Chapter 17.02

Purpose and Applicability of the Zoning Code

Title 17 of the Town of Windsor Municipal Code, containing the Town's zoning regulations, shall be known as the "Town of Windsor Zoning Code," and referred to as this "Zoning Code."

• A. Purpose of the Zoning Code. The Town of Windsor Zoning Code carries out the policies of the Windsor General Plan by classifying and regulating the uses of land and structures within the Town, consistent with the General Plan. This Zoning Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents and businesses in the Town. More specifically, the purposes of this Zoning Code are to: [Source: 17.01.010]

  1. Provide standards and guidelines for the orderly growth and development of the Town that will assist in protecting the rural characteristics and community identity of Windsor;

  2. Conserve and protect the Town's natural beauty and setting, including the rolling hills and oak trees, scenic vistas, and historic and environmental resources;

  3. Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;

  4. Minimize automobile congestion by promoting pedestrian oriented development, safe and effective traffic circulation, and adequate off-street parking facilities;

  5. Ensure compatibility between all development and land uses; and

  6. Prevent crime and promote safety through environmental design. [CPTED]

• B. Authority. This Zoning Code is enacted based on the authority vested in the Town of Windsor by the State of California, including, but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). [Source: 17.01.020]

This Zoning Code shall be administered by the Windsor Town Council, referred to as the "Council;" the Windsor Planning Commission, referred to as the "Planning Commission;" the Community Development Director, referred to as the "Director;" and the Windsor Planning Division, hereafter referred to as the "Planning Division." [Source: 17.01.030]

• A. Applicability. This Zoning Code applies to all land uses, subdivisions, and development within the Town of Windsor, as provided by this section. [Source: 17.01.040]

*Editor’s note— Printed herein is the zoning code of the Town, Ordinance No. 2024-394, as adopted by the Town Council on November 20, 2024. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.

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• B. New Land Uses or Structures, Changes to Land Uses, or Structures. It shall be unlawful, and a violation of this Zoning Code for any person to establish, construct, reconstruct, alter, or replace any use of land or structure, except in compliance with the Zoning Code. [Source: 17.01.040.A]

• C. Subdivisions. Any subdivision of land proposed within the Town after the effective date of this Zoning Code shall be consistent with the minimum lot size, width, and depth requirements of Article 2 (Zones, Allowable Uses, and Development Standards), the subdivision requirements of the Town of Windsor Subdivision Code, State law, including, but not limited to, the Subdivision Map Act, and all other applicable requirements of this Zoning Code. [Source: 17.01.040.B]

• D. Continuation of Existing Land Uses. An existing land use is lawful and not in violation of this Zoning Code only when operated and maintained in compliance with all applicable provisions of this Zoning Code, including Chapter 17.70 (Nonconformities). However, the requirements of this Zoning Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Zoning Code or any applicable amendment. [Source: 17.01.040.C]

• E. Effect of Zoning Code Changes on Projects in Process. This Zoning Code applies to all land uses, subdivisions, and development within the Town of Windsor, as provided by this Subsection. [Source: 17.01.040.D]

  1. A land use permit application that has been accepted by the Planning Division as complete prior to the effective date of this Zoning Code or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete.

  2. A project that is under construction on the effective date of this Zoning Code or any

  • amendment, need not be changed to satisfy any new or different requirements of this Zoning Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

• F. Minimum Requirements. The provisions of this Zoning Code shall be minimum requirements for the promotion of public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a Town official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Code, as may be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Zoning Code. [Source: 17.01.040.E]

• G. Other Requirements May Apply. Nothing in this Zoning Code eliminates the need for obtaining any other permits required by the Town, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency. [Source: 17.01.040.G]

The provisions of this Zoning Code, as it existed before the effective date of Ordinance No. 2024-394 are repealed and superseded as provided in the ordinance enacting this title. No provision of this Zoning Code shall validate or legalize any land use, structure, or subdivision constructed, created, established, or maintained in violation of the Town of Windsor Zoning Code as they existed before repeal by the ordinance enacting this Zoning Code, except as addressed by nonconformities created by this Zoning Code, in compliance with Chapter 17.70 (Nonconformities). [Source: NEW]

• A. Zoning Code is the Primary Tool. Nothing in this Zoning Code eliminates the need for ob-

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taining any other permits required by the Town, or any permit, approval, or entitlement required by the regulations of any regional, State, or Federal agency. [Source: NEW]

1. General Plan. The General Plan is a comprehensive, long-range, general policy statement for the entire community. The General Plan designates appropriate locations, intensities, and densities for residential, commercial, mixed use, industrial, public, and open space uses.

2. Zoning Code. This Zoning Code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This Zoning Code is intended to be applied to the Town based on land use designations established in the General Plan.

• B. General Plan Consistency. The Council intends that this Zoning Code be consistent with the General Plan and any applicable specific plan to the maximum extent practicable, and that any development, land use, or subdivision approved in compliance with this Zoning Code shall also be consistent with the General Plan and any applicable specific plan to the maximum extent practicable. [Source: NEW]

• C. Other Requirements May Apply. Where inconsistencies are found to exist between the General Plan and this Zoning Code, the General Plan shall control the use and development of the land until the Council adopts an amendment to achieve consistency with the existing or current General Plan. [Source: NEW]

• A. Zoning Code as an Implementation Method. This Zoning Code is a method used by the

Town to implement the goals, policies, and programs of any adopted Specific Plan. [Source: NEW]

1. Specific Plan. A Specific Plan is a comprehensive, long-range, general policy statement for an identified limited area within the Town. The Specific Plan designates appropriate locations and densities/intensities for residential, mixed use, commercial, industrial, public, and open space uses for that limited area.

2. Compliance with Adopted Specific Plan Required. In compliance with Government Code Section 65455, all zoning, tentative maps, parcel maps, and public works projects shall be consistent with adopted Specific Plans for that limited area.

• B. Consistency with the Adopted Specific Plans. The Council intends that this Zoning Code be consistent with the adopted Specific Plans, and that any development, land use, or subdivision approved in compliance with this Zoning Code shall also be consistent with the adopted Specific Plan for that limited area. A proposed use shall be considered compatible, conforming, and consistent with the adopted Specific Plan when all the following conditions exist: [Source: NEW]

  1. Compatible. The proposed use is compatible with the description of the land use designation in which the use is located, as shown by the Land Use Map, and as described in the text of the Specific Plan;

  2. Conformance. The proposed use is in conformance with the goals, policies, programs, and maps, and the intent of the Specific Plan; and

  3. Consistent. The proposed use is to be established and maintained in a manner which is consistent with the Specific Plan and all applicable provisions contained in the Specific Plan.

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• C. Where Inconsistencies Exist. Where inconsistencies do exist between the Specific Plan and this Zoning Code, the Specific Plan shall control the use and development of the land until the Council adopts an amendment to achieve consistency with the existing or current Specific Plan. [Source: NEW]

If any portion of this Zoning Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Zoning Code. The Council hereby declares that this Zoning Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one (1) or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable. [Source: NEW]