Unless the context requires otherwise, the definitions in this chapter shall govern the construction of the provisions of this title.

(Ord. 511 § 1 (part), 1976: prior code § 12010)

"Accessory dwelling unit" means a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing single-family or multifamily primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated, as set forth in Government Code section 66313 or successor provision. The accessory dwelling unit may be attached or detached or located within a primary residence or accessory building, as described below. An accessory dwelling unit may consist of an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

A.

"Attached accessory dwelling unit," means an accessory dwelling unit that is added and attached to a proposed or existing primary dwelling unit.

B.

"Detached accessory dwelling unit" means an accessory dwelling unit that is not attached to or located within a proposed or existing primary dwelling unit or accessory building.

C.

"Interior accessory dwelling unit," means an accessory dwelling unit located entirely within a proposed or existing primary dwelling unit or within an existing accessory building.

(Ord. No. 1495, § 8, 9-24-2024)

"Accessory use" means any use subordinate to the main use and customarily a part thereof. An accessory use must be clearly incidental, related and subordinate to the main use, reasonably compatible with the other principal uses in the zoning district and with the intent of the zoning district, and cannot change the character of the main use. Unless provided otherwise in this title, accessory uses may be conducted in the primary structure or in structures other than the primary structure. Where the zoning regulations applicable to a zoning district specifically identify the accessory uses which are permitted in conjunction with a primary use in that zoning district, no other accessory uses in conjunction with the primary use will be permitted in that zoning district. Structures constituting an accessory use that are related to a winery are further limited to the extent provided by Section 18.104.200.

(Ord. 1104 § 9, 1996: Ord. 947 § 9 (part), 1990: prior code § 12069)

"Administrator" means the zoning administrator of Napa County.

(Ord. 599 § 5, 1979: prior code § 12045)

"Agriculture" means the raising of crops or livestock and includes the following:

A.

Growing and raising trees, vines, shrubs, berries, vegetables, nursery stock, hay, grain and similar food crops and fiber crops;

B.

Grazing of livestock and feeding incidental thereto;

C.

Animal husbandry, including, without limitation, the breeding and raising of cattle, sheep, horses, goats, pigs, rabbits and poultry and egg production, except as provided in subsection (G) of this section;

D.

Farmworker housing as defined in Section 18.08.294 and is also consistent with the California Employee Housing Act;

E.

Sale of agricultural products grown, raised or produced on the premises;

F.

Farm management uses meeting all of the standards in subsections (F)(1) through (F)(6) of this section. Farm management shall mean the operation, maintenance and storage of farm machinery, equipment, vehicles and supplies used exclusively for agricultural cultivation and harvesting where all machinery, equipment, vehicles and supplies are leased or owned and operated by the farm manager whether that manager is an owner, tenant, or agricultural contractor, and regardless of whether properties managed are contiguous or under similar ownership, provided that at least seventy-five percent of the managed acres are within Napa County. Farm management shall not include manufacturing for sale or retail sales of any kind and shall not include businesses devoted to equipment storage, rental or repair rather than farming. Farm management shall not include the operation, maintenance or storage of equipment used for construction of structures, even if those structures are in support of agriculture;

1.

Offices used for farm management shall meet the definition of accessory uses in Section 18.08.020;

2.

Farm management activities established or expanded after June 30, 2006, alone or in combination with any wineries subject to Section 18.104.220 shall not occupy more than fifteen acres or twenty-five percent of the parcel size, whichever is less;

3.

No single farm management building or structure newly constructed or expanded after June 30, 2006 shall exceed five thousand gross square feet. Multiple smaller buildings are permitted as long as they conform to the lot coverage standard in subsection (F)(2) above;

4.

Uncovered storage areas shall be screened from preexisting residences on adjacent parcels and from designated public roads defined in Chapter 18.106. Screening shall generally consist of evergreen landscape buffers;

5.

Farm managers shall possess all applicable local, state and federal permits and licenses;

6.

All exterior lighting, including landscape lighting, for farm management uses shall be shielded and directed downward, located as low to the ground as possible, and the minimum necessary for security, safety, or operations. Additionally, motion detection sensors must be incorporated to the greatest extent practical. No flood-lighting or sodium lighting of buildings is permitted, including architectural highlighting and spotting. Low-level lighting shall be utilized in parking areas as opposed to elevated high-intensity light standards. Prior to issuance of any building permit for construction, two copies of a separate detailed lighting plan shall accompany building plans showing the location and specifications for all lighting fixtures to be installed on the property shall be submitted for department review and approval.

G.

Agriculture shall not include the raising and keeping of more than twenty-five roosters per acre, up to a maximum of one hundred roosters per legal parcel, except as may be permitted pursuant to Chapter 6.18.

H.

Agriculture shall include the following, but only upon grant of a use permit pursuant to Section 18.124.010, or unless previously issued a small winery certificate of exemption pursuant to subsection (H) of Section 18.16.020 and subsection (I) of Section 18.20.020, or legal existence as a winery prior to July 31, 1974 as provided in subsection (G) of Section 18.16.020 and subsection (H) of Section 18.20.020:

1.

Production and processing of agricultural products, including agricultural processing facilities; and

2.

Marketing, sales, and other accessory uses that are related, incidental and subordinate to the main agricultural processing use.

(Ord. 1285 § 1, 2006: Ord. 511 § 1 (part), 1976: prior code § 12019)

(Ord. No. 1349, § 1, 10-26-2010, eff. 12-26-2010; Ord. No. 1381, § 2, 3-12-2013, eff. 4-11-2013; Ord. No. 1420, § 1, 5-9-2017)

"Airport" means any area of land or water which is used, or is intended for use, for the landing and takeoff of aircraft, including helicopters and similar aircraft capable of approximately vertical ascent and descent. It includes appurtenant areas which are used, or are intended for use, for airport buildings or other airport facilities or rights-of-way, and all airport buildings and facilities located thereon.

