Chapter 20.28 ADMINISTRATION

A. This article is intended to limit the number and extent of nonconforming uses by prohibiting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy.

B. While permitting the use and maintenance of nonconforming structures and signs, this article is intended to limit the number and extent of nonconforming structures and certain nonconforming signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title and by prohibiting their restoration after destruction.

C. Eventually, certain classes of nonconforming uses, nonconforming structures of nominal value and certain nonconforming signs are to be eliminated or altered to conform. (Ord. 950 § 2 (Exh. A § 2300), 1998.)

20.28.010 Applicability to commercially zoned property

A. For buildings and uses existing on March 17, 1980, in all commercial zones, the City Council has found and determined, after study and recommendation made by the planning commission, that the classification of uses adopted to implement the current general plan and bring this Title to conformity therewith, as to uses in commercial zones, would work unnecessary hardship upon the owners and occupants of properties and businesses in the said zones if such uses were to be rendered nonconforming and subject generally to the provisions of this article, without counterbalancing service of public need or convenience. The determination herein made is based upon an enumeration and study of the precise uses that would be rendered nonconforming were it not for the provisions of this article.

B. Therefore, buildings and uses, not including signs, which would be nonconforming under the regulations adopted for the said zones by amendments effective March 17, 1980, shall be exempt from this article, and shall be considered as permitted uses under this Title. Such use may be continued in the location in which they existed on March 17, 1980, without restriction as to repair, maintenance, or replacement in the event of disaster or other loss, or transfer of ownership.

C. Such uses shall not, however, be replaced after voluntary abandonment or termination by the owner or with the consent of the owner of the property, and buildings that do not conform to all current requirements of this Title as to height, bulk, setback, size, off-street parking and similar requirements, shall not be enlarged or extended to occupy additional land without a conditional use permit.

D. The replacement of existing buildings, whether or not for a prior use, shall comply with all height, bulk, setback, design review, off-street parking and similar requirements set forth by this Title. (Ord. 950 § 2 (Exh. A § 2305), 1998.)

20.28.015 Continuation and maintenance

A. A use, lawfully occupying a structure or a site on the effective date of Ordinance 950 (September 2, 1998) or of amendments thereto, that does not conform with the use regulations for the zoning district in which the use is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this article.

B. A structure, lawfully occupying a site on the effective date of this Title or of amendments thereto, that does not conform with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located, shall be deemed to be a nonconforming structure and may be maintained, except as otherwise provided in this article.

C. A sign, outdoor advertising structure, or display of any character, lawfully occupying a site on the effective date of this Title or of any amendments thereto, that does not conform with the standards for location, size, outdoor advertising structures, and displays for the district in which it is located shall be deemed to be a nonconforming sign and may be displayed and maintained, except as otherwise provided in this article.

D. Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, on a nonconforming structure, and on a nonconforming sign.

E. Any parcel of land that is the result of a legal subdivision of land may be allowed to have improvements constructed on it even though the minimum lot area, width or depth requirements of this Title may not be satisfied; provided, that any proposed development complies with all other applicable requirements for the district in which it is located, unless a variance has been obtained to grant relief from the standards that would otherwise apply.

F. A minor antenna and its associated support structure, including those facilities used by licensed amateur radio operators in the Amateur Radio Service, installed prior to April 7, 1997, shall be deemed legal, prior existing facilities and shall not be subject to any of the requirements established in HMC 20.20.080 or the zoning district in which it is located. However, if the facility use is abandoned for a continuous period of six months, the facility is destroyed in excess of 50 percent of its appraised value or the facility is expanded, enlarged or rebuilt in excess of 15 percent of the appraised value in any one-year period, then the appropriate requirements of HMC 20.20.080 shall apply. (Ord. 950 § 2 (Exh. A § 2310), 1998.)

20.28.020 Alterations and additions to nonconforming uses, structures and signs

A. No structure, the use of which is nonconforming, and no nonconforming sign, shall be moved, altered, or enlarged unless required by law, or unless the moving, alteration, or enlargement will result in the elimination of the nonconformity, except that:

1. A nonconforming residential use or structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, or enlarged if destroyed by fire, acts of God, or by the public enemy; provided, that the number of dwelling units is not increased.

2. A nonconforming hotel use or structure located in a commercial district may be altered or replaced if destroyed by fire, acts of God, or by the public enemy; provided, that the number of hotel rooms is not increased.

B. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the place occupied by the nonconforming use, except as permitted in this section.

C. No nonconforming use shall be enlarged or extended in such a way to occupy any part of the structure or site which it did not occupy on the effective date of this title or of the amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section.

D. No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which the structure is located.

E. The nonconforming use of a structure or site shall not be changed to another nonconforming use.

F. No use which fails to meet the required conditions for the district in which it is located shall be enlarged or extended or shall have equipment replaced unless the enlargement, extension, or replacement will result in the elimination of nonconformity with required conditions. (Ord. 1234 § 4, 2023; Ord. 1233 § 4, 2023; Ord. 1090 § 4 (Exh. B § 2315), 2009; Ord. 950 § 2 (Exh. A § 2315), 1998.)

20.28.025 Abandonment of nonconforming use

A. Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of 90 days, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations of the district in which it is located.

B. Notwithstanding the time period given above, a residential visitor lodging operation shall not be considered abandoned or discontinued if a transient use occupancy is demonstrated by timely payment of transient occupancy fees within any continuous period of 180 days. (Ord. 980 § 2 (Exh. A § 2320), 2001; Ord. 950 § 2 (Exh. A § 2320), 1998.)

20.28.030 Restoration of damaged structure

The following regulations apply regarding restoration of a damaged structure:

A. Whenever a structure that does not comply with the standards of coverage, front yard, side yard, rear yard, height of structures, distances between buildings, courts, or usable open space prescribed in the regulations for the district in which the structure is located, or the use of which does not conform with the regulations for the district in which the structure is located, is destroyed by fire or other calamity, by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed; provided, that the restoration is started within one year and diligently pursued to completion.

B. Whenever a structure that does not comply with the standards of coverage, front yard, side yards, rear yard, height of structures, distances between structures, courts, or usable open space prescribed in the regulations for the district in which it is located, or the use of which does not conform with the regulations for the district in which it is located, is destroyed by fire or other calamity, by an act of God, or by the public enemy to an extent greater than 50 percent, or is voluntarily razed or is required by law, the structure shall not be restored, except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed. Notwithstanding the above, a nonconforming residential structure located in a residential, office or commercial district and single-family residences in an industrial district may be moved, altered, enlarged, or replaced if destroyed by fire, acts of God, or the public enemy; provided, that the number of dwelling units is not increased. Nonconforming multifamily housing located in an Industrial District that is destroyed may only be replaced if the findings set forth in Government Code Section 65852.25 can be met as determined by the planning commission. Further, notwithstanding the above, a nonconforming hotel structure with more than five guest rooms, located in the Downtown Commercial (CD) District, may be altered or replaced and the hotel use resumed if destroyed by fire, acts of God, or the public enemy, to an extent greater than 50 percent; provided, that the number of hotel rooms is not increased from the use preceding the damage.

C. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or reviewed and approved by the planning and building director. (Ord. 1234 § 5, 2023; Ord. 1233 § 5, 2023; Ord. 1090 § 4 (Exh. B § 2325), 2009; Ord. 950 § 2 (Exh. A § 2325), 1998.)

20.28.035 Elimination of nonconforming signs, fences, walls and hedges

Except as provided in HMC 20.28.040, a nonconforming sign, fence, wall or hedge shall be removed or altered to be in compliance with the district regulations within seven days or if a determination by the planning and building director is made that it presents a health or safety hazard. (Ord. 950 § 2 (Exh. A § 2330), 1998.)

20.28.040 Establishment of nonconforming use status

Whenever a use, structure or sign becomes nonconforming because of a change of zoning district boundaries or a change of regulations for the district in which it is located, the period of time prescribed in this article for the elimination of the use or the removal of the structure or the sign shall be computed from the effective date of the change of district boundaries or regulations. (Ord. 950 § 2 (Exh. A § 2335), 1998.)

Article II Determination of Unspecified Uses

20.28.045 Purpose and initiation

In order to ensure that this Title will permit all similar uses in each district, the zoning administrator shall determine whether a use not specifically listed as a permitted or conditionally permitted use in a zoning district shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed. (Ord. 1090 § 4 (Exh. B § 2400), 2009; Ord. 950 § 2 (Exh. A § 2400), 1998.)

20.28.050 Application

Application for a determination that a specific use should be included as a permitted or a conditional use in a zoning district shall be made in writing to the zoning administrator, and shall be accompanied by a detailed description of the proposed use, site location, site plan and such other information as may be required by the zoning administrator. (Ord. 1090 § 4 (Exh. B § 2405), 2009; Ord. 956 § 2 (Att. A § 2405), 1999; Ord. 950 § 2 (Exh. A § 2405), 1998.)

20.28.055 Investigation

The planning and building department shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those specifically listed in this Title, and make a determination of its classification. (Ord. 950 § 2 (Exh. A § 2410), 1998.)

20.28.060 Determination

The determination of the zoning administrator as to the disposition of the unspecified use shall be rendered in writing within 60 days, unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusions. (Ord. 950 § 2 (Exh. A § 2415), 1998.)

20.28.065 Effective date of determination

Within 15 days following the date of a decision of the zoning administrator on a request for a determination of use, a written summary of the decision shall be transmitted to the planning commission. A decision shall become effective 10 days following the date on which the determination was made or on the day following the next meeting of the planning commission, whichever is later, unless an appeal has been taken to the commission, or unless the commission shall elect to review the decision of the zoning administrator. Appeals shall be handled as specified in HMC 20.28.085. (Ord. 950 § 2 (Exh. A § 2420), 1998.)

Article III General Administrative Procedures

20.28.070 Purpose

This article establishes general administrative procedures for administering and implementing the Land Use Code. The provisions outlined and set forth in this article are established for all administrative procedures. (Ord. 950 § 2 (Exh. A § 2500), 1998.)

20.28.075 Reviewing entities

Three reviewing entities are hereby established and described as follows:

A. City Council. The City Council is established through the incorporation of the City of Healdsburg and has final review of all matters relating to planning and zoning, subject to delegation of such authority as provided in this title.

B. Planning Commission. The planning commission is established for the purpose of taking final action on certain applications and recommending actions on other applications to the City Council.

The powers and duties of the planning commission shall include:

1. Authority to hear and decide:

a. Applications for major conditional use permit;

b. Applications for variances, with the exception of those made by the zoning administrator, pursuant to HMC 20.28.215;

c. Applications for major design review;

d. Adoption of negative declarations or EIR certification and findings when associated with another application acted upon by the planning commission.

2. Authority to review and make recommendations to the City Council on:

a. Applications for ordinance amendments and zoning map changes;

b. Applications for tentative subdivision maps;

c. Applications for General Plan amendments;

d. Environmental documentation where final permit approval is made by the City Council.

3. Authority to act upon appeal of any order, requirement, permit, decision, or determination made by an administrative or appointed official, such as the planning department staff, planning director or zoning administrator in the administration or enforcement of this title.

4. The planning commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this title. All meetings shall be open to the public. The planning commission shall keep minutes of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its own examinations and other official actions, all of which shall be a public record and be immediately filed with the planning department.

C. Zoning Administrator. A zoning administrator may be appointed to perform certain duties as described in this title and as authorized by the State Planning and Zoning Law. The City Manager shall appoint the zoning administrator and determine qualifications for the office.

1. The zoning administrator provides a method by which minor adjustments from ordinance requirements can be made without the delays resultant to the setting of such matters for public hearing before the planning commission and to relieve the planning commission from certain minor and routine matters.

