Chapter 17.40

• a. The sign is illegally placed upon the public right-of-way or upon other public property; or [Source: 17.32.130.C.1.a, modified]

• b. The sign poses an immediate safety threat to the life or health of any members of the public. [Source: 17.32.130.C.1.b, modified]

Standards for Specific Land Uses

This chapter provides site planning and development standards for land uses that are allowed by Article 2 (Zones, Allowable Uses, and Development Standards) in individual or multiple zones,

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and for activities that require special standards to ensure their compatibility with adjacent land uses and avoid problems for the community. [Source: 17.34.010]

• A. Purpose. The intent of this section is to prevent community-wide economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods, which can be brought about by the concentration of adult business establishments in close proximity to incompatible uses such as schools for youth minors, churches, and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that adult business establishments can cause an increase in the number of transients in the area, and an increase in crime and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this section to establish reasonable and uniform regulations to prevent the close proximity of adult business establishments to incompatible uses, while permitting the location of adult business establishments in certain areas. [Source: 17.34.030.A]

• B. Applicability. Adult business establishments are allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) and the following Standards: [Source: 17.34.030.B]

• C. Separation Requirements. An adult entertainment business shall not be established within three hundred (300) feet of another similar establishment or within five hundred (500) feet of any of the following:

  1. Any residential zone;

  2. Residential use;

  3. Place of assembly uses (e.g., church, chapel, place of worship, meeting halls for clubs and other membership organizations, banquet halls, community centers);

  4. Retirement or convalescent home or hospital;

  5. School or day care establishment, or public or private park or playground; and/or

  6. Recreational facility, (e.g., game arcade, bowling alley, skateboard rink, skating rink, etc.), or similar area where minors regularly congregate; Town Hall, Town offices, libraries or other governmental facilities. [Source: 17.34.030.C.1—6]

• D. Measurement of Distances. Distances shall be measured in a straight line, without regard for intervening structures, from the nearest property line for which the adult business is proposed to be located to the nearest property line of a use or district listed above. [Source: 17.34.030.D]

• E. Development Standards. Adult entertainment businesses shall comply with the following development standards. [Source: 17.34.030.E]

  1. Screening. New or existing structures intended to accommodate adult business establishments shall be designed so that windows and entries are oriented to prevent the interior of the premises from being visible to the public; however, screening or barriers to windows and entries are not allowed, to facilitate crime prevention by law enforcement agencies. [Source: 17.34.030.E.1]

2. Signs, Advertisements, and Displays. Signs, advertisements, displays or other promotional materials depicting or describing "specified anatomical areas", "specified sexual activities" or displaying instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be visible from areas open to the general public. [Source: 17.34.030.E.2]

   3. Facilities for Live Entertainment. The following standards shall apply to adult en-

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tertainment businesses that provide live entertainment depicting "specified anatomical areas" or involving "specified sexual activities": [Source: 17.34.030.E.3]

• a. There shall be no live entertainment performances, for patrons of an adult entertainment business, except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons. Patrons shall not be allowed within six (6) feet of the stage while the stage is occupied by an entertainer/ performer; [Source: 17.34.030.E.3.a]

• b. The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and [Source: 17.34.030.E.3.b]

• c. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons and prevents any physical contact between the entertainers and patrons. [Source: 17.34.030.E.3.c]

4. Arcade Viewing Area. Adult entertainment businesses with an arcade viewing area(s) shall comply with the following standards:

   • a. It is unlawful to maintain, operate, or manage or permit to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this subsection, "viewing area" means the area where a patron or cus-

tomer would ordinarily be positioned while viewing a film, performance, picture, or show. [Source: 17.34.030.E.4.a]

  - b. It is unlawful for more than one (1) person at a time to occupy any individually partitioned viewing area or booth. [Source: 17.34.030.E.4.b] 

  - c. It is unlawful to create, maintain, or permit to be maintained any holes or other openings between any two (2) booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area. [Source: 17.34.030.E.4.c] 

• F. Operational Requirements. Adult entertainment businesses shall comply with the following operational requirements:

  1. Employees Required. It shall be the duty of the owners to ensure that at least one (1) employee in addition to any performers is on duty at all times when any patron is present inside the premises. [Source: 17.34.030.F.1]

2. Hours of Operation. The adult business establishment shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m. [Source: 17.34.030.F.2]

   3. Security Program. A security program shall be prepared and submitted for the approval of the Chief of Police. The security program shall be subject to change based on problem activity as identified by the Chief of Police. [Source: 17.34.030.F.3]

• G. Judicial Review. The judicial review of any permit issued or denied in compliance with this section shall be subject to expedited judicial review in accordance with the time limits set forth in Code of Civil Procedure Sections 1094.8 et seq. [Source: 17.34.030.G]

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• A. Purpose and Intent. The provisions of this section are intended to minimize potential adverse effects on adjoining property, the neighborhood, and persons in the vicinity from the improper management of animals. Potential adverse effects include, but are not limited to, the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion, and sedimentation. [Source: 17.34.040]

• B. Applicability. Animal keeping activities, as specified in this Zoning Code and Section, shall only be allowed as an accessory use to an

existing or proposed residential use, where allowed in Article 2 (Zones, Allowable Uses, and Development Standards) [Source: NEW]

• C. Nonconforming Uses. Any legally established noncommercial animal keeping use that became nonconforming upon adoption of this Zoning Code may continue in compliance with Chapter 17.70 (Nonconformities). [Source: 17.34.040.A]

• D. Site and Animal Density Requirements. All animal keeping shall comply with the standards established in Table 17.40-01 (Animal Keeping Standards). [Source: 17.34.040.B]

Table 17.40-01 Animal Keeping Standards

Notes

(1) Offspring are allowed in addition to the maximum number until weaned. The keeping of multiple species (for example, horses and poultry) is allowed, provided that the total number shall not exceed four (4) large animals (horses, cows, goats, etc.), and ten (10) small animals (rabbits, poultry, etc.).

• (2) Minimum lot area required for the keeping of animals.

• (3) Minimum setbacks from all property lines for areas and structures where animals are housed. Animals shall not be kept in a required front yard setback.

• ---

• E. Maintenance and Operational Standards. Animal keeping shall comply with the following maintenance and operational standards.

disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner. [Source: 17.34.040.C.1]

1. Odor and Vector Control. All animal enclosures, pens, coops, cages, and feed areas shall be maintained free from litter, garbage, and the accumulation of manure, to discourage the proliferation of flies, other

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2. Erosion and Sedimentation Control. In no case shall animal keeping be managed or maintained to produce sedimentation on any public road, adjoining property, or in any drainage channel. If sedimentation

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occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement in compliance with Chapter 17.76 (Enforcement). [Source: 17.34.040.C.2]

3. Waterway Protection. The keeping of horses or cattle within fifty (50) feet of any waterway shall first require Director approval of a good housekeeping plan to protect the waterway from the polluting effects of runoff from the animal keeping area. [Source: 17.34.040.C.3]

• F. Animal Husbandry Project Exception. The keeping or raising of a calf, horse, goat, sheep, hog, chickens, rabbits, birds, or other animals as a 4-H or Future Farmers of America (FFA) project is not subject to the requirements of this section, provided that:

  1. A minimum of one (1) acre of site area shall be required for each large animal and swine;

  2. The project animals shall be confined in a pen or fenced area that is located no closer than twenty-five (25) feet to any residential use other than that on the project site;

  3. Hogs shall not be located closer than one hundred (100) feet from any dwelling other than those on the project site; and

  4. The animal keeping shall comply with the maintenance and operational standards in Subsection E (Maintenance and Operational Standards), above. [Source: 17.34.040.D.1-5]

  5. Zoning Clearance. In compliance with Chapter 17.54 (Zoning Clearance), a Zoning Clearance is required to demonstrate that the keeping of animals for 4-H or FFA purposes complies with the requirements of this section. A Zoning Clearance shall be obtained annually for the duration of the 4-H or FAA activity on the parcel. [Source: NEW]

Automated teller machines (ATM) shall be located and operate as follows:

• A. Location. ATMs may be attached to a structure or be freestanding. Whenever ATMs are provided on the exterior of a structure, they shall be located on that portion of the structure most visible from a public right-of-way; [Source: 17.34.040.A]

• B. Drive-Up Aisles and Queuing Lanes. Vehicle drive-up aisles for ATMs shall comply with the requirements of Section 17.40.100 (Drive-in and Drive-through Facility); and [Source: 17.34.040.B]

• C. Security. Security lighting shall be provided at each ATM in compliance with the light and glare standards established in Section 17.32.050 (Light and Glare). The light source shall be shielded so that glare and reflections are confined within the boundaries of the site. [Source: 17.34.040.C, modified]

• A. Exterior Appearance. The exterior appearance of the structure housing the bed and breakfast inn (B&B) in a residential zone shall not be altered from its original residential character except for allowed signs and any structural modifications necessary to comply with Title 24 of the California Code of Regulations. [Source: 17.34.060.A]

