This Zoning Ordinance carries out the policies of the Hollister General Plan by classifying and regulating the uses of land and structures within the city of Hollister. This Zoning Ordinance is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare of residents and businesses in the city. More specifically, the purposes of this Zoning Ordinance are to:

A.

Provide standards for the orderly growth and development of the city that will assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design;

B.

Implement the Hollister General Plan by encouraging the uses of land designated by the General Plan and avoiding conflicts between land uses;

C.

Maintain a balanced distribution of land uses throughout the city;

D.

Provide open space resources for passive and active recreational activities and protect the public from natural safety hazards;

E.

Provide a diversity of areas characterized by differing land use activities, scale and intensity, while maintaining community identity and quality development;

F.

Conserve and protect the natural resources of the city;

G.

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

H.

Maintain Hollister as a unique, distinctive and secure environment for the city's residents and businesses.

(Ord. 1038, § 2, 2008)

This section provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other chapters of the City Code, these definitions shall prevail for the purposes of this Zoning Ordinance. If a word is not defined in this chapter, or other chapters of the City Code, the most common dictionary definition is presumed to be correct. Words used in the present tense shall include the future; words used in the singular shall include the plural; the word "shall" or "must" is mandatory, and the word "may" is directory.

A.

Definitions of Specialized Terms and Phrases. The following definitions are in alphabetical order.

Accessory dwelling unit means a second permanent dwelling that is accessory to a legally constructed primary dwelling on the same site in a residential zoning district. A secondary unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Chapter 17.32.

Accessory retail uses means the retail sales of various products (including food) in a store or similar facility that is located within an health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

Accessory use or structure means a use or structure subordinate to the principal use on the same lot as authorized by the specific zoning district and serving a purpose customarily incidental to the principal use, without altering the character of the site or the premises established by the principal use district.

Adult means a person aged 18 or over.

Adult entertainment establishment. See Section 17.22.050.

Affordable housing means a housing units affordable to families earning at or below 120 percent of the county median income, including very low, low, median and moderate income units. The specific affordability levels shall be established by resolution of the City Council.

Agent means a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

Agriculture means farming, dairying, pasturage, apiaries, horticulture, viticulture and animal or poultry husbandry, but not including the commercial feeding of garbage or offal to swine or other animals.

Airport means an area used for aircraft landing, take-off, storage, and maintenance, including appurtenant areas used for airport buildings, aircraft operations and related facilities, including aprons and taxiways, tie-down areas, hangers, control towers, and safety lights, communications equipment, and related structures.

Alley means a public or private roadway that provides vehicle access to the rear or side of lots having other public street frontage and that is not intended for general traffic circulation.

Auto, mobile home, vehicle and parts sales means retail establishments selling or renting new and used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet skis (except bicycles and mopeds, which are included under "Retail Stores, General Merchandise"). Also includes stores selling new parts, tires, and accessories. (Does not include tire recapping establishments, which are found under "Repair and Maintenance—Vehicle"). Does not include businesses dealing exclusively in used parts, which are included under "Recycling, Scrap and Dismantling Yards." Includes repair shops only when part of a dealership selling new vehicles on the same site. Does not include "Service Stations," which are separately defined.

Automatic teller machine (ATM) means a machine used by bank and financial service patrons for conducting automated transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks or in other locations.

Automobile dismantling yard. See "Recycling, Scrap, and Dismantling Yards."

Automobile repair. See "Repair and Maintenance, Vehicle."

Automobile service station. See "Service Station."

Banks and financial services means financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; mortgage brokers; holding (but not predominantly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies. See also "Automatic Teller Machine."

Bars and drinking places means a structure or space within a structure where alcoholic beverages are sold for on-site consumption, separate from a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music or dancing, etc.). May also include beer brewing as part of a "brew pub."

Bed and breakfast inn means a commercial facility designed to appear as a single-family dwelling where bedrooms without individual cooking facilities are rented for overnight lodging. This definition does not include "Hotels and Motels," which are defined separately; rooming and boarding houses, which are included under "Multifamily Housing;" or the rental of an entire residence for 30 days or more.

Building. See "Structure."

Building material stores means a primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail Stores, General Merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Wholesaling and Distribution."

Building site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and use accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by this chapter, and having its principal frontage on a street, road, or highway not to include an alley.

Business support services means establishments primarily within structures, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

♦  Blueprinting

♦  Business equipment repair services (except vehicle repair, see "Repair and Maintenance—Vehicle")

♦  Commercial art and design (production)

♦  Computer-related services (rental, repair)

♦  Copying, quick printing, and blueprinting services

♦  Equipment rental businesses within buildings (rental yards are "storage yards and sales lots")

♦  Film processing laboratories

♦  Heavy equipment repair services where repair occurs on the client site

♦  Janitorial services

♦  Mail advertising services (reproduction and shipping

♦  Other "heavy service" business services

♦  Outdoor advertising services

♦  Photocopying

♦  Photofinishing

♦  Protective services (other than office related)

♦  Soils and materials testing laboratories

♦  Window cleaning

Caretaker and employee housing means a temporary or permanent residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

Cargo container. See "Shipping Container."

Carport means a detached structure enclosed on two or fewer sides without a door used for storage of vehicles used by occupants of the premises.

Cemeteries, columbariums and mortuaries means an internment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium.

Chemical plants means manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products:

(1)

Basic chemicals including acids, alkalizes, salts, and organic chemicals;

(2)

Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and

(3)

Finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives.

Also includes sales and transportation establishments handling the chemicals described above.

Child means a person under the age of 18.

Churches/places of worship means any religious organization facility operated for worship or promotion of religious activities, including churches and religious Sunday-type schools; and accessory uses on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the church itself, excluding other establishments maintained by religious organizations such as full-time educational institutions, hospitals and other potentially related operations (i.e., a recreational camp).

City means the city of Hollister, state of California, referred to in this Zoning Ordinance as "city."

City Council means the City Council of the city of Hollister, state of California, referred to in this Zoning Ordinance as "council."

Clothing factory means manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("General Merchandise Stores") are instead included under "Personal Services."