(Ord. 564 § 1, 1978: prior code § 12042)

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

(Ord. 1097 § 1 (part), 1996)

"Building-mounted antenna" means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than ten feet tall and six inches in diameter, or structure other than a telecommunication tower.

(Ord. 1097 § 1 (part), 1996)

"Ground-mounted antenna" means any antenna with its base placed directly on the ground or a mast less than ten feet tall and six inches in diameter.

(Ord. 1097 § 1 (part), 1996)

"Approved site area" means the area within a PD zoning district approved for development by the commission and which is capable of being covered by all structures permissible under this chapter.

(Ord. 531 § 2, 1977: prior code § 12032)

Whenever this code requires a room or dwelling unit to be attached to any other structure on the property, the connecting portion must meet all of the following conditions:

A.

Be permanently roofed;

B.

Be enclosed on no less than two sides with walls;

C.

Be not more than twenty feet in length;

D.

Be not less than eight feet in width.

(Ord. 945 § 3, 1990: Ord. 800 § 2, 1985: prior code § 12060)

A bed and breakfast establishment means an establishment of twenty guestrooms or less, that provides overnight transient occupancy accommodations, that serves food only to its registered guests, that serves only a breakfast or similar early morning meal, and with respect to which the price of the food is included in the price of the overnight transient occupancy accommodation. For purposes of this section, "bed and breakfast establishment" refers to an establishment as to which the predominant relationship between the occupants thereof and the owner or operator of the establishment is that of innkeeper and guest. For purposes of this section, the existence of some other legal relationships as between some occupants and the owner or operator is immaterial.

(Ord. 1217 § 1, 2003: Ord. 974 § 3, 1990: Ord. 853 § 2, 1987: Ord. 787 § 1, 1984; Ord. 778 § 1, 1984; Ord. 759 § 1, 1983: prior code § 12054)

"Bedroom" means any room in a dwelling unit other than a kitchen, living room, dining room or bathroom.

(Ord. 551 § 1, 1977: prior code § 12036)

"Block" means the smallest area of land which is entirely bounded by streets other than alleys, or by highways, navigable rivers, railroad right-of-ways, parks, cemeteries, golf courses, similar ways or areas open to public use, or any combination thereof.

(Ord. 982 § 1, 1991: prior code § 12074)

"Board" means the board of supervisors of Napa County.

(Ord. 511 § 1 (part), 1976: prior code § 12011)

"Building frontage" means the linear measurement of a building facing any adjacent public street or commercial center's common parking area.

(Ord. 1046 § 1 (part), 1993: prior code § 12088)

"Business front" means the linear measurement of a portion of a building occupied by a single establishment.

(Ord. 1046 § 1 (part), 1993: prior code § 12087)

"Campground" means a primarily outdoor facility for short-term overnight recreational use, including customary accessory structures and uses, with sleeping accommodations in temporary facilities such as tents, tent cabins, yurts or similar rustic enclosures on platforms, and recreation vehicles pursuant to the standards set forth in Chapter 18.104. A "Campground" may include permanent facilities with overnight accommodations for caretakers or other employees, agents, or authorized volunteers responsible for maintaining and operating the campground and associated areas. "Campground" does not include a "hunting club" as defined elsewhere in this chapter.

(Ord. No. 1326, § 2, 9-22-2009; Ord. 1105 § 1, 1996)

"Cardroom" means any building, place or premises, or a portion thereof outside of the limits of any incorporated city in the county, containing any table or tables which are used by the public or offered for use by the public for the playing of cards, and for the use of which a fee or compensation is charged the players. No cardroom shall be conducted contrary to the provisions of Chapter 10 of Title IX of Part I of the California Penal Code.

(Ord. 634 § 4, 1980: prior code § 12053)

"Child day care center" means a state-licensed facility, other than a family day care home, which provides a nonmedical program for the social development, preacademic training, and the protection of children under eighteen years of age, with or without compensation, for periods of less than twenty-four hours per day. The term "child day care center" shall include facilities providing overnight care, providing that said care is for periods of less than twenty-four hours per day. The owner or operator of a child day care center need not reside at the child day care center.

(Ord. 816 § 3, 1986: prior code § 12061)

"Christmas tree farm" means a single parcel or contiguous parcels in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, comprised of not less than three acres on which at least four thousand Christmas trees shall have been planted, of which at least one thousand shall have been planted for at least three years.

(Ord. 557 § 4, 1978: prior code § 12041)

"Cluster development" means a combining or arranging together in general groupings of attached or detached dwelling units and accessory structures in several clusters separated from each other by yards and common use spaces.

(Ord. 531 § 3, 1977: prior code § 12033)

"Combination zoning district" means any zoning district which permits expansion of or limitations on the uses allowed or permitted under the regulations of the principal zoning district with which it is combined, or on the development standards or procedural requirements available to or imposed upon property so zoned.

(Ord. 556 § 3, 1978: prior code § 12040)

"Commercial use" means a use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over a period of time. It does not include the growing and subsequent sale of crops or livestock, the manufacturing, assembly, or processing and subsequent sale at wholesale of a product, or the operation of a telecommunication facility.

(Ord. 1097 § 2, 1996: Ord. 759 § 7, 1983: prior code § 12057)

"Commission" means the Napa County planning commission.

(Ord. 511 § 1 (part), 1976: prior code § 12012)

(Ord. No. 1379, § 146, 1-29-2013)

"Compost" means the product resulting from the controlled biological decomposition of organic wastes.

(Ord. 1022 § 1, (part), 1992: prior code § 12076)

"Composting" means the method of waste treatment in which organic solid wastes are biologically decomposed under controlled, aerobic or anaerobic conditions.