• B. Limitations on Guest Rooms. The B&B shall be limited to five (5) guest rooms. [Source: 17.34.060.B]

• C. Limitation on Services Provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. A B&B

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within a residential zone shall not be used for receptions, private parties, or similar activities. [Source: 17.34.060.C]

• D. Off-Street Parking. Parking shall comply with the parking standards established in Chapter 17.30 (Parking, Loading, and Access). [Source: 17.34.060.D, modified]

• E. On-Site Management. A manager shall be present on the site at all times when guests are present. [Source: 17.34.060.E]

• F. Signs. Signs shall comply with the sign standards established in Chapter 17.36 (Sign Regulations). [Source: 17.34.060.F, modified]

• A. Purpose. The purpose of this section is to provide benefits for bees and their keepers and to reduce potential conflict between the public, honeybees, and their keepers. [Source: NEW]

• B. Applicability. Beekeeping activities, as specified in this Zoning Code and section, shall only be allowed as an accessory use to an existing or proposed residential use, where allowed by Article 2 (Zones, Allowable Uses, and Development Standards). Hives may be allowed on other residentially zoned property in compliance with the requirements of this section with Director approval. Considerations for allowing beekeeping subject to Director approval include: [Source: NEW]

  1. Type of development on the property (single unit dwelling or multi-unit dwellings); and

  2. Ability to comply with the Sonoma County Beekeepers' Association's Recommended Best Practices for Sustainable Beekeeping.

• C. Zoning Clearance Required. A Zoning Clearance is required prior to locating a hive on a parcel. [Source: NEW]

• D. Best Management Practices. Beekeeping operations shall comply with the Sonoma County Beekeepers' Association's (SCBA) Recommended Best Practices for Sustainable Beekeeping dated October 10, 2016, as may be amended, which address the following: [Source: NEW]

  1. Location and placement of hives;

  2. Hive density;

  3. Hive management;

  4. Hive maintenance;

  5. Colony temperament;

  6. Swarming/honey bee removal and relocation; and

  7. Disease control.

• E. Hive Location: Hives shall be setback a minimum of five (5) feet from interior side and rear property lines, ten (10) feet from a street side property line, and shall not be located within the required maximum front yard setback. Screening, foliage, shrubs, trees, fencing, and other barriers shall be located as necessary to redirect any bee flight path to minimize human and animal contact. Screening shall be of sufficient density and length to establish bee flyways above head height (a minimum of six (6) feet) in all directions. [Source: NEW]

• F. Other Requirements. Prior to locating any hive on a property as allowed in Article 2 (Zones, Land Uses, and Development Standards) and in compliance with the requirements of this section, it is recommended that the owner of the hive(s) review any conditions, covenants, and restrictions (CC&Rs) to determine whether beehives are allowed on the property and the homeowner's association be consulted, for properties that are subject to CC&Rs or a homeowners' association. [Source: NEW]

• A. Applicability. Child day care facilities shall comply with the following standards, where

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allowed by Article 2 (Zones, Allowable Uses, and Development Standards). These standards apply in addition to the other provisions of this Zoning Code and requirements imposed by the California Department of Social Services. Licensing by the Department of Social Services is required for all facilities. [Source: 17.34.070]

• B. Facility Standards. Child day care facilities shall comply with the following development and operational standards:

  1. A six-foot-high solid decorative fence or wall shall be constructed on all property lines, except in the front yard or within a traffic safety visibility area in Section 17.20.050 (Traffic Safety Visibility Area). Fences or walls shall provide for safety with controlled points of entry. Fences and walls shall be provided in combination with landscape materials to help mitigate the appearance of long, flat walls. [Source: 17.34.070.C.1]

  2. The minimum parcel size for a child day care facility shall be ten thousand (10,000) square feet. [Source: 17.34.070.C.2]

  3. Off-street parking shall be provided in compliance with Chapter 17.30 (Parking, Loading, and Access). [Source: 17.34.070.C.3, modified]

  4. Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area. [Source: 17.34.070.C.4]

  5. Potential noise sources shall be identified during the entitlement process, and noise attenuation and sound dampening shall be addressed. [Source: 17.34.070.C.5]

  6. The minimum separation between the main assembly building of the center and a residential zone shall be thirty (30) feet. [Source: 17.34.070.C.6]

7. The facility shall be provided with both indoor and outdoor play areas in compliance with State requirements. [Source: 17.34.070.C.7]

• A. Hours of Operation. Convenience stores shall only be open for operation from 7:00 a.m. to 9:00 p.m., daily, unless the convenience store is ancillary to another use on the parcel. When the convenience store is ancillary to another use on the parcel the same or more restrictive hours as the primary hours shall apply. [Source: NEW]

• B. Floor Area. No more than fifty (50) percent of floor area shall be for the sale of alcohol and tobacco products and paraphernalia. [Source: NEW]

• C. Parking. Off-street parking shall be provided in compliance with Chapter 17.30 (Parking, Loading, and Access), and easily accessible. [Source: NEW]

• D. Trash and Recycling. Trash and recycling receptacles shall be provided for patrons near the front door, outside of any public right-ofway. [Source: NEW]

• E. Security and Crime Prevention. Convenience stores shall have drop safes, closed circuit television (CCTV) or equivalent with retrievable electronic data kept in operation and maintained, and signage that discloses no more than one hundred dollars ($100.00) is kept on the premises after 9:00 p.m. [Source: NEW]

• A. Purpose. The purpose of this section is to preserve the unique character of the Town, ensure compatibility with uses adjacent to drive-through and drive-in sales and services facilities, and to address potential air pollu-

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tion, greenhouse gas emission, light and glare, and noise impacts resulting from new drivethrough and drive-in uses.

• B. General Standards. Drive-in and drive-through facilities shall be designed and operated to mitigate problems of congestion, idling, excessive pavement, litter, and noise. [Source: 17.34.080.A, modified]

• C. Permit Requirements. All drive-through and drive-in uses require a Conditional Use Permit where allowed in Article 2 (Zones, Allowable Uses, and Development Standards). [Source: NEW]

• D. Town Council Review. Town Council review of all applications for new drive-through or drive-in uses is required at a noticed public meeting. An application for Town Council concept review shall be submitted prior to a formal application. The concept review application shall include a site plan, elevations, and other information deemed necessary by the Director. Town Council has the discretion to deny the use, support the use subject to submittal of a formal application, environmental review, and compliance with all applicable requirements. Town Council shall also determine whether the formal application is subject to review and decision by the Town Council or Commission. [Source: NEW]

• E. On-Site Circulation Standards. Parcels with drive-through facilities shall be provided with internal circulation and traffic control devices as follows: [Source: 17.34.080.B]

  1. Aisle Design. Drive-in and drive-through aisles shall comply with the following:

     • a. The entrance/exit of any drive-through aisle shall be at least fifty (50) feet from an intersection of public rightsof-way (measured at the closest intersecting curbs) and at least twenty-five

     • (25) feet from the edge of any driveway on an adjoining parcel. [Source: 17.34.080.B.1.a]

  • b. Drive-through aisles shall be designed with a minimum ten-foot interior radius at curves and a minimum ten-foot width. [Source: 17.34.080.B.1.b]

2. Stacking Area. A clearly identified area shall be provided for vehicles waiting for drive-through service that is physically separated from other on-site traffic circulation. [Source: 17.34.080.B.2]

   • a. The stacking area shall accommodate a minimum of five (5) cars for each drive-through window in addition to the vehicle(s) receiving service. Additional stacking may be required for drive-through or drive-in uses known to generate more stacking than required by this section. A queuing study may be required at the discretion of the Director. [Source: 17.34.080.B.2.a, modified]

   • b. The stacking area shall be located at and before the menu board, teller window, pharmacy window, etc. [Source: 17.34.080.B.2.b, modified]

• c. Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one (1) side of the lane. [Source: 17.34.080.B.2.c]

  • d. Stacking areas parallel to streets or public rights-of-way are prohibited unless no other configuration is feasible and requires approval of the Review Authority. [Source: 17.34.080.B.2.d]

  • e. Queuing shall not extend over a public sidewalk or into the right-of-way.

  • f. Double drive-through lanes are prohibited.

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  - g. Walkways. Pedestrian walkways should not intersect the drive-through aisles, but where they do, they shall have clear visibility and shall be emphasized by enhanced paving and be approved by the applicable Review Authority. [Source: 17.34.080.B.3] 

• F. Screening. An opaque screen consisting of plant material and a solid masonry wall, a minimum of six (6) feet in height, shall be constructed on each property line that is adjoining a residentially mixed-use zoned or a parcel occupied by a residential use. The design of the wall and the proposed construction materials shall be subject to the approval of the Review Authority. [Source: 17.34.080.C, modified]

• G. Signs. In addition to the standards established in Chapter 17.36 (Sign Regulations), drive-in and drive-through uses shall comply with the following sign standards.