2. The zoning administrator shall have the authority to grant or conditionally grant minor use permits, minor temporary use permits, minor variances, and determinations of unspecified uses as set forth elsewhere in this title.

3. The zoning administrator shall adopt rules and regulations to govern the procedures at public meetings and to set times for required meetings. All meetings shall be open to the public.

D. Table 22 summarizes the various reviewing and approval bodies for applications made pursuant to this title.

Table 22 Permit approval matrix
Application Type	Recommending Authority	Approval Authority	Appeal	Final Decision-Making Body
Building relocation	None	Building official and planning director	Planning commission	City Council
Conditional use permit – major	Staff	Planning commission	City Council	City Council
Conditional use permit – minor	Staff	Zoning administrator	Planning commission	City Council
Design review – major	Staff	Planning commission	City Council	City Council
Design review – minor	Staff	Planning and building director	Planning commission	City Council
Determination of use	Staff	Zoning administrator	Planning commission	City Council
General Plan amendment (map and/or text)	Planning commission	City Council	None	City Council
Variance – major	Staff	Planning commission	City Council	City Council
Variance – minor	Staff	Zoning administrator	Planning commission	City Council
Temporary use permit – major	Staff	Planning commission	City Council	City Council
Temporary use permit – minor	Staff	Zoning administrator	Planning commission	City Council
Zone change	Planning commission	City Council	None	City Council
Zoning ordinance amendment (rezone and prezone)	Planning commission	City Council	None	City Council

Staff: The professional staff of the planning and building department

(Ord. 1231 § 17, 2023; Ord. 1187 § 6, 2019; Ord. 1012 § 2 (Exh. A § 10), 2004; Ord. 950 § 2 (Exh. A § 2505), 1998.

20.28.080 Public notice requirements

A. Notice shall be given in accordance with state law and as set forth in Table 23. In addition, the City may give notice of hearings in any other manner deemed necessary or desirable so long as compliance with state law is assured.

Table 23 Notification requirements
Type of Procedure, Permit or Hearing	Surrounding Properties	Publication	On-Site Posting	On-Site Sign
Appeal	(1)	(1)	(1)	(1)
Conditional use permit – major	yes	yes	no	yes
Conditional use permit – minor	yes	no	yes	no
Determination of use	no	no	no	no
General Plan amendment (map designation)	(2)	yes	no	yes
General Plan amendment (text)	no	yes	no	no
Design review – major	yes	yes	no	yes
Design review – minor	no	no	no	no
Variance – major	yes	yes	no	yes
Variance – minor	yes	no	yes	no
Temporary use permit – minor	yes	no	yes	no
Temporary use permit – major	yes	yes	no	yes
Subdivision – major	yes	yes	no	yes

(1) Notification shall occur in the same manner as required for the original application.

(2) Surrounding properties are notified if the amendment affects permitted uses and property.

B. Where notification of surrounding property owners is required, the following shall apply:

1. Notice of the hearing shall be mailed or delivered to all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the real property that is the subject of the hearing. This shall be as measured from the exterior property boundaries of the subject property, regardless of intervening streets.

2. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City, in lieu of mailed or delivered notices, may provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the community.

C. For all hearings requiring publication of notice, notice shall be made by publication in a local newspaper of general circulation within the community at least one time. (Ord. 1231 § 18, 2023; Ord. 1187 § 7, 2019; Ord. 1049 §§ 1,2, 2006; Ord. 1012 § 2 (Exh. A § 11), 2004; Ord. 950 § 2 (Exh. A § 2510), 1998.)

20.28.085 Appeal procedures

A. Any action taken by the planning and building director, zoning administrator and/or planning and building department staff in the administration or enforcement of the provisions of this Title may be appealed by any person aggrieved, or by any officer, commission or department of the City. Such appeals shall be made to the planning commission. Any action taken by the planning commission may be appealed to the City Council.

B. The notice of appeal shall be in writing and shall be filed with the planning and building department on forms provided by the City. An appeal from any action in the administration or enforcement of this Title shall indicate specifically the error or abuse of discretion.

C. Any appeal shall be filed within 10 days after the hearing or action from which the appeal is made. Upon the filing of an appeal, the planning and building department shall transmit a copy of the appeal to the body authorized to hear the appeal.

D. For appeal from actions taken by the planning and building director, zoning administrator or planning and building department, the following procedures shall govern:

1. Upon receipt of the notice of appeal, the planning and building department shall set a date for planning commission hearing of the matter and give notice of the date, time and place of the hearing to the applicant and appellant. Further, the planning and building department shall give public notice of the hearing at least 10 days prior to the hearing. Prior to the hearing, the planning and building department shall transmit a report to the planning commission summarizing a report of findings regarding the appeal.

2. The planning commission shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The commission may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter. The planning commission shall transmit a copy of decision to the applicant, appellant and the planning and building department.

E. For appeal from actions taken by the planning commission, the following shall govern:

1. Upon receipt of the notice of appeal, the City Clerk shall set a date for City Council hearing of the matter and give notice of the date, time, and place of the hearing to the applicant, the appellant, and the planning department. The City Clerk shall give public notice of the hearing at least 10 days prior to the date of the hearing. Prior to the hearing, the planning department shall transmit a report to the City Clerk summarizing a report of findings regarding the appeal.

2. The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this Title. The City Clerk shall transmit a copy of the decision to the applicant, appellant, and the planning department. (Ord. 950 § 2 (Exh. A § 2515), 1998.)

20.28.088 Continuance of an agendized public hearing item

Applicants for discretionary approvals may request up to a maximum of two continuances of an agendized public hearing item. Applicants are required to submit their request in writing or email to the planning and building department director a minimum of 24 hours prior to the start of the scheduled public hearing. (Ord. 1132 § 2, 2014.)

20.28.090 Fees

A filing fee, as determined by City Council resolution, shall accompany an application for any action taken under the provisions of this article. Any applications made by the City or any of its representatives shall be exempt from this requirement. (Ord. 950 § 2 (Exh. A § 2520), 1998.)

20.28.095 Provision of materials

The City shall make available to interested members of the public necessary publications relating to the administration of this Title, at a fee adopted separately by City Council resolution. (Ord. 950 § 2 (Exh. A § 140), 1998.)

Article IV Design and Architectural Review

20.28.100 Purpose

The purpose of design review is to:

A. Preserve the natural beauty and attractiveness of new development where it occurs;

B. Promote and, wherever possible, improve the appearance of the community;

C. Ensure that indiscriminate clearing of property is minimized and the destruction of trees and shrubs is also minimized;

D. Obtain the best possible traffic circulation within the community;

E. Ensure that the design and layout of new development projects are compatible with the Healdsburg General Plan, applicable sections of the Land Use Code and are in scale and character with surrounding land uses. (Ord. 950 § 2 (Exh. A § 2600), 1998.)

20.28.105 Design review authority

Minor design review applications are approved by the planning director, or his/her designee, based upon compliance with the applicable Land Use Code standards and the adopted Citywide Design Guidelines. A determination letter shall be issued that identifies how the project’s design meets the standards of the Land Use Code, the design guidelines, and findings for design review approval.

A. The following applications are minor design review applications, subject to review by the planning and building director. More complex or sensitive projects may be referred to the planning commission:

1. Minor changes to the exterior of existing nonresidential buildings that require a building permit. This includes, but is not limited to, significant facade changes, relocation of storefront doors and windows, etc.

2. A change of use in a nonresidential building and site not involving substantial site changes. This determination will be made at the time of business license application.

3. Changes to a nonresidential site not involving major structural or site changes or changes of use. This includes site alterations such as construction of parking shade structures or other accessory structures.

4. Construction of or an expansion greater than 500 square feet to a one-family dwelling on a site uphill and visible from a scenic highway or road, or located within a scenic ridgeline corridor designated by the General Plan as determined by the planning and building director.

5. Construction of one single-family dwelling within the Grove Street Neighborhood Plan.

6. Construction of new single-family dwellings where design review is required as a condition of approval of subdivision maps.

7. Within Character Area 1 (as identified in the Citywide Design Guidelines Chapter 4), construction of one single-family dwelling or a new second story addition, or significant change to the primary facade. A significant change to a primary facade is one that results in a substantive change to the appearance of the front of the building that is visible from the street. This could include enclosure of a front porch, removal of window(s), demolition of some or all of the primary facade, an addition to the primary facade, a change in roof form or other similar alterations that fundamentally change the appearance of the primary facade.

8. Projects subject to minor design review by any other provision of the Land Use Code.

B. The planning commission may approve, conditionally approve, or deny applications for major design review. The following applications are major design review applications, subject to review by the planning commission at a public hearing:

1. Commercial, industrial, office and residential projects (two or more residential units per site) which involve the development of vacant land with site and building improvements or involving major changes or additions to a previously developed site. Examples of these types of development projects include new warehouse buildings, multifamily residential buildings, hotels, or major additions to existing structures.

2. Applications involving a change of use that requires substantial changes to a nonresidential site and proposals for exterior building modifications. An example of this type of project would include changing of a site from a warehouse to an outdoor storage yard.

3. Projects subject to development approval by the planning commission, such as subdivisions, use permits and projects requiring the approval of variances, that also include a design review permit. An example of this type of project would include a tentative subdivision map which includes a specific housing type as part of the application, a Residential Master Plan, or a residential visitor lodging operation that includes modification or addition to the structure.

4. Signs that are part of a larger project subject to design review by the planning commission. An example of this type of project would include a master sign program for a new multi-unit commercial building.

5. Projects subject to major design review by any other provision of the Land Use Code. (Ord. 1172 § 2, 2018; Ord. 987 § 2 (Exh. A § 1), 2002; Ord. 950 § 2 (Exh. A §§ 2605, 2620, 2625), 1998.)

20.28.110 Application requirements

Application for any permit shall be made by the property owner or authorized agent, to the planning and building director on forms prescribed for this purpose, accompanied by the required deposit. The application shall provide any other information, plans and maps prescribed by the planning and building director as may be necessary for adequate review of the application. (Ord. 1172 § 2, 2018; Ord. 950 § 2 (Exh. A § 2610), 1998.)

20.28.115 Expert advice or assistance

The City may obtain the advice of persons trained in the fields of architecture, landscape architecture, and urban planning to aid in its decision. The City Council may appoint to the planning commission one or more persons trained in one or more of these fields as regular or ex-officio members thereof, provided that the private practice or business of such member does not create an incompatibility between the private practice or business and the rendition of objective advice to the commission. (Ord. 950 § 2 (Exh. A § 2615), 1998.)

20.28.120 Public notice

Notice of public hearings shall be given as specified in HMC 20.28.080. (Ord. 950 § 2 (Exh. A §§ 2620, 2625), 1998.)

20.28.125 Required findings

In approving or conditionally approving an application for design review, the following findings shall be made by the planning and building director or the planning commission, as appropriate:

A. The proposed development or use is consistent with all applicable policies and requirements of the General Plan and Land Use Code.

B. The proposed design of the development or use, and all appurtenant structures, is consistent with the policies set forth in the Citywide Design Guidelines, as may be amended from time to time.

C. The proposed development or use is consistent with the purposes of the zoning district in which it is located.

D. The proposed development or use is consistent with all other conditions imposed by the planning commission or City Council with respect to any matter related to the purpose of design review.

E. For proposed developments or uses in the Central Healdsburg Avenue Plan area, the design of the development or use, and all appurtenant structures, is consistent with the policies set forth in Chapter IV, “Building Design Framework,” of the Central Healdsburg Avenue Plan dated November 2013 and adopted by the Healdsburg City Council on January 21, 2014, as may be amended from time to time.

