§ 26-02-140. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Accessory dwelling unit. An attached or detached residential dwelling unit provided in compliance with Sections 26-88-060, which unit provides complete independent living facilities for one (1) or more persons, and includes separate permanent provisions for entry, living, sleeping, eating, cooking and sanitation on the same parcel as a single-family dwelling. An accessory dwelling unit may also be provided as an efficiency dwelling unit and/or a manufactured home, as defined in this section.

Accessory renewable energy system. An on-site renewable energy system, including but not limited to wind, bioenergy, solar, low-temperature geothermal heating systems, geothermal heat pump systems, and fuel cells and combinations thereof, where the energy generated is used primarily to meet the energy demands of the lawful use on the property where the system is located. Accessory renewable energy systems are subject to the applicable general development standards set forth in Section 26-88-200(a).

Accessory use means a use of land or a building that is related to and subordinate to the primary use of the land or building located on the same lot.

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

Adult entertainment establishment. An "adult entertainment establishment" is any place of business at which one or more of the following activities is conducted:

(a)

Adult bookstore means an establishment that devotes more than fifty percent (50%) of the total display, shelf, rack, table, stand or floor area utilized for the display of books and periodicals to the display and sale of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifty percent (50%) of the total floor area of the establishment to the sale of books and periodicals.

(b)

Adult motion picture theater means an establishment, whether open or closed, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

(c)

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis for depicting or describing specified sexual activities or specified anatomical areas. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing on more than fifty percent (50%) of the operating time.

(d)

Adult cabaret means a nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

(e)

Adult theater means a theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

(f)

Massage establishment means:

(1)

An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(2)

A massage establishment which provides only specialized massage services and is operated in accordance with the following provisions shall not be considered an adult entertainment establishment. The applicant shall submit proof of proficiency in the specialized field of practice. Proficiency may be established by proof of actual practice in the field of specialization for a period of three (3) years or completion of a course of instruction in the specialized field of practice at a school authorized to provide such instruction by the state of California. The period of practice shall be attested to, in writing, by no less than three (3) persons who meet the educational qualifications described in this paragraph or are members of a professional organization which is incorporated in the state of California which fosters or promotes the specialized field of practice.

(g)

Other businesses means any business not otherwise herein defined or identified which involves specified sexual activities or display of specified anatomical areas.

(Ord. No. 3340.)

Affordable housing. Affordable ownership or affordable rental housing as defined herein.

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

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

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

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

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

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

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

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

Agricultural cultivation: The act of preparing the soil for the raising of agricultural crops, as defined herein.

Agricultural employee means a person employed in the operation of an agricultural enterprise.

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

Agricultural lands means land designated in the General Plan within an agricultural land use category.

Agricultural processing means the act of changing an agricultural product from its natural state to a different form, as grapes to wine, apples to juice or sauce, etc.

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

Agricultural service use means the providing of services that directly support agricultural uses on the same property or on neighboring agricultural lands such as spraying, pruning or harvesting.

Agricultural support service means processing services, maintenance and repair of farm machinery and equipment, veterinary clinics, custom farming services, agricultural waste handling and disposal services and other similar services.

Alcoholic beverage retail establishment means a liquor store, convenience store, market, or other retail establishment that sells alcoholic beverages for off-premise consumption, but not winery tasting rooms.

Alley means any public thoroughfare which affords only a secondary means of access to abutting property.

Annual household income. The combined adjusted gross annual incomes for all adult persons living in a dwelling unit as reported on the Internal Revenue Code Form 1040 for individual federal annual income tax purposes.

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

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

Apartment buildings means any structure containing more than two (2) dwelling units.

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

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

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

Automobile court or motel means a group of two (2) or more detached or semi-detached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therein which group is designed and used primarily for the accommodation of transient automobile travelers.

Automobile wrecking yard. See "junk yard."

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

Bed and breakfast inn. A "bed and breakfast inn" means a single-family dwelling, with an owner in residence, containing no more than ten (10) guest rooms used, let or hired out for transient occupancy, subject to the standards in Section 26-88-118 (Hosted Rentals and Bed and Breakfast Inns).

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

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

Biotic resources means unique or significant plant or animal communities including estuaries, fresh and salt water marshes, tideland resources, riparian corridors and certain terrestrial communities as set forth in the General Plan.

Boarding of horses means the keeping and training of horses which are not owned by the occupant or owner of the property. Boarding of horses shall include the giving of private lessons (one (1) trainer/one (1) student), but shall not include group lessons, group clinics, shows or similar related activities.

Boarding house means a residential building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.

Building. See "structure."

Building, accessory. "Accessory building" means a subordinate building, the use of which is incidental to that of the main building on the same lot or building site. Unless provided herein to the contrary, accessory buildings shall not be constructed in advance of main permitted buildings.

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

Building envelope means a defined location or locations on a lot.

Building, main. "Main building" means a building in which is conducted the principal use of the lot or building site on which it is situated.

Building permit means a permit issued pursuant to Chapter 7 of the Sonoma County Code to permit construction of a dwelling unit.

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

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

Business, retail. "Retail business" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind, with the exception of antique stores.

Business, wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

Camp car means a vehicle defined as a camp car under the provisions of Division XIII, Part 2, of the State Health and Safety Code.

Campground means land or premises which are used or intended to be used, let or rented for occupancy by campers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Capacity (Electrical). The maximum amount of electricity that a generating unit, power facility, or utility can produce under specified conditions. Capacity is measured in kilowatts (KW) or megawatts (MW).

Carport means an accessible and usable covered space not less than ten feet (10′) by twenty feet (20′) open on two (2) or more sides for the storage of automobiles. Such structure shall be located on the lot so as to meet all the requirements of this chapter for accessory buildings, or if made as part of the main building it shall meet all the requirements of this chapter for the main building.

Certified arborist means any person who has current certificate from the International Society of Arboriculture.

Childcare facility means a facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, etc., on less than a twenty-four (24) hour basis. "Child day care facility" includes day care center and family day care homes.

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

Co-located telecommunication facility means a telecommunication facility which is comprised of a single tower containing a combination of antennas owned or operated by more than one public or private entity.

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

Commercial cannabis activity: The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this chapter.

Commercial composting means a commercial facility that is operated for the purpose of producing compost from the onsite and/or offsite organic material fraction of the waste stream and is permitted, designed, and operated in compliance with the applicable regulations contained in the California Code of Regulations, Title 14, Division 7, as may be amended from time to time. Non-commercial composting that is an incidental part of an agricultural operation and relies primarily upon onsite material for onsite use is not included within this definition.

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

Community care facility. A facility, place, or building that is maintained and operated to provide non-medical residential care, which may include home finding and other services, for children and/or adults, including: the physically handicapped; mentally impaired, mentally disordered, or incompetent; developmentally delayed or disabled; court wards and dependents; neglected or emotionally disturbed children; the addicted; and the aged.

(a)

Small community care facility means a community care facility serving six (6) or fewer persons.

(b)

Large community care facility means a community care facility serving seven (7) or more persons.

Community choice aggregator (CCA). As defined in Public Utilities Code Section 331.1 refers to any of the following entities, if that entity is not within the jurisdiction of a local publicly owned electric utility that provided electrical service as of January 1, 2003: any city, county, or city and county whose governing board elects to combine the loads of its residents, businesses, and municipal facilities in a communitywide electricity buyers' program or any group of cities, counties, or cities and counties whose governing boards have elected to combine the loads of their programs, through the formation of a joint powers agency established under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

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

Companion animals means animals normally maintained in a home as pets.