  1. Directional Signs. Each entrance to, and exit from, any drive aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings or raised curbs. [Source: 17.34.080.D.1]

  2. Menu boards. Menu boards shall comply with the following standards:

     • a. Shall not exceed twenty-four (24) square feet in area, with a maximum height of six (6) feet, shall face away from public rights-of-way, and shall be screened from view from the public right-of-way.

     • b. Outdoor speakers shall be located at least fifty (50) feet from any residentially zoned/occupied parcel. [Source: 17.34.080.D.2]

     • c. Speakers and digital menu screens imbedded in the menu board shall count towards the total allowable sign area. [Source: NEW]

• A. Purpose. The purpose of this section is to establish standards for emergency shelters in to comply with requirements of State law under California Government Code Section 65583. [Source: 17.21.010]

• B. Applicability. In addition to the development standards in the underlying zone, all emergency shelters shall comply with the standards established in this section. [Source: 17.21.030, modified]

• C. Location of Emergency Shelters. Emergency shelters shall be allowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). In addition, emergency shelters shall not be located within three hundred (300) feet of any other existing emergency shelter facility. [Source: 17.21.020, modified]

• D. Conflict in Standards. In the event of a conflict between the standards established in this section and the underlying zone standards, the standards in this section shall apply. [Source: 17.21.030, modified]

• E. Standards. Emergency shelters shall comply with the following operational and design standards. [Source: 17.21.030]

  1. Facility Compliance with Applicable State and Local Standards and Requirements. Emergency shelters shall comply with federal, State, and local licensing, as required, for any program incidental to the emergency shelter. [Source: 17.21.030.A]

  2. Physical Characteristics. Emergency shelters shall comply with the following physical characteristics standards:

     • a. Compliance with applicable State and local housing and Building Code requirements;

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• b. Facility shall have on-site security during all hours when the shelter is open;

• c. Facility shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Light shall reflect away from residential areas and public streets;

• d. Facility shall provide secure areas for personal property; and

• e. If the emergency shelter is proposed in conjunction with a place of assembly use, the area utilized for emergency shelter facilities may not exceed fifty (50) percent of the total floor area used for the place of assembly use. [Source: 17.21.030.B.1-5]

3. Limited Number of Beds Per Facility. Emergency shelters accessory to a place of assembly use shall not exceed twenty (20) beds. Other emergency shelters located in the commercial or industrial zones shall not exceed forty (40) beds. [Source: 17.21.030.C, modified]

4. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six (6) months in a consecutive twelve-month period. [Source: 17.21.030.D, modified]

5. Parking. Parking shall be provided in compliance with Chapter 17.30 (Parking, Loading, and Access). [Source: 17.21.030.E, modified]

6. Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, good services, evidence of the required permits and licensing for all services and programs associated with the emergency shelter. The plan shall be submitted to and approved by the Director prior to operation of the

• emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards of this section. The operator of each emergency shelter shall annually submit the management plan to the Director with updated information for review and approval. [Source: 17.21.030.F]

• A. Intended Use. Guest houses and pool houses shall not be rented or otherwise used as separate dwelling units. A guest house is intended to provide temporary living quarters for shortterm, temporary use by guests of the occupants of the premises. A pool house is intended to provide changing and restroom facilities in conjunction with a swimming pool, spa, hot tub, or other similar facilities on site. [Source: 17.34.090.A, modified]

• B. Deed Restriction. A deed restriction shall be filed with the Sonoma County Recorder prior to issuance of a Building Permit, which restricts the use of the guest house or pool house for temporary accommodation only, prohibits use as a short-term rental, and limits the improvements to those allowed by this Zoning Code. [Source: 17.34.090.B]

• C. Development and Use Standards. Guest houses and pool houses shall comply with the following development and use standards:

  1. Only one (1) guest house or pool house is allowed on a single parcel. Both structures may be allowed on a single parcel with Minor Use Permit approval in Surrounding Residential, Village Residential, Medium Density Residential, and High Density Residential, in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). [Source: 17.34.090.B.1]

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2. Rural Residential and Estate Residential Zoning Districts, and Surrounding Residential. On parcels zoned Rural Residential, Estate Residential, and Surrounding Residential and that exceed ten thousand (10,000) square feet in size, one (1) guest house and one (1) pool house are allowed on a single parcel when in compliance with the requirements of this section. [Source: NEW]

3. The total parcel coverage including a guest house, the main dwelling, and other accessory structures, shall not exceed the maximum allowable parcel coverage for the applicable zone. [Source: 17.34.090.B.2]

4. A guest house or pool house shall not exceed eight hundred forty (840) square feet. Square footage is measured from the exterior walls at the building envelope, excluding any garage area or unenclosed covered porch areas. All floor area within the building envelope shall be identified and square footage for each area provided. For the purposes of measurement all attached and/or interior storage areas, mezzanines, lofts, attics (except those less than seven (7) feet in height accessed by a crawlspace and/or other code compliant access), and similar uses shall be counted in the total square footage. [Source: 17.34.090.B.3]

5. Architectural Compatibility. Guest houses and pool houses shall have similar architecture as the primary structure including exterior colors and siding, roof materials and pitch, windows, doors, etc. Modifications to this requirement may be allowed with administrative site plan and design review.

6. A guest house or pool house shall not contain kitchen and/or cooking facilities. A wet bar is allowed, with a maximum sink size of twelve (12) inches by twelve (12) inches, unless otherwise approved by the Director. [Source: 17.34.090.B.5]

7. The height of a guest house or pool house shall not exceed fifteen (15) feet, except where a greater height is authorized through Minor Use Permit approval, in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). [Source: 17.34.090.B.6, modified]

8. The setbacks for a guest house or pool house shall comply with the setback requirements for Residential Accessory Structures established in Section 17.40.230. [Source: NEW]

• A. Permit Requirement. A Zoning Clearance shall be obtained in compliance with Chapter 17.54 (Zoning Clearance) to establish a home occupation. The applicant shall sign a statement certifying agreement and compliance with the operating standards identified in Subsection B, below before issuance of the Zoning Clearance. Additional permits from other agencies and Town and/or County departments may be required to establish a home occupation (e.g., Sonoma County Environmental Health and Safety Department, Department of Alcoholic Beverage Control, etc.). [Source: 17.34.100, modified]

• B. Operating Standards. Home occupations shall comply with the following operation standards:

  1. The home occupation shall be clearly secondary to the full-time residential use of the property.

  2. The home occupation shall be located within the residential dwelling, except that the garage may be used as part of the home occupation, including storage, provided that the required number of covered parking spaces for the residential use is in compliance with Chapter 17.30 (Parking, Loading, and Access) [Source: 17.34.100.B.1]

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odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances. [Source: 17.34.100.B.7]

3. Residential accessory structures may be used to house a home occupation, provided the home occupation obtains a Home Occupation Permit and complies with the standards established by this section. [Source: NEW]

   10. The home occupation shall be limited to eight (8) customers and two (2) deliveries each day. [Source: 17.34.100.B.8]

4. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from any adjoining public rights-ofway or from neighboring parcels. [Source: 17.34.100.B.2]

   11. Only persons residing on the property may be employed within the home occupation. [Source: 17.34.100.B.9]
   • C. More than One (1) Home Occupation. More than one (1) home occupation may be allowed when the combined activities of the home occupations comply with the operational characteristics in this section. More than two (2) home occupations on a single parcel are also subject to Director review and approval. [Source: NEW]

5. The use shall not display advertising signs, merchandise, or stock in trade, other than a single-unit residential dwelling name plate in compliance with Chapter 17.36 (Sign Regulations). [Source: 17.34.100.B.3]

   • D. Cottage Food Operations. Cottage food operations allowed by Sonoma County Environmental Health require a Home Occupation Permit and shall comply with the requirements of this section.