F. For proposed developments or uses in the North Entry Area Plan Overlay, the design of the development or use, and all appurtenant structures, is consistent with the goals, policies, objectives and design guidelines set forth in the North Entry Area Plan, as adopted by the Healdsburg City Council on May 20, 2019, as may be amended from time to time.

In the case of denial, the ground for denial shall be stated in writing. (Ord. 1190 § 12, 2019; Ord. 1172 § 2, 2018; Ord. 1138 § 3, 2014; Ord. 950 § 2 (Exh. A § 2630), 1998.)

20.28.130 Effective date and term of approval

The following shall govern the date and term of design review approval:

A. Within five days following the date of a planning commission decision on a major design review permit application, the secretary shall transmit to the City Council written notice of the decision. Approval of a major design review permit application shall become effective 10 days following the date on which the design review permit was granted by the planning commission or on the day following the next meeting of the Council, whichever is later, unless the decision has been appealed to the Council.

B. Approval of a minor design review application becomes effective 10 days from the date of action by the planning and building director, unless the decision has been appealed to the planning commission.

C. Design review approval is granted for 24 months. If within 24 months after the effective date, a building permit has not been issued for the design review project or, where a building permit is not required, construction of the improvement(s) has not commenced, the approval will automatically expire.

D. A maximum of one 12-month extension may be granted by the planning and building department director. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the design review approval shall lapse as of the expiration date.

In order to grant an extension, it must be found by the acting authority that there has been no change of circumstances that could prevent any of the required findings of approval to be made.

E. The term of design review approval may be made to be concurrent with the term of an associated tentative subdivision map, conditional use permit or variance at the discretion of the planning commission. (Ord. 1231 § 6, 2023; Ord. 1132 § 1, 2014; Ord. 1051 § 1, 2006; Ord. 950 § 2 (Exh. A § 2635), 1998.)

20.28.135 Appeals

Appeals of a planning and building director or planning commission decision on a design review application shall be handled as specified in HMC 20.28.085. (Ord. 950 § 2 (Exh. A §§ 2620, 2625), 1998.)

20.28.140 Financial security for conditions of approval

An applicant for a design review project may be allowed to submit a bond, letter of credit, or other form of financial guarantee in order to ensure that required conditions of approval would be fulfilled prior to issuance of a certificate of occupancy or issuance of other final City approvals. Such bonding or other guarantee shall be approved by the planning and building director for required on-site improvements and the public works director for required off-site improvements with respect to the amount of bonding and the specific bonding or other instrument of guarantee. (Ord. 950 § 2 (Exh. A § 2640), 1998.)

Article V Conditional Use Permits

20.28.145 Purpose and authorization

A. In order to give the zoning district use regulations of this title the flexibility necessary to achieve the objectives of the land use code, in certain districts conditional uses are allowed, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the Land Use Code and with respect to their effects on surrounding properties. In order to achieve these purposes, the zoning administrator and the planning commission are empowered to grant and to deny applications for use permits for such conditional uses in such districts as are prescribed in the district regulations and to impose reasonable conditions upon the granting of use permits, subject to the right of appeal to the City Council or to review by the Council.

B. A conditional use permit may not include or allow for variances to the regulations prescribed by this title for fences, walls, hedges, screening, landscaping; site area, width, frontage, depth and coverage; front, rear and side yards; basic floor area, usable open space, height of structures, distances between structures; signs; and off-street parking and loading facilities, for which variance procedures exist as prescribed in Article VI of this chapter.

C. A “master” conditional use permit may be used to provide for comprehensive review of conceptual development plans which include a mix of conditional and permitted uses. As established in HMC 20.12.225, a master conditional use permit is required in the North Entry Area Plan Overlay and shall be subject to the procedures and requirements of this chapter as well as HMC 20.12.230 and 20.12.235. Applications for approval of a master conditional use permit shall be made pursuant to a form to be prescribed by the planning and building department and shall be processed in accordance with the procedures for a major conditional use permit as set forth in Chapter 20.28 HMC, Article III, General Administrative Procedures. (Ord. 1190 § 13, 2019; Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1012 § 2 (Exh. A §§ 1, 3, 4), 2004; Ord. 950 § 2 (Exh. A § 2700), 1998.)

20.28.150 Review authority

A. The following conditionally permitted uses are subject to review and action by the zoning administrator:

1. A fence, wall or hedge exceeding the height restriction within any required yard.

2. Height exception for chimneys, cupolas, flagpoles, etc.

3. Beer and wine sales at existing gas stations.

4. Change of occupancy of an existing building within a commercial or industrial zoning district to a conditional use when the conditional use will not alter the existing structure or increase parking demand beyond what is already provided on the site.

B. The planning commission shall review and act upon all conditionally permitted uses that are not subject to zoning administrator review. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1104 § 2 (Exh. A § 15), 2010; Ord. 1018 § 2 (Exh. A § 2701(b)(5)), 2004; Ord. 1012 § 2 (Exh. A § 2), 2004; Ord. 950 § 2 (Exh. A § 2720), 1998.)

20.28.155 Application and fee

A. Application for a conditional use permit may be made to the planning and building department on a form prescribed by the department and shall be accompanied by applicable fees as required by resolution of the City Council and all information and materials required by the department, including the following:

1. Information that is relevant to the findings required to grant a conditional use permit pursuant to HMC 20.28.165.

2. A complete written description of the proposed use of the property or structures, such as nature of the proposed conditional use, expected days and hours of operations, and expected number of employees and patrons or visitors.

3. The following plans or drawings:

a. An accurate scale drawing of the site depicting appropriate information, such as existing and proposed locations of streets, property lines, surrounding land uses, trees, structures, driveways, pedestrian walks, off-street parking and loading facilities, and landscaped areas.

b. Floor plans, drawn to scale, of buildings and structures to be included as part of the proposed conditional use permit, including any alterations to existing structures.

c. Architectural elevations of any new construction proposed as part of the conditional use permit application.

B. Additional information may be requested by the planning and building department in order to completely evaluate the proposed conditional use.

C. The planning and building director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the commission to determine whether the proposed use will comply with each of the applicable provisions of this title. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2705), 1998.)

20.28.160 Hearing and action

A. A public hearing shall be held on a conditional use permit application by the planning commission or zoning administrator, as appropriate.

B. Following a public hearing, the planning commission or zoning administrator, as appropriate, may grant an application for a conditional use permit as the conditional use permit was applied for or in modified form, or the application may be denied.

C. A conditional use permit may be granted subject to such conditions as the commission or administrator may prescribe as necessary to make the findings required in HMC 20.28.165. Conditions may include but shall not be limited to special yards, open spaces and buffers, fences and walls, installation and maintenance of landscaping, street dedications and improvements, regulations on the points of vehicular access, on-site traffic circulation, regulation of signs, hours of operations, methods of operation, control of nuisances, maintenance of buildings and grounds, prescriptions of development schedules, and periodic review by the commission or administrator. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A §§ 2710, 2715, 2720), 1998.)

20.28.165 Findings

A. The zoning administrator and planning commission, as appropriate, shall make the following findings before granting a conditional use permit:

1. The proposed location and operation of the conditional use is in accord with the Healdsburg general plan and any applicable planned development, specific or area plan.

2. The proposed location and operation of the conditional use is consistent with the applicable development standards of this Land Use Code.

3. The proposed location of the conditional use and the conditions under which it would be operated and maintained will not be detrimental to public health and safety or materially injurious to uses, properties or improvements in the vicinity.

B. In addition to the findings required by subsection (A) of this section, findings shall be made by the planning commission prior to granting a conditional use permit for any of the uses specified below:

1. Residential Visitor Lodging Operations. The findings required by HMC 20.20.060(C) shall also be made for conditional use permit applications for residential visitor lodging operations.

2. Adult Businesses. The proposed adult business complies with all locational, development and performance standards contained in HMC 20.20.085.

3. Workforce Housing and Single Room Occupancy Buildings in the Industrial District.

a. The construction of proposed housing unit(s) will provide workforce housing for the owners and/or employees of the industrial use(s) proposed for the site.

b. The design of the proposed housing unit(s) will be compatible with both on-site and adjacent or surrounding industrial uses, in terms of noise, light and glare impacts.

c. Adequate water, sewer and drainage facilities exist to serve both proposed industrial and residential uses. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1018 § 2 (Exh. A § 2730(d)), 2004; Ord. 1012 § 2 (Exh. A § 6), 2004; Ord. 950 § 2 (Exh. A §§ 2725, 2730), 1998.)

20.28.170 Bonding for conditions of approval

An applicant for a conditional use permit may be allowed to submit a bond, letter of credit, or other forms of financial guarantees in order to ensure that required conditions of approval would be fulfilled prior to issuance of a certificate of occupancy or issuance of other final city approvals. Such bonding shall be approved by the planning and building director for required on-site improvements and the public works director for required off-site improvements with respect to the amount of the bond and the specific bonding or instrument of guarantee. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2735), 1998.)

20.28.175 Effective date of conditional use permit

Within five days following the date of a decision of the planning commission on a conditional use permit application, the secretary shall transmit to the City Council written notice of the decision. A conditional use permit shall become effective 10 days following the date on which the use permit was granted or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1012 § 2 (Exh. A § 7), 2004; Ord. 950 § 2 (Exh. A § 2740), 1998.)

20.28.180 Appeals

Appeals of a planning commission or zoning administrator action on a conditional use permit application, revocation or modification shall be handled as specified in HMC 20.28.085. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2745), 1998.)

20.28.185 Lapse of conditional use permit

The following regulations govern the lapse of a conditional use permit:

A. A conditional use permit shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year:

1. A building permit is issued and the applicant, in good faith, has diligently commenced construction and performed substantial work and incurred substantial liabilities in reliance thereon; or

2. A certificate of occupancy is issued for the structure which was the subject of the use permit application; or

3. The site is occupied and the activity has commenced, if no building permit or certificate of occupancy is required.

B. A maximum of two 12-month extensions of time may be granted by either the planning and building department director or the planning commission, whichever served as the acting authority on the initial conditional use permit application, upon the written request of a responsible party prior to the expiration of the initial term of the approval or the previous extension. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the conditional use permit shall lapse as of the expiration date.

In order to grant an extension, it must be found by the acting authority that there has been no change of circumstances that could prevent any of the required findings of approval to be made.

C. The zoning administrator or planning commission may grant or deny an application for renewal of a conditional use permit based on the standards and procedures set forth in this article. (Ord. 1132 § 1, 2014; Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 1012 § 2 (Exh. A § 8), 2004; Ord. 950 § 2 (Exh. A § 2750), 1998.)

20.28.190 Existing conditional uses

The following regulations shall apply to existing conditional uses:

A. A conditional use established prior to the enactment of this title shall be permitted to continue; provided, that it is operated and maintained in accord with the conditions prescribed in the conditional use permit, if any.

B. Alteration or expansion of a conditional use established prior to enactment of this title shall be permitted only upon the granting of a new or amended conditional use permit as prescribed in this title; provided, that a use permit shall not be required for accessory structures and incidental uses located on the same site as the existing conditional use.

C. A conditional use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of this title if the structure is destroyed by fire or other calamity, by act of God, or the public enemy to a greater extent than 50 percent.

D. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made and shall be reviewed and approved by the planning and building director. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2755), 1998.)

20.28.195 Review for compliance and revocation

A. The city may conduct an investigation to ensure that the conditionally permitted use is being maintained and operated as applied for in compliance with all conditions.

B. Failure to operate in accordance with the conditions of the conditional use permit shall be the subject of an enforcement action and administrative civil penalties as provided for by HMC 20.04.070 and/or grounds for setting the matter for a public hearing to consider revocation or modification of the permit. The election of administrative civil penalties shall in no way act as a waiver of the revocation of the permit. The city may also pursue any other option permitted by law to require compliance with the conditions of the permit.

