§ 26C-12. Definitions.

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

"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.

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

(a)

Adult bookstore: 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 (50%) percent of the total floor area of the establishment to the sale of books and periodicals.

(b)

Adult motion picture theater. 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" shall mean the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

(c)

Adult motion picture arcade. 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" shall mean the presentation of activities described above for viewing on more than fifty percent (50%) of the operating time.

(d)

Adult cabaret. 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" shall mean the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

(e)

Adult theater. 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" shall mean the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

(f)

Massage establishment.

(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 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 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. Any business not otherwise herein defined or identified which involves "specified sexual activities" or display of "specified anatomical areas".

"Affordable housing project" means a project which is granted a density bonus or increase, or other concession or incentive in exchange for the provision of affordable housing.

"Affordable ownership housing" means home ownership housing which costs not more than thirty percent (30%) of the maximum income as established by the U.S. Department of Housing and Urban Development for very low, lower, and moderate income households, adjusted for household size; assuming that household size will equal the number of bedrooms contained in the unit, plus one.

"Affordable rental housing" means rental housing which costs not more than 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 lower 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; assuming that the household size will equal the number of bedrooms contained in the unit, plus one (1).

"Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing or by other appropriate means prior to action on a coastal permit informed the county of his concerns about an application for such permit, or, who for good cause was unable to do either, and who objects to the action taken on such permit and wishes to appeal such action to a higher authority.

"Agricultural cultivation" means the act of preparing the soil for the raising of agricultural crops.

"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.

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

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

"Antenna, vertical" 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 dwelling units.

"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 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."

"Bed and breakfast inn" means a bed and breakfast inn is any building or portion thereof containing no more than five (5) guest rooms used, let or hired out for occupancy of one (1) or more guests. No restaurant is permitted. Food service is limited to breakfast served to overnight inn guests only.

"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 house" means a dwelling other than a guest ranch, inn, hotel, residential community care or resocialization facility as herein defined, where lodging and meals for three (3) or more unrelated persons are provided for compensation.

"Building." See "Structure."

"Building, accessory" 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 envelope" means a defined location or locations on a lot.

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

"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 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" 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" 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.

"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 a current certificate from the International Society of Arboriculture.

"Childcare facility" means a facility which provides non-medical 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.

"Change of use" means the replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business or other function is substantially unchanged.

"Coastal commission" means the California Coastal Commission.

"Coastal permit" means a letter or certificate issued by the county of Sonoma in accordance with the provisions of this chapter, approving a project in the CC combining district as being in conformance with the coastal program. A Coastal Permit includes all application materials, plans and conditions on which the approval is based.

"Coastal plan" means the Sonoma County Coastal Plan certified by the California Coastal Commission on December 2, 1980, and as may be subsequently amended.

"Coastal program" means the county's land use plans, zoning ordinances, zoning maps and implementing actions certified by the coastal commission as meeting the requirements of the California Coastal Act of 1976.

"Coastal zone" means the portion of the coast, as established by the Coastal Act of 1976 and as officially mapped by the coastal commission, and as it may subsequently be amended, which lies within the county of Sonoma.

"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 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.

"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 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.

"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.

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

"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-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 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.

"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 drip line, changing the natural grade, interfering with the normal water requirements of the tree, trenching or excavating within the drip line, 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.

"Diameter at breast height" or "d.b.h." means trunk diameter measured at four and one half feet (4 ½′) above ground. For trees which are multi-stemmed at this height, the d.b.h. measurement equals the total diameter of trunks which, if combined, are equal to or greater than the minimum size stipulated.

"Density bonus" means a density increase of at least twenty-five percent (25%) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan. In the coastal zone, the otherwise maximum allowable residential density shall mean the maximum density determined by applying all site-specific environmental constraints applicable under the Coastal Plan and coastal zoning ordinance certified by the coastal commission (see "residential density").

