Chapter 17.12

This chapter lists the land uses that may be allowed within the commercial and mixed-use zones established by Chapter 17.06 (Zones and Zoning Map), determines the type of land use permit/ approval required for each use, and provides basic standards for site layout and building size. [Source: 17.10.010]

The commercial and mixed-use zones are intended to provide an open and inviting business climate for new and existing businesses, a balanced economic environment, and diverse tax base. The purposes of the individual commercial and mixed-use zones and the way they are applied are as follows: [Source: 17.10.020, modified]

• A. NCMU - Neighborhood Commercial Mixed-Use Zone. The NCMU zone is applied to areas where residents can shop, socialize, or recreate. This zone includes a mix of diverse land uses including residential, commerce, professional office, employment, entertainment, services, and culture located within the same building (vertical mixed use) or on the same parcel (horizontal mixed use). The allowable residential density ranges from eight (8) to sixteen (16) dwelling units per acre. The allowable nonresidential density ranges from 0.25 FAR to 1.5 FAR. The NCMU zone is consistent with the Neighborhood Commercial Mixed Use (NCMU) land use designation in the General Plan. [Source: 17.10.020.A, modified]

• B. CC - Community Commercial Zone. The CC zone is applied to areas appropriate for a range of local- and communityserving retail and service land uses, includ-

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ing restaurants, shops, personal, and business services. The maximum allowable residential density is sixteen (16) dwelling units per acre. The maximum allowable nonresidential density is 0.8 FAR. The maximum FAR for residential mixed-use projects in the CC zone is 1.5 FAR. The CC zone is consistent with the Retail Commercial (RC) and General Business (GB) land use designations in the General Plan. [Source: 17.10.020.B, modified]

• C. TC - Town Center Mixed-Use Zone. The TC zone is intended to provide attractive areas within the Old Town where the community can gather to socialize, shop, recreate, or live. The TC zone includes diverse, compatible land uses that can be developed on the same site, and where desirable, in the same building. Appropriate land uses include retail, high-density residential, public uses, hotels and motels, and offices. The allowable residential density ranges from sixteen (16) to thirty-two (32) dwelling units per acre. The allowable nonresidential density ranges from 0.75 FAR to 2.5 FAR. The TC zone is consistent with the Town Center Mixed Use (TCMU) land use designation in the General Plan. [Source: 17.10.020.C, modified]

• D. TC-AUFO - Town Center Mixed-Use, Active Use Frontage Overlay Zone. The TCAUFO overlay zone is intended to provide attractive areas within the downtown where the community can gather to socialize, shop, recreate, or live. This zone includes diverse, compatible land uses that can be developed on the same site, and where desirable, in the same building. Appropriate land uses include retail, high-density residential, public uses, and hotels and motels. However, the TC-AUFO overlay zone requires that the ground level have uses that are accessible to the general public, generate walk-in pedestrian clientele and

r live. This zone includes diverse, compatible land uses that can be developed on the same site, and where desirable, in the same building. Appropriate land uses include retail, high-density residential, public uses, and hotels and motels. However, the TC-AUFO overlay zone requires that the ground level have uses that are accessible to the general public, generate walk-in pedestrian clientele and

thus contribute to a high level of pedestrian activity, and are engaging to pedestrians walking by. The allowable residential density ranges from sixteen (16) to thirty-two (32) dwelling units per acre. The allowable nonresidential density ranges from 0.75 FAR to 2.5 FAR. The TCAUFO overlay zone is consistent with the Town Center Mixed Use (TCMU) land use designation in the General Plan and the Station Area/Downtown Specific Plan. [Source: 17.10.020.D, modified]

• E. TC-EO - Town Center Mixed-Use, Entertainment Overlay Zone. The TC-EO overlay zone is intended to promote entertainment uses and limit potential incompatibility with residential uses. The TC-EO overlay zone restricts residential uses and serves community and regional retail needs with a focus on entertainment and recreation uses. This includes nightlife venues, various types of theaters, music venues, arcades/game rooms, and restaurants. While these uses are encouraged in this area by restricting housing, it is noted that entertainment uses are allowed throughout the TC-AUFO overlay zone. The allowable nonresidential density ranges from 0.75 FAR to 2.5 FAR. The TC-EO overlay zone is consistent with the Town Center Mixed Use (TCMU) land use designation in the General Plan and implements the Station Area/Downtown Specific Plan. [Source: 17.10.020.E, modified]

• F. SC - Service Commercial Zone. The SC zone is applied to areas suitable for personal, business, and travel-oriented services. Example uses including automobile repair shops, and recreation uses. The SC zone does not allow residential uses. The maximum allowable nonresidential density is 0.8 FAR. The SC zone is consistent with the Service Commercial (SC) land use designation in the General Plan. [Source: 17.10.020.F, modified]