C. A conditional use permit may be revoked or modified by the review authority that originally approved the permit (e.g., planning and building director, planning commission or City Council).

D. If as the result of an investigation it is determined that one or more of the circumstances contained in subsection (E) of this section applies to a conditional use permit granted in accordance with the provisions of this article, the review authority shall hold a public hearing to consider its revocation or modification. Written notice of the date, time, place and purpose of such public hearing shall be served to the following parties, as applicable:

1. The owner of the property for which the permit was granted;

2. The operator of the conditionally permitted use if the use is active; and

3. The party or parties who hold an active business license for the conditionally permitted use.

Such notice shall be provided by registered mail, postage prepaid, return receipt requested, not less than 10 days prior to the date of such hearing. Notice to the owner of the property shall be given at the address as shown on the latest equalized tax assessment roll. Notice to an operator of the conditionally permitted use may be given at the property address of the use. Additional notice shall be given in the manner prescribed in HMC 20.28.080.

E. Following a public hearing, the review authority may revoke or modify the conditional use permit after making one or more of the following findings:

1. The permit was approved on the basis of erroneous or misleading information, misrepresentation or fraud.

2. One or more conditions of approval have not been completed or have been violated.

3. The use approved by the conditional use has been abandoned. For purposes of this section, “abandonment” means:

a. Cessation of the use permitted by the permit for a period of six months or more; or

b. Institution of a different use that entirely replaces the use that is the subject of the permit.

4. The use authorized by the permit is conducted or maintained in a manner that is detrimental to the public health or safety, or constitutes a public nuisance.

5. If a business license is required for the conditionally permitted use, an active and current business license has not been issued for the use authorized by the permit.

F. The revocation of a conditional use permit shall have the effect of terminating the permit and denying the privileges granted by its approval. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2760), 1998.)

20.28.200 New application

Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for the same or substantially the same conditional use shall be filed on the same or substantially the same site within one year from the date of denial or revocation of the permit. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2765), 1998.)

20.28.205 Conditional use permit to run with land

A conditional use permit granted pursuant to the provisions of this article shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. (Ord. 1116 § 1 (Exh. A § 1), 2012; Ord. 950 § 2 (Exh. A § 2770), 1998.)

Article VI Variances

20.28.210 Purposes and applicability

A. Variances are permitted to prevent or lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the land use code as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimension of a site; from geographic, topographic, or other physical conditions on the site in the immediate vicinity; or from population densities, street locations, or traffic conditions in the immediate vicinity.

B. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variance.

C. The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the land use code is provided by the conditional use provisions of this title. (Ord. 950 § 2 (Exh. A § 2800), 1998.)

20.28.215 Review authority

A. The zoning administrator may approve or conditionally approve minor variances to vary by a maximum of 50 percent from any dimensional standard established in this title.

B. The planning commission may approve or conditionally approve major variances to the following regulations prescribed in this Title: lot width, frontage, depth and coverage; front, rear and side yards; floor area coverage; minimum site area per dwelling unit (so long as General Plan densities are met); usable open space; height of structures; distances between structures; signs; and off-street parking and loading facilities. (Ord. 1012 § 2 (Exh. A § 9), 2004; Ord. 950 § 2 (Exh. A §§ 2805, 2815), 1998.)

20.28.220 Application and fee

Applications for variances shall be made to the planning and building department on a form prescribed by the department, and shall include the following:

A. Name, address, phone and fax number of the applicant.

B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested.

C. Address or description of the property.

D. Statement of the precise nature of the variance requested and the practical difficulty or unnecessary hardship inconsistent with the objectives of the Land Use Code that would result from a strict or literal interpretation and enforcement of a specified regulation of this Title, together with any other data pertinent to the findings prerequisite to the granting of a variance.

E. The plans and drawings listed below. The planning and building director may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the Commission to determine whether the circumstances required for the granting of the variance exist:

1. An accurate scale drawing of the site and any adjacent property affected by the request, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, land uses, structures, driveways, off-street parking and loading facilities, and landscaped areas.

2. If required, the application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

3. Floor plans, drawn to scale, of buildings and structures to be included as part of the proposed variance, including any alterations to existing structures.

4. Architectural elevations of any new construction proposed as part of the application.

F. Applicable fees as required by resolution of the City Council. (Ord. 950 § 2 (Exh. A § 2810), 1998.)

20.28.225 Hearing and action

Following a public hearing, the planning commission or zoning administrator, as appropriate, may approve a variance application as it was applied for, with conditions or in modified form, or the application may be denied. (Ord. 950 § 2 (Exh. A § 2 (§§ 2505(c), 2815, 2825), 1998.)

20.28.230 Required findings

A. Variances may be granted as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the planning commission or zoning administrator, as appropriate, makes findings of fact that establish that the circumstances prescribed below apply:

1. Special circumstances exist with respect to the property in question, including, but not limited to size, shape, topography or surroundings.

2. Strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Land Use Code.

3. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations of other properties classified in the same zoning district.

B. The following additional findings shall be made for applications for the following types of variances:

1. Signs.

a. The granting of the variance will not detract from the attractiveness or orderliness of the city’s appearance.

b. The granting of the variance will not introduce an inharmonious visual element into the district in which the sign would be located.

c. The granting of the variance will not create a hazard to public safety.

2. Parking and Loading.

a. Neither present or anticipated future traffic volumes generated by the use of the site or uses in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

b. The granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

c. The granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of the Land Use Code. (Ord. 950 § 2 (Exh. A §§ 2830, 2835), 1998.)

20.28.232 Bonding for conditions of approval

An applicant for a variance may be allowed to submit a bond, letter of credit, or other forms of financial guarantees in order to ensure that required conditions of approval will be fulfilled prior to issuance of certificate of occupancy or issuance of other final City approvals. Such bonding shall be approved by the planning director with respect to the amount of the bond and the specific bonding or instrument of guarantee. (Ord. 950 § 2 (Exh. A § 2855), 1998.)

20.28.235 Effective date of variance

Approval of a variance shall become effective 10 days following the date on which the variance was granted unless an appeal has been filed with the City Clerk. (Ord. 950 § 2 (Exh. A § 2840), 1998.)

20.28.240 Appeals

Appeals of a planning commission or zoning administrator action on a variance application shall be as prescribed in HMC 20.28.085. (Ord. 950 § 2 (Exh. A § 2845), 1998.)

20.28.245 Lapse of variance

A. A variance shall lapse and shall become null and void when the building permit or permit issued authorizing occupancy of the site or structure which was the subject of the variance application lapses or expires.

B. A maximum of two 12-month extensions of time may be granted by either the planning and building department director or the planning commission, whichever served as the acting authority on the initial variance application, upon the written request of a responsible party prior to the expiration of the initial term of the approval or the previous extension. If no application for an extension of time is filed prior to the expiration date of the initial term of the approval or the previous extension, the variance approval shall lapse as of the expiration date.

In order to grant an extension, it must be found by the acting authority that there has been no change of circumstances that could prevent any of the required findings of approval to be made. (Ord. 1132 § 1, 2014; Ord. 950 § 2 (Exh. A § 2850), 1998.)

20.28.250 Revocation

A variance may be revoked by the planning commission if any conditions of approval are not met, and pursuant to notice procedures in HMC 20.28.080. Within five days following the date of a decision of the commission revoking a variance, the secretary shall transmit to the City Council written notice of the decision. The decision shall become final 10 days following the date on which the variance was revoked or on the day following the next meeting of the City Council, whichever is later, unless an appeal has been taken to the Council. (Ord. 950 § 2 (Exh. A § 2860), 1998.)

20.28.255 New application

Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance. (Ord. 950 § 2 (Exh. A § 2865), 1998.)

Article VII Zoning Map and Land Use Code Text Amendments

20.28.260 Purpose

The Zoning Map and Land Use Code may be amended by changing the boundaries of any district, by applying an overlay district or by changing any district regulation, general provision, exception or other provision, in accord with the procedures prescribed in this article. (Ord. 950 § 2 (Exh. A § 2900), 1998.)

20.28.265 Initiation

A. Zoning Map changes may be initiated by a property owner or the authorized agent of the property owner filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application.

B. Zoning Map changes may be initiated by resolution of the planning commission or by action of the City Council in the form of a request to the commission that it consider a proposed change.

C. A proposal for a change in district boundaries initiated by the planning commission and one initiated by a property owner for all or part of the same area may be considered simultaneously.

D. Changes to the text of the Land Use Code may be initiated by the City or may be requested by any member of the public. (Ord. 950 § 2 (Exh. A § 2905), 1998.)

20.28.270 Application and fee

A. A property owner desiring to propose a change in the boundaries of the district in which his or her property is located or an authorized agent may file with the planning commission an application for a change in district boundaries on a form prescribed by the commission which shall include the data listed below.

1. Name, address and telephone number of the property owner and applicant, if the applicant is not the owner.

2. Statement that the applicant is the owner or the authorized agent for the owner of the property for which the change in district boundaries is proposed.

3. Address and description of the property proposed for change.

4. An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from the exterior boundary of the site and showing the location of streets and adjacent property lines.

5. Applicable fees as required by resolution of the City Council.

B. A property owner or member of the public desiring to propose an amendment to the text of the Land Use Code may file with the planning commission an application for a change in Land Use Code text on a form prescribed by the commission which shall include the data listed below.

1. Name, address and telephone number of the property owner and applicant, if the applicant is not the owner.

2. Description of the proposed change in wording.

3. Supporting information showing how the proposed amendment is consistent with applicable provisions of the General Plan and why the proposed text change should be incorporated into the Land Use Code.

4. Applicable fees as required by resolution of the City Council. (Ord. 950 § 2 (Exh. A §§ 2910, 2915), 1998.)

20.28.275 Additional filing requirements

In addition to the above requirements, applications shall be accompanied by any additional material required by the planning and building director to show site information, architecture and landscaping. (Ord. 950 § 2 (Exh. A § 2920), 1998.)

20.28.280 Action of planning commission

A. The planning commission shall hold at least one public hearing on a proposed Zoning Map or Land Use Code amendment, with hearing notices given as prescribed in HMC 20.28.080.

B. Within 45 days following the public hearing, the planning commission shall make a specific finding as to whether the amendment is consistent with objectives of the Land Use Code.

C. The commission shall transmit a report to the City Council recommending that the application be granted, granted in modified form, or denied or that the amendment be adopted, adopted in modified form, or rejected, together with a copy of the application, resolution of the commission, or request of the City Council; the scale drawing of the site and the surrounding area and all other data filed therewith; the minutes of the public hearing; and the findings of the commission. (Ord. 950 § 2 (Exh. A §§ 2925, 2930), 1998.)

20.28.282 Required findings for special applications

The following procedures are required for the special applications noted below.

A. Applications and Proposals for C Commercial Zoning. In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C commercial, the planning commission may recommend the granting of the application as applied or in modified form or may propose the change in district boundaries only if, on the basis of the application and the evidence submitted, the commission makes findings of fact that establish that all of the following circumstances apply:

1. The development will be consistent with the General Plan.

2. The development as proposed in the plans and drawings accompanying the application or proposal will be consistent with the objectives of this title.

3. The development will be of sustained desirability and stability.

4. The development will be harmonious with the character of the surrounding area.

5. The development will not result in undue traffic congestion or traffic hazards, as defined by the circulation element of the General Plan.

This section shall not apply to annexed territory which was zoned C commercial immediately prior to annexation. (Ord. 950 § 2 (Exh. A § 2935), 1998.)