Composting means the controlled or uncontrolled biological decomposition of organic wastes.

Condominium means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, commercial or industrial building on such property (See Civil Code Section 783.)

A condominium may also include a separate interest in other parts of the real property. For purposes of this chapter, and to the extent reasonably feasible, the term condominium apartment building and a stock cooperative, as each are defined by Sections 1103-4 of the Business and Professions Code. The creation of two (2) or more condominiums may be termed a condominium project.

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

Congregate housing means a boarding house that does not provide institutional supervision or intensive health care. Congregate housing facilities have a resident manager and let out for rent individual rooms or sleeping spaces for long-term occupancy (thirty (30) days or more). Residents typically share bathrooms and kitchen/common facilities.

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

Contractor's yard means any land and/or building(s) used primarily for the storage of equipment, vehicles, machinery, whether new or used, and for building materials, paints, pipe or electrical components, any of which is used by the owner or occupant of the premises in the conduct of any building trades or building craft.

Cottage food operation means an enterprise operating from a primary residence where specified low-risk food products are prepared, packaged or sold to consumers pursuant to the California Homemade Food Act. Cottage food operations must have current food service permits from Sonoma County Environmental Health and comply with the criteria of Health and Safety Code section 113758, 11837, 114365, et al., including the allowance for one (1) cottage food employee in addition to the onsite resident cottage food operator and maximum sales of fifty thousand dollars ($50,000.00).

Cottage housing development. Small-scale, clustered housing units that are comparable in scale and intensity to single-family residential uses in the surrounding neighborhood. May be provided as attached cottage housing through the conversion of an existing single family dwelling, or as a detached cottage housing development consisting of small, detached units clustered around common open space and designed with a coherent concept.

County means the unincorporated portions of Sonoma County.

County-designated area urban service area means an urban service area designated in the General Plan land use element.

County boundary means the boundary of the county, or the boundary of any city in the county.

Crop production: The commercial growing and harvesting of agricultural crops including horticultural or ornamental shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops or agricultural commodities, except for cannabis or other controlled substances, which shall be defined and classified separately.

Cropland: Land devoted to the production of agricultural crops.

Cultural events means periodic special events such as parades, concerts, festivals, races and gatherings which attract, either by direct participation, or as spectators, a large gathering of people.

The following are not cultural events for the purposes of this chapter:

(a)

Events conducted entirely within dedicated rights-of-way where event sponsors have secured necessary encroachment or other permits from the county surveyor and, if applicable, the California Department of Transportation;

(b)

Events conducted entirely within a building for which all necessary county permits have been secured; provided, that the events are within the scope of the use for which the building was permitted;

(c)

Events conducted at fairgrounds or events conducted at outdoor spectator facilities for which a use permit has been obtained, provided that the outdoor event is within the scope of the use permit;

(d)

An event which has all of the following characteristics:

(1)

Has no live amplified music,

(2)

Does not involve an admission fee either for participants or spectators,

(3)

Is a one (1) day event conducted between the hours of seven a.m. and eleven p.m.,

(4)

Does not involve overnight sleeping of participants or spectators,

(5)

Is not conducted more than one (1) calendar day in a thirty (30) day period,

(6)

Is not accompanied by newspaper, radio or television advertising or printed leaflets distributed to the public at large, and

(7)

Does not involve the sale of food or beverages.

Cumulative diameter at breast height or cdbh means the sum of diameters at breast height of one (1) or more trees.

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

Day care center means a facility other than a family day care facility which provides nonmedical care except as an accessory use, to children under eighteen (18) years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Day care centers include infant centers, preschools, extended day care facilities and the like.

DBH (diameter at breast height) means trunk diameter measured at four and one-half feet above ground. For trees which are multi-stemmed at this height, the DBH measurement equals the total diameter of trunks which, if combined, are equal to or greater than the minimum size stipulated.

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

Deferred-payment subordinate loan. A deferred-payment loan, in the form of a note, secured by a deed of trust, due and payable upon sale of the affordable ownership unit against which it is recorded. The loan principal is to reflect the amount of county financial assistance to the homebuyer, the imputed value of such concessions as fee reductions and waivers, modified development standards, participation in programs which finance land acquisition, predevelopment and construction activities, and density increases or bonuses, necessary to make the affordable ownership unit affordable to the homebuyer. The payoff amount of the loan shall include the principal amount of the loan plus the share of appreciation in the value of the affordable ownership unit during the period in which the borrower owns the affordable ownership unit or, as may be required by the first mortgage lender, a combination of accrued simple interest on the promissory note in evidence of the loan and a reduced share of the appreciation in value of the affordable ownership unit during the period in which the borrower owns the affordable ownership unit.

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

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

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

Department. The Sonoma County permit and resource management department.

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

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

Development incentive. See "Incentive."

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

Development standard means, for purposes of Article 89 (Affordable Housing Program Requirements and Incentives), a site or construction standard or condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, General Plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

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

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

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

District means a portion of the county within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open areas are required and certain height limits are established for buildings, all as set forth and specified in this chapter.

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

Drug paraphernalia shall have the same definition as Health and Safety Code 11364.5 (d) (12), and as may be amended.

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

Dwelling, three (3) family or triplex or apartment house. "Three (3) family or triplex or apartment house dwelling" means a building or portion thereof used and designed as a residence for three (3) or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels, hotels and flats, but not including automobile courts.

Dwelling, two (2) family or duplex. "Two (2) family or duplex dwelling" means a single building containing not more than two (2) kitchens, designed or used to house not more than two (2) families, living independently of each other, including all necessary employees of each such family.

Dwelling unit. See "Residential - dwelling unit."

Efficiency dwelling unit. A small, self-contained dwelling unit containing a habitable room of not less than seventy (70) square feet of floor area and a minimum horizontal dimension of seven feet (7') Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. An additional one hundred (100) square feet of floor area within the unit shall be provided for each occupant of such a unit in excess of two (2) occupants.

An efficiency dwelling unit not provided as a part of an SRO or similar living arrangement, as provided by ordinance, must include the following facilities:

(a)

A separate closet;

(b)

A separate bathroom, containing a water closet, lavatory, and bathtub or shower; and

(c)

Kitchen facilities, including a sink, cooking appliance and refrigeration facilities.

Efficiency kitchen. A removable kitchen that contains a sink with a maximum waste line diameter of one and one-half (1.5) inches; cooking appliances that do not require natural gas, propane, or electrical service greater than 120 volts; a limited food preparation counter; and storage cabinets. The entire kitchen shall not exceed six (6) lineal feet, except that if existing counter space is being converted to efficiency kitchen use then the counter space shall not exceed eight (8) lineal feet.

Emergency homeless shelter means a building, structure or group of structures under single management that provide temporary, short-term emergency housing for individuals or families. An emergency homeless shelter is typically managed by a non-profit or group of non-profits, a church or group of churches, by other agencies, by volunteers or by a combination thereof. On-site services may be provided. Beds in an emergency shelter are generally provided dormitory-style, and meals are typically served and eaten as a group. The length of stay is generally not more than thirty (30) days, and is typically less.

Emerging renewable technology. Technology that uses a renewable power source, such as solar or wind energy, to generate electricity, and that has emerged beyond the research and development phase, is commercially available, and has significant commercial potential as determined by the Energy Commission. Emerging renewable technologies include photovoltaic, solar thermal electric, fuel cells using a renewable fuel, and small wind turbine technology no greater than fifty (50) kilowatts in size.