"Density bonus unit" means a dwelling unit within a residential development, which has been granted to the developer in exchange for having met the requirements of this chapter.

"Disabled household" means a household with at least one (1) person who has a physical or mental impairment that substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

"Development" means, on and, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other subdivision of land, change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z′berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

"Development incentive" means waiver or reduction of impact/mitigation fees, parkland dedication, open space provisions, parking standards, off-site public improvements or other development requirements determined by the permit and resource management department to be of equivalent financial value to the density bonus based upon proof submitted by the applicant with verification by certified appraisal or financial analysis.

"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.

"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.

"Domestic animals" means animals normally maintained in the home as pets.

"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.

"Dwelling groups" means a group of two or more detached or semi-detached, one 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 family or triplex or apartment house" means a building or portion thereof used and designed as a residence for three 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 family or duplex" means a single building containing not more than two kitchens, designed or used to house not more than two families, living independently of each other, including all necessary employees of each such family.

"Dwelling unit" means a permanent building or portion thereof including manufactured and mobile homes designated or used exclusively as the residence, sleeping room or quarters with kitchen facilities which constitutes an independent housekeeping unit, for one or more persons. Dwelling unit does not include a tent, travel trailer, recreational vehicle, or similar vehicle or structure.

"Dwelling unit, second" means an attached or detached residential dwelling unit provided in compliance with Sections 26-88-060 and 26C-325.1, 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 (Government Code § 65852.2). A second dwelling unit may also be provided as an efficiency dwelling unit (Health & Safety Code § 17958.1) and/or a manufactured home (Health & Safety Code § 18007), as defined in this section.

"Efficiency dwelling unit" means a small, self-contained dwelling unit of not less than two hundred twenty (220) square feet of floor area. An additional one hundred (100) square feet of floor area shall be provided for each occupant of such a unit in excess of two (2). 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 (2001 CBC 310.6.3):

(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.

"Emergency" means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential services.

"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.

"Ethanol production" means the process of distilling ethyl alcohol into fuel.

"Excavation" means the mechanical removal of earth material.

"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.

"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 sub-rented separately from the main dwelling nor divided by sale, and which is inhabited by a member of the farm operator's family.

"Farmstay" or "farm homestay." See "Lodging - Agricultural farmstay."

"Farmworker." See "Agricultural employee."

"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.

"Fill" means a deposit of imported material placed by artificial means, including movement of materials from one (1) portion of a site to another and pilings in a submerged area.

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

"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" 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 (1′) foot.

"Free-standing 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 free-standing 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 ordinance.

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

"Intermediate facility" means 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.

"Minor facility" means 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.

"Garage" means an accessible and usable covered parking space of not less than ten feet by twenty feet (10′ X 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.

"Gasoline service station" means 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.

"Grading" means any excavating or filling or combination thereof.

"Guest house" means an accessory building which consists of a detached living area of a permanent type of construction with no 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. 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.

"Height of buildings" means height for all structures is measured as 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. Where this requirement conflicts with the height, sight, and bulk criteria in Appendix B (Bane Bill) of the Coastal Plan, for those properties listed, the requirements of Appendix B shall be followed.

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

"Home occupation" means any activity which results in a product or service not used in its entirety by the family group and which is carried on in a residence and which meets all of the following criteria:

(a)

The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;

(b)

The use is conducted entirely within a dwelling and is carried on by the inhabitants thereof;

(c)

The use does not appreciably change the character of the dwelling or adversely affect the use permitted in a residential district. No home occupation shall be permitted when the same is objectionable due to noise, dust, smoke, odor, or other causes;

(d)

Not more than eight (8) customers or clients shall come to the dwelling unit for service or products during any one (1) day, nor will the use create substantial additional traffic or require additional parking spaces;

(e)

No persons are employed other than those necessary for domestic purposes;

(f)

Not more than one quarter of the total floor space of the dwelling is used for such use;

(g)

The entrance to the space devoted to such use is from within the building and no internal or external alterations or construction features not customarily found in dwellings is involved.