(Ord. 1022 § 1 (part), 1992: prior code § 12076)

"Composting facility" means a facility used for the collection, processing, and/or temporary storage of organic materials recovered from solid waste through a process of controlled biological decomposition in order to produce a compost product or soil amendment for beneficial uses. A composting facility, as defined herein, does not include storage containers or processing activity located on the premises of an agricultural, residential, commercial, or manufacturing use and used solely for the composting of material generated by that agricultural or residential property, business, or manufacturer.

(Ord. 1022 § 1 (part), 1992: prior code § 12076)

"Corner lot" means a lot located at the intersection of two or more streets. The shortest street frontage shall constitute the front of the lot, or as designated by the director based on orientation of a structure or its entrance, topography, location of other structures and location of access roadway(s).

(Ord. 1233 § 6, 2004: Ord. 511 § 1 (part), 1976: prior code § 12013)

"Cottage food operation" means an enterprise within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code Section 113758, resides and where cottage food products pursuant to California Health and Safety Code Section 113758 are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

(Ord. No. 1380, § 1, 2-26-2013, eff. 3-28-2013)

"County" means the county of Napa.

(Ord. 511 § 1 (part), 1976: prior code § 12014)

"Day" or "days" means calendar days unless otherwise indicated; provided, however, that if the last day on which a filing or other action must occur is a day on which the county offices are closed, the applicable time period is extended to the next day.

(Ord. 882 § 5, 1988: prior code § 12014.5)

"Department" means the Napa County department of planning, building and environmental services.

(Ord. 511 § 1 (part), 1976: prior code § 12015)

(Ord. No. 1379, § 147, 1-29-2013)

"Development plan" means a plan accompanying an application for a use permit, when specifically required by provisions of this title, which shall be in such form as the commission may prescribe and shall contain:

A.

A statement of the nature of the proposed use sufficient to indicate all anticipated adverse environmental impacts;

B.

A map of the real property which is the location of the proposed use as it is to be developed, showing topographical features, structures, land uses and the like. Such map shall be in accordance with a filed record of survey of the perimeter of the property which is the subject of the application, which shall indicate the gross acreage thereof;

C.

Such data and information as may be required by any rule or regulation of the commission;

D.

Such additional data and information as may be required by the director pertaining to any of the matters or factors which may be considered by the commission.

(Ord. 1104 § 10, 1996; Ord. 587 § 2, 1979: Ord. 539 § 2, 1977: Ord. 538 § 2, 1977: prior code § 12035)

"Directional sign" means a sign designated principally for the purpose of providing directional guidance for the general public to the location of a business, institution or facility at a location not visible from the site of the sign, or which identifies the location of the main vehicular access to the business, institution or facility. No such sign shall be permitted except upon the written permission of the director of the department of conservation, development and planning or his designee.

(Ord. 775 § 1, 1984: Ord. 511 § 1 (part), 1976: prior code § 12028)

"Director" or "planning director" means the director of the department.

(Ord. 511 § 1 (part), 1976: prior code § 12016)

(Ord. No. 1379, § 148, 1-29-2013)

A.

"Dwelling unit" means a room or connected rooms constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease for a period of thirty days or longer, physically separated from other rooms or dwelling units in the same structure, and containing independent cooking and sleeping facilities.

B.

"Dwelling unit" does not include those commercial timeshare or vacation ownership arrangements as more specifically defined in Section 11212 of Chapter 2 of Part 2 of Division 4 of the Business and Professions Code, including a dwelling unit owned by a corporation or club, including arrangements commonly referred to as corporate club memberships, private residence clubs, vacation home partnerships, vacation clubs, destination clubs, or condohotels, and used by individual shareholders or members by advance reservation or arrangement for a period of less than thirty consecutive days, and also does not include arrangements involving a parcel of real property with more than twelve fee owners per legal dwelling unit where any fee owner is entitled to exclusive occupancy of the dwelling unit or units for a period of less than thirty days in a given calendar year.

(Ord. No. 1332, § 1, 12-15-2009, eff. 12-1-2010; Ord. No. 1332, § 1, 12-15-2009; Ord. 759 § 9, 1983: Ord. 511 § 1 (part), 1976: prior code § 12017)

"Entry structure" means a continuous wall, gate, fence, or combination thereof, located contiguous to and on both sides of the main vehicular entry point (driveway) to the property in question which is designed and intended to control and/or demarcate vehicular access to the property. An "entry structure" includes all walls, buttresses, guy wires, integral signs, and decorative features attached thereto up to a maximum width of thirty feet on either side of the driveway centerline.

(Ord. 1107 § 1, 1996)

"Environmentally sensitive area" means those floodways, active fault zones, landslide areas, extended clear zones for heliports and airports, archaeologically sensitive areas, and rare and endangered plant and animal habitat areas as delineated on the Napa County environmental sensitivity maps on file in the planning department.

(Ord. 629 § 1 (part), 1980: prior code § 12049)

(Ord. No. 1379, § 149, 1-29-2013)

"Family" means one or more persons living together under a single management conducted by one or more of the persons in the group.

(Ord. 975 § 3, 1990: prior code § 12018)

"Family day care home" means a home whose regular and permanent occupant provides, on a regular basis, care, protection and supervision of twelve or fewer children under eighteen years of age, in the provider's home, for periods of less than twenty-four hours per day. The term "family day care home" shall include facilities providing overnight care providing that said care is for periods of less than twenty-four hours per day. Family day care homes shall be classified as follows:

A.

"Family day care home (small)" means a home which provides family day care to six or fewer children, including children who reside at the home.

B.

"Family day care home (large)" means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home.

A facility designated as a family day care home but which provides day care to more than twelve children, including children who reside in the structure utilized as a day care facility, whether or not a home, shall be classified and treated in all respects as a child day care center.

(Ord. 816 § 4, 1986: prior code § 12062)

A farmworker center consists of:

A.