6. The use shall be confined to not more than twenty-five (25) percent of the floor area of the main dwelling nor more than four hundred (400) square feet of floor area, whichever is greater. Home occupation activities and storage shall not occur out-ofdoors or within a required parking area. [Source: 17.34.100.B.4]

• E. Home Occupations Requiring Minor Use Permit. The following are activities that may not comply with the operating standards in Subsection B. above, but may be allowed with Minor Use Permit approval, in compliance with Chapter 17.58 (Conditional Use permit and Minor Use Permit). [Source: 17.34.100.C]

7. Only one (1) vehicle with a capacity not exceeding one (1) ton may be used by the resident directly or indirectly in connection with a home occupation. Trailers and recreational vehicles are prohibited as part of a home occupation. [Source: 17.34.100.B.5, modified]

   1. A use exceeding four hundred (400) square feet or twenty-five (25) percent of the floor area of the main dwelling, whichever is greater. In no case shall the home occupation, including storage areas and accessory structures, exceed either one thousand (1,000) square feet or forty (40) percent of the floor area of the main dwelling. [Source: 17.34.100.C.1]

8. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or explosive, flammable, or hazardous materials. [Source: 17.34.100.B.6]

     2. A use employing no more than one (1) person living off-site and working at the home occupation located in the dwelling. [Source: 17.34.100.C.2] 
   

   9. The use shall not create dust, electrical interference, fumes, gas, glare, light, noise,

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3. Hand woodworking or machine work. [Source: 17.34.100.C.4]

4. More than one (1) home occupation in a single dwelling unit that exceeds the operational requirements of this section. [Source: 17.34.100.C.5]

5. Uses generating up to two (2) customer visits at a time or more than two (2) deliveries each day. In no case shall customer or delivery traffic exceed more than ten (10) trips each day. [Source: 17.34.100.C.6]

Uses, and Development Standards), subject to the following additional limitations: [Source: NEW]

1. Prohibited Uses. A live/work use shall not be established or used in conjunction with any of the following uses:

   • a. Adult entertainment business;

   • b. Industrial, hazardous;

   • c. Industrial, major;

   • d. Personal service, restricted;

• A. Purpose. The purpose of this section is to provide location, development, and performance standards for live/work units in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). [Source: NEW]

• B. Intent. Live/work units are intended to be occupied by business operators who live in the same structure where the commercial activity occurs. A live/work unit is intended to function predominantly as living space with incidental accommodations for work-related activities that are beyond the scope of a home occupation. [Source: NEW]

• C. Applicability. The standards in this section shall apply as follows:

  1. The provisions in this section shall regulate the conversion and new construction of live/work uses, where allowed by the underlying zone. [Source: NEW]

  2. Except as specifically provided in this section, live/work units shall comply with the regulations of Article 2 (Zones, Allowable Uses, and Development Standards). [Source: NEW]

• D. Limitations on Use. The nonresidential component of a live/work unit shall be a use otherwise allowed within the applicable base zone as established in Article 2 (Zones, Allowable

  - e. Retail Sales, restricted; and 
  
  - f. Vehicle repair and service (minor and major). [Source: NEW] 
  

  2. Director's Determination. In addition to the prohibited uses established in Subsection D.1, above, the Director may prohibit any use that is determined to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes. [Source: NEW]

• E. Design and Development Standards. Live/ work units shall comply with the following design and development standards:

  1. Density and Floor Area Ratio. Live/work units shall comply with the density range and/or floor area ratio requirements of the applicable zone and underlying General Plan and use designation. [Source: NEW]

  2. Minimum Facilities. Each live/work unit shall have adequate kitchen facilities (sink, stove, and refrigerator hook-ups) and bathroom facilities (shower or bathtub, sink,

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and toilet). At a minimum, an efficiency kitchen shall be provided. [Source: NEW]

7. Structure Setbacks. Live/work units shall comply with the setback standards established by the underlying zone. [Source: NEW]

8. Unit Size Requirements. The minimum gross total square footage of a live/work unit shall be eight hundred (800) square feet. No more than thirty (30) percent of the net floor area of the unit shall be reserved for the work component of the live/work unit. In no case shall the work component of a live/work unit exceed four hundred (400) square feet or be less than two hundred (200) square feet. All floor area other than that reserved for the work component shall be reserved exclusively for and used for living space. [Source: NEW]

an thirty (30) percent of the net floor area of the unit shall be reserved for the work component of the live/work unit. In no case shall the work component of a live/work unit exceed four hundred (400) square feet or be less than two hundred (200) square feet. All floor area other than that reserved for the work component shall be reserved exclusively for and used for living space. [Source: NEW]

  8. The workspace component of a live/work unit shall be located on the ground floor and oriented to the street. [Source: NEW] 

• F. Operational Standards. Live/work units shall comply with the following operations standards: [Source: NEW]

  1. Occupancy and Employees. Live/work units shall comply with the following occupancy and employee standards: [Source: NEW]

     • a. Occupancy. A live/work unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one (1) member shall be the business operator. [Source: NEW]

4. Floor Plan and Integration. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated (or occupied and/or rented separately) from the work component, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section and Zoning Code, and living and working space may be separated by interior courtyards or other similar private spaces. [Source: NEW]

   • b. Nonresident Employees. No more than one (1) employee, other than the resident(s) of the unit, shall be employed in a live/work unit at any given time. The employment of two (2) or more persons who do not reside in the live/ work unit may be allowed subject to the approval of a Minor Use Permit, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. [Source: NEW]

5. Separation and Access. Each live/work unit shall be separated from other live/work units and other uses in the structure. Access to each live/work unit shall be provided from common access areas, corridors, halls, and/or the public street sidewalk; and the access to each unit shall be clearly separate from other live/work units or other uses within the structure. [Source: NEW]

   2. Sale or Rental of Portions of Live/Work Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for any person not living in the unit or as a residential space for any person not working in the same unit. [Source: NEW]

6. Structure Height. Live/work units shall comply with the height standard established by the underlying zone. [Source: NEW]

7. Business License. The operator of the business shall have a valid Business License. [Source: NEW]

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4. Business Activity. In compliance with Chapter 17.32 (Performance Standards), none of the uses allowed in a live/work unit shall be operated in an objectionable manner, due to fumes, odor, dust, smoke, gas, noise or vibrations that are or may be detrimental to properties and occupants in the neighborhood, and/or to any other uses and occupants on the same property. [Source: NEW]

5. License Required. An owner or occupant must operate a properly licensed business from said unit and comply with all standards established in this section. [Source: NEW]

• A. Maximum Density. When residential dwelling units are combined with office or retail commercial uses in a single structure or on the same parcel, the maximum density shall be within the density range and floor area ratio allowed for the parcel, plus any density bonus units approved in compliance with Chapter 17.80 (Affordable Housing Requirements and Incentives). [Source: 17.34.110.A]

• B. Location of Units. Residential units shall be located in compliance with Chapter 17.10 (Residential Zones) and Chapter 17.12 (Commercial and Mixed-Use Zones). [Source: NEW]

• C. Access and Parking. The number of parking spaces shall comply with the requirements of Chapter 17.30 (Parking, Loading, and Access). Residential parking and commercial parking may be located in the same location or facility. Shared parking may be allowed in compliance with Chapter 17.30 (Parking, Loading, and Access). [Source: 17.34.110.C]

• D. Loading and Refuse Areas. Commercial loading areas and refuse storage facilities shall be located away from residential units and shall be completely screened from view from the

  • residential portion of the project. Where appropriate, the Director may allow the shared use of refuse storage facilities. [Source: 17.34.110.D]

• E. Lighting. In addition to Section 17.32.050 (Light and Glare), lighting for commercial uses shall be appropriately shielded so as not to spill over into other residential area or impact the residential units in any way. [Source: 17.34.110.E]

• F. Sound Mitigation. All residential units shall be designed to be sound attenuated against present and future project noise. New projects, additions to existing projects, or new nonresidential uses in existing projects shall provide an acoustical analysis report, prepared by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards. [Source: 17.34.110.F]

• G. Joint Owners' Association. A joint owner's association shall be formed where there is more than one (1) property owner and shared interest in maintaining common facilities related to lighting, signage, landscaping, shared parking, etc. The association shall be formed of equal voting rights according to type of use (i.e., residential, commercial, office). The association bylaws shall be subject to review by the Town Attorney and approval by the Director. [Source: 17.34.110.G]

• H. Design Considerations. In addition to complying with the development standards established by the underlying base zone in Article 2 (Zones, Allowable Uses, and Development Standards), mixed-use projects shall demonstrate compatibility between the different uses. The proper mix of residential and nonresidential uses on the same site shall consider the effects of potential noise, odors, glare, and pedestrian traffic. Also, the design of the mixeduse project shall take the land use of adjacent properties into consideration.

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• I. The design of a mixed-use project shall ensure that the residential units are of a residential character. The design of the project shall ensure that privacy between residential units and between other uses on the site are maximized. [Source: 17.34.110.H]

• A. Hours of Operation. Neighborhood markets shall only be open for operation from 7:00 a.m. to 9:00 p.m., daily. [Source: 17.34.130.A.1, modified]

• B. Floor Area. The minimum parcel area for a neighborhood market shall be six thousand (6,000) square feet and no more than fifty (50) percent of floor area shall be for the sale of alcohol and tobacco products and paraphernalia. [Source: 17.34.130.B]

• C. Parking. Off-street parking shall be provided in compliance with Chapter 17.30 (Parking, Loading, and Access), and easily accessible. [Source: 17.34.130.C]

• D. Trash and Recycling. Trash and recycling receptacles shall be provided for patrons near the front door, outside of any public right-ofway. [Source: 17.34.130.D]

• E. Security and Crime Prevention. Neighborhood markets shall have drop safes, closed circuit television (CCTV) or equivalent with retrievable electronic data kept in operation and maintained, and signage that discloses no more than one hundred dollars ($100.00) is kept on the premises after 9:00 p.m. [Source: 17.34.130.E]

• A. Applicability. The provisions of this section apply to temporary and permanent facilities for outdoor display and sales (e.g., garden nurseries, lumber yards, and similar uses where merchandise is displayed for sale). [Source: 17.34.140.A]