Clubs and lodges means permanent meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, excluding commercial recreation and entertainment. This classification includes union halls, social clubs, and youth centers.

Commercial recreation includes, but is not limited to, theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, ice/roller skating rinks, golf courses, miniature golf courses, model courses, shooting galleries, tennis and racquetball courts, amusement centers and arcades, martial arts studios, dance studios, health and fitness clubs, or facilities equipped and used for sports training and conditioning. Excludes adult entertainment facilities.

Commercial zone or zoning district means any of the zoning districts that permit businesses selling good or providing services.

Commission. See "Planning Commission."

Common area means an area, or portion thereof, owned in common by all property owners of a subdivision. There may or may not be an open space easement over a common area.

Common interest development includes a condominium, community apartment project, planned development or stock cooperative, as provided by Section 1351 of the Civil Code.

Community apartment as defined in Section 1351 of the California Civil Code, means an estate in real estate consisting of an undivided interest in land coupled with the right of exclusive occupancy of any apartment located thereon.

Community apartment project as defined in Section 1351 of the California Civil Code and Section 11004 of the California Business and Professions Code, means a development consisting of two or more community apartments.

Community centers means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, kitchen or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

Concrete, gypsum and plaster production means manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products (e.g., plasterboard, etc.). A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores."

Conditional use means a land use or activity that is not allowed as a matter of right within a zoning district.

Conditional use permit means an approval issued to a landowner allowing a conditional use.

Condominium as defined in Section 783 of the California Civil Code, means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access, and if necessary, support.

Condominium project as defined in Section 1351 of the California Civil Code, means a development consisting of two or more condominiums.

Construction contractors yard means a storage area operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses including offices and repair facilities.

Crop production means uses including production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms; associated crop preparation services and harvesting activities including but not limited to mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field of products grown on the premises.

Cultural institutions means organizations or businesses displaying or preserving objects of interest in one or more of the arts or sciences. This classification generally includes libraries, museums, and art galleries where displayed objects are not intended for sale.

Day care means facilities that provide non-medical care and supervision of children or adults for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1.

Child day care facility means a commercial or nonprofit facility that provides nonmedical care to children under 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 on less than a 24-hour basis. Includes day care centers, employer-sponsored child care centers, and family day care homes, as defined by Health and Safety Code Section 1596.750. These may be operated in conjunction with a school or church facility, or as an independent land use.

2.

Family day care home means a home that regularly provides care, protection and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away.

3.

Family child care home, large means a home that provides family day care for seven to 14 children, inclusive, including children under the age of ten years who reside at the home, as defined in Health and Safety Code Section 1597.465.

4.

Family child care home, small means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as defined in Health and Safety Code Section 1597.44.3

5.

Adult day health care facility means an organized day program of therapeutic, social and health activities and services provided to elderly persons with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self-care, as defined in Health and Safety Code Section 1570.7.

Density, gross means the number of primary residential dwellings per acre of land within a project site.

Department means the city of Hollister Development Services Department, referred to in this Zoning Ordinance as "Department."

Detached means any structure that does not have a wall or roof in common with another structure.

Developer means an owner or subdivider with a proprietary interest in a proposed or constructed project.

Development means any construction activity or alteration of the landscape, its terrain contour or vegetation, including grading, paving and the erection or alteration of structures, alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Zoning Ordinance.

Development agreement means a contract between the city and an applicant for a development project, in compliance with Chapter 17.24.280 of this Zoning Ordinance and Sections 65864 et seq., of the Government Code.

Development standards means ahe provisions of this chapter that regulate the site planning and design of a proposed development or new land use, including but not limited to provisions for floor area ratio, height limits, landscaping, minimum lot area and minimum building site area, off-street parking, setbacks, site coverage, signs, and standards for specific land uses.

Director means the Development Services Director of the city of Hollister.

District or zoning district means a portion of the city within which certain uses of land and buildings are prohibited or permitted according to development standards.

Drive-in and drive-thru sales means facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants and drive-through pharmacies.

Drive-in and drive-thru service means facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up teller windows in banks but does not include: automatic teller machines (ATMs) or service stations, which are separately defined, or car washes, which are included in the definition of "Repair and Maintenance—Vehicle."

Dwelling or dwelling unit means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis, not including a motel, hotel, bed and breakfast or boarding house. Also includes factory-built housing (modular housing) units, constructed in compliance with the Uniform Building Code (UBC).

Elderly means a person 55 years of age or older but also includes other adults who are chronically ill or impaired and who would benefit from adult day health care, as defined in Health and Safety Code Section 1570.7.

Electrical and electronic equipment, instruments manufacturing means establishments engaged in manufacturing or assembling machinery, apparatus and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

♦  Appliances including stoves/ovens, refrigerators

♦  Aviation instrument

♦  Cleaners, sewing machines

♦  Electrical welding apparatus

♦  Electrical transmission and distribution equipment

♦  Electronic components and accessories, including semiconductors, integrated circuits, related devices

♦  Electronic instruments, components and equipment including calculators and computers

♦  Equipment for internal combustion engines

♦  Freezers, laundry equipment, fans, vacuum

♦  Industrial apparatus and controls

♦  Instruments for measurement, testing, analysis and control, and associated sensors and accessories

♦  Lighting and wiring equipment including lamps and fixtures, wiring devices, vehicle lighting

♦  Miscellaneous electrical machinery, equipment and supplies including batteries, X-ray apparatus and tubes, electro-medical and electrotherapeutic apparatus electrical

♦  Motors and generators

♦  Optical instruments and lenses

♦  Phonograph records and surgical, medical and dental instruments, equipment, and supplies photographic equipment and supplies

♦  Pre-recorded magnetic tape radio and television receiving equipment including television and radio sets

♦  Surveying and drafting instruments

♦  Telephone and telegraph apparatus

♦  Transformers, switch gear and switchboards

Does not include testing laboratories (See "Research and Development" or "Soils and Materials Testing," etc.), which are defined under "Business Support Services," or "Research and Development Facilities Independent From Manufacturing," which is separately defined.

Equestrian facilities means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.

Façade means that portion of any exterior elevation on the building extending from grade to top of parapet, or eaves, and the entire width of the building elevation.