Employment node. An area of contiguous parcels within an urban service area that encompasses at least three (3) acres of commercial-zoned land, ten (10) acres of industrial-zoned land, or a combination that provides an equivalent ratio.

Environmental documents means environmental documents as defined in Section 15361 of the State CEQA Guidelines.

Executive director of the CDC. The executive director of the Sonoma County community development commission, and/or the designee of the director.

Exotic animal means any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

Extremely low-income household. A household whose gross annual income does not exceed thirty percent (30%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Fair market value. The value of property as determined by an appraisal, in accordance with prevailing industry standards, prepared within the preceding six (6) months by an appraiser who is licensed or certified by the state of California.

Family day care home means a home which regularly provides care, protection and supervision to fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:

(a)

Large family day care home means a home which provides family day care to nine (9) to fourteen (14) children, inclusive, including children under the age of twelve (12) who reside at the home.

(b)

Small family day care home means a home which provides family day care to eight (8) or fewer children, including children under the age of twelve (12) who reside at the home.

Farm animal means any animal, other than wild or exotic, customarily kept or raised by humans for companion and/or commercial purposes.

Farm family dwelling means an additional single-family dwelling incidental to the main dwelling in terms of size, location and architecture which is not leased, subleased, rented or subrented separately from the main dwelling nor divided by sale, and which is inhabited by a member of the farm operator's family.

Farm retail sales facility means a small-scale retail facility for year-round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator, and pre-packaged goods processed from onsite agricultural production, excluding alcoholic products. Examples include dairy and meat products that require refrigeration. Small-scale farm retail sales must be in compliance with Section 26-88-215 of the County Code. Sampling of products grown or processed on-site may be allowed with a Retail Food Facility Permit. Incidental sales of merchandise or goods not produced onsite is limited to ten percent (10%) of the floor area up to a maximum of fifty (50) square feet. See also Tasting Room or Farm Stand.

Farm stand means an area for the temporary or seasonal sales and promotion of agricultural products that are grown or raised on the site and pre-packaged, shelf stable goods processed from onsite agricultural production, excluding alcoholic products. Examples include: produce, eggs, honey, jams, pickles, nuts, olive oil, and similar products. Farm stands must be consistent with Section 47050 of the Food and Agricultural Code and Section 113778.2 of the Public Health and Safety Code. Sampling of products grown on-site may be allowed with a Retail Food Facility Permit. Incidental sales of merchandise or goods not produced on site is limited to ten percent (10%) of the floor area up to a maximum of fifty (50) square feet. See also Tasting Room or Farm Retail Sales.

Farmstay or Farm Homestay. See "Lodging - Agricultural Farmstay."

Farmworker. See "Agricultural Employee."

Farmworker housing, seasonal. Seasonal farmworker housing means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for not more than one hundred eighty (180) days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations.

Farmworker housing, year-round and extended. Year-round and extended seasonal farmworker housing means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for more than one hundred eighty (180) days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations.

Feed yard/lot means corrals or holding areas for the primary purpose of holding or feeding animals for market and not incidental to a farm or ranch.

Final inspection shall have the same meaning as described in the Uniform Building Code, as modified and adopted in Chapter 7 of this code.

First time home-buyer. As defined by the CDC and set forth in its Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC.

Flood proof structure means a structure which, in the opinion of the chief engineer of the Sonoma County water agency and the county building inspector, is designed and constructed to resist flotation, destruction or major damage by the maximum flood predicted for the structure site.

Flood, selected. "Selected flood" means the magnitude of flood to be used for establishing minimum flood profile levels and designating the outer limits of the part of the flood plain to be regulated, i.e., the outer limits of the floodway (F1) and floodplain (F2) districts. The selected flood shall be determined by the planning commission and the board of supervisors upon recommendation by the chief engineer of the Sonoma County water agency.

Floodway means the portion of the stream channel and the adjacent flood plain that must be reserved in order to discharge the selected flood without cumulatively increasing the water surface more than one foot (1′).

Forest Practice Rules means the California Forest Practice Rules, California Code of Regulations, Title 14, Division 1.5, Chapter 4.

Freestanding commercial telecommunication facility means a telecommunication facility which is operated in whole or part for commercial purposes such as mobile radio services, cellular telephone services, TV and radio broadcast, personal communication services, but which is not affixed, fastened, or joined to a residence, business, or similar structure. A facility which includes an antenna(s) placed upon a tower which is attached to a structure is considered to be a freestanding facility. Telecommunication facilities operated in whole or part by public agencies are included in this category. However, a telecommunication facility installed by a public utility for the sole purpose of monitoring and protecting its gas and electric facilities shall not be considered a telecommunication facility and shall be exempt from the telecommunication standards of this chapter.

(a)

Major Facility. Such facility which involves a combination of towers and antennas greater than one hundred thirty feet (130′) in height.

(b)

Intermediate Facility. Such facility which involves a combination of towers and antennas greater than forty feet (40′) and less than or equal to one hundred thirty feet (130′) in height.

(c)

Minor Facility. Such facility which involves a combination of towers and antennas less than or equal to forty feet (40′) in height.

Freeway means any expressway or limited access highway, as those terms are defined by the Streets and Highways Code of the State.

Fuel cell. An advanced energy conversion device that combines hydrogen-bearing fuels with airborne oxygen in an electrochemical reaction to produce electricity very efficiently and with minimal environmental effects.

Garage means an accessible and usable covered parking space of not less than ten feet (10′) by twenty feet (20′) for storage of automobiles, such garage to be located on the lot so as to meet the requirements of this chapter for an accessory building.

Garden apartments means an apartment building with a minimum of two thousand (2,000) square feet of building area per dwelling unit together with outdoor living or recreation space with planting and landscaping.

Gasoline service station. A "gasoline service station" is a commercial business which is characterized by the retail sale of gasoline and related petroleum and incidental vehicular products. Where the term "auto service station" or "automobile service station" is referenced in Chapter 25, such terms shall be construed to mean a gasoline service station as defined in this paragraph.

(Ord. No. 3615.)

Geothermal. Natural heat from within the earth, captured for production of electrical power.

Greenhouse: A permanent structure, including glasshouses, conservatories, hothouses, or other similar structures for the covered propagation and growing of plants, constructed with a translucent roof and/or walls.

Guest house means an accessory building to a single family dwelling which consists of a detached living area of a permanent type of construction. A guest house may contain a full or half bathroom, but may not contain provisions for appliances or fixtures for the storage and/or preparation of food, including, but not limited to, refrigeration, dishwashers or cooking facilities. The building shall not be leased, subleased, rented or sub-rented separately from the main dwelling except that a legal, fully permitted guest house may be used as a hosted rental as provided for under 26-88-118 (Hosted Rentals). The floor area of a guest house shall be a maximum of six hundred forty (640) square feet. Floor area shall be calculated by measuring the exterior perimeter of the guest house and the length of any common walls. In the case of straw bale or similar construction, floor area may be calculated using interior dimensions. For the purpose of calculating the maximum size of a guest house, any storage area attached to the guest house, excluding garage, shall be included. A guest house shall be located closer to the primary dwelling on the subject lot than to a primary dwelling on any adjacent lot. The guest house shall not be located more than one hundred feet (100′) from the primary dwelling on the subject lot, except where the planning director determines that a greater setback is appropriate in light of topography, vegetation or unique physical characteristics.