• B. Temporary Outdoor Displays and Sales. See Chapter 17.60 (Temporary Use Permit). [Source: 17.34.140.B]

• C. Permanent Outdoor Displays and Sales. The permanent outdoor display and sale of merchandise (e.g., garden centers, nurseries, lumber yards, etc.) is allowed subject to the following standards: [Source: 17.34.140.C]

  1. The outdoor display of merchandise shall not exceed a height of ten (10) feet above finish grade unless a greater height is allowed through the approval of a Conditional Use Permit in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). [Source: 17.34.140.C.1]

  2. Outdoor sales areas shall not encroach into required setback areas. In zones where no setback area is required, the outdoor sales area shall be set back a minimum of ten (10) feet from adjoining property line(s) unless otherwise allowed through the approval of a Conditional Use Permit in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). [Source: 17.34.140.C.2]

  3. Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct intersection visibility or otherwise create hazards for vehicle, bicycle, or pedestrian traffic. [Source: 17.34.140.C.3]

  4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel. [Source: 17.34.140.C.4]

  5. Outdoor sales and activity areas other than vehicle sales lots shall be screened from

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the view of adjoining public rights-of-way by decorative walls, fences, or landscaping. [Source: 17.34.140.C.5]

6. Additional signs, beyond those normally allowed for the subject use, shall not be provided because of the outdoor display and sales area. [Source: 17.34.140.C.6]

• A. Applicability. The standards established in this section shall apply to all outdoor storage uses where allowed in Article 2 (Zones, Allowable Uses, and Development Standards) and defined in Article 8 (Definitions). [Source: NEW]

• B. Development Standards. All outdoor storage areas shall comply with the following standards:

  1. Permanent outdoor storage areas shall be entirely enclosed by a six-foot high solid wall or fence as approved by the Director. Stored materials shall not be higher than the fence, except with a Minor Use Permit in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit).

  2. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zone, and the setback area shall be landscaped to the approval of the Director, and in compliance with Chapter 17.28 (Landscaping). [Source: 17.34.150]

• A. Applicability. The standards established in this section shall apply to all restricted personal service uses as allowed in Article 2 (Zones, Allowable Uses, and Development Standards) and defined in Article 8 (Definitions). [Source: NEW]

• B. Hours of Operation. Restricted personal service uses shall only be open for operation from 9:00 a.m. to 8:00 p.m., daily. [Source: 17.34.175.A, modified]

• C. General Permit and License Requirements. Restricted personal service uses shall comply with the following requirements:

  1. Regulatory Permits, License, and Clearances. Uses shall obtain the appropriate permits/license/clearance from the County, State, or Federal agency that governs the use. Conditions of the permit allowing the restricted personal service land use shall include a provision requiring the applicant to provide written proof of the permit/ license/clearance to the Director, prior to commencement of the use. [Source: 17.34.175.B.1]

  2. Business License. A permit allowing the establishment of a restricted personal service land use shall include a provision requiring the applicant to obtain a Business License, as appropriate, prior to commencement of the use. The Business License shall be kept current for the duration of operation of the use. [Source: 17.34.175.B.2]

  3. Building Permit. The owner shall obtain appropriate Building Permit(s) and clearances, prior to construction, remodel and/or tenant improvements. [Source: 17.34.175.B.3]

• D. Signs. Signs shall comply with all applicable standards established in Chapter 17.36 (Sign Regulations), in addition to all conditions of approval. [Source: 17.34.175.C]

• E. Security and Crime Prevention. Restricted personal service uses are subject to review and approval by the Chief of Police, prior to commencement of the use. The following may be required and become provisions of the permit

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approving the restricted personal service land use, at the discretion of the Chief of Police: [Source: 17.34.175.F]

1. Installation of a CCTV (or equivalent) inside the business with retrievable electronic data maintained regularly and of sufficient resolution to identify customers involved in criminal offenses; [Source: 17.34.175.F.1]

2. Central station silent intrusion alarming of the business with personnel access in strategic locations within the premises; [Source: 17.34.175.F.2]

3. Acceptance and use of the Sonoma County Sheriff's Department bank alarm response policy and training; [Source: 17.34.175.F.3]

4. Money safe or vault as approved by the Chief of Police. Personnel shall have the ability to make frequent cash and/or check drops and a policy shall be instituted to limit available cash on hand; and/or [Source: 17.34.175.F.4]

5. While closed the business will provide sufficient interior night-lights for nighttime security. [Source: 17.34.175.F.5]

• F. Time Limitations, Revocation, and Revisions. Permits are subject to the time limits, extensions, and revocation requirements as provided for in this Zoning Code. [Source: 17.34.175.G]

This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities where allowed by Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 17.34.160]

• A. Reverse Vending Machines. Reverse recycling vending machines shall comply with the following standards. [Source: 17.34.160.A]

  1. The machines shall be installed only as an accessory use to an allowed main use. [Source: 17.34.160.A.1]

  2. If located outside of a structure, the machines shall not occupy parking spaces required by the main use. [Source: 17.34.160.A.2]

  3. In addition to the sign standard established in Chapter 17.36 (Sign Regulations), sign area shall not exceed four (4) square feet for each machine, exclusive of operating instructions. [Source: 17.34.160.A.3, modified]

  4. In addition to the light and glare standards established in Section 17.32.050 (Light and Glare), reverse vending machines shall be illuminated to ensure comfortable and safe operation if machines are accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are directed downward and confined within the boundaries of the site. [Source: 17.34.160.A.4, modified]

• B. Small Collection Facility. Small recycling collection facilities shall comply with the following standards: [Source: 17.34.160.B]

  1. Collection containers shall not occupy more than three hundred fifty (350) square feet nor three (3) parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers. [Source: 17.34.160.B.1]

  2. Collection containers shall be set back at least ten (10) feet from any public right-of-way and shall not obstruct pedestrian or vehicular traffic. [Source: 17.34.160.B.2]

  3. Collection containers shall be constructed of durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of sufficient capacity to ac-

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commodate materials collected and the collection schedule. [Source: 17.34.160.B.3]

4. Containers shall not be located within fifty (50) feet of any residentially zoned parcel. [Source: 17.34.160.B.4]

5. Collection containers shall be of a color and design to be both compatible with the surrounding uses and neighborhood. [Source: 17.34.160.B.5, modified]

6. Signs may be provided as follows: [Source: 17.34.160.B.6]

   • a. Recycling facilities may have identification signs with a maximum area of twelve (12) square feet for each side or exterior surface; and [Source: 17.34.160.B.6.a]

   • b. Directional signs may be installed with the approval of the Director if found necessary to facilitate traffic circulation. [Source: 17.34.160.B.6.b]

7. Additional parking spaces shall not be required for customers of a small collection facility located in an established parking lot of commercial/industrial use. [Source: 17.34.160.B.7]

8. Use of parking spaces by the facility and by the attendant, if provided, shall not reduce available parking spaces below the minimum number required for the commercial/industrial use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility is in operation. [Source: 17.34.160.B.8]

9. The site shall be maintained clean, sanitary, and free of litter and other un-

desirable materials, and shall be cleaned of loose debris daily. [Source: 17.34.160.B.9]

• C. Large Collection Facility. Large recycling collection facilities shall comply with the following standards. [Source: 17.34.160.C]

  1. The facility shall not abut a parcel zoned for residential use. [Source: 17.34.160.C.1]

  2. Structure setbacks and landscape requirements shall be those provided for the zone in which the facility is located. [Source: 17.34.160.C.2]

  3. Exterior storage of materials shall be screened from view from adjacent public rights-of-way and adjoining parcels. [Source: 17.34.160.C.3]

  4. The parcel shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris daily. [Source: 17.34.160.C.4]

  5. Any containers provided for "after hours" deposit of recyclable materials shall be located at least three hundred (300) feet from any residential zone, constructed of sturdy, rustproof material(s), with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials. [Source: 17.34.160.C.5]

  6. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels. [Source: 17.34.160.C.6]

• D. Light Processing Facilities. Light recycling processing facilities shall comply with the following standards. [Source: 17.34.160.D]

  1. The facility shall not abut a parcel zoned for residential use. [Source: 17.34.160.D.1]

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2. Processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, sorting of source-separated recyclable materials, and repairing of reusable materials. [Source: 17.34.160.D.2]

3. A processing facility shall not exceed forty-five thousand (45,000) square feet, may have up to an average of two (2) outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers. [Source: 17.34.160.D.3]

4. Outdoor storage shall be screened by a six-foot-high opaque fence or solid masonry wall in combination with landscape materials. Storage, excluding truck trailers, shall not be visible above the height of the required wall. [Source: 17.34.160.D.4]

5. Any containers provided for "after hours" deposit of recyclable materials shall be located at least three hundred (300) feet from any residential zone, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of the materials. [Source: 17.34.160.D.5]

6. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels. [Source: 17.34.160.D.6]

• E. Heavy Processing Facilities. Heavy recycling processing facilities are facilities that do not meet the requirements for light processing facilities established in Subsection D, above, and shall comply with the following standards: [Source: NEW]