Family means one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

Farm equipment and supplies sales means establishments selling or renting agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching.

Fence means continuous physical barrier comprised of wood, wrought iron, chain link, masonry, concrete, or other similar materials as well as vegetation which provides for separation between adjoining sites or areas within a site.

Floor area, gross. "Gross floor area" means the total area enclosed within a building, including closets, stairways, and utility and mechanical rooms, measured from the interior face of the walls.

Floor area ratio (FAR) means the total floor area of all buildings on a lot, divided by the area of that lot. For example, a building 3,000 square feet of floor area on a 10,000 square foot lot has a FAR of 0.30. See Figure 17.02-1 (Floor Area Ratio).

Figure 17.02-1 Floor Area Ratios

Fuel and ice dealers means retail trade establishments primarily engaged in the sale to consumers of ice, bottled water, fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk.

Furniture and fixtures manufacturing means manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."

Furniture, furnishings and equipment stores means stores primarily selling home furnishings including furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture including lawn furniture, movable spas and hot tubs. Also includes the retail sale of office furniture and large musical instruments.

Garage means an attached or detached accessory building used for the storage of vehicles or trailers by the occupants of the premises.

General plan means the city of Hollister General Plan, including all elements thereof and all amendments thereto, as adopted by the Council under the provisions of Sections 65300 et seq., of the Government Code.

Glass products factory means manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations which are included under handicraft industries and small scale manufacturing.

Handicraft industries, small scale manufacturing means small scale manufacturing establishments not classified in another major manufacturing group, including jewelry, glass, musical instruments, toys, sporting and athletic goods, pens, pencils, and other office and artists materials; button, costume novelties, miscellaneous notions; brooms and brushes and other miscellaneous manufacturing industries.

Health/fitness club means fitness centers, gymnasiums, health and athletic clubs including indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges, other indoor sports activities and limited massage therapy that is incidental to the operation.

Height, building means the vertical distance from the average contact grade level of the building, "grade" as defined herein, to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.

Home occupation means a business activity conducted entirely within or from an enclosed dwelling unless otherwise permitted in an accessory structure with a conditional use permit. See Section 17.22.130 (Home Occupations).

Hotel or motel means guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging (less than 30 days). Hotels provide access from an interior walkway to most guest rooms that do not have kitchen facilities. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities including swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, meeting rooms, etc.

Improvement means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto.

Indoor recreation centers means primarily indoor establishments providing amusement/entertainment services, including: arcades containing five or more coin operated amusements or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms; and pool and billiard rooms that are principal uses rather than being subordinate to a bar or restaurant; ice skating and roller skating.

Junkyard means the use of any outdoor space where waste, discarded or salvaged materials are stored or handled; including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged housing wrecking and structural steel materials and equipment, except when any such use is accessory and incidental to the permitted agricultural use.

Kennels and animal board means facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals.

Large family day care home. See "Day Care—Family Child Care Home, Large."

Laundries and dry cleaning plants means service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "Personal Services."

Long-term mobile food vending means the operation of a mobile food truck within the public right-of-way under the regulations for "long-term operations" as outlined in Title 10 of this Municipal Code.

Lot coverage means that portion of a lot or building site which is occupied by any building or structure regardless of whether such building or structure is intended for human occupancy.

Lot or parcel means an area of real property under single ownership, its principal frontage on a street or right-of-way, and lawfully created and recorded as required by the Subdivision Map Act and city of Hollister ordinances, including this Zoning Ordinance. Types of lots include the following:

1.

Corner lot. A lot located at the intersection of two or more streets, bounded on two or more sides by street lines.

2.

Double frontage or through lot. A lot having a frontage on, and rights of vehicular access to, two parallel or approximately parallel streets. For the purposes of determining vehicular access to parallel streets pursuant to this definition, alleys are not streets.

3.

Flag lot. An interior lot having access by a corridor having a street frontage of less than 20 feet in width.

4.

Interior lot. A lot abutting only one street.

5.

Key lot. The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley, and fronting on the street which intersects or intercepts the street on which the corner lot fronts.

Figure 17.02-2 Lot Types

Lot width means the width of the lot measured at right angles to its depth at a point midway between the front and rear lot lines. "Average lot width" means the average width of the lot throughout its full depth measured at right angles to the depth.

Figure 17.02-3 Lot Width

Lumber and wood products manufacturing means processing and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes: all types of milling operations and the turning and shaping of wood products on a manufacturing basis; the assembly of products including trusses and structural beams, wood containers, pallets and skids; and the assembly of factory-built and manufactured housing; and the wholesaling of basic wood products. Craft-type shops are included in "Handicraft Industries and Small-Scale Manufacturing." Other wood and cabinet shops are included under "Furniture and Fixture Manufacturing." The indoor retail sale of building materials, and the sale of construction tools and equipment is included under "Building Material Stores."

Machinery manufacturing means the manufacturing of machinery and equipment for purposes and products including but not limited to the following:

♦  Bulldozers

♦  Carburetors

♦  Construction

♦  Conveyors

♦  Cranes

♦  Die casting

♦  Dies

♦  Dredging

♦  Engines and turbines

♦  Farm and garden

♦  Food products manufacturing

♦  Gear cutting

♦  Heating, ventilation, air conditioningmanufacturing

♦  Industrial furnaces and ovens

♦  Industrial molds

♦  Industrial trucks and tractors

♦  Laundry and dry cleaning

♦  Materials handling

♦  Mining

♦  Oil field equipment

♦  Paper manufacturing

♦  Passenger and freight elevators

♦  Pistons

♦  Printing

♦  Pumps

♦  Refrigeration equipment

♦  Textile

♦  Upholstery

Medical offices. See "Medical Services—Clinics and Laboratories."

Medical services—Clinics and laboratories means facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services. These facilities include: medical, dental and psychiatric offices (counseling services by other than medical doctors or psychiatrists are included under "Offices"); medical and dental laboratories; out-patient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.

Medical services—Extended care means residential facilities providing nursing and health-related care as a principal use with in-patient beds, including: skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in "Residential Care Homes."