20.28.285 Action of City Council

A. The City Council shall hold a public hearing on the application or proposal within 45 days after receipt of the resolution or report of the planning commission. At the public hearing, the Council shall review the application or the proposal and the resolution or report of the commission, and may receive additional evidence.

B. The Council shall make a specific finding as to whether the amendment is consistent with the General Plan and with the objectives of the Land Use Code. If the Council finds that the amendment is consistent, it shall enact an ordinance amending the Zoning Map or an ordinance amending the regulations of this Title, whichever is appropriate. If the Council finds that the change is not consistent, it shall deny the application.

C. The Council shall not modify a decision of the commission until it has required and considered a report of the Commission on the modification. Failure of the commission to report within 30 days after receipt of the Council request shall be deemed concurrence with the modification. (Ord. 950 § 2 (Exh. A § 2940), 1998.)

20.28.286 Additional requirements

Applications and Proposals for C Commercial Zoning. In the case of an application or proposal for a change in district boundaries to increase the amount of land zoned C commercial, the City Council may affirm, reverse or modify a decision of the commission recommending the granting or denial of the change upon making the findings as prescribed in HMC 20.28.282. (Ord. 950 § 2 (Exh. A § 2945), 1998.)

20.28.287 School mitigation program

Dwelling units constructed as a result of a zone change shall mitigate school impacts created by residential development to the extent legally permissible. This shall include mitigation of school impacts by participation in a school mitigation program acceptable to the City of Healdsburg. (Ord. 950 § 2 (Exh. A § 2950), 1998.)

20.28.288 Reclassification of C district to former zoning district

In order that opportunity for commercial development in conformity with the General Plan may be permitted on an alternate site if development does not proceed on a rezoned site, the planning commission shall initiate action, hold hearings and transmit a recommendation to the City Council on reclassification of the undeveloped portion of the site previously rezoned to a C commercial district, in accord with HMC 20.28.280 through HMC 20.28.286, unless the following actions are completed within the prescribed time periods dating from the enactment of the ordinance changing the district boundaries:

A. Within one year, approval as required by Article IV, Design and Architectural Review.

B. Within two years, completion of construction and installation of at least one half of the building floor space and improvements shown on the approved plans and drawings.

C. Within five years, completion of construction and installation of all of the buildings and improvements shown on the approved plans and drawings.

This section shall not apply to annexed territory which was zoned C commercial immediately prior to annexation. (Ord. 950 § 2 (Exh. A § 2955), 1998.)

20.28.289 Modifications of submitted plans for C commercial district development

Modifications may be made to the submitted plans prescribed in Article IV, Design and Architectural Design Review; provided, that if uses are changed or the amount of area devoted to each use is changed, the modifications shall be reviewed by the planning commission and City Council. If the commission and City Council make the findings prescribed in HMC 20.28.125, such changes may be approved. (Ord. 950 § 2 (Exh. A § 2960), 1998.)

20.28.290 Change of zone map

A change in district boundaries or the combining of a district within a P-D or an H district shall be indicated on the zoning map with a notation of the date and number of the ordinance on the map. (Ord. 950 § 2 (Exh. A § 2965), 1998.)

20.28.292 New application

Following the denial of an application for a change in district boundaries or the combining of a district with a P-D district, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application. (Ord. 950 § 2 (Exh. A § 2970), 1998.)

20.28.295 Annexed and unzoned territory

All territory which is annexed to the City or which is unzoned through abandonment of a public street or railroad right-of-way shall be classified in the Open Space District unless such territory has been otherwise pre-zoned. Within 60 days of annexation or abandonment, the planning commission shall make a study of the territory to determine in which zoning district it should be classified in order to carry out the objectives of the General Plan and zoning ordinance prescribed in HMC 20.04.010. If the commission finds that a change of district is required, it shall initiate the change as prescribed in HMC 20.28.265(B). The owner of annexed property or the authorized agent of the owner may file an application for a change in district boundaries as set forth in this article. (Ord. 1090 § 4 (Exh. B § 2975), 2009; Ord. 950 § 2 (Exh. A § 2975), 1998.)

Article VIII Occupancy Permits

20.28.300 Purpose and requirements

To ensure that each new or expanded use of a structure or site and each new structure or alteration of an existing structure complies with all applicable provisions of this Title as well as to ensure that any conditions which may have been placed on a particular use or structure by the planning commission or City Council have been fulfilled prior to occupancy of that use or structure, the planning and building director shall advise the building official prior to issuance of an occupancy permit under the Uniform Building Code and its enabling ordinance. (Ord. 950 § 2 (Exh. A § 3000), 1998.)

20.28.305 Issuance of certificate of occupancy

The building official shall not issue a certificate of occupancy for a structure until all provisions of this Land Use Code and any applicable conditions of approval have been fulfilled. (Ord. 950 § 2 (Exh. A § 3005), 1998.)

Article IX Definitions

20.28.310 Definitions

For purposes of this Title, certain words and terms used herein are defined in the following manner.

Above-moderate housing. Housing units affordable to households and individuals with incomes above 120 percent of the median household income for Sonoma County as determined by the U.S. Department of Housing and Urban Development.

Accessory dwelling unit. See Dwelling unit, accessory.

Accessory dwelling unit, junior. A dwelling unit that is no more than 500 square feet in size and contained entirely within a proposed or legally permitted existing single-family dwelling, with a separate entrance from the proposed or existing single-family dwelling, and containing an efficiency kitchen. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. To the extent Government Code Section 65852.22 imposes different standards for a junior accessory dwelling unit, those standards will apply.

Accessory uses and structures. Uses and structures that are incidental and subordinate to the principally permitted or conditionally permitted use on a site and are customarily found on the same site. See also Structure, accessory and Use, accessory.

Adult entertainment establishments. Establishments based substantially or primarily on materials or performances that depict, describe, or relate to “specified sexual activities” or “specified anatomical areas” as defined elsewhere in this section. These include:

Adult bookstores. An establishment which has as a substantial portion of its stock in trade and offers for sale for any form of consideration, any one or more of the following:

• Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”

• Instruments, devices or paraphernalia that are designed for use in connection with “specified sexual activities.” This definition does not include such items customarily sold by a bona fide pharmacy.

Adult motion picture theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown to an audience, and, in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas.”

Adult theater. A theater, concert hall, auditorium or other similar establishment, which, for any form of consideration, regularly features live performances which are characterized by the exposure of “specified anatomical areas” or by an emphasis upon the depiction of “specified sexual activities.”

Other adult entertainment establishments. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matters depicting, displaying, describing or relating to “specified sexual activities” or “specified anatomical areas.”

Affordable housing. Housing affordable to very low, low and/or moderate income households, based upon the median incomes for Sonoma County as established annually by the U. S. Department of Housing and Urban Development.

Agency. The Redevelopment Agency (RDA) of the City of Healdsburg.

Alcoholic beverage. Any beverage, including beer, wine and spirits, which is fit for consumption and which contains one-half of one percent or more of alcohol by volume.

Alcoholic beverage establishment. Any establishment where alcoholic beverages are sold or served for consumption on the premises, or off of the premises, pursuant to a valid State Alcoholic Beverage Control (ABC) license.

Alcoholic beverage manufacturing facility. A facility used for the production and distribution of alcoholic beverages including wine, cider, beer or distilled spirits. This use category includes the following related on-site uses:

Processing of raw products outside or within a structure;

Aging, processing and storage of products in bulk;

Bottling and storage of bottled products;

Shipping and receiving of bulk and bottled products;

Retail sale of products and items related to the alcoholic beverage manufacturing use;

Incidental public tours of the premises;

Laboratories, associated with the sampling and testing of the product;

Administrative and marketing offices;

Above-ground storage and processing of wastewater.

Alley. A public way permanently reserved for vehicular service or pedestrian access to abutting properties.

Alter. To make a change in the supporting members of a structure, such as bearing walls, columns, beams, or girders, which will prolong the life of said structure. This shall also include exterior changes to existing structures to enlarge the floor area or volume or to change roofline(s) of said structure. This shall also include any change, addition or modification in the construction or occupancy of a building or structure.

Amplified sound. Any sound that is made louder through a human-made device (i.e., sound systems, speakers, drums, bullhorns).

Antique. A decorative or household object that is valued because of its age. Does not include items included under “Retail, secondhand goods” or items accepted as security for the payment of a loan.

Antique stores. Retail establishments selling generally articles of a general quality and age that would be of interest to collectors or restorers, such as articles displayed in a fashion similar to a gallery or furniture store. Antique stores shall not engage in accepting items used for securities or deposits for the payment of loans or debts.

Apartments. A structure containing more than one dwelling unit for rental purposes.

Arcade. A covered walk, predominantly open on one or more sides, on the ground floor of a building, and adjacent to the street or front yard.

Arcade, video. An establishment that contains four or more video arcade games.

Arcade games. Any machine or device which may be operated for use as a game, contest, or amusement upon the insertion of a bill, coin, slug or token in any slot or receptacle attached to such machine or connected therewith, which does not contain a payoff service for the return of money, coins, slugs, tokens or merchandise.

Artisan shop. Sale of handcrafted items, such as art glass, ceramics or jewelry. An area for the crafting of the items being sold on the premises may be included with this use.

Automotive service station. A retail place of business engaged primarily in the sale of motor fuels but also supplying goods and services generally required in the operation and maintenance of automotive vehicles and fulfilling motorist needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; lubrication services; washing of automobiles as an incidental part of the business; performance of minor automotive repair, including engine tune-ups; tire, battery and brake replacement; and the supplying of other such incidental customer services, including limited food items and sundries as are allowed by this title or by other policies, regulations or laws of the City of Healdsburg.

Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail balustrade or parapet.

Bar. A business where alcoholic beverages are sold for on-site consumption and that is not part of a restaurant, hotel or motel. Includes pubs, wine bars, tap rooms, cocktail lounges and similar establishments where any food service is subordinate to the sale of alcoholic beverages.

Block. The properties abutting on one side of a street and lying between the nearest two intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse or City boundary.

Block-face. The properties abutting each individual street on a block.

Boarding house. A dwelling where lodging and meals, but no other supportive services, are provided to paying guests who reside at the dwelling for 30 or more consecutive days. The owner or a manager must reside within or on the same property as the boarding house.

Breezeway. A structure no more than six feet in length, not exceeding 14 feet in height and having more than 50 percent of the sides of the structure enclosed with material other than necessary for roof supports, for the principal purpose of connecting the main structure on a site with another main structure or an accessory structure on the same site.

Building. Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, chattels or property of any kind.

Building coverage. See Site coverage.

Building lot. See Lot.

Business support service. An establishment that provides one or more services to other businesses, which may also be utilized by the general public. Examples of these services include:

Copying, quick printing, blueprinting;

Computer rental, repair;

Film processing and photofinishing (retail);

Mailing and mailbox services.

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means marijuana as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26000(f), as both may be amended from time to time. Any reference to “cannabis” or “cannabis products” shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. “Cannabis” or “cannabis product” does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

Cannabis accessories. Has the same meaning as in Health and Safety Code Section 11018.2.

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

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

Cannabis cultivation – indoor. The cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting.

Cannabis cultivation – mixed-light. The cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.

Cannabis cultivation – outdoor. The cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.

Cannabis cultivation site. The location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities is currently occurring or proposed to occur in the future.

Cannabis distribution facility. Location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) or a state cannabis license type subsequently established.

Cannabis distributor. A commercial cannabis operation that distributes cannabis or cannabis products between licensees, under a valid state license Type 11, or a state cannabis license type subsequently established.

Cannabis license. A state license issued pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”).