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• G. GC - Gateway Commercial Zone. The GC zone is applied to areas along highways that are visually prominent entryways into the Town. Land uses in the GC zone is intended to serve the region and include retail and tourist-related uses. Given the prominent locations of this zone, development will need to be of particularly high quality in design. The GC zone does not allow residential uses. The maximum allowable nonresidential density is 0.8 FAR. The GC zone is consistent with the Gateway Commercial (GC) land use designation in the General Plan. [Source: 17.10.020.G, modified]

region and include retail and tourist-related uses. Given the prominent locations of this zone, development will need to be of particularly high quality in design. The GC zone does not allow residential uses. The maximum allowable nonresidential density is 0.8 FAR. The GC zone is consistent with the Gateway Commercial (GC) land use designation in the General Plan. [Source: 17.10.020.G, modified]

• H. BMU - Boulevard Mixed-Use Zone. The BMU zone is applied to areas of intensive mixed-use development with extensive pedestrian-oriented frontage on a boulevard street, near transit service and stops, and is intended primarily to serve residents and businesses. A mix of compatible land uses is encouraged within the same building or on the same site, and could include public facilities or plazas, residential, retail, office, and childcare uses. The allowable residential density ranges from sixteen (16) to thirty-two (32) dwelling units per acre. The allowable nonresidential density ranges from 0.5 FAR to 2.0 FAR. The BMU zone is consistent with the Boulevard Mixed Use (BMU) land use designation in the General Plan. [Source: 17.10.020.H, modified]

• I. RC - Regional Commercial Zone. The RC sone is applied in locations where more intensive employment opportunities, shopping, visitor-serving, and institutional uses are mixed to serve Windsor and the surrounding community. This zone prohibits residential uses and provides for a mix of diverse and compatible land uses in the same building or on the same site, and could include public facilities or plazas,

retail, hotel/motel accommodations, conference facilities, health services, and office uses. The maximum allowable nonresidential density is 0.8 FAR. The RC zone is consistent with the Gateway Commercial (GC) land use designation in the General Plan. [Source: 17.10.020.I, modified]

• A. Table 17.12-01 Land Use Regulations—Commercial and Mixed-Use Zones. Table 17.12-01 (Land Use Regulations—Commercial and Mixed-Use Zones) identifies the uses of land allowed within each commercial and mixeduse zone, and the land use permit required to establish each use. [Source: 17.10.030, modified]

• B. Uses Not Listed. Land uses not listed in Table 17.12-01 (Land Use Regulations—Commercial and Mixed-Use Zones) are not allowed, in compliance with Subsection 17.04030.A (Uses Not Listed are Not Allowed), except as otherwise established in Subsection 17.04.030.B (Director's Determination). [Source: 17.06.030A]

• C. Specific Use Regulations. The far-right column in Table 17.12-01 (Land Use Regulations—Commercial and Mixed-Use Zones) indicated additional regulations that apply to the specific use listed. Land use regulations and allowable use provisions in other sections of this Zoning Code may also apply. [Source: 17.10.030, modified]

• D. Zoning Clearance Required. Each land use specified in Table 17.12-01 (Land Use Regulations—Commercial and Mixed-Use Zones) as allowed-by-right "P" shall require the issuance of a Zoning Clearance in compliance with Chapter 17.54 (Zoning Clearance). [Source: Table 2-4: Notes (2), modified]

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• E. Site Plan and Design Review Required. In addition to the permit requirements established in Table 17.12-01 (Land Use Regulations—Commercial and Mixed-Use Zones), Site Plan and Design Review may be required in compliance with Chapter 17.56 (Site Plan and Design Review). [Source: Table 24: Notes (3), modified]

• F. Windsor Station Area/Downtown Specific Plan. Properties within the adopted Windsor Station Area/Downtown Specific Plan area are subject to additional design and develop-

ment standards. Where conflicts arise between the Zoning Code and the Windsor Station Area/Downtown Specific Plan, the Windsor Station Area/Downtown Specific Plan criteria and standards shall apply. [Source: 17.10.030.A, Table 2-5 Notes (6)]

• G. General Plan Consistency. The development and land use provisions established in this chapter shall be in addition to all applicable General Plan goals and policies related to design and development. [Source: NEW]

Table 17.12-01 Land Use Regulations—Commercial and Mixed-Use Zones

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• A. Furniture and Appliance Sales. The sale of the following merchandise is prohibited in the TCAUFO zone:

  1. Electronics;

  2. Home appliances;

  3. Spas and hot tubs; [Source: NEW]

  4. A showroom, as defined in Article 8 (Definitions) may be allowed, subject to Director review and approval. A showroom shall be limited to the display of goods for sale, with limited onsite storage.