Medical services—Hospitals means establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services having an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail uses (see the separate definition of "Accessory Retail Uses,") and emergency heliports.

Metal fabrication, machine and welding shops means the assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

Mixed use development means the development of a site or structure with a combination of residential and commercial uses, as permitted by this chapter, in a single or physically integrated group of structures.

Mobile food vending facility or vending facility means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of produce or prepared and pre-packaged or unprepared and unpackaged food or foodstuffs of any kind, on any public street, alley or property or on any privately owned parcel or lot open to the public.

Mobile home means a trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing which is equipped for human habitation. For purposes of this chapter, a mobile home on a permanent foundation is considered a structure.

Mobile home park means any site that is planned and improved to accommodate two or more mobile homes used for residential purposes.

Motel. See "Hotel or Motel."

Natural grade means the contour of the ground surface before any grading (cut or fill).

Nonconforming lot means a lot of record that was legally created prior to the adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this chapter because the lot is of a size, shape, or configuration no longer allowed in the zoning district in which the site is located, as a result of the adoption of, or amendments to, this chapter.

Nonconforming structure means a structure that was legally constructed prior to the adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this Zoning Ordinance because the adoption of or amendments to the Zoning Ordinance made the structure nonconforming in its size, type of construction, location on its site, separation from other structures, number of parking spaces provided, or other features.

Nonconforming use means a use of land or structure that was legally established prior to adoption of Ordinance 1038, codified in this title, but does not meet the requirements of this Zoning Ordinance because the use is no longer allowed in the zoning district that applies to the site, as a result of the adoption of, or amendments to, this Zoning Ordinance.

Nursery means the retail or wholesale handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other gardening item.

Offices means service establishments including the following:

1.

Business offices. Establishments providing direct services to consumers, including insurance agencies, real estate offices, post offices (not including bulk mailing distribution centers, which are included under "Vehicle and Freight Terminals"); and

2.

Professional offices. Professional or government offices including:

♦  Accounting, auditing and bookkeeping services

♦  Advertising agencies

♦  Architectural, engineering and surveying

♦  Attorneys

♦  Counseling services

♦  Court reporting

♦  Data processing and computer services

♦  Detective agencies and similar services

♦  Employment, stenographic, secretarial and word processing services

♦  Government offices including administrative offices, agency and administrative office facilities

♦  Insurance

♦  Management, public relations and consulting services

♦  Photography and commercial art studios

♦  Writers and artists offices outside the home

Does not include: medical offices, which are allowed under "Medical Services—Clinics and Laboratories."

Offices, temporary means a mobile home, recreational vehicle or modular unit used as: a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction as authorized by Section 17.24.190 (Temporary Use Permits) for a maximum period of up to 360 days.

Organizational documents means the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a project.

Outdoor commercial recreation means facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including: amusement and theme parks; drive-in theaters; golf driving ranges; miniature golf courses (golf courses are included under the definition of "Parks, Playgrounds, Golf Courses); skateboard parks and water slides; go-cart and miniature auto race tracks; recreation equipment rental (e.g., nonhighway motor vehicles, roller skates); health and athletic clubs with predominately outdoor facilities; tennis courts, swim and tennis clubs; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including but not limited to bars and restaurants, fast-food restaurants, video game arcades, etc.

Outdoor retail sales and activities means permanent outdoor sales and rental establishments including autos, other vehicles and equipment, and other uses where the business is not conducted entirely within a structure. Sidewalk cafés within the public right-of-way and sidewalk cafés are subject to the requirements in Section 17.22.210 (Sidewalk Café).

Outdoor retail sales, temporary means temporary outdoor retail operations including: farmer's markets; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales; and retail sales of various products from individual vehicles in temporary locations outside the public right-of-way. Vendors operating within the public right-of-way and are subject to the provisions of Section 17.22.160 (Outdoor Merchandise Display and Activity), the city of Hollister Municipal Code and applicable state and federal regulations.

Overlay district means a certain portion of the city wherein regulations relating to specific environmental, physical, or other characteristics (e.g., locational, economic, historical) are imposed in addition to those of the base district covering the land in question.

Paper products production means the manufacture of paper and paperboard (both from raw and recycled materials), and their conversion into products including paper bags, boxes, and envelopes. Also includes building paper and building board mills.

Parcel. See "Lot."

Paving and roofing materials production means the manufacture of various common paving and roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood and various compositions of asphalt and tar.

Person means any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal improvement services means services or facilities including, but not limited to, music or photography lessons, driving schools (excludes truck driving schools), and diet centers.

Personal services means establishments providing nonmedically related services, including beauty and barber shops; shoe repair shops; tanning salons; laundromats (self-service laundries); manicurists; dry cleaning pick-up stores and small-scale dry cleaners. These uses may also include accessory retail sales of products related to the services provided.

Pipelines and utility lines means transportation facilities for the conveyance of: storm water, wastewater, water and crude petroleum; refined petroleum products including gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, and surge and storage tanks. Does not include offices or service centers (classified under "Offices"), distribution substations (classified under "Public Utility Facilities"), or power plants (classified under "Electric Generating Plants").

Planned development as defined by Section 1351(k) of the Civil Code, a development (other than a community apartment project, condominium or stock cooperative) having either or both of the following features: (1) The common area is owned either by an association, or in common by the owners of the separate interests; (2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned lot, parcel, or area in compliance with Section 1367 of the Civil Code.

Planning Commission means the Planning Commission of the city of Hollister.

Plastics and rubber products production means he manufacture of rubber products including: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobile Home, Vehicle and Supplies Sales"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services.

Primary zoning district means residential, commercial, industrial or special use zoning district to which an overlay zone may be applied.

Printing and publishing means establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.

Private property mobile food vending means the operation of a mobile food truck on developed private property under the regulations outlined in Title 10 of this Municipal Code.

Public road means a street or highway owned and maintained by the city or the state.

Public safety and utility facilities.

1.

Public safety facilities means facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

2.

Public utility facilities means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: electrical substations and switching, telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; community wastewater treatment plants, settling ponds and disposal fields; corporation and maintenance yards. These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.