Hardrock quarry operations means processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits.

(Ord. No. 3465.)

Height of buildings means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

Hog or pig farms, commercial. "Commercial hog or pig farms" means the keeping of more than six (6) adult swine (i.e., boars and sows) on the premises.

Home occupation is the conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling, with the business activity being subordinate to the residential use of the site. All home occupations shall be conducted in accordance with Section 26-88-121.

Hoop house - Cannabis: A temporary structure used for season extension or crop protection erected for less than one hundred eighty (180) days where the material covering the structure is removable. Hoop houses do not have any electrical components, such as ventilation or artificial lighting, and are not used for light deprivation.

Hosted rental means a single family dwelling, with an owner in residence, where no more than one (1) bedroom, sleeping area or guest house, is available, used, let or hired out for transient use, subject to standards in Section 26-88-118 (Hosted Rentals and Bed and Breakfast Inns). See also Vacation rentals.

Hotel means any building or portion thereof containing six (6) or more guest rooms each used, designed or intended to be used, let or hired out for occupancy for one (1) or more guests.

Household size, actual. The actual number of individuals in a household that reside full-time in a dwelling unit.

Household size, presumed. The number of individuals equal to the number of bedrooms in the dwelling unit, plus one (1).

Housing opportunity area. A parcel or parcels of land designated by the county for affordable housing in compliance with the General Plan housing element and Section 26.89.050(F).

Hybrid alternative energy facilities. An alternative energy system using one or more renewable fuel sources to provide electricity, gas, or heat energy. Batteries or fuel cells may be a part of a hybrid alternative energy facility.

Important farmland. Lands mapped by the state Farmlands Mapping and Monitoring Program (FMMP) as Prime Farmland, Farmland of Statewide Importance, or Unique Farmlands. Does not include lands mapped by the FMMP as Farmlands of Local Importance unless specifically noted.

Incentive. For purposes of Article 89 (Affordable Housing Program Requirements and Incentives), a modification of zoning code requirements (e.g., minimum open space, minimum lot size, setbacks, parking standards); or an allowance of other regulatory incentives or measures granted in exchange for the provision of affordable ownership housing or affordable rental housing pursuant to Section 26.89.060.

Incidental use means a secondary use of land or a building that is developed or conducted so as to not significantly change the character, appearance or operation of the principal use of the building or property located on the same lot.

Indoor recreation means an establishment providing indoor only recreational sports facilities for participants for a fee or admission charge, with limited spectator space. Examples of these uses include: soccer/sports fields, paintball/laser tag, golf driving ranges, rock climbing, martial arts, ice skating and roller skating, gymnastics, ballet, bowling, inflatable play structures, handball/racquetball, archery and shooting ranges, and other indoor sports activities as primary uses. All activities must relate to and utilize the primary sports function of the facility, and not exceed the available parking nor be inconsistent with any other regulation of the County or policy of the County General Plan. No special events or weddings are allowed on site, and no cultural event permits may be applied for on site.

Infill development means a dwelling group, consisting of detached single-family dwellings or manufactured homes, on a single parcel located in an R1 low density residential district. The number of dwelling units within such dwelling group shall not exceed the maximum residential density permitted by the General Plan land use element.

Institution use means any use, commonly consisting of offices, churches, public buildings, financial institutions, etc., whose function does not involve direct on-site sales of products or personal services.

Instream operations means sand and gravel operations which entail the extraction and sale of sand and gravel from stream and river channels.

(Ord. No. 3465.)

Junior accessory dwelling unit. A living space not exceeding five hundred (500) square feet in size and contained entirely within a legally established bedroom within the walls of an existing, fully permitted single-family dwelling. A junior accessory dwelling unit shall include an efficiency kitchen, and may include separate sanitation facilities or share sanitation facilities with the existing structure.

Junkyard means any land or lot where more than one hundred (100) square feet of the area or where any portion of that land or lot which adjoins any public or private street or road is used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

Kennel animal means any dog or cat kept at a commercial kennel or pet fancier kennel.

Kennel, commercial. "Commercial kennel" means any lot or premises on which five (5) or more dogs and/or five (5) or more cats over four (4) months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training. Commercial kennel shall not include a veterinary facility, pet shop, humane society, shelter or the county animal shelter.

Large alcoholic beverage retail establishment means an alcoholic beverage retail establishment with ten thousand (10,000) square feet or more of floor area.

Large collection facility. A "large collection facility" occupies more than five hundred (500) square feet and includes bins, boxes, cans, kiosk-type units, reverse vending machines and other containers or receptacles.

Large single room occupancy facility (SRO facility) means a property containing ten (10) or more single room occupancy (SRO) rooms, which rooms are rented as affordable to very low- or extremely low-income persons, as defined in this section. All SRO facilities shall be provided in accordance with Section 26-88-125, Single room occupancy (SRO) facilities.

Large valley oak means any valley oak having a diameter at breast height greater than twenty inches (20″).

Lead agency means lead agency as defined in Section 15367 of the State CEQA Guidelines.

Light deprivation: The elimination of natural light in order to induce flowering, using black out tarps or any other opaque covering.

Livestock means animals maintained as a source of food or clothing, including bovine and equine animals.

Live/work use is the conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling unit and employees, with the business activities being subordinate to the residential use of the site. Live/work is distinguished from home occupation, primarily in that the use involves more intensive activities and includes employees other than the residents of the dwelling. All live/work uses shall be conducted in accordance with Section 26-88-122.

Local area development guidelines means design and other guidelines for development that apply to a specified community or local area, as a subunit of a planning area, and which provide a greater level of detail or relate special circumstances for use in that area.

Lodging - agricultural farmstay means transient lodging accommodations containing five or fewer guestrooms in a single family dwelling or guest house provided as part of a farming operation, with an on-site farmer in residence, that includes all meals provided in the price of the lodging, and that meets all of the standards in Section 26-88-085.

Lodging - hotel or motel means a building or buildings, or portion(s) thereof, containing six (6) or more guest rooms that are used, designed or intended to be used, let or hired out, for transient occupancy for one (1) or more guests. Hotels and motels have an on-site manager and may include a variety of services in addition to lodging, such as restaurants, meeting facilities, and personal services.

Lot means a legally defined parcel or contiguous group of parcels in single ownership or under single control, usually considered a unit for purposes of development.

Lot, corner. "Corner lot" means a lot, two (2) or more adjacent sides of which abut upon a street.

Lot coverage. Means "Building coverage."

Lot, frontage. "Frontage lot" means the linear measurement of the front lot line.

Lot, key. "Key lot" means an interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.

Lot lines means the property lines bounding the lot.

Lot line, front. "Front lot line" means any of the following: (1) each street lot line of an interior or through lot, (2) either one or the other of the two (2) street lot lines of a corner lot.

Lot line, rear. "Rear lot line" means the lot line opposite and most distant from the front line, where such lot line is not also a street lot line.

Lot line, side. "Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Lot of record means a lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the county recorder's office, or as a lot shown on a recorded parcel map.

Lot width means the least distance between the side lot lines, measured at points midway between the front and rear lot lines. In the case of triangular lots, or lots that are bounded by more than four (4) straight lines, or that have curvilinear side lines, the planning director shall determine the lot width.