  1. The facility shall not abut a residential zone or residential use. [Source: NEW]

  2. All processing activities shall take place entirely within a structure that is wholly enclosed, except for incidental storage. [Source: NEW]

  3. The facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code. [Source: NEW]

  4. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Sonoma County Fire District and health official. No storage excluding truck trailers and overseas containers shall be visible above the height of the fencing. [Source: NEW]

  5. Outdoor storage shall be screened by a six-foot-high opaque fence or solid masonry wall in combination with landscape materials. Storage, excluding truck trailers, shall not be visible above the height of the required wall. [Source: NEW]

  6. The parcel shall be maintained free of litter and any other undesirable materials and shall be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present. [Source: NEW]

  7. Any containers provided for "after hours" deposit of recyclable materials shall be located at least three hundred (300) feet from any residential zone, constructed of sturdy, rustproof materials, with sufficient capacity to ac-

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commodate materials collected, and secured from unauthorized entry or removal of the materials. [Source: NEW]

8. If the facility is located within five hundred (500) feet of a residential district, residential use, and/or sensitive receptor (i.e., school, day care center), it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open. [Source: NEW]

9. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels. [Source: NEW]

• A. Applicability. The standards established in this section apply to residential accessory structures, including garages, gazebos, greenhouses, patio covers, storage sheds, studios, recreation rooms, hobby shops, play structures/houses, workshops, home offices, and similar noncommercial uses, Regulations for accessory dwelling units and junior accessory dwelling units are instead provided by Chapters 17.82 and 17.84 (Accessory Dwelling Units and Junior Accessory Dwelling Units), and guest houses and pool houses under Section 17.40.120 (Guest Houses and Pool Houses). [Source: 17.34.170.A, modified]

• B. Relationship of Accessory Use to Primary Use. Accessory uses and structures shall be incidental to and not alter the character of the parcel from that created by the primary use. Accessory structures shall not contain kitchen/and or cooking facilities. Electrical lighting and/or plumbing fixtures shall be limited to a lavatory sink, shower, and/or toilet (as defined by the Building Code, permits may be required). No

  • structure identified in Subsection A, above, shall be used as a living unit or for commercial purposes. A residential accessory structure may be used for a home occupation in compliance with Section 17.40.130 (Home Occupation), and upon obtaining a Home Occupation Permit and Business License. [Source: 17.34.170.B]

• C. Attached Structures. An accessory structure attached to the primary residential structure shall comply with the requirements applicable to the primary structure, including setbacks, height, and parcel coverage, and shall be of the same architectural design as the primary structure. For the purpose of this section, an attached structure is any structure that does not comply with the separation requirement included in Section D.2. [Source: 17.34.170.C]

• D. Detached Structures. An accessory structure that is detached from the primary residential structure shall comply with the following standards: [Source: 17.34.170.D]

  1. Setbacks. Accessory structures shall not be located within a required front yard setback, and shall maintain side and rear yard setbacks of at least five (5) feet, except that accessory structures on corner parcels shall maintain the street side setback required by the applicable zoning district.

  2. Separation between Structures. A minimum separation of six (6) feet shall be maintained between the accessory structures and an accessory structure and the primary residence. When less than six (6) feet of separation is provided, the requirements for attached structures shall apply. [Source: 17.34.170.D.1]

  3. Height Limitations. The height of an accessory structure shall not exceed fifteen (15) feet. In no case shall the accessory structure height exceed the height of the primary structure. [Source: 17.34.170.D.2]

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4. Parcel Coverage. The maximum parcel coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district. [Source: NEW]

5. Architectural Compatibility. Structures that require a Building Permit shall have similar architecture as the primary structure including exterior colors and siding, roof materials and pitch, windows, doors, etc. Deviations from this requirement require administrative site plan and design review.

• E. Size Limitations. The following size limitations shall apply:

  1. The maximum square footage of residential accessory structures is limited to eight hundred forty (840) square feet, which may be a single structure of eight hundred forty (840) square feet or multiple structures totaling eight hundred forty (840) square feet. Structures over eight hundred forty (840) square feet require a Minor Use Permit.

  2. Accessory dwelling units, guest houses, pool houses, and tiny homes are not included in the size limit for residential accessory structures.

• F. Portable Structure. A single portable structure per parcel or unit, including pre-manufactured storage sheds and other small similar structures, which do not require a Building Permit shall comply with the minimum side and rear yard setback requirements in Subsection D.1 above. The maximum parcel coverage for all structures on a parcel shall comply with the requirements of the applicable zone. [Source: 17.34.170.D.3, 17.06.040.B.6]

• G. Attached Open-Sided Patio Covers. Detached free standing patio covers are subject to all requirements of this section. Patio covers that are attached to the primary dwelling, and open on at least three (3) sides, are allowed subject

to the limitations of Subsections D.1-D.3 above. Attached enclosed patio covers are subject to the same regulations as the primary structure. [Source: 17.34.170.D.4]

• H. Detached Garages. Single story detached garages are included in the allowable aggregate square footage. Detached garages that provide the required covered parking may be exempt from this calculation at the discretion of the Director. Detached garages are subject to the requirements of this section that apply to detached structures. [Source: 17.34.170.D.5]

• I. Minor Use Permit. Requests to exceed or deviate from the maximum height and/or square footage requirements in the above sections are subject to the Minor Use Permit process, prior to Building Permit, in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). [Source: 17.34.170.D.7]

• J. Deed restrictions. At the discretion of the Director, a deed restriction may be required for accessory structures. The deed restriction shall be filed and recorded with the Sonoma County Recorder, prior to issuance of a Building Permit. The deed restriction shall identify the use of the structure at the time of issuance of the Building Permit. [Source: 17.34.170.D.8]

• A. Purpose. This chapter establishes standards for the retail sale of firearms to provide for the appropriate location and ensure that the use does not have a negative impact on the surrounding neighborhood and is operated in a safe and secure manner. [Source: 2019-335, modified]

• B. Applicability. All the standards of this chapter shall be immediately enforceable as to the retail sales for firearms. [Source: 2019-335]

• C. Standards for the Retail Sales of Firearms. Retail sales of firearms shall comply with the requirements of this subsection, where al-

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lowed in compliance with Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 2019-335, modified]

1. Conditional Use Permit Required. The retail sales of firearms shall comply with the following permit requirements. [Source: 2019-335, modified]

   • a. All retail sales of firearms require the approval of a Conditional Use Permit in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). [Source: 2019-335, modified]

   • b. An application for a Conditional Use Permit shall be referred to the Police Department for review and comment. [Source: 2019-335]

   • c. The Director may refer the application to other Town Departments to determine whether the premises where the retail sale of firearms are proposed to occur complies with the Town's building, health, fire ordinances, and any other applicable ordinances or laws. Town Departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. [Source: 2019-335]

   • d. Council has the authority to revoke or modify a Conditional Use Permit pertaining to the retail sale of firearms in accordance with Chapter 17.66 (Permit Modification and Revocation). [Source: 2019-335]

   • e. In addition to making the findings required for the issuance of a Conditional Use Permit, the Commission shall consider the following factors in determining whether to grant or deny a Conditional Use Permit: [Source: 2019-335]

     • i. The proposed location would comply with the requirements of this section;

     • ii. The proposed location would be consistent with the character and uses of the surrounding neighborhood;

     • iii. The proposed use would not affect the welfare of the area residents; and

     • iv. The proposed use would not be in conflict with any provision contained in this section or Zoning Code. [Source: 2019-335]

2. Conditional Use Permit Conditions. The Commission may require that a Conditional Use Permit for the retail sales of firearms include any conditions necessary to ensure compliance with the provisions of this section and other sections of the Zoning Code or Municipal Code. [Source: 2019-335]

3. Performance Standards. The retail sales of firearms, as an accessory or standalone use, shall comply with the following performance standards. [Source: 2019-335, modified]

   • a. The applicant shall maintain all Federal, State, and local licenses and permits. [Source: 2019-335]

• b. The applicant shall maintain specified security measures on premises. Any exterior modifications to the structure including bars on windows are not permitted without Design Review approval. [Source: 2019-335]

  • c. The use shall be subject to inspection by the Town as necessary. [Source: 2019335]

  • d. Firearms and ammunition shall be maintained in a secured location so that access is controlled solely by the dealer or employee and not accessible

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to the public. This includes any firearm or ammunition on display or in storage. [Source: 2019335]

• e. Display of semi-automatic long rifle firearms is prohibited in any window display or in store. [Source: 2019-335]

• f. Sales of semi-automatic long rifle firearms shall be by appointment only. [Source: 2019-335]

• g. All storage of ammunition and other firearms related merchandise classified by the California Code of Regulations Title 24, Part 9, California Fire Code, as amended by the Town of Windsor, as a hazardous material and shall be subject to approval of the Fire Chief. [Source: 2019-335]