Cannabis licensee. A person issued a state license under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) to engage in commercial cannabis uses or activity.

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

Cannabis manufacturer. A person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.

Cannabis manufacturing facility (nonvolatile/no solvents). A facility that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is operated by a Type 6 license for these activities. Nonvolatile solvents are chemicals that do not produce a flammable gas or vapor. Examples of nonvolatile solvents include ethanol, carbon dioxide, cooking oils, and butter.

Cannabis manufacturing facility (volatile solvents). A facility that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is operated by a Type 7 license for these activities. Volatile solvents are chemicals that produce a flammable gas or vapor. Examples of volatile solvents include butane, heptane, hexane, and propane.

Cannabis medical, medical cannabis, or medicinal cannabis. Cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act (“CUA,” Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Program Act (“MMPA,” Health and Safety Code Section 11362.7 et seq.), the Medical Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code Section 19300 et seq.) and the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”).

Cannabis microbusiness (without cultivation). A commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness found in Business and Professions Code Section 26070(a)(3)(A), as may be amended from time to time, without cultivation of cannabis, and acts as a licensed distributor, Level 1 manufacturer, and retailer.

Cannabis nonstorefront retailer. A commercial cannabis facility where cannabis and/or cannabis products are offered for retail sale exclusively by delivery, where there is no storefront open to the public, operating under a state license Type 9 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.

Cannabis permit or commercial cannabis permit. A permit issued by the City pursuant to HMC 20.20.095 for the operation of a commercial cannabis business within the City.

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

Cannabis storefront retailer (dispensary). A facility operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale, under a state license Type 10 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.

Cannabis testing laboratory. A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, which is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity and is licensed by the state.

Cannabis use or commercial cannabis use. Any commercial cannabis activity as defined in California Business and Professions Code Section 26001(j), and as may be subsequently amended, which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA,” California Business and Professions Code Section 26000 et seq.) and applicable state cannabis laws and for which a state license or nonprofit license is required.

Catering. A business that prepares food for consumption on the premises of a client.

Clubs and lodges. Meeting, recreational, or social facilities of a private or non-profit organization primarily for use by members or guests. This definition includes union halls, social clubs, fraternal organizations and youth centers.

Collectible. An object of a type that is valued or sought after by collectors.

Commercial recreation. An establishment providing amusement or entertainment services for a fee or admission charge, including customarily associated facilities such as restaurants and video game arcades. Examples of this use include the following:

Bowling alleys;

Indoor climbing walls;

Miniature golf courses;

Skating rinks.

Commercial use. 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.

Community benefit group. An organization whose primary purpose is to provide civic, cultural, recreational, educational, religious or social services to the community of Healdsburg.

Conditional use. A land use or activity permitted subject to the issuance of a use permit as set forth in this Title.

Condominium. An estate in real property consisting of an individual interest in common with other purchasers in a parcel of real property, together with a separate interest in space in a residential building.

Consignment goods. Articles that are offered for sale that have been left with the retailer on the understanding that payment will be made only when the goods have been sold and that any remaining unsold articles can be returned. Does not include pawned articles.

Convenience store. A retail store of 2,500 square feet or less in gross floor area that carries a limited range of merchandise oriented to daily needs and that may include the sale of pre-packaged food for off-site consumption.

Court. An unoccupied open space on the same site with a building that is bounded on two or more sides by exterior building walls.

Creek. A body of water that flows at least periodically through a bed or channel having banks that support fish or other aquatic life. This includes watercourses having a surface or subsurface flow that supports or has supported riparian vegetation. This definition does not include artificial or manmade drainage ditches, such as those typically constructed along roads or agricultural fields, and that do not support fish or other aquatic life, or woody riparian vegetation, unless such features were the result of channel modification or a replacement for the loss of a natural drainage feature.

Day care, family. A home which regularly provides care, protection and supervision of 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, and includes large family day care and small family day care.

Day care, general. Provision of care for seven or more persons other than a family day care on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for adults or children and includes only those facilities licensed by the State of California.

Day care, large family. A home that provides family day care for up to 14 children, including children under the age of 10 years who reside in the home.

Day care, limited. Non-medical care and supervision of six or fewer persons other than a family day care on a less than 24-hour basis. This classification includes nursery schools, preschools, and day care centers for children and adults and includes only those facilities licensed by the State of California.

Day care, small family. A home that provides family day care for eight or fewer children, including children under the age of 10 years who reside in the home.

Density bonus. A density increase of at least 25 percent over the otherwise maximum allowable residential density under the applicable Land Use Code and Land Use Element of the General Plan as of the date an application for a housing development that meets the criteria set forth in HMC 20.20.035 is filed with the City. The density bonus shall not be included when determining the required percentage of targeted housing units for a project.

Developer. The legal or equitable owner, or his or her authorized representative, of any lot or parcel that is the site of a proposed development.

Distillery. An alcoholic beverage production facility licensed by the state and established for the manufacture of distilled spirits. This use category includes the general uses allowed for an alcoholic beverage manufacturing facility.

Distillery, craft. An alcoholic beverage facility licensed by the state and established for the commercial manufacture of distilled spirits, with up to 100,000 gallons liquid volume (not proof gallons) drawn off the still per fiscal year (July 1st to June 30th). The facility may package, rectify, mix, flavor, color, label and export only spirits manufactured by the licensee (including redistilled grain alcohol). This may include on-site retail sales and tastings. This use category includes the general uses allowed for an alcoholic beverage manufacturing facility.

District. A portion of the city within which the use of land and structures and the location, height and bulk of structures are governed by this title. Also known as zoning districts.

Drip line. A series of points formed by the vertical dripping of water from the outermost branches and leaves of a tree.

Driveway. A private road, the use of which is limited to persons residing or working on the site and their invitees, licensees, and business visitors, and which provides access to off-street parking or loading facilities.

Dwelling. A one-family or multi-family structure other than automobile trailers, hotels, motels, labor camps, camp cars, tents, railroad cars or other temporary structures used for the purpose of human habitation.

Dwelling, duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Dwelling, multi-family. A structure containing more than one dwelling unit.

Dwelling, single-family attached. A dwelling unit that is attached to one or more dwelling units by common vertical walls in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is located on a separate lot.

Dwelling, single-family detached. A dwelling unit that is not attached in any manner to another dwelling unit, with the exception of any accessory dwelling unit associated with the principal single-family dwelling unit that is located on the same lot, consistent with the provisions of HMC 20.20.010. This use includes factory-built modular housing units and manufactured housing on a permanent foundation constructed in compliance with the Uniform Building Code.

Dwelling, single-room occupancy. A room rented as sleeping or living quarters with or without cooking facilities located in the same room as the sleeping or living quarters, and with or without individual bathrooms.

Dwelling unit. One or more rooms and a single kitchen, designed for occupancy by one family for living or sleeping purposes.

Dwelling unit, accessory. A dwelling unit that is attached to a proposed or existing primary dwelling unit(s) or is detached and is located on the same site as a primary dwelling unit(s), and complies with the provisions of HMC 20.20.010. Accessory dwelling units are not “accessory uses or structures” as defined in this article.

Efficiency unit. A dwelling unit containing only one habitable room that meets the minimum area requirements of the California Building Code (CBC), and including a bathroom (containing a water closet, a lavatory and a bathtub or shower), kitchen area with a sink, a cooking appliance, and a clear working surface sufficient for food preparation, refrigeration facilities, a closet, and adequate light and ventilation that meets the requirements of the CBC.

Emergency. Essential activities necessary to restore, preserve, protect or save lives or property from imminent danger of loss or harm.

Emergency shelter. A facility for the temporary shelter and feeding of persons who are temporarily homeless due to a natural disaster, where such shelter is operated by a public or non-profit agency.

Employee. A person hired by another, or a business company or firm, to work for another for wages, salary, commission or other consideration. For the purpose of calculating off street parking, the term employee shall also include business owners and managers on the site.

Employee housing agriculture, seven to 12 agricultural employees. Residential housing whose occupancy is restricted to persons who are employed in, raising or harvesting any agricultural commodities. All occupants of the housing unit(s) must be agricultural employees.

Entertainment and assembly venue. A building and/or outdoor area specifically designed and used to accommodate group events such as weddings, receptions, retreats, conferences, fund-raising events, and musical performances, including the rental of the venue to third parties for such purposes. An entertainment and assembly venue may be a stand-alone use or may be associated with another use such as a hotel. This use is distinguished from a nightclub or restaurant use.

Extended hours. A business that is open to the public or operating after 10 p.m. and/or before 6 a.m.

Extended stay hotel or motel. See Hotel, extended stay hotel, motel.

Family. An individual or two or more persons living together in a dwelling unit as a single housekeeping unit and in compliance with the provisions of the California Uniform Housing Code.

Fence. A structure, other than a building, which provides a barrier and is typically used as a boundary between properties or zoning districts as a means of protection, screening or confinement. Fences are not precluded from being constructed within portions of single lots. Typically, fences are constructed of wood, brick, cement block or metal chain link.

Fence, transparent. a fence that does not obstruct the passage of light or air through the face or side of the fence. In no case shall the solid material of the fence facing or siding exceed 25 percent of any one-square-foot area nor shall it consist of solid material (e.g., boards, wire) that exceed a thickness of one inch. Examples of transparent fences include, but are not limited to, wrought iron, chain link and box wire.

Fitness center. A facility that provides exercise facilities and related activities for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. May include related uses such as sport courts, locker facilities, showers, massage services (licensed, therapeutic), tanning services, pools, whirlpools and saunas. Fitness centers located within the MU zoning designation are limited to a maximum of 5,000 square feet.

Floor area ratio (FAR): The mathematical number derived by dividing the gross floor area of all buildings on a site or lot by the total area of a site.

Floor area, gross. The sum of the gross horizontal area of the several floors of a building and its accessory buildings on the same site excluding: basement areas used only for storage; space used only for storage; space used for mechanical equipment; breezeways, uncovered steps, patios, and terraces, and porches and exterior balconies, if not enclosed. Unless excepted above, floor area includes but is not limited to elevator shafts and stairwells measured at each floor (but not mechanical shafts, penthouses, enclosed porches, interior balconies and mezzanines).

Food and beverage production – limited. The production of food and beverage products from raw materials for human consumption that has one or more associated on-site commercial uses, such as a public tasting facility of products produced on site, the retail sale of products produced on site, a restaurant or a bar. Allowable uses include those that operate at a scale, and have activities and impacts similar to, microbreweries, craft distilleries and small wineries.

Frontage. The property line of a site abutting on a street, other than the side line of a corner lot.

Garage or carport. An accessory structure or portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles. Within commercial districts, garages also include public parking structures, either privately or municipally owned and operated.

Garage, public storage. A building or grouping of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customer goods and wares.

Garage, repair. A structure or part thereof where motor vehicles or parts thereof are repaired or painted.

Garage, storage. A structure or part thereof used for the storage, or parking of motor vehicles, but not for the repair or servicing thereof.

Grade, finished. The average point of elevation of finished ground level within the area between a building and the property line or where the property line is more than five feet from a building, between the building and the line five feet from the building. In cases where walls are parallel to and within five feet of a sidewalk, the finished ground level shall be measured at the sidewalk.

Grocery and specialty foods sales. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption off site. Includes accessory uses such as retail bakeries, where any on-site baking is only for on-site sales, catering, and floral and plant sales.

Guest house. An attached or detached accessory living area, without a kitchen or cooking facilities, which is located on the same site or lot as a primary dwelling unit.

Heritage tree. Any tree that has a diameter of 30 inches or more, measured two feet above the level ground, or any tree or group of trees identified by City Council resolution.

