineries as often as necessary to ensure compliance with this title and conditional use permit conditions. An inspection fee must be set by resolution of the city council. (Ord. 23-4 § 5 (Exh. A))

Solar energy systems must be located, developed, and operated in compliance with the following standards:

• A. Height.

  1. Ground—Mounted Solar Energy Systems. The maximum height of a ground-mounted solar energy collector system is twenty-five (25) feet or the maximum height allowed in the underlying zoning district, whichever is less.

  2. Roof—Mounted Solar Energy System. Solar energy systems may extend up to five feet above the roof surface on which they are installed and are excluded from the maximum height limit of the zone in which they are located.

B. Required Setback. Solar energy systems less than six feet in height may be installed within a required side and rear setback, but no closer than three feet to any property line. All other solar energy systems must meet the required setback of the underlying zoning district. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. This section establishes regulations to ensure that short-term activities on privately or publicly owned property will be compatible with surrounding areas.

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B. Permit. A temporary use permit allows the short-term activities listed in subsection D of this section that may not comply with the normal development or use standards of the applicable zoning district but may otherwise be acceptable because of their temporary nature. Temporary use permits, issued in accordance with Section 17.05.110, Temporary use permit, are not subject to design review or standard parking requirements otherwise restricted by this code.

C. Exempt Temporary Activities. The following allowed temporary activities are exempt from the requirement for a temporary use permit. Activities that do not fall within the categories defined below must comply with subsection D of this section.

1. Construction Yards—On-Site. On-site contractors’ storage yards of less than one acre, including a work trailer, only in conjunction with an approved construction project located on the same site. The contractor’s storage yard must be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

2. Emergency Facilities. Emergency public health and safety needs/activities, as determined by the city council or the city manager.

3. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., as regulated and approved by the city manager pursuant to Chapter 5.24, Film Permits.

4. Garage Sales or Similar Sales Activities. The sale of personal goods which are owned by the household or neighboring households located on residentially zoned property, for up to three consecutive days and three times within a twelve (12) month period.

5. Public Property. Activities conducted on public properties that are approved by the city council.

6. Nonprofit Special Events. Special events (such as car washes, bake sales, rummage sales or flea markets) conducted by or for a recognized nonprofit or charitable community group may be conducted on the grounds of a religious institution, commercial property, school or other permanent place of public assembly up to three days during any six-month period provided they meet the following standards or provisions:

• a. Event activities do not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than required ADA access dimensions, significantly reduce on-site parking or occupy a fire lane.

b. If the merchandise or activity is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit must be secured from the public works department.

c. If any commercial vendors are involved in the event, they must secure a business license from the finance department pursuant to Title 5, Business Licenses and Regulations.

d. Nonprofit special events occurring more frequently than three days during any six-month period must require a conditional use permit or temporary use permit.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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D. Allowed Temporary Activities. The following temporary activities may be allowed within the specified time limits, but in no case for more than twenty-four (24) months (other than as noted in this section), subject to the issuance of a temporary use permit by the community development director. Other temporary or short-term activities that do not fall within the categories defined below must instead comply with the temporary use permit requirements and development standards that otherwise apply to the property.

1. Events. Arts and crafts exhibits, carnivals, concerts, fairs, farm stands, festivals, flea markets, food events, outdoor entertainment/sporting events, and swap meets for up to fourteen (14) consecutive days, or six twoday weekends, within a twelve (12) month period, when conducted on nonresidential properties. Decisions on large scale temporary uses such as concerts or festivals which are intended to draw large numbers of individuals (i.e., four hundred (400) or more people) to the temporary use in a single day may be elevated to the planning commission at the discretion of the community development director.

2. Pop-Up Uses. Retail sales, museums, outdoor movies for commercial profit, outdoor dining in conjunction with a restaurant, art exhibits, restaurants or cafes for up to twenty-four (24) months when conducted on nonresidential properties.

3. Formula Pop-Up Uses. Pop-up uses meeting the definition of a “formula business” are limited to ninety (90) days of operation when conducted on nonresidential properties.

4. Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirty (30) days and eight times within a twenty-four (24) month period.

5. Temporary Structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of twenty-four (24) months from the date of approval without design review, to accommodate an existing approved primary or accessory use, or as the first phase of a development project. The type of temporary use must be allowed within the base zoning district.