• h. Firearm Sales Accessory to Sporting Good Retail Sales. All Conditional Use Permits issued to establish retail firearm sales operating as an accessory use to a sporting goods store shall not exceed five (5) percent of the total floor area of the sporting goods establishment. The five (5) percent restriction includes all display, storage, and firearm sales area. [Source: 2019-335, modified]

4. Location Standards. The retail sales of firearms shall comply with the following location standards: [Source: 2019-335]

   • a. No retail sales of firearms shall be located within one thousand (1,000) feet of a school, or five hundred (500) feet of the following: [Source: 2019335]

     • i. Church, chapel, place of worship;

     • ii. Preschool, daycare facility, youth centers;

     • iii. Park, libraries; and/or

   • iv. Other firearm sales establishment or personal services-restricted use. [Source: 2019-335, modified]

• b. For the purposes of this paragraph, all distances shall be measured in a straight line, without regard for structures, roads, railways, or natural features, from the nearest property line on which the firearm sales use is located to the nearest property line of any use listed in Subparagraph 4.a, above. [Source: 2019-335]

• A. Applicability. The standards established in this section shall apply to all restricted retail sales as defined in Article 8 (Definitions). [Source: NEW]

• B. Hours of Operation. Restricted retail sales uses shall only be open for operation from 9:00 a.m. to 8:00 p.m., daily. [Source: 17.34.175.A, modified]

• C. Minor Use Permit Required. In compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit), a Minor Use Permit is required to establish any restricted retail sales use. [Source: NEW]

• D. General Permit and License Requirements. Restricted retail sales uses shall comply with the following requirements: [Source: NEW]

  1. Regulatory Permits/License/Clearances. Uses shall obtain the appropriate permits/ license/clearance from the County, State, or Federal agency that governs the use. Conditions of the Minor Use Permit or Conditional Use Permit shall include a provision requiring the applicant to provide written proof of the permit/license/ clearance to the Director, prior to commencement of the use. [Source: NEW]

  2. Business License. Conditions of the Minor Use Permit or Conditional Use Per-

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mit shall include a provision requiring the applicant to obtain a Business License, as appropriate, prior to commencement of the use. The Business License shall be kept current for the duration of operation of the use. [Source: NEW]

3. Building Permit. Obtain appropriate Building Permit(s) and clearances, prior to construction, remodel and/or tenant improvements. [Source: NEW]

• E. Smoke Shops. Smoke shops are defined as devoting more than fifteen (15) percent of the total floor space and/or more than a two-foot by four-foot section of shelf space for display for sale of smoking, drug and/or tobacco paraphernalia.

  1. Conditions. The following is required and will become conditions of the Minor Use Permit or Conditional Use Permit: [Source: 17.34.175.E]

     • a. No smoking shall be allowed inside the shop;

     • b. All Town smoking regulations shall be abided by;

     • c. Signs shall be posted in accordance with the Town's Municipal Code Chapter 20;

     • d. No person under age eighteen (18) may enter the business even if they are accompanied by an adult;

     • e. All clerks/personnel shall be eighteen (18) or older;

     • f. Smoke shops may not be located within six hundred (600) feet of youth-frequented locations including schools, religious institutions, public libraries, and public parks;

     • g. Smoke shops may not be located within five hundred (500) feet of residentially zoned areas;

  • h. No products may be sold by means of self-service or vending machine assisted;

  • i. No form of advertising for tobacco products shall be displayed in visible locations with the exception of any onsite sign that contains the name or slogan of a business that lawfully sells tobacco products that have been placed at or upon the business premises for the purpose of identifying the business;

  • j. Business shall not distribute free tobacco products or promotional items;

• k. Business shall not sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings; and

  • l. Compliance with State law including, but not limited to, Health and Safety Code Section 11364.5 and as amended from time to time.

2. Security and Crime Prevention. Restricted retail uses are subject to review and approval by the Chief of Police, prior to commencement of the use. The following may be required and become provisions of the Minor Use Permit or Conditional Use Permit, at the discretion of the Chief of Police: [Source: 17.34.175.F]

   • a. Installation of a CCTV (or equivalent) inside the business with retrievable electronic data maintained regularly and of sufficient resolution to identify customers involved in criminal offenses; [Source: 17.34.175.F.1]

   • b. Central station silent intrusion alarming of the business with personnel access in strategic locations within the premises; [Source: 17.34.175.F.2]

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• c. Acceptance and use of the Sonoma County Sheriff's Department bank alarm response policy and training; [Source: 17.34.175.F.3]

• d. Money safe or vault as approved by the Chief of Police. Personnel shall have the ability to make frequent cash and/or check drops and a policy shall be instituted to limit available cash on hand; and/or [Source: 17.34.175.F.4]

• e. While closed the business will provide sufficient interior night-lights for nighttime security. [Source: 17.34.175.F.5]

3. Time Limitations, Revocation, and Revisions. Permits are subject to the time limits, extensions, and revocation requirements as provided for in the Town of Windsor Zoning Code. [Source: 17.34.175.G]

• A. The provisions of this section establish standards for the operations of short-term rentals within the Town in a manner to provide for the appropriate location and to preserve the character of the neighborhoods in which they are located. [Source: 2023-379 Ordinance, Section 6, "27.34.220.A"]

• B. Non-hosted short-term rentals are prohibited from operating in residential zones. Notwithstanding the foregoing, a non-hosted shortterm rental operating with a valid Town Business License on March 1, 2023, may continue to operate until July 1, 2025, after which point the use shall be terminated. [Source: 2023-379 Ordinance, Section 6, "27.34.220.B"]

• C. All short-term rental uses allowed by this Zoning Code shall, prior to establishing and operating any such short-term rental use, obtain and always maintain a valid Short-Term Rental License from the Town in compliance with Chapter 23, "Short-Term Rentals," of Title

III, "Public Welfare," of the Windsor Municipal Code. [Source: 2023-379 Ordinance, Section 6, "27.34.220.C"]

• D. Short-term rentals are prohibited from operating unless in compliance with the provisions of this section as well as Chapter 3-23 of the Windsor Municipal Code [Source: 2023-379 Ordinance, Section 6, "27.34.220.D"]

• E. Any short-term rental use existing as of June 21, 2023, when the Town Council adopted the Short-Term Rental Ordinance, but which is not permitted by this section shall terminate no later than July 1, 2025. This termination date is established by the Council as a reasonable amortization period. This subsection shall control over anything contrary to this Zoning Code, including, but not limited to, Chapter 17.70 (Nonconformities). [Source: 2023-379 Ordinance, Section 6, "27.34.220.E", modified]

• F. All the provisions of this section shall be immediately enforceable as to all short-term rentals located within the Town as defined by Article 8 (Definitions), but is not intended to regulate hotels, motels, inns, or other rental arrangements including, but not limited to, community care facilities, lodging housing, rooming houses, supportive housing, or transitional housing. [Source: 2023-379 Ordinance, Section 6, "27.34.220.F," modified]

• G. Notwithstanding the foregoing, the existing timeshare facility located at 1251 Shiloh Road and similar facilities, as determined by the Director in commercials zones shall be exempt from the provisions of this section. [Source: 2023-379 Ordinance, Section 6, "27.34.220.F," modified]

• A. Purpose. The purpose of this section is to provide development standards for properties that operate Single Room Occupancy (SRO) housing facilities. [Source: 27.08.070]

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• B. Size: Minimum unit size is one hundred fifty (150) square feet, and a maximum of four hundred (400) square feet and occupancy is limited to two (2) people. [Source: 17.08.070.A]

• C. Laundry Facilities: An SRO shall provide laundry facilities as follows: [Source: 17.08.070.B]

  1. One (1) washer and one (1) dryer for every twenty (20) units or fraction thereof. [Source: 17.08.070.B.1]

  2. At least one (1) washer and one (1) dryer per floor. [Source: 17.08.070.B.2]

• D. Bathroom Facilities. An SRO unit is not required to, but may, contain a partial or full bathroom facility. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the Town of Windsor Municipal Code for congregate residences with at least one (1) full bathroom per floor. [Source: 17.08.070.C]

• E. Kitchen Facilities. An SRO unit is not required to, but may, contain a partial, full, or efficiency kitchen. If a kitchen is not provided, at least one (1) common full kitchen must be provided per floor. [Source: 17.08.070.D]

• F. Closets. Each unit must have a separate closet. [Source: 17.08.070.E]

• G. On-Site Management. Provide a management plan to the Town that contains the policies and operations for the site, rental procedures, residency and guest rules, security and staff needs. Facilities with six (6) or more units require a twenty-four-hour resident manager. [Source: 17.08.070.F]

• H. Parking. Parking for an SRO shall comply with the parking standards established in Chapter 17.30 (Parking, Loading, and Access). Parking reductions may be considered at the discretion of the Director, if a parking analysis is prepared. [Source: 17.08.070.G]