Permanent or seasonal farmworker housing as defined by this code, which is either contained in two or more units, or provides beds for at least five farmworkers; and

B.

Is regulated by the State Department of Housing and Community Development pursuant to Title 25 Farmworker Housing Regulations; and

C.

Contains no structures or uses except as may be specifically identified in use permit for the farmworker center, unless exempt from a use permit requirement under Section 18.104.295.

(Ord. No. 1323, § 1, 6-23-2009; Ord. 1246 § 4, 2004: Ord. 1040 § 3 (part), 1993: prior code § 12084)

"Farmworker housing" consists of permanent or seasonal accommodations for persons other than the owner or owner's family who are employed principally in agriculture (i.e., "qualified farmworker occupants" as used in this code) in any of the following locations:

A.

On the site of the housing; or

B.

On lands zoned AP or AW owned or controlled by the owner of the site containing the housing unless otherwise provided by state law; or

C.

On lands zoned AP or AW within fifteen miles of the site if the housing or the site on which the housing is located is owned or managed by a public agency.

(Ord. 1246 § 5, 2004: Ord. 1099 § 1, 1996: Ord. 1040 § 3 (part), 1993: prior code § 12085)

"Fence" means a continuous structural barrier at least ten feet in length generally parallel to the perimeter of a property boundary or use area. Fences may be solid, transparent, or both (e.g., slatted) and of wood, wire, stone, concrete, glass block, or other construction. Fences include "walls," as commonly defined, but do not include "entry structures" as defined by this code.

(Ord. 1107 § 2, 1996)

"Guest cottage" means a structure not containing kitchen facilities accessory to a single-family residence and designed and used primarily for sleeping accommodations by members of the same family which occupy the residence or their nonpaying guests. A guest cottage may include bar facilities including a bar sink with no dimension larger than twelve inches and a refrigerator not exceeding six cubic feet in capacity.

(Ord. 815 § 1, 1986: Ord. 591 § 1, 1979: prior code § 12044)

"Home occupation" means an occupation conducted in a dwelling unit by members of the family residing on the premises which is incidental to and subordinate to the use of the dwelling unit as a residence.

(Ord. 511 § 1 (part), 1976: prior code § 12020)

(Ord. No. 1370, § 1, 3-20-2012)

"Hunting club" means a private association organized to participate in wildlife hunting activities on private property for which the property owner is compensated for the use of his property. For the purpose of definition of a hunting club, a "property" shall be defined as the boundaries of any unit of land, whether a single legal parcel, multiple legal parcels, or a portion thereof that is made available by the terms of any lease or other agreement to a hunting club.

A.

"Hunting club (small)" means a hunting club with one hundred or less total days of operation per calendar year and fifteen or less total participants on a property at any given time. Sleeping structures in a hunting club (small) established after February 7, 1996 are limited in size and number in the following ways:

1.

The number and size of sleeping structures on any one property is commensurate with the approved level of hunting activity.

2.

Sleeping structures do not have permanent foundations, electrical facilities, or gas facilities.

3.

Sleeping structures are rustic in character and appearance.

4.

Any sleeping structure with a roof area greater than one hundred twenty square feet has obtained a building permit.

B.

"Hunting club (large) means a hunting club with more than one hundred total days of operation per calendar year or more than fifteen total participants on a property at any given time.

(Ord. 1105 § 2, 1996)

An "industrial identification sign" means a sign located in a maintained landscaped area at the entrance of an industrial park or development area for the purpose of identifying said park or development area.

(Ord. 829 § 1, 1986: prior code § 12066)

"Inhabited area" means any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis.

(Ord. 1097 § 3, 1996)

"Industry" means the processing of materials or fabricating of articles, including research, manufacturing and refining, and the packaging, treatment, assembly and storage of goods, materials, liquids and equipment in connection therewith. It includes sales of items produced on the premises.

(Ord. 539 § 1, 1977: prior code § 12034)

The term "junior accessory dwelling unit" means a unit as set forth in Government Code section 66313(d) or successor provision and means a unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

(Ord. No. 1423, § 1, 9-26-2017; Ord. No. 1456, § 1, 2-11-2020; Ord. No. 1495, § 9, 9-24-2024)

A "kitchen" means an area within any structure including, but not limited to, dwelling units containing one or more of the following facilities that are capable of being used for the preparation or cooking of food:

A.

Ovens or microwave ovens;

B.

Stoves or hot plates;

C.

Refrigerators exceeding six cubic feet;

D.

Dishwashers;

E.

Garbage disposals;

F.

Sinks having a drain outlet of larger than one and one-half inches in diameter; or

G.

Space, including any cabinets, for the storing of food.

(Ord. 815 § 2, 1986: prior code § 12064)

"Legal lot" shall have the same meaning as "legal lot of record" as defined in Section 17.02.320.

(Ord. 981 § 42, 1991: Ord. 797 § 1, 1985; Ord. 511 § 1 (part), 1976: prior code § 12029)

"Living area" means the interior inhabitable area of a dwelling unit including basements and attics but shall not include a garage or any accessory structure.

(Ord. 766 § 3, 1984: prior code § 12058)

"Low barrier navigation center" means a facility as defined in Government Code Section 65660(a) that meets all of the requirements of Government Code Sections 65660 et seq.

(Ord. No. 1495, § 10, 9-24-2024)

"Major skyline" means the top (crest) of the ridges bordering the Napa, Wooden, Capell, Chiles, Pope, and Berryessa Valleys.

(Ord. 1097 § 4, 1996)

"Manufactured home" means a structure as defined by Sections 18007 and 18210.5 of the California Health and Safety Code, and Section 5402(6) of Title 42 of the United States Code. As so defined, a manufactured home is a structure transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, includes the plumbing, heating, air-conditioning and electrical systems contained therein, and complies with at least one of the following:

A.