6. Temporary Off-Site Storage. Temporary off-site storage requires a minor use permit and is limited to a period of one year, with an extension at the discretion of the community development director.

7. Similar Temporary Activities. Similar temporary activities that the community development director determines are compatible with the zoning district and surrounding land uses. (Ord. 23-4 § 5 (Exh. A))

• A. Purpose and Findings.

  1. There is a critical shortage of permanent, long-term housing in St. Helena.

  2. A limited supply of suitable vacant land, land values, and market demand for land for other uses, including but not limited to use of property for vineyards, have limited the construction of additional housing in the city.

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3. St. Helena is a popular tourist destination known for its scenic Napa Valley location, exceptional wineries and restaurants, historic Main Street and small town agricultural character.

4. St. Helena stands out in the Napa Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the city and the visitors who help to sustain the city’s tourist economy is key to maintaining a sustainable community and a stable economy.

5. Time-share uses are not an appropriate land use in the city’s residential districts due to the multiple occupancy of time-share properties, the short-term, tourist-oriented use of such property and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial-level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.

6. Conversion of permanent housing to time-share facilities removes existing housing units from the city’s existing stock and exacerbates an already severe housing shortage.

7. It is, therefore, in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to a tourist-oriented, commercial use.

• B. Definitions. For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

“Accommodation” means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a singlefamily dwelling, or unit within a two-family dwelling, three-family dwelling, multiple-family dwelling, or townhouse dwelling as defined in Chapter 17.33, Definitions of Uses.

“Building” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.

“Dwelling unit” shall have the meaning ascribed to it by Chapter 17.32, Definitions of Terms.

“Managing entity” means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.

“Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

“Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.

“Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.

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“Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

“Time-share property” means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations.

“Time-share use” means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

C. Time—Share Uses Restricted to Service Commercial (SC) and Central Business (CB) Districts. Time-share uses are conditional uses within the city’s Service Commercial (SC) district and Central Business (CB) district, subject to approval of a conditional use permit applied for and approved in conformance with this chapter. Time-share uses are not permitted in all other zoning districts in the city.

• D. Application Process and Development Standards.

1. Application Process. In addition to the application requirements contained in Chapter 17.04, Common Procedures, and Chapter 17.05, Planning Permits and Approvals, an application for a time-share use shall be accompanied by the following documents which shall be subject to the approval of the community development director:

• a. Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of the time-share use.

b. Application Requirements. In addition to any application requirements established by this section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a time-share use:

• i. Typical floor plans for each accommodation.

• ii. The phasing of the construction of the accommodations on the time-share property, if applicable.

• iii. A description of any ancillary uses which are proposed in conjunction with the time-share use.

iv. A description of the method of management of the time-share use and indication of the management entity for the time-share property.

• v. Any restrictions on the use or occupancy of the accommodations.

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vi. Any other information or documentation the applicant, city staff or commission deems reasonably necessary to the consideration of the time-share use, including any required environmental documents.

2. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any time-share use. Additional requirements may be attached to a conditional use permit or development agreement if found to be necessary to assure that the time-share use meets the intent of this chapter:

• a. Time-share uses developed in the SC or CB zoning district shall be limited to accommodations in upper floors in conjunction with a mixed-use project.

• b. No existing residential use in the SC or CB zoning district shall be converted to a time-share use.

• c. Development Standards. The time-share use shall comply with all development standards for the zoning district in which it is located.

• d. Parking. Parking shall be provided as follows:

i. For accommodations of two or fewer bedrooms, one parking space shall be provided for each accommodation.

ii. For accommodations of three or more bedrooms, two parking spaces shall be provided for each accommodation.

e. Modification or Waiver of Standards. The planning commission may modify or waive one or more of the regulations contained in this section if it determines that strict compliance is not necessary to achieve the purpose and intent of this section.

• E. Violations, Enforcement and Civil Penalties.

1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this chapter is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.20, General Penalty.

2. Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this chapter is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.

to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, Enforcement Procedures, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.

3. Any responsible person who violates this chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The city may recover such civil

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penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city’s staff time, investigation expenses and attorney’s fees.

• a. Where the city proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person’s enrichment or profit as a result of the violation of this chapter. In any such civil action the city also may abate and/or enjoin any violation of this chapter.

b. Where the city proceeds by administrative citation, the city shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing.