Recreational vehicle (RV) means motor home, travel trailer, truck camper, or camping trailer, with or without motor power, originally designed for temporary human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

1.

It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

2.

It contains 400 square feet or less of gross area measured at maximum horizontal projections.

3.

It is built on a single chassis.

4.

It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

Recreation facility means an area or space within a project (exclusive of any required setback areas) to be used exclusively for leisure and recreation purposes by occupants of units in a project and their guests. Accessory structures such as swimming pools and recreation buildings shall constitute recreation facilities.

Recycling facilities.

1.

Collection facility means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public, which may include the following:

a.

Reverse vending machine(s);

b.

Small collection facilities which occupy an area of 350 square feet or less and may include:

i.

A mobile unit,

ii.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet, and

iii.

Kiosk-type units which may include permanent structures;

c.

Large collection facilities which may occupy an area of more than 350 square feet and my include permanent structures.

2.

Processing facility means a structure or enclosed space used for the collection and processing of recyclable materials to prepare for either efficient shipment, or to an end-user's specifications by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types, both of which are included under the land use definition of "Recycling, Scrap and Dismantling Yards:"

a.

Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

b.

A heavy processing facility is any processing facility other than a light processing facility.

3.

Recycling facility means a center for the collection or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of state law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial or industrial designated parcel used solely for the recycling of material generated on the parcel.

4.

Recycling or recyclable material means reusable domestic containers or items including but not limited to glass, metals, paper and plastic which are intended for reconstitution, remanufacture or reuse for the purpose of being used in the altered form. Recyclable material does not include refuse or hazardous materials.

5.

Reverse vending machine means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by state law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

6.

Bulk reverse vending machine means a bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

Repair and maintenance—Consumer products means service establishments where repair of consumer products is the principal business activity, including: electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; re-upholstery and furniture repair. Does not include shoe repair (included under "Personal Services"). Does not include businesses serving the repair needs of heavy equipment, which are included under "Business Support Services."

Research and development means facilities for research, and the design, development and testing of computer software, and electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development. Does not include soils and other materials testing laboratories which are defined under "Business Support Services," or medical laboratories, which are included under "Medical Services—Clinics and Labs."

Residential accessory uses and structures means includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (swimming pools, spas and hot tubs, workshops, studios, greenhouses, garages and similar structures).

Residential care homes means facilities providing residential social and personal care for children, the elderly, and adults with some limitations on their ability for self-care, but where medical care is not a major element. Includes: children's homes; halfway houses; orphanages; rehabilitation centers; self-help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical Services—Extended Care."

Residential dwelling unit—Apartments means a group of five or more dwellings set on one lot with common ownership of the land and building(s). The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met.

Residential dwelling unit—Duets means a pair of individual dwelling units within one residential structure, each with its own entrance, which share a common wall from ground to ceiling set along a property line with each unit located on a separate lot.

Residential dwelling unit—Duplex, triplex, fourplex means a group of two, three, or four dwellings, respectively, set on one common lot. The units may be attached through any combination of common walls, or detached from each other, provided all requirements of zoning are met.

Residential dwelling unit—Multi-family includes duplexes, triplexes, fourplexes, apartments, and residential condominiums. Excludes 'single-family attached' dwelling units and 'Duets'. A residence with an accessory dwelling unit authorized by Chapter 17.32 (Accessory Dwelling Units) of this title shall not be considered multifamily housing.

Residential dwelling unit—Single-family attached means a group of three or more individual dwelling units contained within a single residential structure which share common walls from ground to ceiling along the side property lines; sometimes called a townhouse or row house. Typically, those units in the middle of a row shall have a zero lot line common wall with a unit on either side; and those units on either end of the row of townhomes shall have one common wall at zero lot line and the required setback of the zoning district on the other. Excludes 'Duets'.

Residential dwelling unit—Single-family detached means a dwelling, set on a separate lot, which shares no common walls with another house or dwelling.

Restaurant means a retail business selling food and beverages prepared on the site, where customers are able to consume the products on-premise even if products are purchased to be consumed off site.

Retail stores, general merchandise sales means retail trade establishments selling many lines of merchandise. These stores and lines of merchandise include but are not limited to:

♦  Artists' supplies

♦  Auto parts (not repair or machine shops)

♦  Bakeries (retail only)

♦  Bicycles

♦  Books

♦  Cameras and photographic supplies

♦  Clothing and accessories

♦  Department stores

♦  Drug and discount stores

♦  Dry goods

♦  Fabrics and sewing supplies

♦  Florists and houseplants stores (indoor sales only—Outdoor sales are "Plant Nurseries")

♦  Sporting goods and equipment

♦  General stores

♦  Gifts, novelties and souveniers

♦  Hardware

♦  Handcrafted items (stores may include crafting operations subordinate to sales)

♦  Hobby materials

♦  Jewelry

♦  Luggage and leather goods

♦  Musical instruments, parts and accessories

♦  Newsstands

♦  Orthopedic supplies

♦  Pet stores

♦  Religious goods

♦  Small wares

♦  Specialty shops

♦  Stationery

♦  Toys and games

♦  Variety stores

Roadside stands for agricultural products means accessory open structures not more than 400 square feet, 20 feet deep and 15 feet high for the retail sale of agricultural products (except hay, grain and feed sales included under "Farm Equipment and Supplies") located on the site or in the area of the property where the products being sold were grown. Does not include field sales or agricultural products, which is included under "Crop Production."

Rooming house and boarding house means the renting of individual bedrooms within a dwelling to one or more persons whether or not meals are provided generally a rooming house provides meals.

Schools—College and university means community colleges, public or private colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training.

Schools—Elementary means public and private elementary, middle, and junior high schools serving kindergarten through eighth or nineth grade students, including denominational and sectarian. Pre-schools and child day care are included under the definitions of "Child Day Care Centers" and "Family Care Homes."

Schools—Secondary means public and private high schools serving grades nine or ten through 12, including boarding schools and military academies.

Schools—Specialized education and training means business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree granting schools offering subjects including: art, drama, language, music, driver education, ballet and other dance. Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples).

Scrap and dismantling yards means outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap and the incidental wholesale or retail sales of parts from vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within structures; pawn shops and other secondhand stores; the sale of operative used cars; or terminal waste disposal sites.