In the traveling mode is eight body feet or more in width or forty body feet or more in length; or

B.

When erected on-site is three hundred twenty or more square feet in size; or

C.

If neither of the foregoing size requirements is met, the manufacturer of the structure has voluntarily filed the certification and complied with the standards prescribed by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 United States Code Sections 5401 and following) and the regulations established under the authority of that Act.

(Ord. 975 § 5, 1990: prior code § 12073)

"Marketing of wine" means any activity of a winery which is conducted at the winery on a prearranged basis for the education and development of customers and potential customers with respect to wine which can be sold at the winery on a retail basis pursuant to Chapters 18.16 and 18.20. Marketing of wine may include cultural and social events directly related to the education and development of customers and potential customers provided such events are clearly incidental, related and subordinate to the primary use of the winery. Marketing of wine may include food service, including food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery.

Business events are similar to cultural and social events, in that they will only be considered as "marketing of wine" if they are directly related to the education and development of customers and potential customers of the winery and are part of a marketing plan approved as part of the winery's use permit. Marketing plans in their totality must remain "clearly incidental, related and subordinate to the primary operation of the winery as a production facility" (subsection (G)(5) of Sections 18.16.030 and subsection (I)(5) of 18.20.030). To be considered directly related to the education and development of customers or potential customers of the winery, business events must be conducted at no charge except to the extent of recovery of variable costs, and any business content unrelated to wine must be limited. Careful consideration shall be given to the intent of the event, the proportion of the business event's non-wine-related content, and the intensity of the overall marketing plan.

(Ord. No. 1340, § 1, 5-11-2010; Ord. 1104 § 11, 1996: Ord. 947 § 9 (part), 1990: prior code § 12071)

"Maximum credible earthquake" means the maximum earthquake predicted to affect a given location based on the known lengths of the active faults in the vicinity.

(Ord. 1097 § 5, 1996)

"Micro-winery" means a new winery or an existing micro-winery that modifies its use permit pursuant to Section 18.124.130.(F) below, both of which meet all of the requirements of the County Code applicable to a winery as well as the following specific restrictions and prohibitions:

A.

Ferments on-site at least 201 gallons of wine annually and has a production capacity of no more than 5,000 gallons of wine;

B.

At least 75 percent of the grapes used in fermentation on-site are grown on the same property as the micro-winery or contiguous parcels under the same ownership. For the purpose of this section, "the same property as the micro-winery" means any parcel or parcels identified as included within the Use Permit application;

C.

Has a maximum of 5,000 square feet of total enclosed space including storage, processing facilities, tasting areas, and caves;

D.

No more than twenty Average Daily Trips (ADT) (ten daily round trips) are generated by tasting room visitors, all winery employees including seasonal employees, and deliveries to and/or from the winery;

E.

No marketing events as defined in Section 18.08.370, are conducted on site;

F.

Tours and tastings, as defined in Section 18.08.620, and retail sales as defined in Sections 18.16.030(G)(5)(C) for wineries in the Agricultural Preserve and 18.20.030.(H).(5).(C) for the Agricultural Watershed, may be conducted on-site but are limited to between the hours of 9:00 a.m. and 6:00 p.m.;

G.

No subsequent application for an increase in the production of wine or tasting room visitation shall be considered within two years after the approval of the original micro-winery use permit.

H.

Micro-wineries shall only be permitted within the Agricultural Preserve (AP) and Agricultural Watershed (AW) zones.

(Ord. No. 1474, § 1, 4-5-2022)

"Minor antenna" means any of the following:

A.

A ground- or building-mounted receive-only radio or TV antenna whose total height including any mast to which it is attached is less than twenty feet;

B.

A ground- or building-mounted citizens band radio antenna whose total height including any mast to which it is attached is less than twenty feet;

C.

A single ground- or building-mounted whip (omni) antenna without a reflector less than four inches in diameter whose total height including any mast to which it is attached is less than twenty feet;

D.

A ground- or building-mounted panel antenna with a face area of less than four and one-half square feet;

E.

A ground- or building-mounted satellite dish less than ten feet in diameter; or

F.

A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service.

(Ord. 1097 § 6, 1996)

"Multiple-family dwelling unit" means dwelling units contained in a building designed to house two or more families living independently of each other, but not including a single-family dwelling unit that includes an accessory dwelling unit or junior accessory dwelling unit and not including two-unit developments pursuant to Section 18.104.440.

(Ord. 551 § 3, 1977: prior code § 12038)

(Ord. No. 1370, § 2, 3-20-2012; Ord. No. 1495, § 11, 9-24-2024)

"NIER" means non-ionizing electromagnetic radiation (i.e., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum.

(Ord. 1097 § 7, 1996)

"Noncommercial wind energy conversion system" means a system where:

A.

The height of the main supporting structure, as measured from the ground level at the base of the structure, plus the radius of the propeller, does not exceed ninety feet;

B.

The setback distance from the nearest property line and any inhabited structure is equal to or greater than the height of the project as determined by subsection (A) of this section;

C.

A single structure is located on the parcel it is meant to serve, and the purpose is for the generation of electrical energy for use or equivalent credit of the occupant of the property. Sale of surplus energy to the Pacific Gas and Electric Company pursuant to California Public Utilities Commission regulations shall be permitted under this section. The blade diameter of the wind energy conversion system shall not exceed thirty-two feet, the capacity of the unit shall be no greater than 25 kw, and the annual output shall not exceed fifty thousand kilowatt hours per year.

(Ord. 757 § 7, 1983: prior code § 12055)

"Nonconforming sign" means a sign constructed prior to the effective date of the ordinance codified in this title which does not conform to the provisions of this title.

(Ord. 511 § 1 (part), 1976: prior code § 12025)

"Off-site sign" means a sign which directs attention to an occupancy, business, commodity, service or entertainment conducted, sold or offered on another lot.