• i. The responsible person shall have the right to request the administrative hearing within fortyfive (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.

ii. The city manager is hereby authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.

designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.

iii. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner’s or responsible person’s enrichment or profit as a result of the violation of this chapter.

iv. Any aggrieved party to the hearing officer’s decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

v. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section,

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such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 1.12, Enforcement Procedures. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

4. Any violation of this chapter may also be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, except that the civil penalty under Chapter 1.12, Enforcement Procedures, for a violation shall be one thousand dollars ($1,000.00).

5. Each day the violation of this chapter occurs shall constitute a separate offense.

6. The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity. (Ord. 23-4 § 5 (Exh. A))

A. Purpose. The purpose and intent of this section is to provide uniform and comprehensive standards for the approval and design of telecommunication facilities. These regulations are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunication facilities. They have also been developed to further the policies of the general plan. It is intended that these regulations specifically accomplish the following:

1. Ensure that new telecommunication facilities are installed in a manner that minimizes their visual impact on the community;

2. Protect the environmental resources of the city;

3. Create telecommunication facilities that will serve as an important and effective part of the city’s emergency response network; and

4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of the city’s citizens.

B. Applicability and Exemptions. The requirements of this section apply to all telecommunication facilities on private property and public property not including the public right-of-way that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations.

2. Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

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3. Public safety communications radio.

4. Radio and television mobile broadcast facilities.

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures.

6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the city manager for an emergency for a period of up to one year.

7. A single ground—or building-mounted dish antenna not exceeding the maximum height permitted by this section, including any mast, subject to the following restrictions:

a. Satellite Dish 39.37 Inches (One Meter) or Less. A satellite dish antenna 39.37 inches (one meter) or less in diameter, and (i) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

ast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

b. Nonsatellite Dish 39.37 Inches (One Meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement, and (i) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunication services, is permitted anywhere on a lot.

8. An antenna that is less than twenty-five (25) feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals.

9. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the community development director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

10. Minor modifications to existing wireless facilities as determined by the community development director that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this section, and will have little or no change in the visual appearance of the facility.

C. Definitions of Telecommunication Terms.

“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

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“Base station” means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.

a. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

c. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections (a) and (b) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

d. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections (a) and (b) of this definition.

“Collocation” means (a) mounting or installing a wireless telecommunication facility on a preexisting structure; and/or (b) modifying a structure for the purpose of mounting or installing a wireless telecommunication facility on that structure. For the purposes of eligible facilities requests, “collocation” means the mounting or installation of transmission equipment on an existing tower or base station.

“Eligible facilities request” means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

• a. Collocation of new transmission equipment;

• b. Removal of transmission equipment; or

• c. Replacement of transmission equipment.

“Fixed wireless signal” means any commercial nonbroadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“ham”) radio, CB radio, and digital audio radio service (DARS) signals.

“Hub or relay antenna” means any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunication services or services that are provided on a commingled basis with telecommunication services.

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“Lattice tower” means a sub-type of tower; a three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

“Monopole” means a sub-type of tower; a structure of single pole (nonlattice) design and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

“Satellite dish” or “nonsatellite dish” means a sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

“Small wireless facilities” means facilities that meet each of the following conditions:

• a. The facilities:

  • i. Are mounted on structures fifty (50) feet or less in height including their antennas as defined in this section;

ii. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures; or

iii. Do not extend existing structures on which they are located to a height of more than fifty (50) feet or by more than ten percent (10%), whichever is greater;

b. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;

c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

• d. The facilities do not require antenna structure registration under 47 C.F.R. Part 17;

• e. The facilities are not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and

• f. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

“Stealth design” means improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer.

“Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

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“Wireless telecommunication facility” or “telecommunication facility” means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.

eceives electromagnetic signals. It includes antennas, microwave dishes, horns and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area and other accessory development.

• a. “Telecommunication facility—major” means any new stand-alone facility, excluding stand-alone small wireless facilities up to thirty-five (35) feet in height.

b. “Telecommunication facility—minor” means collocations and small wireless facilities up to thirty-five (35) feet in height. If a facility does not meet these criteria then it is considered a major telecommunication facility.

• D. Permits Required.