Low-income household. A household whose gross annual income does not exceed eighty percent (80%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Lower-income household. Includes "low-income households," "very low-income households" and "extremely low-income households."

Lower level decision maker means the planning director, the design review committee, the board of zoning adjustments, or the planning commission, as appropriate.

Major medical facility means a state-licensed institution which provides intensive professional supervision and/or medically supervised treatment to patients.

Major timberland conversion means a timberland conversion that requires a timberland conversion permit, or is exempt from a timberland conversion permit under Section 1104.2 of the Forest Practice Rule.

Manufactured cannabis means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

Manufactured home means a dwelling unit including mobile homes and factory-built housing as defined in Sections 18210.5 and 19971, respectively, of the California Health and Safety Code.

Marijuana: See Cannabis

Market rate unit. A dwelling unit in a residential project that is not restricted by an affordable housing agreement, and which is not expected to be provided as affordable to an extremely low-, very low-, low- or moderate-income household.

Medical cannabis dispensary includes any association, cooperative, affiliation, or collective of four (4) or more persons where the primary purpose is to provide the lawful distribution of medical cannabis that has been recommended by a licensed physician, in strict accordance with Health and Safety Code Section 11362.5 et seq.

A medical cannabis dispensary does not include dispensing by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses are otherwise regulated by this Code or applicable law:

(a)

A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code Section 1200 et seq.;

(b)

A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code Section 1250 et seq.;

(c)

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code Section 1568.01 et seq.;

(d)

Residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code Section 1569 et seq.;

(e)

A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code Section 1725 et seq.;

(f)

A qualified patient(s primary place of residence.

Medical cannabis dispensary, Level 1 means a dispensary of not more than one thousand (1,000) square feet, which has less than three hundred (300) patients, where no more than twenty (20) patients per business day are served.

Medical cannabis dispensary, Level 2 means a dispensary which has over two hundred ninety-nine (299) patients, and/or which is located in a facility of greater than one thousand (1,000) square feet, and/or which serves more than twenty (20) patients per business day.

Medical marijuana: See Cannabis - Medical.

Megawatt (MW). One thousand (1,000) kilowatts. (Example: One (1) megawatt is about the amount of power needed to meet the energy demands of up to seven hundred fifty (750) homes.)

Micro apartment. A small, self-contained living unit that is part of a multifamily housing development and that contains not more than five hundred (500) square feet of living area in a multifamily housing development.

Mini-mart means a commercial business which is characterized by the retail sale of gasoline and related petroleum products in combination with the retail sale of food, beverages, or other nonvehicular related items. A mini-mart does not include gasoline service stations which are solely combined with five (5) or fewer coin-operated, self-serve vending machines which dispense prepackaged food or beverages.

Minor timberland conversion means a timberland conversion that is exempt from a timberland conversion permit under Section 1104.1, subdivision (a), of the Forest Practice Rules.

Mixed-use developments are those developments that combine residential and non-residential uses on the same project site, either vertically (such as when residential uses are located over commercial uses) or horizontally (such as when the street frontage of a site is devoted to commercial uses with residential uses behind). Mixed-use developments feature structural separations between the residential and non-residential spaces to allow the two uses to be rented, leased, sold or occupied separately.

Mobile home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation. Mobile home does not include a recreational vehicle or factory-built housing as defined in Section 19971 of the California Health and Safety Code.

Mobile home park means any area or tract of land used to accommodate two (2) or more mobile homes as single-family residential uses, where those homes are located on individual rented or leased lots consistent with Health and Safety Code Section 18214(c)(1); provided, however, that no area or tract of land zoned for agricultural purposes and used to accommodate two (2) or more mobile homes for the purpose of housing twelve (12) or fewer agricultural employees shall be deemed to be a mobile home park for purposes of this chapter.

Moderate-income household. A household whose gross annual income does not exceed one hundred twenty percent (120%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Multiple-user telecommunication facility means a telecommunication facility which is comprised of multiple towers containing a combination of antennas owned or operated by more than one (1) public or private entity.

Multi-family housing project means rental housing project.

Natural slope means the slope of the ground prior to any grading or other land disturbing activity. Natural slope shall be determined by measuring the horizontal distance between adjacent contours on a USGS quadrangle map or other topographic map acceptable to the county with a scale of not less than 1:24000 (1″ = 2000′) and contour intervals of not more than twenty (20′) feet, and then dividing the difference in elevation between the two contours by the measured horizontal distance. The horizontal distance shall be measured perpendicular to the contours.

Net metering. Contractual agreement or tariff wherein the system owner/generator produces more electricity than is needed to serve the onsite electrical load, and the surplus electricity is supplied to the electrical distribution grid. The owner/generator's utility meter records the difference, or net, between what the utility supplies to the owner/generator and what the owner/generator supplies to the grid.

Noncommercial telecommunication facility means a telecommunication facility which is operated solely for personal use and not for commercial purposes.

Nonconforming use means a lawful use existing on the effective date of a zoning ordinance restriction and continuing since that date in nonconformance to the zoning ordinance restriction.

Nonmanufactured cannabis: Flower, shake, kief, leaf, and pre-rolls.

Nonoperative motor vehicle means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a public street or highway within this state, due to removal of, damage to, or deterioration of, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other component part necessary for such movement or lawful operation. Nonoperative motor vehicle shall not include "vehicles of historic value" as defined by the California Vehicle Code which have current special identification plates as provided herein.

Nonoperative motor vehicle storage yard means the placing on any lot or parcel or contiguous lots or parcels of land one (1) or more nonoperative motor vehicles for a period exceeding fifteen (15) days.

Nonvolatile solvent: Any solvent used in the extraction process that is not a volatile solvent. For purposes of this chapter, 'nonvolatile solvents' include carbon dioxide and ethanol.

Nursery - Cannabis: A person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

Nursery - Retail: An establishment engaged in the propagation of trees, shrubs and horticultural and ornamental plants grown under cover or outdoors for sale to the public. Includes commercial scale greenhouses and establishments for the sale of plant materials, lawn and garden supplies, and related items. Retail nursery does not include cannabis nurseries which are classified separately.

Nursery - Wholesale: An establishment engaged in the commercial production of trees, plants, seeds, stock, and other vegetation grown on site outdoors either in the ground or in containers for wholesale distribution to other businesses. Wholesale nursery does not include cannabis nurseries which are classified separately. Wholesale nursery may include greenhouses up to two thousand five hundred (2,500) square feet in size.

Nursery - Wholesale greenhouse: An establishment engaged in the commercial production of trees, plants, seeds, stock, and other vegetation grown within a commercial greenhouse for wholesale distribution to other businesses. Wholesale greenhouse nursery does not include cannabis nurseries which are classified separately.

Objectionable activity means and includes disturbing the peace, illegal drug activity, prostitution, public drunkenness, drinking in public, harassment of passersby, littering, loitering, illegal parking, loud noise between 10:00 p.m. and 7:00 a.m., lewd conduct, or any activity that results in detention or arrest by law enforcement officers.

Old growth redwood means any redwood tree over two hundred (200) years old.

Open areas means those areas suitable for common recreational use or which provide visual relief to developed areas, exclusive of flood control channel rights-of-way, areas devoted to parking, vehicular traffic or private use, and any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding environment. Open areas may include areas in private lot ownership, provided, that such areas are not fenced. The boundaries of open areas shall be treated as property lines in determining required rear and side yard setbacks.

At least fifty percent (50%) of the required open area shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than fifty feet (50′) in width nor five thousand (5,000) square feet in area.