Secondhand stores means indoor retail establishments that buy and sell used products, including but not limited to books, clothing, furniture and household goods. The sale of cars and other used vehicles is included under "Auto, Mobile Home, Vehicle and Parts Sales."

Senior congregate care housing means a structure serving as a residence for a group of senior citizens 60 years of age or more) with central or private kitchen, dining, recreational and other facilities, with separate bedrooms or living quarters. Limited medical care and supervision may also be provided, where the emphasis of the facility remains residential.

Senior housing means housing that is available only to seniors, in accordance with state and federal housing laws and guidelines.

Service station means a retail business selling gasoline or other motor vehicle fuels, which may also provide vehicle engine maintenance and repair services incidental to fuel sales. May also include accessory towing and trailer rental services, but not the sale, storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

Setback line means a line established by this title to govern the placement of buildings or structures with respect to lot lines, street or alleys.

Shipping container means a receptacle designed to transport materials over long distances using multi-modal transport such as ships, railroad cars, and trucks. The receptacles are typically constructed of corrugated steel and are eight feet in width and 20 feet in length or larger.

Shopping center means a group of commercial establishments designed, built and managed as a unit. It provides on-site parking in proportion to the size, type and number of stores in the center.

Short-term mobile food vending means the operation of a mobile food truck within the public right-of-way under the regulations for "short-term operations" as outlined in Title 10 of this Municipal Code.

Site means a lot or adjoining lots under single ownership or single control, considered a unit for the purposes of development or other use.

Small family day care homes. See "Child Day Care Facilities."

Sport facilities and outdoor public assembly means indoor and outdoor facilities for spectator-oriented sports, and other outdoor public assembly facilities for outdoor theater and concerts, which include: amphitheaters; stadiums and coliseums; arenas and field houses; racetracks; motorcycle racing and drag strips; and other sports that are considered commercial.

Stock cooperative means a development defined by Section 11003.2 of the Business and Professions Code and Section 1351(m) of the Civil Code, where a corporation is formed to hold title to improved real property and the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property.

Stone and cut stone products manufacturing means establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.

Storage, accessory means the indoor storage of various materials on a site where the principal use is not storage, where the storage supports the activities or conduct of the principal use. Includes the storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use.

Storage, outdoor means the storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

Storage, personal storage facility means a structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented or owned as individual storage spaces and characterized by low parking demand.

Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

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

Structure means anything constructed or erected, the use of which requires location on or in the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings."

Structural alteration means any construction, reconstruction, alteration, demolition, removal of, or additions to, the supporting members of a building or structure, including, but not limited to, bearing walls, columns, beams, girders, rafters, or joists.

Structural clay and pottery products manufacturing means establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Handicraft Industries and Small Scale Manufacturing" or "Home Occupations."

Textile and leather products manufacturing means establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles; and upholstery manufacturing.

Theaters and meeting halls means indoor facilities for public assembly and group entertainment, other than sporting events, including: public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses. Outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events are included under the definition of "Sport Facilities and Outdoor Public Assembly."

Transit stations and terminals means passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Trailer and camp trailer means any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters (i.e., camp trailer) or the conduct of any business, trade or occupation or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as conveyance on highways and streets, propelled or drawn by other motor power. Camp trailers are considered structures for the purpose of this title when they are parked in a trailer camp or park.

Trailer camp and trailer park means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers.

Use, accessory means a use subordinate and incidental to the principal use of the same building site which does not alter the essential characteristics of the use considered as a whole or as related to other uses permitted in the same district.

Use, principal means any use which is not specifically defined and listed as an accessory use and which is the primary intended purpose for the building site.

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

Variance means a permit issued to a landowner to construct a structure or engage in some action not otherwise permitted under the regulations of this title.

Vehicle and freight terminals means transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers. Includes rail, air and motor freight transportation.

Vehicle repair, major means a place providing a full range of repair and maintenance services for motor vehicles, including any of the following:

1.

Cylinder head replacement;

2.

Valve grinding or replacement;

3.

Clutch replacement;

4.

Repair, replace transmission, rear end, rear axles, king pins;

5.

Body work;

6.

Engine, motor or transmission removal;

7.

Fuel tank repair;

8.

Radiator or heater core repair or replacement;

9.

Painting;

10.

Repair activities requiring the use of open flame or welding;

11.

Exhaust system repair;

12.

Repair activities requiring entry into the engine block;

13.

Upholstery; or

14.

Any repair activity not listed as minor vehicle repair.

Vehicle repair, minor means a place performing the following repair and maintenance services for motor vehicles not exceeding a gross vehicle weight of five tons carrying capacity, including any of the following:

1.

Tune-ups. Major and minor tune-up involving spark plugs, points, condensers, valve adjustments, carburetor overhauls, adjustment of fuel injection systems, fuel pumps, and all necessary filters;

2.

Lubrication. Oil changes and filter replacement, transmission and rear end oil changes;

3.

Cooling System. Replacement of water pumps, heaters, and other hoses; replace thermostats; recharge air conditioners;

4.

Drive Train. Replacement of driveshaft universal bearings, center support bushing, accelerator and brake cables; minor repair of hydraulic systems; replacement of shock absorbers;

5.

Brakes. Remove and replace shoes and brake pads; rebuild master and wheel cylinders and disc caliper; adjustment of brakes; machine work related to turning of drums or discs;

6.

Wheels. Adjustment of steering box; replacement of rubber bushings in suspension; wheel balancing; wheel alignment; replacement of wheel bearings; tire changes and repairs;

7.

Electrical. Battery charging; remove, repair, and replace starters, alternators, generators, and regulators; rewiring of automobile and lights; repair or replacement of gauges; installation of radios;

8.

Smog Checks;

9.

Fuel System. Change and repair of fuel lines; replace fuel gauge sending unit; or

10.

Any activity combining minor and major motor vehicle repair shall be defined as "Major Vehicle Repair." Excludes any activity that involves welding or an open flame, a paint booth, or repairs that typically require keeping a car for more than one day.