(Ord. 511 § 1 (part), 1976: prior code § 12024)

"On-site sign" means a sign which directs attention to an occupancy, business, commodity, service or entertainment conducted, sold or offered only on the lot where the sign is located.

(Ord. 511 § 1 (part), 1976: prior code § 12023)

"Parks and rural recreation uses and facilities" means a place or facility where outdoor recreational uses that are generally unsuitable for urbanized areas are conducted, with structural development limited to customarily accessory structures which are necessary to conduct the outdoor use. "Parks and rural recreational uses" does not include campgrounds or overnight lodging. "Parks and rural recreational uses" includes motorized activities only in connection with lakes and rivers, or as required by the Americans with Disabilities Act of 1990, as amended.

(Ord. No. 1326, § 3, 9-22-2009; Ord. 1105 § 3, 1996)

"Permittee" means the person who has been issued any permit pursuant to this title including, but not limited to, a use permit, variance, or certificate of compatibility, that person's successor in interest or any other person lawfully using such permit.

(Ord. 826 § 1, 1986: prior code § 12065)

"Political sign" means a sign that advocates election of a candidate, recall or retention of an officeholder, passage or defeat of a ballot measure, or that solicits signatures for initiative, referendum, or recall petitions.

(Ord. 1260 § 1, 2005: Ord. 511 § 1 (part), 1976: prior code § 12026)

"Principal zoning district" means any zoning district with which a combining zoning district is combined pursuant to provisions of this code.

(Ord. 556 § 2, 1978: prior code § 12039)

"Personal use airport and heliport" means an airport or heliport limited to the noncommercial activities of an individual owner or family and occasional invited guests.

(Ord. 1242 § 1, 2004: Ord. 564 § 2, 1978: prior code § 12043)

A "private school" means a state-licensed school providing academic classroom instruction for preschool through twelfth grade. Ancillary uses and facilities shall be limited to school administrative offices, school cafeteria, school auditorium and recreational facilities designed and limited to enrolled students. These ancillary uses are included in the definition of a private school. Commercial facilities such as beauty schools, business schools, computer schools, cooking schools or martial arts schools are not included in this definition. Private schools shall be classified as follows:

A.

"Private school (home instruction)" means academic instruction given at a residence by the owners or renters of the residence to six or fewer children who reside at the residence.

B.

"Private school (institutional)" means all other privately-conducted academic instruction.

(Ord. 892 § 1, 1988: prior code § 12067)

"Public kennels" means any facility in which five or more dogs or cats are kept, boarded or trained for remuneration, whether or not in special structures. As used in this title, the terms "public kennel" and "kennel" may be used interchangeably and shall share this definition.

(Ord. 527 § 5 (part), 1977: prior code § 12030)

(Ord. No. 1370, § 3, 3-20-2012)

"Public stable" means a facility for the commercial boarding of horses or for the housing of horses for rental, or both. As used in this title, the terms "public stable" and "stable" may be used interchangeably and shall share this definition.

(Ord. 527 § 5 (part), 1977: prior code § 12031)

(Ord. No. 1370, § 4, 3-20-2012)

"Quasi-private recreation uses and facilities" means non-commercial rural recreation uses and facilities, where public use is by invitation only, and where the uses and facilities are located on property whose primarily natural condition and resources are permanently protected through a conservation easement or other property interest held either by an independent qualified non-profit land conservation organization or by a public agency.

(Ord. No. 1326, § 4, 9-22-2009)

"Quasi-public use" means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.

(Ord. 1097 § 8, 1996: Ord. 1022 § 1 (part), 1992: prior code § 12080)

"Readily visible" means an object that stands out as a prominent feature of the landscape when viewed with the naked eye.

(Ord. 1097 § 9, 1996)

"Recreation vehicle" means a vehicular-type unit primarily designed as temporary living quarters for recreational or travel use and which either has its own motive power or is mounted on or drawn by another vehicle. Examples of recreation vehicles are: travel trailer, camping trailer, truck camper and motor home. "Recreation vehicle" does not include mobilehomes.

(Ord. No. 1326, § 5, 9-22-2009; Ord. 633 § 2 (part), 1980: prior code § 12050)

"Recreation vehicle park" (RVP) means a parcel of land upon which two or more recreation vehicle sites are located, established or maintained for occupancy by recreation vehicles of the general public as limited-term living quarters.

(Ord. 633 § 2 (part), 1980: prior code § 12051)

"Recreation vehicle site" is any area or tract of land, or portion of a recreation vehicle park, designed or used for the limited-term occupancy of one recreation vehicle.

(Ord. 633 § 2 (part), 1980: prior code § 12052)

"Recycling facility" means a facility for the collection, processing, wholesale and bulk sales, and/or temporary storage of recyclable materials, including a facility whose principal function is to process wastes which have already been separated for reuse and are not intended for disposal. Recycling facility does not include automotive wrecking yards. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. A recycling facility may include incidental, related accessory uses such as an office or vehicle storage and repair areas (for those vehicles used exclusively as part of recycling program).

(Ord. 1022 § 1 (part), 1992: prior code § 12082)

The terms "rent" or "rental fee" include any form of remuneration including cash, goods or services, barter or forgiveness of indebtedness rendered, whether or not received, to an owner or occupant in exchange for the privilege of occupying a room, apartment, suite or dwelling unit over any period of time.

(Ord. 759 § 6, 1983: prior code § 12056)

"Residential care facility" means any family home, group care facility, alcoholism recovery facility or similar facility for twenty-four hour nonmedical care of persons in need of personal services, supervision, assistance essential for sustaining the activities of daily living or for the protection of the individual including, but not limited to, those facilities identified in Section 5116 of the Welfare and Institutions Code and Section 11834.11 of the Health and Safety Code. Residential facilities shall be classified as follows:

A.