Home occupation. The conduct of an art or profession, the offering of a service, the conduct of a business, or the handcraft manufacture of products in a dwelling in accord with the regulations prescribed in HMC 20.20.005 and which is clearly incidental to the main residential use.

Homeless shelter. A facility for the shelter and feeding of persons who lack a fixed, regular and adequate nighttime residence for up to 30 consecutive days, where such shelter is operated by a public or non-profit agency.

Hotel, extended stay hotel, motel. A commercial business with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging (fewer than 30 days). Hotels typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. May also include accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Household. One person living alone; or two or more persons sharing residency whose income is available to meet the family’s needs and who are related by blood, marriage or operation of law.

In-lieu housing fee. A fee levied by the City, consistent with the requirements of the inclusionary housing ordinance, in lieu of construction of inclusionary units.

Inclusionary unit. An affordable or middle-income housing unit built as part of a residential development project to meet the requirements of this title.

Instructional services. A business that offers group instruction in such areas as the arts, gymnastics, martial arts and yoga.

Intersection, street. The area common to two or more intersecting streets.

Junkyard. A site or portion of a site on which waste, discarded, or salvageable materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards; excepting a site on which such uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section. An establishment for the sale, purchase, or storage of used cars or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junkyard.

Kennel. Any premises, except where necessary to an agricultural use, where four or more dogs over four months of age are kept, boarded, bred or sold.

Landscaping. An area devoted to or developed and maintained with native or introduced plantings, lawn, ground cover, gardens, trees, shrubs and other plant material, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material, excluding driveways, parking and loading areas.

Legal holiday. Legal holiday means the following days: The first day of January, the third Monday in February, the last Monday in May, the fourth day of July, the first Monday in September, the eleventh day of November, Thanksgiving Day, the twenty-fifth of December, or any other holiday designated by the State of California.

Libraries and museums. Public or quasi-public facilities including arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries and museums which are generally noncommercial in nature.

Live/work facilities. An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes complete kitchen space and sanitary facilities in compliance with the City building code and working space reserved for and regularly used by one or more occupants of the unit.

Lot. A parcel of land created by a duly approved and recorded subdivision map in accordance with the Subdivision Map Act.

Lot area. The total horizontal area included within the property lines of a lot.

Lot, corner. A lot bounded on two or more adjacent street lines which have an angle of intersection of not more than 135 degrees.

Lot, depth. The horizontal distance from the mid-point of the front lot line to the midpoint of the rear lot line.

Lot, double frontage. An interior lot having frontage on two parallel or approximately parallel streets.

Lot, flag. A lot with access to a street by means of a corridor having at least 15 feet of frontage. The length of a corridor shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage line. The area of access corridor shall not be included in determining the site area of a corridor lot.

Lot, interior. A lot other than a corner lot.

Lot, key. A lot with a side property line that abuts the rear property line of any one or more adjoining lots.

Lot, reversed corner. A corner lot the side line of which is substantially a continuation of the front property line of the first lot to its rear.

Lot line, front. A line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from a street.

Low-income household. A household receiving an income from 51 to 80 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development as adjusted by the California Department of Housing and Community Development. For purposes of the inclusionary housing ordinance, the low-income category is calculated as the average between the California Department of Housing and Community Development defined very low and low categories.

Maintenance/repair service. Maintenance and/or repair services of such items as landscaping, buildings, appliances, computers, electronics, equipment and instruments, provided on- or off-site. This category allows the incidental retail sale of related products and materials.

Manufactured home. A transportable structure which in the traveling mode is eight feet or more in width and 40 feet or more in length and is a minimum of 320 square feet and which is built on a permanent chassis or permanent foundation. This term includes mobile homes.

Manufacturing/processing - light. The assembly, fabrication or conversion of already processed raw materials into products where the operational characteristics of the manufacturing or processing (e.g., vibration, dust, glare, electromagnetic interference and/or noise) and the materials used (e.g., combustibles and explosives), will not adversely affect abutting, existing or potential sensitive receptors.

Manufacturing/processing - moderate. The assembly, fabrication or conversion of raw materials into products where the operational characteristics of the manufacturing or processing (e.g., vibration, dust, glare, electromagnetic interference and/or noise) and/or the materials used (e.g., combustibles and explosives) would adversely affect abutting, existing or potential sensitive receptors without controls on their operation. This category does not include uses that, by their nature, generate negative vibration, dust, glare, noise, and/or visual impacts that cannot be reduced to acceptable levels, such as dumps, slag piles, freight forwarding terminals, tanneries, wood pulp processing, refineries, junk and vehicle wrecking yards, and the storage of excavated materials, manure and/or soil.

Market rate housing. A non-inclusionary housing unit.

Massage establishment. A business entity or social organization having a fixed place of business where any person, firm, association, partnership or corporation engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any massage. Massage activities conducted as an ancillary to a medical, therapeutic or restorative activity by individuals so licensed by the State of California shall not be defined as a massage establishment.

Medical services, minor. A facility other than a hospital where medical, dental, mental health, surgical and/or other health care services are provided on an outpatient basis by no more than four licensed primary practitioners (e.g., chiropractors, doctors, veterinarians, dentists, optometrists, counseling services, psychiatrists).

Microbrewery. A brewery that produces fewer than 15,000 barrels of beer per year. This use category includes the general uses allowed for a winery.

Middle-income household. A household receiving an income from 121 to 160 percent of area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development as adjusted by the California Department of Housing and Community Development. The middle-income income range may be less than 160 percent of the of the area median income for Sonoma County if the related maximum housing price, as computed by the City, would require a mortgage that exceeds the amount of a conforming mortgage loan for Sonoma County as periodically redefined by the U.S. Department of Housing and Urban Development. For purposes of the inclusionary housing ordinance, the middle-income category is targeted to households at 140 percent of area median income.

Mixed use development. A combination of nonresidential and residential uses arranged on a site. Uses may be mixed vertically or horizontally within the same building or separate buildings.

Mobile home. See Manufactured home.

Moderate-income household. A household earning an income from 81 to 120 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development as adjusted by the California Department of Housing and Community Development. For purposes of the inclusionary housing ordinance, the moderate-income category is targeted to households at 100 percent of area median income.

Motor vehicle. Any and every self-propelled vehicle as defined by the California Motor Vehicle Code, including any on-highway type motor vehicle subject to registration under said code, and any off-highway type motor vehicle subject to identification under said Code.

Motor vehicle wrecking yard. A site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale, dumping of dismantled or wrecked vehicles or their parts is conducted. The presence outside of a fully enclosed structure of three or more used motor vehicles that are not capable of operating under their own power shall constitute prima facie evidence of a motor vehicle wrecking yard.

Multifamily rental housing. A building or structure with two or more dwelling units, all of which are intended for use as rented residential premises.

Nightclub. A commercial establishment primarily intended for live entertainment (e.g., music, dancing, comedy, etc.) operated in conjunction with alcoholic beverage sales, which are not part of a restaurant use, and where any food service is subordinate to the sale of alcoholic beverages.

Nonconforming sign. A sign, outdoor advertising structure, or display of any character, which was lawfully erected but which does not conform with current standards for location, size, illumination or other standard for the district in which it is located, by reason of adoption of this Title or amendment thereto, or by reason of annexation of territory to the City.

Nonconforming structure. A structure or building which was lawfully erected, but which does not conform with current standards of coverage, setbacks, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located, by reason of adoption of this Title or amendment thereto, or by reason of annexation of territory to the City.

Nonconforming use. A use of a structure or land which was lawfully established and maintained, but which does not conform with the use regulations or required standards for the district in which it is located, by reason of adoption of this Title or amendment thereto, or by reason of annexation of territory to the City.

Nonstorefront commercial medicinal cannabis retailer. Any commercial cannabis use that only engages in the retail sale by delivery of medicinal cannabis to qualified patients and primary caregivers.

Nursing home. A structure or group of structures operated as a boarding house in which nursing, dietary, and other personal services are rendered to convalescents, invalids, or aged persons, not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home is deemed a nursing home.

Off-street loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Off-street parking facilities. A site or portion of a site devoted to the parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas. May also include, by reference, off-street loading areas.

Outdoor advertising structure. A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or the advertised use is produced or sold.

Patio, covered. A structure not exceeding 14 feet in height, and enclosed on not more than three sides except for posts necessary for roof support. Covered patios shall be included within site coverage calculations.

Permanent foundation system. An assembly of materials constructed below or partially below grade and not intended to be removed from its installation site, which assembly is designed to support a structure and is engineered to resist the imposition of external natural forces as defined by the California Health and Safety Code.

Permitted use. A land use or activity allowed in a zoning district without the requirement for a conditional use permit under this Title.

Person. Any individual, firm, association, corporation, organization, or partnership, or any city, county, district or state or any department or agency thereof.

Personal services. The provision of nonmedical services as a primary use. May include the retail sales of products related to the services provided. Examples of these uses include:

Advisory and consulting services

Clothing rental

Design services

Dry cleaning pick-up with limited equipment

Employment services

Fitness center

Framing, art

Hair, skin and nail care, including tanning, body piercing and tattooing

Laundries, self-service

Legal services

Massage (licensed, therapeutic, nonsexual)

Pet grooming, not including day or overnight care

Photography services

Real estate services

Rental and repair of bicycles and scooters

Rental of prerecorded video and audio

Rental of sporting goods

Repair and tailoring of clothing and shoes

Repair of small electronics and appliances

Travel arrangements for out-of-town travel

Porch. A covered platform, usually having a separate roof, located at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.

Pre-existing. In existence prior to the effective date of this Title and applicable amendments.

Primary caregiver. “Primary caregiver” shall have the meaning set forth in Health and Safety Code Section 11362.7, as it may be subsequently amended.

Primary dwelling unit(s). Single or multi-family dwelling units that are allowed to be constructed on a site or lot as a principal use in conformity with this Title.

Project area. The Sotoyome Community Development Project or any new or merged areas established by the redevelopment agency in the City of Healdsburg.

Property plane. A vertical plane, including the property line, which determines the property boundaries in space.

Qualified patient. “Qualified patient” shall have the meaning set forth in Health and Safety Code Section 11362.7, as it may be subsequently amended.

Railroad right-of-way. A strip of land on which railroad tracks, switching equipment, and signals are located, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, yards or other uses are located.

Recycling facility. A center for the collection and/or processing of recyclable materials. “Recyclable material” means reusable domestic containers and other materials that can be reconstituted, remanufactured or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials. This use includes the following categories.

Small collection facility. A center that occupies an area of 350 square feet or less, and may include a mobile unit, where the public may donate, redeem or sell recyclable materials. Small collection facilities may include reverse vending machines, which are automated mechanical devices that accept at least one or more types of empty containers 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.

Medium collection facility. Includes the following:

• Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet. 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 issues a cash refund based on total weight instead of by container.

• A kiosk unit.

Regulatory agreement. A binding agreement between the City and a developer that guarantees the long-term affordability of specific housing units. It specifies income ranges for households to which a unit may be sold or rented and the number of years the units shall remain affordable to target households. The agreement is prepared by the City Manager or his or her designee.

Residential care, general. A State-licensed facility, place or structure that is maintained and operated to provide nonmedical residential care, day treatment or foster agency services for seven or more adults and/or children as defined in the California Health and Safety Code. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications).

Residential care, limited. A State-licensed facility, place or structure that is maintained and operated to provide nonmedical residential care, day treatment or foster agency services for six or fewer adults and/or children as defined in the California Health and Safety Code. This use includes the administration of limited medical assistance (e.g., dispensing of prescribed medications).