Vehicle sales and services means the sale or rental of automobiles, motorcycles, trucks, and recreational vehicles including display areas, incidental storage, and maintenance.

Vehicle storage means lots for the storage and parking of tow-away and towed vehicles, impound yards, and storage lots for vehicles, trucks, buses, and recreational vehicles. Excludes salvage and wrecking operations. Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "Recycling, Scrap and Dismantling Yards").

Vehicle washing means the washing, waxing, detailing, or cleaning of automobiles or vehicles equal to or less than one-half ton including the use of mechanical automobile washers.

Veterinary clinics and animal hospitals means office and entirely indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. See also "Kennels and Animal Boarding."

Warehouse retail stores means retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.

Warehousing means facilities for the storage of farm products, furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public, which are included under "Storage, Personal Storage Facilities;" or warehouse facilities where the primary purpose of storage is for wholesaling and distribution (which is separately defined). Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals").

Wholesaling and distribution means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. Includes: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies a marketing of farm products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

(Ord. 1038, § 2, 2008; Ord. 1057, § 1, 2010; Ord. 1063, § 1, 2010; Ord. 1177, § 1, 2019; Ord. 1220, § 1, 2022; Ord. 1235, § 1(1.2), 2023)

A.

Authority, Relationship to General Plan. This Zoning Ordinance is enacted based on the authority vested in the city of Hollister by the State of California, including but not limited to the State Constitution; Sections 65800 et seq., of the California Government Code; the California Environmental Quality Act, Housing Act, Subdivision Map Act, and the Health and Safety Code.

This Zoning Ordinance is the primary tool used by the city of Hollister to carry out the goals, objectives, and policies of the Hollister General Plan. The Hollister City Council intends that this Zoning Ordinance be consistent with the Hollister General Plan, and that any land use, subdivision, or development approved in compliance with this Zoning Ordinance will also be consistent with the Hollister General Plan.

The General Plan guides and defines all zoning. To maintain consistency with the General Plan the following Zoning Districts apply to the land use categories as illustrated on the General Plan map and as described in the adopted Hollister General Plan.

¹ Medium Density Residential (8—12 units per acre)

² High Density Residential (12—35 units per acre)

(Ord. 1038, § 2, 2008; Ord. 1056, § 1, 2009)

This Zoning Ordinance applies to all land uses, subdivisions, and development within the city of Hollister, as follows.

A.

New Land Uses, Structures, and Changes to Them. Compliance with the following requirements is necessary for any person or public agency to lawfully establish a new land use or structure, to alter or replace any land use or structure except as provided herein:

1.

The proposed use of land shall be allowed by this chapter of this Zoning Ordinance (Zoning Districts and Allowable Land Uses) within the zoning district that applies to the site in question;

2.

The proposed use of land or structure shall satisfy all applicable requirements of this Zoning Ordinance, including but not limited to minimum lot area, height limits, required yard and street setbacks, parking standards, residential density, and sign standards;

3.

Any land use permit or other approval required in this Zoning Ordinance shall be first obtained in compliance with Land Use and Development Permit Procedures in this Zoning Ordinance;

4.

Any land use proposal may not be processed or approved where there is an existing violation of Municipal Code (See Section 1.16.100, Refusal to Issue Licenses or Other Entitlements).

B.

Issuance of Building, Drainage or Grading Permits. Building, drainage or grading permits may be issued by the city only when the proposed land use or structure satisfies the requirements of subsection A of this section, and when the Development Services Director determines that the site was subdivided in compliance with all applicable requirements of Title 16, Subdivisions, of the Hollister Municipal Code.

C.

Subdivision of Land. Any subdivision of land within the city of Hollister occurring after the effective date of this Zoning Ordinance shall be consistent with the minimum lot size requirements of this title, the subdivision requirements of Title 16 (Subdivisions), and all other applicable requirements of this Zoning Ordinance.

D.

Continuation of an Existing Land Use. An existing land use is lawful and not in violation of the Hollister Municipal Code only when operated and maintained in compliance with all applicable provisions of this Zoning Ordinance. However, the requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before this Zoning Ordinance or any applicable amendment became effective.

Any alteration, expansion or modification to an existing use shall comply with all provisions of this Zoning Ordinance, specifically including Section 17.24.230 (Nonconforming Structures, Uses, and Lots).

E.

Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this Zoning Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses than those that applied to existing development. For example, this Zoning Ordinance or a future amendment could require more off-street parking spaces for a particular land use than former Zoning Ordinance or Zoning Ordinance provisions. This subsection determines how the requirements of this Zoning Ordinance apply to development projects in progress at the time requirements are changed.

1.

Projects With Pending Applications. All land use permit and subdivision applications that have been determined by the Development Services Department to be complete before the effective date of this Zoning Ordinance or any amendment will be processed in compliance with the requirements in effect when the application was accepted as complete. Applications for extension of time for land use permit or tentative map extensions of time (see Section 17.24.130, Permit Implementation, Time Limits, Extensions and Revocations and Title 16, Subdivisions, respectively) shall be consistent with the requirements of this Zoning Ordinance that are in effect when the time extension application is accepted as complete.

2.

Approved Projects Not Yet Under Construction. Any approved development for which construction has not begun as of the effective date of this Zoning Ordinance or amendment may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable land use permit (Section 17.24.130, Permit Implementation, Time Limits, Extensions and Revocations) or, where applicable, before the expiration of any approved time extension granted under Section 17.24.130.

3.

Approved Land Uses Not Yet Established. Any approved land use that has not been established as of the effective date of this Zoning Ordinance or any amendment may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit (Section 17.24.130, Permit Implementation, Time Limits, Extensions and Revocations) or, where applicable, before the expiration of any approved time extension granted under Section 17.24.130.

4.

Approved Subdivisions Not Yet Recorded. Any approved subdivision for which a parcel or final map has not been recorded as of the effective date of this Zoning Ordinance or any amendment may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before the expiration of the tentative map or, where applicable, before the expiration of any approved time extension granted under Title 16, Subdivisions.

5.

Projects Under Construction. A structure that is under construction on the effective date of this Zoning Ordinance or any amendment need not be changed to satisfy any new or different requirements of this Zoning Ordinance.