"Residential care facility (small)" means a facility which provides for the care of six or fewer persons.

B.

"Residential care facility (medium)" means a facility which provides for the care of not less than seven nor more than twelve persons.

C.

"Residential care facility (large)" means a facility which provides for the care of more than twelve persons.

(Ord. 816 § 5, 1986: prior code § 12063)

"Sanitary landfill" means such facilities as defined by Public Resources Code Section 46027.

(Ord. 1022 § 1 (part), 1992: prior code § 12083)

"Satellite earth station" means a telecommunication facility consisting of more than a single satellite dish smaller than ten feet in diameter that transmits to and/or receives signals from an orbiting satellite.

(Ord. 1097 § 10 (part), 1996)

"Satellite dish" means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas.

(Ord. 1097 § 10 (part), 1996)

"Seasonal farmworker center" is a farmworker center, as defined by Section 18.08.293 of this code, composed entirely of farm labor trailers, as defined by Section 15.40.010 of this code, or which includes permanent structures existing on the effective date of the ordinance codified in this section, provided that more than half the beds in such structures are occupied for no more than one hundred twenty days in any calendar year, and for no more than ninety days consecutively. No beds in the farmworker center are occupied for more than two hundred seventy days in any calendar year, and all beds occupied for more than one hundred twenty days are in permanent structures.

(Ord. No. 1323, § 2, 6-23-2009; Ord. 1040 § 3 (part), 1993: prior code § 12086)

Editor's note— Ord. No. 1495, § 12, adopted September 24, 2024, repealed § 18.08.550, which pertained to Second Unit.

Editor's note— Ord. No. 1456, § 3, adopted Feb. 11, 2020, repealed former § 18.08.551 in its entirety which defined interior second units and derived from Ord. No. 1423, § 3, adopted Sept. 26, 2017.

"Sign" means any display used to promote the interest of any person, product, or place of business when placed out-of-doors, other than in an enclosed courtyard, except the following:

A.

Any official notice issued by a court or public agency or posted by a public official in the performance of a public duty or by any person in giving legal notice;

B.

Display required or authorized by law.

(Ord. 511 § 1 (part), 1976: prior code § 12021)

"Sign area" means the entire area enclosed within the extreme limits of a sign frame, excluding the necessary supports or uprights on which the sign is placed. In the case of a sign with two or more faces, the area of all faces shall be included in the sign area. When only one face of a sign is used, the sign area shall be the area of one face.

(Ord. 511 § 1 (part), 1976: prior code § 12022)

"Awning sign" means any sign affixed to or part of an awning or entrance canopy which is itself permanently attached to or built as part of a building. Such signs shall be considered wall signs for the purpose of establishing the allowable area.

(Ord. 1046 § 1 (part), 1993: prior code § 12089)

"Freestanding sign" means any sign mounted upon its own standard or pole which is supported by structural anchorage to the ground, including monument signs.

(Ord. 1046 § 1 (part), 1993: prior code § 12089.1)

"Monument sign" means a freestanding sign mounted on a solid base that is no higher than four feet above the surface of the ground on which it is placed.

(Ord. 1046 § 1 (part), 1993: prior code § 12089.2)

"Sign structure" means the supports and framework of any sign including the advertising sign panels. A sign structure is considered to be an integral part of a sign and is not a permitted use independent of a sign.

(Ord. 1046 § 1 (part), 1993: prior code § 12089.3)

"Wall sign" means any sign affixed to or painted directly upon a building in such a manner that the face of the sign is substantially parallel to the plane of the building frontage, does not project more than twelve inches therefrom and does not extend above the roof line, facade, eaves or parapet of the building on which it is located.

(Ord. 1046 § 1 (part), 1993: prior code § 12089.4)

"Window sign" means any sign affixed to or displayed on the interior of an establishment so as to be readable from the exterior. Total signage shall not exceed more than twenty-five percent of the total window area.

(Ord. 1046 § 1 (part), 1993: prior code § 12089.5)

"Single-family dwelling unit" means a dwelling unit containing not more than one kitchen, designed to be occupied by not more than one family, and includes a manufactured home as defined in Section 18.08.360 which is installed on a permanent foundation and certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sections 5401 and following).

(Ord. 975 § 4, 1990: Ord. 551 § 2, 1977: prior code § 12037)

"Single parcel" means a single "legal lot of record" as defined in Section 17.02.320.

(Ord. 981 § 43, 1991: Ord. 947 § 9 (part), 1990: prior code § 12072)

"Single room occupancy unit" means a living space with a minimum floor area of one hundred fifty square feet and a maximum of four hundred square feet restricted to occupancy by no more than two persons. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

(Ord. No. 1323, § 3, 6-23-2009)

"Small winery" means an existing winery with a maximum annual production capacity of twenty thousand gallons of wine that meets the following conditions:

A.

A small winery shall be located on a parcel of land four acres or larger in size.

B.

Small winery buildings and related facilities shall not be located in any county-designated environmentally-sensitive area.

C.

A small winery does not conduct public tours, provide wine tastings, sell wine-related items or hold social events of a public nature.

D.

A small winery shall meet all requirements of the county's Design Criteria for Small Winery.

(Ord. 681 § 1, 1981: Ord. 629 § 1 (part), 1980: prior code § 12048)

(Ord. No. 1370, § 5, 3-20-2012)

"Solid waste transfer station" means a facility either owned by, operated by, or on behalf of a governmental agency, or through a joint powers agreement (Government Code Section 6500 et seq.), which receives solid wastes, temporarily stores, separates, converts, or otherwise processes the materials in the solid wastes, or transfer the solid wastes directly from smaller to larger vehicles for transport. This does not include a facility whose principal function is to process wastes which have already been separated for reuse and are not intended for disposal.