Outdoor advertising sign means any card, cloth, paper, metal, painted or wooden sign of any character (excluding appurtenant and directional signs) placed for outdoor advertising purposes, on the ground or onto any tree, wall, bush, rock, post fence, building, structure or thing. The term "placed," as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

Outdoor advertising structures means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed for advertising purposes. The term placed, as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

Outdoor vendor means the sale of articles and agricultural or horticultural commodities on a small scale for profit or livelihood, not conducted within a building, but not including the sale of lumber or other building material.

(Ord. No. 3348.)

Ownership housing project means a project of two (2) or more units, whether attached or detached, when those units are each placed on individual or air-space lots such that each individual unit may be owned separately.

Parking spaces means usable off-street area with independent access, not included within established front-yard setback, at least nine feet (9′) by twenty feet (20′) for diagonal or perpendicular vehicle parking, or at least eight feet (8′) by twenty-two feet (22′) for parallel vehicle parking.

Permanent supportive housing means rental housing with no limit on length of stay, occupied by a special needs population as set forth in the housing element, which is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Permit, use. "Use permit" means a permit issued after public hearing by the board of zoning adjustments or planning commission as the case may be, that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

Permit, zoning. "Zoning permit" means a permit issued by the planning director, that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

Person: An individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit, and the plural as well as the singular.

Pet fancier facility means any lot or premises on which five (5) or more but not exceeding ten (10) dogs and/or five (5) or more but not exceeding ten (10) cats over four (4) months of age are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises. No pet fancier facility shall be located on any lot or premises less than one (1) acre in size. No pet fancier facility shall sell, display, offer for sale, barter or give away more than four (4) litters of puppies and/or four (4) litters of kittens in any calendar year.

Photovoltaic (PV). A technology that uses a semiconductor to convert sunlight directly into electricity.

Planned developments means a real estate development other than a community apartment project, a stock cooperative or a cooperative, or a condominium and which is more particularly defined in Sections 11003 and 11003.1 of the California Business and Professions Code and subsequent amendments thereto, and having either or both of the following features:

(a)

Any contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas consisting of areas or facilities the beneficial use and enjoyment of which is reserved to same or all of the owners of separately owned lots, parcels or areas;

(b)

Any power existing to enforce any obligation in connection with membership in the owners association, or any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interests in, either the separately or commonly owned lots, parcels or areas by means of a levy or assessment which may become a lien upon the separately owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.

Planning department for purposes of this chapter is the permit and resource management department.

Planning director for purposes of this chapter is the director of permit and resource management department.

Premises - Cannabis: The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or person holding a valid permit where commercial cannabis activity will be or is conducted.

Primary caregiver has the same meaning as Health and Safety Code Section 11362.7(d), as may be amended.

Primary owner means the property owner who resides in the property for a majority of the year, and does not have another primary residence. Primary owner does not include residences or condominiums owned as a timeshare, limited liability partnership or corporation, or fractional ownership of six (6) or more interests.

Prime soils means soils classified by the United States Department of Agriculture Soil Conservation Service as Class I or Class II.

Principal residence. The place where one actually lives for the greater part of the time, or the place where one remains when not called elsewhere for some temporary or special purpose, and to which one returns frequently and periodically, as from work or vacation.

Process, processing, or processes - Cannabis: All activities associated with drying, curing, grading, trimming, rolling, storing, packaging, and labeling of nonmanufactured cannabis.

Processing services means support services which are related to and necessary for agricultural processing activities.

Processing, timber. "Timber processing" means initial on-site activities and mill activities which transform the resource to a finished product.

Professional offices means buildings, structures or establishments for the purpose of establishing or maintaining offices for doctors, attorneys, registered engineers or architects, licensed surveyors, accountants or realtors, but not including barbers, beauticians, cosmetologists or other service establishments.

Protected perimeter means the tree dripline.

Protected tree means Big Leaf Maple Acer macrophyllum , Black Oak Quercus kelloggii , Blue Oak Quercus douglasii , Coast Live Oak Quercus agrifolia , Interior Live Oak Quercus wislizenii , Madrone Arbutus menziesii , Oracle Oak Quercus morehus , Oregon Oak Quercus garryana , Redwood Sequoia sempervirens , Valley Oak Quercus lobata , California Bay Umbellularia california and their hybrids.

Protected tree of special significance means Valley Oak Quercus lobata.

Public garage means any premises, except those herein defined as a private or storage garage, used for the storage or care of motor vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale.

Public service use or facility means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, utilities, hospitals, or other public service uses.

Public use or facility means a use operated exclusively by a public body, to serve the public health, safety or general welfare, including uses such as public schools and universities, parks, playgrounds, hospitals and administrative and service facilities.

Qualified patient has the same meaning as Health and Safety Code Section 11362.7(f), as may be amended.

Qualifying unit. An affordable housing unit or special needs housing unit that qualifies a project for a density bonus pursuant to Section 26.89.050 (Density bonus programs).

Quasi-public use or facility means a use operated by a private nonprofit, educational, religious, charitable or medical institution, having the primary purpose of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals and the like.

Recyclable material is reusable material including but not limited to aluminum, glass, plastic and paper which are intended for reuse, remanufacture, or reconstruction in altered form. Recyclable material includes used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(f) of the California Health and Safety Code.

Recycling facility. "Recycling facility" means a center for collection and/or processing of recyclable materials.

Recycling collection facility. "Recycling collection facility" means a center for the acceptance of recyclable materials and includes reverse-vending machines, small collection facilities and large collection facilities.

Recycling processing facility. "Recycling processing facility" means a building or enclosed space used for the collection and processing of recyclable material and/or used motor oil, by such means as flattening, sorting, compaction, bailing, shredding, grinding and crushing. "Processing" includes the following:

(a)

Light processing facilities have up to forty-five thousand (45,000) square feet of gross collection. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers;

(b)

Heavy processing facilities are all other processing facilities other than a light processing facility.

Registered professional forester means registered professional forester as defined in Section 895.1 of the Forest Practice Rules.

Rental housing project means a project of two (2) or more units on a single lot, such that the individual units cannot be separately owned.

Residential density. The maximum number of dwelling units per acre or the minimum number of acres per dwelling unit as permitted in the applicable zoning district.

Residential development , as used in Section 26-88-010(k), is defined as a project, a group of projects being developed simultaneously by the same developer within the same unincorporated planning area, including condominium conversion, that contains five (5) or more dwelling units or parcels. A residential development may include one (1) or more housing types designed for permanent occupancy including, but not limited to, single-family dwellings and/or multiple-family dwellings (both ownership and rental), and condominium conversion. A residential development may also include a land division within the urban unincorporated area, proposed with the intent to facilitate future housing construction.

Residential - dwelling unit means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one (1) kitchen, which constitute an independent housekeeping unit, occupied by or intended for one (1) household on a long-term basis. Dwelling unit does not include a tent, travel trailer, recreational vehicle or similar vehicle or structure.

Residential project. For the purposes of Article 89 (Affordable Housing Program Requirements and Incentives), one (1) or more dwelling units on a single site, including residential units provided within a mixed-use development.

Resocialization facility means a facility, including but not limited to a single-family residence which provides adult supervision and residence services to six (6) or less individuals who are not related to the resident household, and who are mentally handicapped and may be receiving some case work services from psychiatric social workers or welfare workers. A resocialization facility may be a licensed or unlicensed home for persons who are placed in or referred to the facility by a state agency.