(h)

Signing shall be limited to one attached, non-illuminated, two (2) square foot sign.

(i)

No commercial vehicle used shall be un-garaged except that a single one ton or smaller truck may be un-garaged so long as signs on the truck are limited in size to normal logos found on business vehicles.

Each person proposing to conduct a home occupation shall submit a zoning permit application for a home occupation to the permit and resource management department which describes the nature and extent of the proposed home occupation. The director of the permit and resource management department may require the written consent of adjacent property owners or a use permit where it is determined that the proposed home occupation might be incompatible with the particular neighborhood.

"Hotel, guest ranch, inns" 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. Guest ranches and/or inns may provide dining to overnight guests. Guest ranches and/or inns may provide dining to a limited number of patrons, other than overnight guests, with a use permit in accordance with the provisions of the applicable base district.

"Housing opportunity area" means a parcel or parcels of land whereon a project is proposed that provides affordable housing pursuant to General Plan Housing Element Policy HE-2g as modified by the Coastal Plan, Section VII.

"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.

"Incentive" means 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 which can be shown to result in construction cost reductions, without compromising public policy.

"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.

"Junk yard" 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.

"Kennels" means any lot or premises on which five (5) or more dogs or cats at least four (4) months of age are kept, boarded or trained, whether or not in special buildings and runways.

"Large collection facility" means 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.

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

"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.

"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" means a lot, two or more adjacent sides of which abut upon a street.

"Lot coverage" means the percentage of a lot encumbered by structures and areas devoted to vehicular traffic or parking. Driveways surfaced with permeable materials, uncovered decks less than thirty inches (30″) in height, and roof overhangs less than one foot (1′) wide may be excluded.

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

"Lot, key" 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" 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" 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" 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 director of the permit and resource management department shall determine the lot width.

"Low income household" means a household whose gross annual income is between fifty-one (51%) percent and eighty (80%) percent of the median income for the county, as established by the U.S. Department of Housing and Urban Development, adjusted for household size. (Compare to "lower income household")

"Lower income household" means a household whose gross annual income is not more than eighty percent of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

"Lower level decision maker" means the director of the permit and resource managing department, the project review and advisory committee, the design review committee, the board of zoning adjustments, or the planning commission, as appropriate.

"Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars ($100,000.00) in estimated cost of construction.

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

"Major public works project" means any public works project as defined by Public Resources Code Section 30114 and exceeding one hundred thousand dollars ($100,000.00) in estimated cost of construction.

"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.

"Median income" means the median income as established annually and periodically revised by the U.S. Department of Housing and Urban Development (HUD) figure for the standard metropolitan statistical area, if available.

"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 non-vehicular 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 development" means a development which a local government determines satisfies all of the following requirements:

(1)

Is consistent with the certified local coastal program, as defined in Section 30108.6 of the coastal act.

(2)

Requires no discretionary approvals other than a coastal development permit;

(3)

Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

"Minor timberland conversion" means the conversion of less than three (3) acres of timberland not zoned TP (timberland production), whether or not the timberland is a portion of a larger parcel, to a non-timber growing use. Minor timberland conversion shall not include the conversion of timberland for the purpose of constructing a structure in accordance with a valid building permit, provided the conversion only involves the cutting or removal of the minimum amount of timber necessary to accommodate the structure.

"Mobile home" means a structure, transportable in one 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 ten (10) or more mobile homes.

"Moderate income household" means 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.

"Motel" means a group of two (2) or more detached or semi-detached buildings containing guest rooms or apartments and associated parking used primarily for the accommodation of transient automobile travelers.

"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 public or private entity.

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

"Non-conforming use" means a lawful use existing on the effective date of a zoning ordinance restriction and continuing since that date in non-conformance to the zoning ordinance restriction.