• A. Setbacks. The minimum setback from the front property line shall be ten (10) feet, except that for sites located within three hundred (300) feet of a residential zone, any enclosed structure, fencing, storage or parking area shall be set back a minimum of twenty (20) feet. Variation of the setback to avoid the appearance of a continuous wall along the street frontage is required. Side and rear yard setbacks shall be as required for the zone. [Source: 17.34.210.A]

• B. Landscaping. In addition to Chapter 17.28 (Landscaping), all required setback areas shall be landscaped. Landscaping shall consist of a variety of evergreen and deciduous trees, highprofile shrubs, suitable ground cover and native grasses. [Source: 17.34.210.B]

• C. Screening. Fencing shall be provided around the sides and rear of the project. Such fencing shall be solid wood or masonry and shall be constructed to prevent the passage of debris or light and shall not be less than six (6) feet as measured on the side with the highest ground elevation. [Source: 17.34.210.C]

• D. Structure Design. The project shall be designed to ensure compatibility with existing or anticipated development in the vicinity and the overall community. This can be accomplished by avoiding the appearance of a walled enclave along the street frontage, by providing architectural relief in the form of roofline variation, change in materials, building articulation, and the use of window treatments. Blank walls shall be avoided. The design of the project shall be oriented to the street and promote an inviting, walkable street environment. [Source: 17.34.210.D]

• E. Structure(s) Height. Structures included in the facility shall comply with the following height requirements:

  1. Structures shall be a minimum of two (2) stories in height and comply with the height of the zoning district. [Source: 17.34.210.E, modified by Town staff]

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2. Structures within three hundred (300) feet of a residential zone shall be limited to a maximum height of one (1) story and a height of twenty (20) feet along the outside perimeter adjacent to the residence zone and shall be designed to protect adjacent residences from noise, nighttime glare, and visual activity. [Source: 17.34.210.E, modified by Town staff]

• F. Mixed Uses. Mixed-uses, including and/or office uses should be located along the street frontage with driveway access to the storage facility located behind the mixed-use to promote the Town design goals of defensible space along the street frontage and to minimize the visibility of parking areas. [Source: 17.34.210.F]

• A. Definitions. In addition to the terms defined in Article 8 (Definitions), the following definitions shall apply to the provisions established in this section:

  1. Microcell. A wireless communication facility that contains a maximum of four (4) whip or panel antennae. Each whip antenna does not exceed four (4) inches in diameter and four (4) feet in length. Each panel antenna does not exceed two (2) square feet in surface area; Contains a maximum of one (1) microwave antenna no larger than ten (10) square feet in surface area; has an array of antennae less than ten (10) feet in height; is roof- or structure-mounted or, if within the public right-of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree); and has a total height, if roof- or structuremounted, that does not exceed the maximum height allowed in the zoning district in which the facility is located. [Source: Existing definition]

  2. Minor Wireless Communication Facility. A wireless communication facility that consists of a microcell; and roof- or structuremounted and is less than ten (10) feet in height and does not exceed the maximum height allowed in the zoning district in which the facility is located. [Source: Existing definition]

  3. Private Wireless Communication Facility. A wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC). [Source: Existing definition]

  4. Public Wireless Communication Facility. A wireless communication facility that has been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC). [Source: Existing definition]

• B. Applicability. Cellular wireless telephone antennas, including supporting towers and related ground-mounted structures and equipment structures, shall comply with the following requirements. [Source: 17.34.200]

• C. Permit Requirements. The establishment of wireless telecommunication antennas and facilities shall be allowed in compliance with a Conditional Use Permit approved by the Town subject to the standards of this section. At the time of permit application, the Director may require the applicant to submit a visual impact analysis of the proposed facility using mockups and photomontages. [Source: 17.34.200.A]

• D. Site Selection. Sites for cellular wireless telecommunications shall be selected according to the following order of preference: [Source: 17.34.200.B]

  1. On existing structures (e.g., a building, church steeple, communication tower, freestanding sign, water tank, etc.); [Source: 17.34.200.B.1]

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2. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; and/or [Source: 17.34.200.B.2]

3. On vacant land without significant visual resources and only in commercial, industrial, and public zones. [Source: 17.34.200.B.3]

4. As part of the application process, applicants for cellular wireless telecommunication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with the site selection standards above. [Source: 17.34.200.B]

• E. Prohibited Areas. Wireless communications facilities shall not be established within a residential zoning district or on a parcel that contains a legally established residential use unless otherwise required by State or Federal law. [Source: 17.34.200.C]

• F. Co-Location. Town agencies, special districts, and utility providers shall allow co-location of cellular equipment on appropriate existing structures and towers subject to reasonable engineering requirements. [Source: 17.34.200.D]

• G. Microcell Facilities and Arrays. Microcell facilities shall comply with the following standards:

  1. Shall be limited to a maximum of four (4) whip or panel mounted antenna, subject to the following: [Source: from existing definitions]

     • a. Each whip antenna shall not exceed four (4) inches in diameter and four (4) feet in length; and [Source: from existing definitions]

     • b. Each panel antenna shall not exceed two (2) square feet in surface area. [Source: from existing definitions]

  2. Microcells facilities shall be limited to a maximum of one (1) microwave antenna, no larger than ten (10) square feet in surface area. [Source: from existing definitions]

  3. The overall microcell array shall be no larger than ten (10) square feet. [Source: from existing definitions]

  4. Microcells facilities and arrays shall only be mounted as follows. Standalone microcell facilities are prohibited:

     • a. Roof or structure mounted and shall not exceed the maximum height allowed in the zone in which the facility or array is installed; or [Source: from existing definitions]

     • b. Within the public right-of-way on a street light pole, telephone pole, and/or metal or precast monopole and shall not exceed the maximum height allowed in the zone in which the facility or array is installed. [Source: from existing definitions]

• H. Construction Materials. Telecommunication facilities shall be constructed of metal or other nonflammable and non-reflective materials. [Source: 17.34.200.E]

• I. Painting. The equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, sky blue, light gray, sea ranch green, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood. [Source: 17.34.200.F]

• J. Setbacks. Equipment shall not be located within any setback in any zone and shall not extend beyond the property lines. Telecommunication facilities shall be set back at least twenty (20) percent of the tower height from all property lines and at least one hundred (100) feet

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from any public trail, park, riparian corridor buffer setback area, or outdoor recreation area. [Source: 17.34.200.G]

• K. Signs. Identification signs, including emergency phone numbers of the cellular service provider, shall be posted and readable at ground level at all equipment and tower sites. Signs shall not exceed four (4) square feet in area. [Source: 17.34.200.H]

• L. Undergrounding Required. Electrical and equipment wiring shall be placed underground. [Source: 17.34.200.1]

• M. Unused/Obsolete Equipment. Unused/obsolete equipment or towers shall be removed from the site within six (6) months after their need has ceased. [Source: 17.34.200.J]

• N. Tower Support. Towers shall be single pole self-supportive. The use of guy wires is prohibited. [Source: 17.34.200.K]

• O. Federal Communications Commission Regulations. Telecommunication facilities shall comply with all applicable Federal Communications Commissions (FCC) and Federal Aviation Administration (FAA) rules, regulations, and structures. [Source: 17.34.200.L]

• P. Lighting. All telecommunication facilities shall be unlit except for the following: [Source: 17.34.200.M]

  1. A manual-operated or motion-detector controlled light above the equipment shed door which shall be kept off except when personnel are present at night; and [Source: 17.34.200.M.1]

  2. The minimum tower lighting required which shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences. [Source: 17.34.200.M.2]

• Q. Height. Telecommunication facilities shall not exceed the height limit from grade established by the base-zone for the proposed facility, at the highest point of the antenna. An approved Conditional Use Permit may modify this provision if strict compliance would result in substandard reception/transmission. [Source: 17.34.200.N]

• R. Roads and Parking. Existing roads shall be used for access, whenever possible. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, roadways shall meet the width and structural requirements of the Fire Chief and Town Engineer. [Source: 17.34.200.O]

• S. Noise and Traffic. All telecommunication facilities shall be constructed and operated in a manner as to minimize the amount of disruption caused to nearby properties. 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 8:30 a.m. and 4:30 p.m. [Source: 17.34.200.P]

• T. NIER Exposure. No telecommunication facilities or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC adopted NIER (Nonionizing Electromagnetic Radiation calculations) standard for human exposure. Every telecommunication facility within four hundred (400) feet of an inhabited area shall demonstrate continued compliance with the NIER standard by submitting to the Director a report annually demonstrating compliance with the FCC adopted NIER standard for human exposure. [Source: 17.34.200.Q]

the FCC adopted NIER (Nonionizing Electromagnetic Radiation calculations) standard for human exposure. Every telecommunication facility within four hundred (400) feet of an inhabited area shall demonstrate continued compliance with the NIER standard by submitting to the Director a report annually demonstrating compliance with the FCC adopted NIER standard for human exposure. [Source: 17.34.200.Q]

• U. Town of Windsor Exemption. The Town of Windsor is exempt from the provisions hereof when the telecommunication facility is located on Town owned property and approved by the Town Council. [Source: 17.34.200.R]

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17.42.040