Resource agency: A federal or state agency having jurisdiction by law over natural resources affected by an activity or use. Resource agencies include the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, NOAA Fisheries, California Department of Fish and Wildlife, North Coast and San Francisco Bay Regional Water Quality Control Boards, State Water Resources Control Board, and other similar federal and state agencies.

Rest home means a structure for housing ambulatory guests and requiring a license from another agency.

Restoration: Actions taken with the primary goal to maintain, improve, or restore physical, chemical, and biological functions of a stream, wetland, or other sensitive habitat.

Reverse vending machine means a mechanical device which accepts and temporarily stores one or more types of empty beverage containers, including aluminum cans, glass and plastic bottles and cartons and issues a cash refund or redeemable credit slip with a value not less than the container's redemption value.

Review authority: The individual or official county body (the Director, Commission, or Board) and others as identified in the county code as having the responsibility and authority to review and approve or deny land use permit applications.

Riparian corridor: The area occupied by a river or stream and related plant and animal communities.

Riparian corridor, 50-foot: A riparian corridor with a streamside conservation area of 50 feet on each side of a designated stream measured from the top of the higher bank.

Riparian corridor, 100-foot: A riparian corridor with a streamside conservation area of 100 feet on each side of a designated stream measured from the top of the higher bank.

Riparian corridor, 200-foot: A riparian corridor with a streamside conservation area of 200 feet on each side of a designated stream measured from the top of the higher bank.

Riparian functions: The beneficial uses of areas in and along streams, including: providing food, water, and breeding, egg deposition and nesting areas for fish, amphibians, reptiles, birds, insects, and mammals; providing protective cover, shade and woody debris to stream channels as habitat for coho salmon, steelhead, freshwater shrimp, and other protected and common aquatic-dependent species; providing movement opportunities, protective cover, and breeding, roosting, and resting habitat for terrestrial wildlife; filtering sediment and pollutants in runoff into streams; providing erosion protection for stream banks; and facilitating groundwater recharge.

Riparian tree: A woody perennial plant growing in a riparian corridor, typically larger than fourteen (14) feet at maturity with a well-defined stem and definite crown having a single or multi-trunk structure, with a minimum diameter at breast height of two (2) inches for a single stem or aggregate of multi-trunk stems of five (5) inches, and a minimum height of ten (10) feet.

Riparian vegetation: Plant communities contiguous to and affected by surface and subsurface hydrologic features of water bodies (rivers, streams, lakes, or wetlands) that have one (1) or both of the following characteristics: 1) distinctly different vegetative species than adjacent areas, and 2) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian vegetation is usually transitional between wetland and upland.

River terrace operation means sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

Roof means the exterior surface on the top of a building or structure, as shown in the accompanying illustration.

Roof Structure Ridgeline

Scenic corridor means as designated on Figure OS-2 of the General Plan open space element, a strip of land of high visual quality along a certain roadway.

Scenic highway means those roadways in Sonoma County that have been so designated by the state of California.

Seasonal farmworker housing means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for not more than one hundred eighty (180) days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations.

Secondary use means a use of land or a building that is subordinate to, but may be different from the primary use of the land or building located on the same lot.

Senior household. A household with at least one (1) person who is sixty-two (62) years of age or older.

Silent second mortgage. See "Deferred-payment subordinate loan."

Silhouette means a calculation of the exposed surface area of the towers and antennas associated with a telecommunication facility, as seen from an elevation perspective, as shown in the accompanying illustration.

The silhouette is a calculation of the physical surfaces of the combined tower and antenna(s) included in a telecommunication facility. Only the physical surfaces, and not the air spaces in between, are counted in the calculation. The silhouette calculation is measured from the viewing angle which presents the largest exposure from an elevation perspective.

Single room occupancy (SRO) room means a living unit intended for occupancy by not more than two (2) persons, with a minimum floor area of one hundred fifty (150) square feet. Single room occupancy units may have partial kitchen and/or bathroom facilities pursuant to H & S Code Section 17958.1. (See also Efficiency dwelling unit, Large single room occupancy (SRO) facility, Small single room occupancy (SRO) facility.)

Site Class I timberland means Site Class I timberland as defined in Section 1060 of the Forest Practice Rules.

Site Class II timberland means Site Class II timberland as defined in Section 1060 of the Forest Practice Rules.

Site classification means site classification as defined in Section 4528 of the Public Resources Code.

Site coverage. The percentage of total lot area encumbered by impervious surfaces, including all structures, buildings and paved or compacted driveways, parking areas, patios and walkways and similar features.

Slope means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (e.g., 2:1) or as a percentage (e.g., fifty percent (50%)).

Sludge means solid material produced through sewage treatment processes.

Small alcoholic beverage retail establishment means an alcoholic beverage retail establishment with less than ten thousand (10,000) square feet of floor area.

Small collection facility means a small collection facility which occupies an area of not more than five hundred (500) square feet and includes:

(a)

Reverse vending machines occupying more than fifty (50) square feet;

(b)

Bins, boxes, cans, kiosk-type units and other containers or receptacles; and/or

(c)

A properly licensed automobile, truck, trailer or van.

Small-scale homeless shelter means a residential or mixed-use structure which provides temporary or transitional housing for up to ten (10) persons, and may include support services for the residents.

Small single room occupancy facility (SRO facility) means a property containing at least two (2) but not more than nine (9) single room occupancy (SRO) rooms, which rooms are rented as affordable to very low- or extremely low-income persons, as defined in this section. All SRO facilities shall be provided in accordance with Section 26-88-125, Single room occupancy (SRO) facilities.

Small valley oak means any valley oak having a diameter at breast height twenty inches (20″) or less.

Small wind energy system means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce onsite consumption of utility power.

Soils, highly erodible: Soils in the Diablo, Dibble, Goldridge, Laughlin, Los Osos, Steinbeck, and Suther soil series as mapped by the U.S. Department of Agriculture.

Soils, less erodible: Any soils that are not highly erodible soils.

Solar energy system. An system of photovoltaic cells, panels or arrays designed to collect and convert solar power into energy for onsite use. See also Accessory Renewable Energy System.

Solar thermal electric. The conversion of sunlight to heat and its concentration and use to power a generator to produce electricity. Typically, solar concentrators boil water with focused sunlight, generating high-pressure steam which drives conventional turbine generators.

Specified anatomical areas means (1) less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, (2) human male genitals in a discernibly turgid state whether or not opaquely covered.

Specified sexual activities means (1) human genitals in a state of sexual stimulation or arousal, (2) acts of human masturbation, sexual intercourse, sodomy or bestiality, (3) fondling or other erotic handling of human genitals, pubic region, buttock or female breast.

Stable, commercial. "Commercial stable" means housing for horses owned and used by someone other than the occupant or owner of the residence and including related shows, lessons, clinics and similar activities.

State CEQA Guidelines means the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. State stocking standards means stocking standards as defined in Section 895.1 of the Forest Practice Rules.

Street means a public or private thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley as defined herein.

Street line means the boundary between a street and property.

Structure means anything constructed or erected, the use of which requires location on the ground attachment to something having location on the ground.

Structural alterations means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Structure ridgeline means the long, narrow crest at the top of the juncture of two (2) or more surfaces making up the roof of a building or structure, as shown in the accompanying illustration.