• B. Live-Work Unit. The work component of an associated live-work unit shall be allowed within the zone in which the live-work unit is proposed. [Source: Table 2-4 Notes (9), modified]

• C. Mortuary and Funeral Home Uses. The sale of funeral and memorial services and service-

  - related items (i.e., caskets, urns, memorial items) shall be allowed by right. These facilities may include funeral memorial services and/or viewings subject to the approval of a Minor Use Permit, in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). The preparation of bodies and cremation services are prohibited in these facilities. [Source: NEW] 
  

  • D. Residential Uses in Commercial Zones. Residential dwellings may be allowed in commercial zones only when in compliance with the following:

    1. Residential Uses in Commercial and Mixed-Use Zones. Residential dwellings may be allowed in commercial zones only when in compliance with the following:

       • a. On second or higher floors, above nonresidential uses; or

       • b. On the ground floor, when located behind street fronting commercial uses. [Source: Table 2-4 Notes (4), modified]

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2. Middle Class Housing Act of 2022 - Residential Land Uses in Commercial Zones. In compliance with California Government Code Section 65913.4, qualifying residential projects shall be allowed in commercial and office zoning districts.

3. Accessible Residential Units. Ground floor residential units shall be ADA compliant or adaptable. [Source: Table 2-4 Notes (4)]

4. Inconsistency or Interpretation. Where inconsistencies exist between the provisions of this Subsection and State law, the provisions of State law shall control the use and development of the land. (Source: NEW)

• E. Schools in the TC Zone. Schools may be allowed with a Minor Use Permit on ground floor commercial uses. [Source: Table 2-4 Notes (5)]

• F. Mixed-Use Projects. The required commercial component of a mixed-use project may be provided as amenities and services that serve the residents of a multi-unit residential project, when these features are located on the ground floor, front the street, and the design of the building meets the intent of the commercial space to be pedestrian oriented and activate the street frontage. Uses that may be considered include community rooms for use

by project residents, child daycare facilities, leasing offices, gyms, and similar uses as determined by the Director. (Source: NEW)

• A. Table 17.12-02 Development Standards— Commercial and Mixed-Use Zones. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in Table 17.12-02 (Development Standards— Commercial and Mixed-Use Zones). [Source: 17.08.040, modified]

• B. Specific Regulations. The far-right column in Table 17.12-02 (Development Standards— Commercial and Mixed-Use Zones) indicates additional regulations that apply to the specific development feature or zone listed. Development standards in other sections of this Zoning Code may also apply. [Source: NEW]

• C. Other Applicable Regulations. The "Other Applicable Regulations" section of Table 17.12-02 (Development Standards—Commercial and Mixed-Use Zones) indicates the location of additional development standards that apply to the commercial zones. Other regulations in this Zoning Code may also apply. [Source: NEW]

Table 17.12-02 Development Standards—Commercial and Mixed-Use Zones

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• A. Encroachment Into Easements. Regardless of the setback standards established for a given zone, no structure shall encroach on any recorded easement. [Source: NEW]

• B. Parcel Area for Condominium Subdivisions. The review authority may allow smaller parcels in condominium type subdivisions provided that the common ownership parcel complies with the minimum requirements. [Source: Table 2-5 Notes (1)]

• C. BMU and RC Zones Maximum Front Setback. The maximum front setback in the BMU and RC zone shall be five (5) feet, with up to twenty (20) percent of the facade setback ten (10) feet. [Source: Table 2-5 (Front-Maximum)] In order to accommodate a stoop, common stoop, or terrace frontage type, the Review Authority may increase the front setback in the BMU zone to a maximum of twelve (12) feet.

• D. Block Perimeter. In the TC, TC-AUFO, TCEO, BCMU, and RC zones, the maximum block perimeter may be increased to a maximum of two thousand (2,000) for blocks with structured parking. [Source: Table 2-5]

• E. First Floor Height. In the BCMU and RC zones, the first-floor facade must be a minimum of twelve (12) feet in height. [Table 2-5 Notes (5**)]

• F. Frontage Type. The recommended frontage type for ground floor residences are stoop, common stoop, and terrace. ADA units and adaptable units may use other frontage types. When a different frontage type is used, it should be elevated from the sidewalk to provide privacy and be covered. [CPTED]

• G. Entries. Entries to upper floor residential units that face a public street or public driveway shall be framed by an entry that is covered and:

  1. Provide a direct connection to the street or driveway.

  2. Be oriented parallel to the street or driveway.

  3. Include architectural details, such as columns, a recess, or other feature that delineates the entry.

• A. Structure height shall be limited to a maximum of two (2) stories for all structures located within one hundred fifty (150) feet of the Old Redwood Highway/Shiloh Road intersection in the BCMU zone; structures shall be a maximum height of three (3) stories from one hundred fifty (150) to three hundred (300) feet from the Old Redwood Highway/Shiloh Road intersection in the BCMU zone. [Source: Table 2-5 Notes (6**), modified]

• B. Maximum space between door openings on ground level shall be thirty-five (35) feet. The Review Authority may increase the maximum distance between door openings when the project demonstrates that the increased door spacing complies with CPTED principles and is pedestrian oriented. [Source: Table 2-5 Notes (4**,b), modified]

• C. The commercial first floor facade must be a minimum of twelve (12) feet in height. Glazing shall be a minimum of ten (10) feet in height on the first floor facade. [Source: Table 2-5 Notes (4**,c), modified]

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