F.

Other Requirements May Still Apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other permits required by the city, or any permit, approval or entitlement required by other chapters of the Hollister Municipal Code or the regulations of any city department or any county, regional, state, or federal agency.

G.

Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the city in compliance with the provisions of this Zoning Ordinance, after the effective date of this Zoning Ordinance or any applicable amendment. Any permit or license issued in conflict with this Zoning Ordinance shall be void.

(Ord. 1038, § 2, 2008)

A.

Authority. The Development Services Director is assigned the responsibility and authority to interpret the provisions/requirements of this Zoning Ordinance.

B.

Language.

1.

Abbreviated Titles and Phrases. For the purpose of brevity, the following phrases, personnel and document titles are shortened hereafter in this Title 17 of the Hollister Municipal Code. The city of Hollister is referred to hereafter as the "city." Title 17 of the Hollister Municipal Code or Ordinance Number 1038 is referred to hereafter as "this Zoning Ordinance." The Development Services Director is referred to hereafter as "Director." The City Council is referred to as the "Council." The Planning Commission is referred to as the "Commission," and the Development Services Department is referred to as the "Department." "Buildings and structures" are referred to hereafter as "structures."

2.

Terminology. When used in this Zoning Ordinance, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended, and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

3.

Number of Days. Whenever a number of days are specified in this Zoning Ordinance, or in any permit, condition of approval, or notice given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days. Time limits will extend to the following working day when the last of the specified number of days falls on a weekend or city holiday.

4.

Minimum Requirements. When interpreting and applying the regulations of this Zoning Ordinance, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

C.

Allowable Uses of Land. If a proposed use of land is not specifically listed in Allowable Land Uses and Permit Requirements for Residential, Commercial, Mixed Use, Industrial, Special-Purpose Zones, Combined and Overlay Zones, the use shall not be allowed, except as follows:

1.

The director may determine that a proposed use not listed in this title is allowable if all of the following findings are made:

a.

The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity/intensity or population density than the uses listed in the district;

b.

The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c.

The proposed use will be consistent with the goals, objectives and policies of the General Plan.

d.

A decision of the Director may be appealed to the Planning Commission.

e.

The use will comply with all local, state, and federal laws.

2.

When the Director determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and provisions of this Zoning Ordinance apply.

3.

The Director may forward questions about equivalent uses directly to the Commission for a determination at a public hearing.

D.

Conflicting Requirements.

1.

Other Municipal Code Provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations of the city, the most restrictive shall apply.

2.

Specific Plans. When conflicts occur between the requirements of this Zoning Ordinance and Interpretation standards adopted as part of any specific plan, the requirements of the specific plan shall apply.

3.

Private Agreements. It is not intended that the requirements of this Zoning Ordinance are to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city may not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

(Ord. 1038, § 2, 2008; Ord. 1056, § 2, 2009)

The director shall respond in writing to any request for interpretation of the provisions of this Zoning Ordinance.

A.

Request for Interpretation. The request shall specifically state the provision(s) in question, and provide any information to assist in the review.

B.

Record of Interpretations. Whenever the Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally or as applied to a specific case, the Director may issue an official interpretation. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this Zoning Ordinance being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for the interpretation; and

2.

Distributed to the Council, Commission, City Attorney, City Clerk, and Department staff. Any provisions of this Zoning Ordinance that are determined by the Director to need refinement or revision will be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments can occur, the Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.

C.

Appeals and Referral. Any interpretations of this Zoning Ordinance by the Director may be appealed to the Commission as provided by Section 17.24.140 (Appeals). The director may also refer any interpretation to the Commission for a determination.

(Ord. 1038, § 2, 2008)

The provisions of this title, to the extent that they are substantially the same as those in prior effect relating to the same subject matter, shall be constructed as restatements and continuations thereof and not as new enactments. No substantial property right accrued, or action or proceeding commenced prior to the effective date of the ordinance codified in this title, is affected by the provisions hereof, but all procedures hereafter taken shall conform to the provisions of this title.

(Ord. 1038, § 2, 2008)

The duly adopted official Zoning Map for the city, and all amendments thereto, are made a part of this chapter at the time of their adoption and shall constitute subsections of this section.

The attached map, which is incorporated herein by reference, is adopted as the official Zoning Map for the city of Hollister.

(Ord. 1038, § 2, 2008)

If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

A.

Where district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

B.

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map;

C.

Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; and

D.

In case of uncertainty, the Director shall determine the precise location of the district boundary.

(Ord. 1038, § 2, 2008)

This Zoning Ordinance shall be administered by the Hollister City Council, Planning Commission, Community Development Services Director, and the Hollister Development Services Department, as provided in Chapter 17.24, Article I.

(Ord. 1038, § 2, 2008)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Zoning Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Zoning Ordinance. The Hollister City Council hereby declares that this Zoning Ordinance and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this Zoning Ordinance may be declared invalid, unconstitutional or unenforceable.

(Ord. 1038, § 2, 2008)

The following provisions allow for the amendment of the Zoning Map, or this Zoning Ordinance whenever required by public necessity and general welfare. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Zoning Ordinance may modify any standards, provisions, requirements, or procedures applicable to the subdivision, development, or use of property within the city.

A.

Hearings and Notice. Upon receipt of a complete application to amend the Zoning Map or this Zoning Ordinance, or upon initiation by the Director, Commission, or Council, and following Department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Section 17.24.120 (Public Hearings).

B.

Commission Action on Amendments. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in subsection (D)(1) of this section ("Findings required for all Zoning Map/ordinance amendments").

C.

Council Action on Amendments. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form or disapprove the proposed amendment based upon the findings in subsection (D)(1) of this section ("Findings required for all zoning map/ordinance amendments").

If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

D.

Approval Criteria Zoning Map and Code Text Amendments.

1.

Findings required for all Zoning Map/ordinance amendments:

a.

The proposed amendment is consistent with the General Plan; and

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.

c.

The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the General Plan and any adopted area or specific plan.

E.

Additional Finding for Zoning Map Amendments. The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for the requested zoning designation and proposed or anticipated uses or development.

(Ord. 1038, § 2, 2008)