Roof Structure Ridgeline

Tasting room means a retail food facility in which one (1) or more agricultural products grown or processed in the county may be tasted and sold. Agricultural products sold may include alcoholic beverages.

Telecommunication facility means a facility that sends and/or receives electromagnetic signals, including antennas and towers to support receiving and/or transmitting devices along with accessory structures, and the land on which they are all situated.

Timber means those species of trees listed as commercial species for the Coast Forest District, Group A, in Section 895.1 of the Forest Practice Rules.

Timber harvesting plan means a timber harvesting plan approved by the Director of the California Department of Forestry and Fire Protection, or by the State Board of Forestry and Fire Protection upon appeal, pursuant to Section 1032 et seq. of the Forest Practice Rules.

Timberland means timberland as defined in Section 1100 of the Forest practice Rules.

Timberland conversion means timberland conversion as defined in Section 1100 of the Forest Practice Rules, except that timberland conversion shall not include the conversion of less than three (3) acres of timberland for the purpose of constructing a structure in accordance with a valid building permit where the conversion is limited to the cutting and removal of the minimum number of trees necessary to accommodate the structure and related improvements.

Timberland conversion permit means a timberland conversion permit issued by the Director of the California Department of Forestry and Fire Protection, or by the State Board of Forestry and Fire Protection upon appeal, pursuant to Section 1100 et seq. of the Forest Practice Rules.

Timber operations means timber operations as defined in Section 4527 of the Public Resources Code.

Timber production means growing and harvesting timber for commercial purposes.

Tower means the support structure, including guyed, monopole and lattice types, upon which antennas are located as part of a telecommunication facility or upon which a wind turbine (or other mechanical device) is mounted as part of a small wind energy system.

Tower height means the height above grade of the fixed portion of the tower, excluding any telecommunication antennas or a wind energy system or its blades.

Transient use or transient occupancy means occupancy of a lodging facility or residence by any person other than the primary owner by concession, permit, right of access, license, gift or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.

Transitional housing means supportive housing for persons or families in transition from homelessness to permanent housing. A homeless person or family may live in a transitional unit for a period of from six (6) months to two (2) years while receiving supportive services that enable independent living, after which time the assisted unit shall recirculate to another eligible recipient.

Travel trailer means a vehicle, other than a motor vehicle or mobile home which is designed or used for human habitation and for travel or recreational purposes, which is not more than eight feet (8′) in width and is less than forty feet (40′) in length, and which may be moved upon a public highway without special permit or chauffeur's license or both, without violating any provision of the Vehicle Code of the state.

Travel trailer park or recreational trailer park means any area or tract of land where one (1) or more lots accommodate owners or users of travel trailers used for travel or recreational purposes wherein occupancy by any one individual does not exceed ninety (90) consecutive days in any one (1) calendar year.

Tree means a healthy living large woody plant which ordinarily has a central trunk and at maturity exceeds a height of fourteen feet (14′).

Truck or equipment terminal or depot means a space, area or building designed, equipped or maintained for the parking or storage of two (2) or more trucks, vehicles or equipment other than private automobiles or farm vehicles or equipment used incidental to agricultural uses on the premises.

Universal design means an environment designed and built to be accessed and used by all persons, regardless of ability or mobility. See also Universally Designed Housing.

Universally designed housing means housing units that are designed and built to be fully functional for all persons in all stages of life, regardless of ability or mobility. To be considered a Universally Designed Housing Unit, a home must at a minimum meet the three basic tenets of residential universal design: at least one stepless entry on an accessible path of travel; a complete livable entry floor, including 32" clear width doorways & hallways, a ¾ or full bathroom with either a 60" turning radius or a 36" t-turn configuration, and a bedroom or flexroom on the entry level; and the provision of all environmental controls at accessible heights. The inclusion of optional universal design components, as established by AB 2787 (2010) in Section 17959 of the Health & Safety Code, is strongly encouraged. Housing units that are constructed as accessible under the ADA shall be considered to already meet the minimum criteria for universal design.

Upland area: An area with less erodible soils and a natural slope steeper than fifteen percent (15%), or highly erodible soils and a natural slope steeper than ten percent (10%).

Urban service area means an area designated in the General Plan within which the full range of public services and infrastructure, such as sewer, water, police and fire protection, roads and transit, and other services necessary for urban development are available or planned to be available. The area bounded by an urban service boundary.

Urban service boundary means a designated limit to the urban development of cities and unincorporated communities of the county.

Use, accessory. "Accessory use" means a use incidental and accessory to the principal use of a lot or a building located on the same lot.

Vacation rental means a dwelling unit, or a dwelling unit and a guest house intended for permanent occupancy that is available, used, let or hired out for transient occupancy by any person other than the primary owner; or is otherwise occupied or utilized on a transient basis. Vacation rental does not include occasional home exchanges that are not otherwise subject to transient occupancy tax, hosted rentals, or a bed and breakfast inn.

Valley oak means Quercus lobata , a member of the white oak group whose acorns form and ripen in one (1) growing season and are relatively large and oblong in shape, whose leaves are deciduous and are lobed to deeply lobed, and whose bark is checkered to deeply checkered.

Valley oak woodland means habitat that varies from savanna-like to forest-like stands with partially closed canopies, where valley oaks are the dominant native tree species.

Vegetation removal: The cutting, breaking, burning or uprooting of vegetation, the application of herbicide to vegetation, the covering over of vegetation with earth, or the compacting of the soil under and around vegetation. For the purposes of this chapter, vegetation means all natural, non-cultivated plant life including the root system, stem, trunk, crown, branches, leaves or blades.

Very low-income household. A household whose gross annual income does not exceed fifty percent (50%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

Veterinary clinic means a facility for the provision of medical services for animals, unless otherwise specified, including incidental retail sales of pharmaceuticals for the health care of the animals. Animals may be kenneled on site.

Volatile solvent: Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

Wind energy conversion system means a machine used to convert the kinetic energy of the wind into a usable form of electrical energy, including wind turbine generators, rotors, and blades.

Wind energy system height means the height above grade of the fixed portion of the tower including the vertical length of any extensions such as the rotor blade.

Work/live unit. A single unit comprised of one (1) or more rooms, occupied and utilized by a single household, which accommodates both work activity and residential occupancy, in which the working space is predominant and the residential facilities secondary, and which includes:

(a)

Working space reserved for and regularly used for commercial or industrial use by one (1) or more residents of the unit; and

(b)

Complete residential cooking, sleeping and sanitary facilities in compliance with all applicable building codes.

Yard means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.

Yard, front. "Front yard" means a yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest lines of the building; provided, that if any building line or official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building.

Yard, rear. "Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

Yard, side. "Side yard" means a yard between the line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

Year-round or extended seasonal farmworker housing means any housing accommodation or structure of a temporary or permanent nature used as housing for farmworkers for more than one hundred eighty (180) days in any calendar year and approved for such use pursuant to Title 25 of the California Code of Regulations.

Zoning district means a portion of the county within which certain uses of land and buildings are specified and within which certain yards and other open areas are required and certain height limits are established for buildings, all as set forth and specified in this chapter.

(Ord. No. 6247 , § II(Exh. A), 10-23-2018; Ord. No. 6245 , § II(Exh. A), 10-16-2018; Ord. No. 6191 , § IV(Exh. C), 1-24-2017; Ord. No. 6189 , § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, § II(Exh. B) , 1-5-2016; Ord. No. 6145, § II(Exh. A) , 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B), 1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)