(Ord. No. 1495, § 13, 9-24-2024)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community, or as otherwise defined in Government Code Section 65582(g). The "target population" is as defined in Government Code Section 65582(i).

(Ord. No. 1495, § 14, 9-24-2024)

"Supportive housing, permanent" means housing as defined in Government Code Section 65650(a) serving the target population as defined in Government Code Section 65650(c) that meets all of the requirements of Government Code Sections 65650 et seq.

(Ord. No. 1495, § 15, 9-24-2024)

"Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures supporting said equipment; equipment buildings; parking areas; and other accessory development. It does not include facilities staffed with other than occasional maintenance and installation personnel, minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260, vehicle or other outdoor storage yards, offices, or broadcast studios other than those designed for emergency use.

(Ord. 1097 § 11 (part), 1996)

"Co-located telecommunication facility" means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity, except as specifically defined in Section 18.119.215 for such facilities permitted under that section.

(Ord. No. 1318, § 1, 6-9-2009; Ord. 1097 § 11 (part), 1996)

"Commercial telecommunication facility" means a telecommunication facility that is operated primarily for a business purpose or purposes.

(Ord. 1097 § 11 (part), 1996)

"Multiple-user telecommunication facility" means a telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity.

(Ord. 1097 § 11 (part), 1996)

"Non-commercial telecommunication facility" means a telecommunication facility that is operated solely for a non-business purpose.

(Ord. 1097 § 11 (part), 1996)

"Telecommunications tower" means a mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast less than ten feet tall and six inches in diameter supporting a single antenna shall not be considered a telecommunications tower.

(Ord. 1097 § 11 (part), 1996)

"Tourist and excursion transportation facilities" means any depot, staging or waiting area, parking area, ticket sales booth or facility, retail or wholesale food sale establishments, loading platform or other facility or activity relating to the transport of passengers by bus, train, van, limousine, horse drawn carriage, helicopter, balloon or other similar means of transportation on a regularly scheduled or user requested basis.

(Ord. 902 § 1, 1988: prior code § 12068)

"Tours and tastings" means tours of the winery and/or tastings of wine, where such tours and tastings are limited to persons who have made unsolicited prior appointments for tours or tastings. Tours and tastings may include food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery and is incidental to the tasting of wine. Food service may not involve menu options and meal service such that the winery functions as a café or restaurant.

(Ord. No. 1340, § 2, 5-11-2010; Ord. 947 § 9 (part), 1990: prior code § 12070)

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance, or as otherwise defined in Government Code Section 65582(j).

(Ord. No. 1495, § 16, 9-24-2024)

"Urbanizing" or "urbanization" in the case of parcels included within the:UR combination zoning district means any subdivision of the parcel(s), or any use or development of the parcel(s) that is not needed for the agricultural use of that parcel.

(Ord. 1082 § 2, 1995)

"Useful life span" means the time period for depreciation initially placed on a sign or other structure for federal income tax purposes, at the end of which the sign or other structure is regarded as essentially valueless for accounting purposes. Once established, the useful life span of a sign or other structure is not extended by change of ownership or addition of improvements.

(Ord. 511 § 1 (part), 1976: prior code § 12027)

"Wildlife rescue center" means a facility permitted by the U.S. Department of the Interior, the U.S. Fish and Wildlife Service, and/or the California Department of Fish and Game addressing the rehabilitative needs of wildlife where such wildlife species are now or once were native to the county. A wildlife rescue center may include structures not to exceed a cumulative five thousand square feet of interior area. Such wildlife rescue center structures may include medical rooms, rooms housing wildlife, and accessory uses such as reception areas, offices, training rooms, restrooms, storage areas, and break rooms. Wildlife rescue centers may also include wildlife cages and/or pens provided that such facilities comply with all county-required yards and setbacks, regardless of whether or not such cages and/or pens would otherwise require a building permit. Standalone wildlife cages and/or pens shall not be subject to the cumulative five thousand square foot interior area limitation.

(Ord. No. 1370, § 6, 3-20-2012)

"Winery" means an agricultural processing facility used for:

A.

The fermenting and processing of grape juice into wine; or

B.

The refermenting of still wine into sparkling wine.

(Ord. 947 § 8, 1990: Ord. 629 § 1 (part), 1980: prior code § 12047)

A.

"Front yard" means the space between the front lot line (see also Section 18.08.190) and the nearest building except that if the lot fronts on a public street, road or highway or a private road, the front yard begins at the outer perimeter of the road setback prescribed by Chapter 18.112 (commencing with Section 18.112.010) rather than at the front lot line. The front yard extends across the full width of the lot, from one side lot line to the other on a rectangular lot or as designated by the director in other instances based on orientation of a structure or its entrance, topography, location of other structures, and location of access roadway(s) in the case of a nonrectangular lot.

B.

"Rear yard" means the space between the rear lot line and any structure other than those permitted by Section 18.104.260, except that if the rear lot line adjoins a public street, road or highway or a private road, the rear yard begins at the outer perimeter of the road setback prescribed by Chapter 18.112 (commencing with Section 18.112.010) rather than at the rear lot line. The rear yard extends across the full width of the lot, from one side lot line to the other in the case of a rectangular lot, or as designated by the director in other instances based upon orientation of a structure or its entrance, topography, location of other structures, and location of access roadway(s), in the case of a nonrectangular lot. The rear yard is that yard most nearly opposite the front yard.

C.

"Side yard" means the space between the side lot line and any structure other than those permitted by Section 18.104.260, except that if the side lot line adjoins a public street, road or highway or a private road, the side yard begins at the outer perimeter of the road setback prescribed by Chapter 18.112 (commencing with Section 18.112.010) rather than at the side lot line. The side yard extends between the inner perimeters of the front yard and the rear yard touching a lot line.

(Ord. 1003 § 1, 1992: prior code § 12075)