Residential development project. A project consisting of one or more dwelling unit(s) or lot(s), including, but not limited to, single-family dwelling(s), multifamily dwelling(s), condominium(s), townhouse(s), conversion of apartments to condominium(s) and residential land subdivision(s). Residential development projects include for sale or rental units

Residential visitor lodging operation. A residential dwelling unit in which paying guests are lodged on an overnight basis in accordance with HMC 20.20.060.

Restaurant. A retail business selling ready-to-eat food for on- or off-premises consumption, with on-site food preparation as a primary use. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and eating establishments where customers are served food at their tables for on-site consumption, and which may also provide food for take-out and beverage service. Customer seating may be located outdoors.

Retail, bulky products. The sale of bulky items, such as home furnishings, antiques, pools and spas, animal feed, farm supplies, building materials, hardware, landscaping materials and commercial fuel in an area (including a structure and any associated outdoor space) containing 5,000 square feet or more devoted to such uses. This category does not include big box retail, as defined in the Healdsburg General Plan.

Retail, general. The sale of the following and similar items. This land use does not include adult entertainment establishment or firearm sales (HMC 20.20.105), which are separately defined.

Antiques and collectibles

Art

Art, craft and hobby supplies

Audio and video equipment

Baked goods, including their preparation for on-site sales

Bicycles, scooters

Books, newspapers, periodicals - new and used

Cameras, photographic supplies

Clothing, shoes, accessories - new

Computers, computer supplies

Consignment goods

Fabrics, sewing supplies

Flowers, plants - indoor sales only

Home decor and furnishings

Household appliances - small

Household supplies, kitchenware

Jewelry, watches

Leather goods

Luggage

Musical instruments, parts and accessories

Office supplies, stationery, greeting cards

Optic wear

Orthopedic supplies

Personal care products, including health care products

Pets, pet supplies

Pharmaceuticals, excluding marijuana dispensaries

Pre-recorded video and audio materials

Sporting goods and equipment

Telecommunication devices for personal use

Toys, games

Retail, secondhand goods. The sale of used products, including clothing, furniture and household goods, jewelry, appliances, musical instruments, business machines and office equipment, tools, motors, machines, instruments and any similar secondhand articles or objects. This category does not include the sale of secondhand farm and construction equipment, junk dealers, scrap/dismantling yards and the sale of cars and other used vehicles.

Retail warehouse. A large retail structure or establishment under one roof where durable goods, food and grocery items or similar items are offered for sale in an open warehouse display context.

Sanitarium. A structure, other than a nursing home, where persons are boarded and furnished with nursing or medical care.

Senior citizen. A person 62 years of age or older or a person 55 years of age or older if a project contains at least 35 units to be used for senior citizen housing.

Shopping center. A group of commercial establishments planned, constructed and managed as a total entity with customer parking provided on-site, provisions for goods delivery separated from customer access and aesthetic considerations.

Sign. Any lettering or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, identification, or other purposes on the ground or on any bush, tree, rock, wall, post, fence, building, structure, vehicle or on any place whatsoever. The term “placed” shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever.

Single ownership. Holding record title, possession under a contract to purchase, or possession under a lease, by a person, firm, corporation, or partnership, individually, jointly, in common, or in any other manner whereby the property is or will be under unitary or unified control.

Single-room occupancy. A room rented as sleeping or living quarters with or without cooking facilities located in the same room as the sleeping or living quarters, and with or without individual bathrooms.

Single-room occupancy building. A multi-unit residential building in which at least 90 percent of the units are single-room occupancy (SRO) units, excluding rooms occupied by management employees, and in which at least 75 percent of the annual occupancy of the SRO units is for monthly terms.

Site. The parcel of land or a portion thereof, considered as a unit, devoted to or intended for a use or occupied by a structure or a group of structures that are united by a common interest or use.

Site (lot) area. The total horizontal area included within the property lines of a lot, exclusive of the area of access corridors, streets, and portions of the site within the future street plan lines. Easements are included within site areas.

Site coverage. The amount of a building site covered by main and accessory buildings and structures, as computed from the outside dimension of the structure, including garages, carports, accessory dwelling units and covered patios. Open recreational facilities such as swimming pools and spas, courts, decks and similar facilities (under 30 inches in height above finished grade) shall not be included in the calculation of building coverage. Projecting eaves and porches and patios open on three sides shall also be excluded from building coverage calculations.

Spa, day use. An establishment independent of overnight accommodations that offers a combination of health-related personal services, including but not limited to facials, hand and foot treatments, and massages.

Spa, overnight stay. A day spa facility that offers visitor lodging accommodations to the general public and may provide additional services, such as a restaurant, meeting rooms and recreational facilities. The visitor lodging accommodations shall be located in a one-story building(s) only that cannot be accessed directly from an automobile.

Specialty transportation. Pedicabs, Segways, scooters, bicycles and similar modes of transportation.

Specified anatomical areas. This shall include the following: less than completely and opaquely covered human genitals, pubic region; buttocks; and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. This shall include the following: human male genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

Stable. A complex, including buildings and adjacent grounds, for the keeping of horses, mules and ponies.

State cannabis laws. Means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program); California Business and Professions Code Section 26000, et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Cannabis Marijuana Grown for Medical Use issued in August 2019, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA, particularly including California Code of Regulations Title 4, Division 19 (Department of Cannabis Control); any license issued pursuant to MAUCRSA; and all other applicable laws of the State of California.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor above. If there is no floor above, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level directly below a usable floor space is more than six feet above grade (for more than 50 percent of the perimeter), or is more than 12 feet above grade at any point, such under-floor space, it shall be considered a story.

Street. A thoroughfare right-of-way, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of accessing abutting land.

Stream. See Creek.

Structure. Anything constructed or erected that requires a location on the ground, including a building or a swimming pool, but not including a fence, a wall used as a fence, or a deck less than 30 inches above finished grade.

Structure, accessory. A detached, subordinate structure the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land, and which is located on the same site as the main structure or use.

Structure, main. A structure housing the principal use of a site or functioning as the principal use.

Supportive housing. Housing with no limits on length of stay that is occupied by the target population (as defined in California Government Code Section 65582) and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

Swimming pool. A pool, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

Tandem parking. Off-street parking spaces where two or more automobiles are parked behind one another on an existing driveway or new paved dustless surface.

Targeted unit. A unit reserved under the criteria set forth in HMC 20.20.035.

Tasting room. A retail business where alcoholic beverages are provided for on-site consumption for the purpose of marketing alcoholic beverage brands to the general public. Tasting rooms may be established either as a separate off-site retail space or an area within a winery, brewery or distillery. A tasting room usually consists of a standing bar or similar area within a commercial business that may offer samples to patrons, for sale or on a complimentary basis, in accordance with the State Alcoholic Beverage Control licensing requirements. The use may include tastings of single or multiple brands, and sale of retail wares and alcoholic beverage products for off-premises consumption.

Theater and auditorium. An indoor facility for public assembly and group entertainment. Examples of these facilities include:

• Civic theaters, and facilities for “live” theater and concerts.

• Movie theaters.

• Similar public assembly facilities.

Transitional housing. Rental housing operated under program requirements that call for the termination of assistance and recirculation 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. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

Tree. Any woody perennial plant with a single trunk diameter of six inches or more or a combination of multiple trunks with a total diameter of 12 inches or more, measured four and one-half feet above the average natural grade.

Tree, heritage. See Heritage tree.

Transmission line. An electric power line bringing power to a receiving substation or a distribution substation.

Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained.

Use, accessory. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

Vacation rental. The rental/letting of a residential unit, including bedroom(s), kitchen and bath, for fewer than 30 days for transient lodging purposes and with no on-site management.

Vacation timeshare. A development in which the purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been allotted from the use or occupancy periods into which the project has been divided

Vehicle services. The repair, servicing, alteration, restoration, towing, painting or finishing of vehicles and/or boats as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories.

Major maintenance/repair. Includes towing, collision repair and other body work, and painting services; tire recapping.

Minor maintenance/repair. Includes limited repair and maintenance services, such as car stereo and alarm installers, window tinting, detailing services, muffler and radiator servicing, quick-lube services, tire and battery sales and installation (not including tire recapping), washing.

Vehicle storage. The long-term storage of operative cars, trucks, buses, recreational vehicles, and other motor vehicles.

Very low-income household. A household receiving an income less than or equal to 50 percent of the area median income for Sonoma County as determined by the U.S. Department of Housing and Urban Development as adjusted by the California Department of Housing and Community Development. For purposes of the inclusionary housing ordinance, the very low-income category is set equivalent to the California Department of Housing and Community Development definition of very low for Sonoma County.

Visitor lodging. Facilities with guest rooms and/or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (i.e., less than 30 days). Includes associated services such as restaurants, meeting facilities, personal services, recreational facilities and accessory retail uses, which may be open to the public.

Viticultural area sign. A sign to identify one or more wineries or associated wine tasting businesses within an area recognized as an American Viticultural Area by the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms.

Warehouse. A building intended for the wholesale storage or distribution of goods or products. Limited retail sales may be permitted with the issuance of a conditional use permit.

Wholesaling and distribution. Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes retail sales comprising no more than 25 percent of the floor area. This category does not include freight forwarding terminals.

Width. The horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

Winery - small. A winery that produces fewer than 20,000 gallons of wine per year.

Workforce housing. Housing that includes live/work facilities, multi-family housing and single room occupancies, provided the dwellings are located on the site where the source of employment is located.

Yard. An open space on the same site as a structure, unoccupied and unobstructed from the ground upward, including a front yard, or space between structures.

Yard, front. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.

Yard, rear. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site.

Yard, side. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.

Youth-oriented property. Any property on which any of the following uses are located: (1) a child day care facility (as defined by California Health and Safety Code Section 1596.750, which includes a 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; and includes day care centers, employer-sponsored child care centers, and family day care homes); (2) a day care center (as defined by California Health and Safety Code Section 1596.76, including any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, and includes child care centers licensed pursuant to California Health and Safety Code Section 1596.951); (3) a youth center (as defined by California Health and Safety Code Section 11353.1, which includes any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities); or (4) a school (including any private or public educational facility providing instruction in kindergarten or grades one through 12).

Zoning administrator. The planning and building director shall be appointed as the zoning administrator with the duties and responsibilities as outlined in this title. (Ord. 1241 § 8, 2024; Ord. 1239 § 3, 2024; Ord. 1234 §§ 6 – 8, 2023; Ord. 1233 §§ 6 – 8, 2023; Ord. 1231 § 12, 2023; Ord. 1227 § 8, 2023; Ord. 1219 § 4, 2022; Ord. 1210 § 10, 2021; Ord. 1197 § 1 (Att. A), 2019; Ord. 1191 §§ 3, 4, 2019; Ord. 1187 §§ 8, 9, 2019; Ord. 1179 § 6, 2018; Ord. 1173 § 5, 2018; Ord. 1166 §§ 6 – 8, 2017; Ord. 1159 § 17, 2016; Ord. 1140 § 3, 2014; Ord. 1111 § 1 (Exh. A), 2011; Ord. 1104 § 2 (Exh. A § 1), 2010; Ord. 1091 § 2, 2009; Ord. 1088 § 2 (Exh. B), 2009; Ord. 1087 § 2 (Exh. B), 2009; Ord. 1019 § 2 (Exh. A § 115), 2004; Ord. 1018 § 2 (Exh. A § 115), 2004; Ord. 1012 § 2 (Exh. B § 2), 2004; Ord. 1010 § 4 (Exh. A §§ 1, 2), 2003; Ord. 1003 § 2 (Exh. A §§ 1, 2), 2003; Ord. 980 § 2 (Att. A), 2001; Ord. 964 § 2 (Exh. A § 115), 2000; Ord. 950 § 2 (Exh. A § 115), 1998.)