"Non-operative 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. Non-operative 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.

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

"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 structure" 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.

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

"Permit, use" 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" means a permit issued by the director of the permit and resource management department, that authorizes the recipient to make use of property in accordance with the requirements of this chapter.

"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.

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

"Principal permitted use" means principal permitted uses are those uses so labeled which are listed under the heading "Uses permitted subject to site development and erosion control standards" within each zoning district, except those as specified in each zoning district. Notwithstanding the above, additional dwellings beyond one single-family dwelling on parcels zoned LIA, LEA, DA, RRD, RRDWA, and TP are not considered to be principal permitted uses.

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

"Processing, timber" 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 drip line.

"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.

"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.

"Recreational vehicle (RV) travel trailer" means a motorized vehicle fit for human habitation and licensed by the department of motor vehicles, commonly known but not limited to house cars, campers, motor homes, travel trailers, camp trailers, and coaches.

"Recreational vehicle (RV) park" means any area or tract of land where one (1) or more lots accommodate owners or users of travel trailers or motor vehicles used for travel or recreational purposes and where occupancy by any one (1) individual does not exceed ninety (90) consecutive days in any one (1) calendar year.

"Recyclable material" means 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" means recycling facility is a center for collection and/or processing of recyclable materials.

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

"Recycling processing facility" means recycling processing facility is 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 shall include 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 a registered professional forester as defined in Title 14, California Code of Regulations, section 895.1.

"Rental control" means a mechanism by which affordable rental units will be maintained in the low and moderate income rental housing stock over time.

"Resale control" means a mechanism by which affordable units will be maintained in the low and moderate income housing stock over time.

"Residential community care facility" means a home licensed by the state which is regularly used as a community care facility, health facility, care facility for the elderly, or alcoholism recovery facility (as defined by the California Health and Safety Code); or facilities for the mentally disordered, handicapped persons, or dependent and neglected children (as defined by the California Welfare and Institutions Code).

(a)

Small residential community care facility: A residential care facility serving six (6) or fewer persons;

(b)

Large residential community care facility: A residential care facility serving seven (7) or more persons.

"Residential density" means the number of dwelling units per acre or the number of acres per dwelling unit as shown in the Coastal Plan.

"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 un-licensed home for persons who are placed in or referred to the facility by a state agency.

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

"Reverse vending machine" means a mechanical device which accepts and temporarily stores one (1) 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.

"Riparian corridor" means a line or belt of vegetation following the course of a river or stream on the immediate banks and appearing visually and structurally separate from the surrounding landscape.

"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.

"Rooming house" means a dwelling other than a hotel, residential community care facility, or resocialization facility where lodging, but not meals, for three (3) or more unrelated persons is provided for compensation.

"Scenic corridor" means as designated on Figure OS-2 of the General Plan open space element, and the Coastal Plan, 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 farm worker housing" means any housing accommodation or structure of a temporary or permanent nature used as housing for farm workers 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.

"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.

"Sludge" means solid material produced through sewage treatment processes.

"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 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.

"Stable, commercial" 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.

"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.

"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.

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

"Tasting room" means a facility in which agricultural products grown or processed in the county may be tasted and sold.

"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 group A commercial species of trees as defined in Title 14, California Code of Regulations, Section 912.

"Timberland" means land which is available for, and capable of, growing timber.

"Timberland conversion" means the conversion of timberland to a non-timber growing use.

"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.

"Transitional housing" means housing for persons or families in transition from a homeless shelter to permanent housing.

"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 (1) individual does not exceed ninety (90) consecutive days in any one 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.

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

"Very low income household" means a household whose gross annual income is not more than 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.

"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.

"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" 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" 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" 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. 5963, § II, 1-31-2012; Ord. No. 5537 § 4(a), 2004; Ord. No. 5429 § 2, 2003; Ord. No. 5343 § 2, 2002; Ord. No. 5318 § 1, 2001.)