1. Collocation Facilities (Government Code Section 65850.6). Collocation facilities are allowed by right when proposed on a wireless telecommunication collocation facility that was subject to a discretionary permit issued and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

2. Eligible Facilities Request (EFR). For eligible facilities requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.

3. Telecommunication Facility, Major. Nonexempt major telecommunication facilities are permitted subject to conditional use permit.

4. Telecommunication Facility, Minor. Nonexempt minor telecommunication facilities are permitted subject to a minor use permit.

E. Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this chapter, or other conditions of approval may also be necessary. All telecommunication facilities shall comply with:

1. Minimum Application Requirements. The community development director shall establish and maintain a list of information that must accompany every application for the approval of a telecommunication facility. Requirements are found on the telecommunication facility application on file with the community development department.

2. Expert Review. The community development director is explicitly authorized to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to,

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those required under this section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any

administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.

3. Approval Authority.

a. Major Telecommunication Facilities. The planning commission shall be the hearing authority for major telecommunication facilities. All major telecommunication facilities require a public hearing.

b. Minor Telecommunication Facilities. Minor telecommunication facilities may be approved by the community development director through a minor use permit application. The community development director may refer an application for a minor telecommunication facility to the planning commission in his or her discretion based on comments received in response to public notice.

c. Collocation Facilities Requests and Eligible Facilities Requests, in Compliance With Subsections (D)(1) and (D)(2) of This Section. Collocation facilities requests and eligible facilities requests may be approved by the community development director through a minor use permit application.

4. Public Notice. In addition to the public notice required under Division II of this title, the following special noticing shall be provided:

   • a. Notice of a public hearing on a conditional use permit application under this section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice.

b. Notice of any application for a telecommunication facility shall be mailed to all adjacent property owners within three hundred (300) feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the community development director shall make a determination on the application.

5. Required Findings.

• a. General Findings. In approving any telecommunication facility except for a collocation facility request or an eligible facilities request, the approval authority shall make the following findings:

  • i. The proposed use conforms with the specific purposes of this section and any special standards applicable to the proposed facility;

ii. The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground-mounted antenna or to accomplish collocation;

iii. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and

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• iv. The proposed facility uses a stealth design.

b. Additional Findings for a Major Facility. To approve a major telecommunication facility, the approval authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal consideration including that such siting:

• i. Would have more significant adverse effects on views or other environmental considerations;

• ii. Is not permitted by the property owner;

• iii. Would impair the quality of service to the existing facility; or

iv. Would require existing facilities at the same location to go offline for a significant period of time.

c. Findings for Collocation Facilities Requests. The proposed collocation facility meets the requirements of subsection (D)(1) of this section.

• d. Findings for Eligible Facilities Requests.

i. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Section 1.6100(b)(3) through (b)(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The approval authority shall make an express finding for each criterion;

ii. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Section 1.6100(b)(7)(i) through (b)(7)(iv), or any successor provisions; and

• iii. That the proposed facility will comply with all generally applicable laws.

e. Additional Findings for Setback Reductions. Except for a collocation facility request or an eligible facilities request, to approve a reduction in setback, the approval authority shall make one or more of the following findings:

i. The facility will be collocated onto or clustered with an existing, legally established telecommunication facility; and/or

ii. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

f. Additional Findings for Any Other Exception to Standards. The planning commission may waive or modify requirements of this section upon finding that strict compliance would result in noncompliance with applicable federal or state law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the request at the time of application submittal.

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6. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:

a. The conditional use permit expires ten (10) years from approval and must be renewed in order to continue the use.

b. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

c. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

d. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.

e. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in collocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

i. No collocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions.

ii. Failure to comply with collocation requirements when feasible or cooperate in good faith as provided for in this section is grounds for denial of a permit request or revocation of an existing permit.

f. Within one month after construction of the wireless communications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the community development director. If at any time while the permit is in effect the community development director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the community development director may require the permittee to submit a report described by this section. Failure to comply with this section shall be grounds for revocation of the conditional use permit.

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g. Within sixty (60) calendar days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the community development director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.

7. Conditions of Approval for Collocation Facilities Requests. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:

a. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as a collocation facility request shall be subject to the terms and conditions of the underlying permit.

b. No Permit Term Extension. The city’s grant or grant by operation of law of a collocation facility permit will not extend the permit term for the underlying wireless telecommunication collocation facility permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication collocation facility.

8. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this chapter, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the approval authority:

a. Permit Subject to Conditions of Underlying Permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.

b. No Permit Term Extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

9. Life of Approvals.

a. A conditional use permit that is issued pursuant to this section authorizing establishment of a telecommunication facility must be renewed every ten (10) years through the approval process specified in Section 17.05.020, Conditional use permit (CUP). The grounds for nonrenewal shall be limited to a showing that one or more of the situations listed below exist:

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• i. The use involved is no longer allowed in the applicable zoning district;

• ii. The facility fails to comply with the relevant requirements of this section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the community development director that the facility will be brought into compliance within one hundred twenty (120) days; and

• iii. The permittee has failed to comply with the conditions of approval imposed.

b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under subsection (E)(4) of this section was not provided.

10. Standard Agreement Required.

• a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the city. The terms of the agreement shall:

  • i. Ensure compliance with this chapter and all applicable conditions of approval;

  • ii. Require the facility to be appropriately maintained;

iii. Ensure new landscaping is installed and existing landscaping is maintained, preserved and protected, as indicated on the plans; and

• iv. Require the property owners to defend, indemnify, and hold harmless the city.

b. The agreement shall be signed and notarized and submitted to the community development department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

F. Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

1. Location and Siting.

a. No new freestanding facility, including a tower, shall be located within one thousand (1,000) feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.

b. All wireless telecommunication facilities shall meet the building setback standards of the district in which they are to be located unless findings for a setback reduction are made in accordance with subsection (E)(5)(e) of this section.

• c. Major telecommunication facilities are not permitted in the LR, MR, and HR zoning districts.

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d. Major and minor telecommunication facilities are not permitted on properties within the Historic Preservation Overlay district.

2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:

   • a. An existing nonresidential building.

b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term “functioning” as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

• d. Existing publicly owned and operated tower exceeding the maximum height limit.

e. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole shall be constructed to allow for collocation of at least one other similar communications provider.

3. Height Limitations.

a. Freestanding Wireless Telecommunication Facility. A freestanding wireless telecommunication facility shall not exceed a height of fifteen (15) feet above the height limit of the district in which it is located.

b. Building—Mounted Facilities. Building-mounted telecommunication facilities shall not exceed a height of fifteen (15) feet above the height limit of the district or fifteen (15) feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest point of attachment to the building.

c. Facilities Mounted on Structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to fifteen (15) feet above the height of an electric utility pole.

d. Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.

e. Height Determination. A telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted

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towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached thereto.

4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts.

   • a. Minimum Functional Height. All freestanding wireless telecommunication facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate collocation.

b. Stealth Design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure. All finishes shall be nonreflective.

c. Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the city. Any wall shall be architecturally compatible with the building or immediate surrounding area.

d. Vegetation Protection and Facility Screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:

• i. Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.

ii. Where mature trees exist near the construction site, a tree protection plan shall be submitted with building permit or improvement plan submittal. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction.

iii. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/ telecommunication lines serving it.

e. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

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f. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.

• g. Collocation of Additional Wireless Facilities on an Approved Major Telecommunication Facility.

i. All facilities shall make available unused space for collocation of other telecommunication facilities, including space for those entities providing similar, competing services. Collocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the city may require the applicant to obtain a third-party technical study at applicant’s expense. The city may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.

ii. All collocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the fire chief and city engineer.

7. Radio Frequency Emissions Standards, Interference, and Noise.

a. Radio Frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b. Interference. Telecommunication facilities shall not interfere with public safety radio communications.

c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of forty (40) decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess

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of fifty (50) dBa during the hours of seven a.m. to ten p.m. and forty (40) dBa during the hours of ten p.m. to seven a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.

8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

   • a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

   • b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as nonflammable in the building code.

   • c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.

   • d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

G. Vacation and Removal of Facilities. The service provider shall notify the community development director of the intent to vacate a site at least thirty (30) days prior to the vacation. The operator of a telecommunication facility shall remove all unused or abandoned equipment, antennas, poles, or towers within sixty (60) days of discontinuation of the use and the site shall be restored to its original, preconstruction condition. (Ord. 23-4 § 5 (Exh. A))