Chapter 17.04
INTRODUCTORY PROVISIONS AND DEFINITIONS Revised 11/22
Sections:
17.04.020 Zoning plan adoption.
17.04.050 Components of zoning ordinance.
17.04.060 Zoning maps—Adopted by reference.
17.04.070 Zoning map—Classification of territory.
17.04.080 Adoption of zoning matrices.
17.04.090 Application and interpretation.
17.04.100 Previously approved projects.
17.04.110 Limitations of land use and structures.
17.04.130 Base zoning districts and relationship to general plan.
17.04.140 Definitions. Revised 11/22
17.04.010 Short title.
This title shall be known as and may be cited as the “Zoning Ordinance of the City of Winters,” “Zoning Regulations,” “Winters Zoning Ordinance” or “Zoning Ordinance.” (Ord. 97-03 § 2 (part): prior code § 8-1.1001(A))
17.04.020 Zoning plan adoption.
There is adopted a zoning plan for the city, as provided in Chapter 4 of Division 1 of Title 7 of the Government Code of the state. This Chapter constitutes a precise plan for the use of land in conformity with the general plan standards. (Ord. 97-03 § 2 (part): prior code § 8-1.1001(B))
17.04.030 Scope.
The provisions of this title shall apply to all lands and all owners of lands within all of the incorporated areas of the city and shall be applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that such provisions may now or hereafter be enforceable in connection with the activities of any public agency or organization. (Ord. 97-03 § 2 (part): prior code § 8-1.1001(C))
17.04.040 Purpose.
The provisions of this title are adopted to promote and protect the public health, safety, morals, comfort, convenience and general welfare. Specifically, the zoning ordinance is intended to:
A. Provide specific guidance for the physical development of the city in order to preserve the safety, character and quality of residential neighborhoods, achieve harmonious working relationships between land uses and to achieve the arrangement of land uses prescribed in the general plan;
B. Achieve consistency with the city’s adopted redevelopment area plan;
C. Promote economic stability of land uses which are consistent with the general plan, including within the central business district;
D. Ensure the adequate provision of open space for light, air and fire safety;
E. Conserve and enhance the city’s architectural and cultural resources;
F. Promote safe and effective traffic circulation systems including adequate off-street parking and loading zones for new development;
G. Minimize environmental degradation by ensuring orderly development of lands consistent with the general plan. (Ord. 97-03 § 2 (part): prior code § 8-1.1001(D))
17.04.050 Components of zoning ordinance.
The zoning ordinance includes the following components:
A. Provisions dealing with the administration, interpretation and enforcement of the zoning ordinance;
B. Definitions of terms and descriptions of land use classifications;
C. Regulations, known as the zoning regulations, establishing classes of zoning districts, governing the use of land and the placement of buildings and improvements within districts, and establishing performance standards;
D. A zoning map, delineating the boundaries of zoning districts within the city. (Ord. 97-03 § 2 (part): prior code § 8-1.1001(E)(2))
17.04.060 Zoning maps—Adopted by reference.
A. The designations, locations, and boundaries of the zones set forth in this text are set forth on the zoning map of the city, which map, and all notations, references, data and other information shown thereon are adopted and made a part of this title by reference as if the information set forth thereon were fully described in this title.
B. The zoning map shall identify its date of adoption and any following amendments.
C. A copy of the adopted zoning map is on file in the community development department. (Ord. 97-03 § 2 (part): prior code § 8-1.1001(F))
17.04.070 Zoning map—Classification of territory.
All incorporated territory of the city shall be classified as set forth on the zoning map adopted by reference as a part of this title pursuant to the provisions of Section 17.04.060. The territory shall retain the zoning classification unless the territory shall be otherwise zoned in the manner prescribed by law. (Ord. 97-03 § 2 (part): prior code § 8-1.1001(G))
17.04.080 Adoption of zoning matrices.
Land use designations, lot development standards and lot creation standards are included within this title in a set of matrices and are considered an integrated part of this title. Any additions, deletions, corrections or modifications of these matrices shall be by the same procedure used to adopt the zoning ordinance. (Editorially amended during 2003 codification; Ord. 97-03 § 2 (part): prior code § 8-1.1001(H))
17.04.090 Application and interpretation.
A. Applicability to Property.
The zoning regulations apply to all lands within the city, including lands owned or operated by the city and other local, state or federal agencies to the extent provided by law.
B. Applicability to Streets, Utilities and Rights-Of-Way.
Development located in or adjacent to a public or private street, alley, utility or other existing or proposed right-of-way shall adhere to the standards of the contiguous zoning district, including setbacks as applicable.
C. Conflict With Other Regulations.
Where a conflict occurs between these zoning regulations and another city regulation, resolution or guideline, the zoning regulations control unless otherwise specified.
D. Relation to Prior Zoning Ordinance.
These zoning regulations supersede prior zoning regulations of the city. These zoning regulations do not legalize any land use or structure established or maintained in violation of prior zoning regulations.
E. Local Emergency.
The city council may by resolution and without notice or public hearing authorize deviations from these zoning regulations during a local emergency.
F. Interpretation of Zoning Regulations.
Where uncertainty exists regarding the interpretation of a provision of these zoning regulations or their application to a specific site, the community development director shall determine the intent of the provision. The director may also defer such action to the planning commission as deemed appropriate.
G. Zoning Map Interpretation.
Where uncertainty exists with respect to the boundaries of the various zones as shown on the zoning map, the following rules shall apply:
1. Freeway, Street or Alley Lines.
Where the indicated zoning boundaries on the maps are approximately freeway, street or alley lines (or their rights-of-way), the centerline of the freeway, streets or alleys shall be construed to be the boundaries of the zones.
2. Lot Lines.
Where the indicated boundaries on the zoning map are approximately the lot lines, the lot lines shall be construed to be the boundaries of the zone, unless the boundaries are otherwise indicated on the zoning map.
3. Scale—Determination by the Commission.
Where the property is indicated on the zoning map as acreage and not subdivided into lots and blocks, or where the zone boundary lines lie within the boundary of a lot, the zone boundary lines on the zoning map shall be determined by the scale contained in the map and, where uncertainty exists, the zone boundary line shall be determined by the community development director by a written decision. In the event property shown on the zoning map has been or is subsequently subdivided into lots or blocks by a duly recorded subdivision map and the lot and block arrangement does not conform to that anticipated when the zone boundaries were established or property is resubdivided by a duly recorded subdivision map into a different arrangement of lots and blocks than shown on the zoning map, the planning commission, after notice to the owners of the property within three hundred (300) feet of the boundaries of the lots subdivided and conducting a public hearing, may interpret the zoning map and make minor readjustments in the zone boundaries in such a way as to carry out the intent and purpose of this title and to conform to the street, block and lot layout on the ground. Such interpretation shall be by a written decision, with corollary changes made to the zoning map in the city offices to conform thereto.
4. Vacated Streets or Alleys.
In the event a street or alley was a zone boundary between one or more different zones, the new zone boundary shall be the former centerline of the vacated street or alley.
5. Annexed Territory.
Territory to be annexed to the city shall be pre-zoned prior to the annexation. The zoning designated in the pre-zoning shall take effect as the official zoning immediately upon annexation. (Ord. 97-03 § 2 (part): prior code § 8-1.1002(A)-(G))
17.04.100 Previously approved projects.
An approved use permit, variance, tentative or parcel map or other development entitlement, including a recorded development agreement, does not require a change in plans, term, conditions, or use of a property or structure in order to achieve conformity with these zoning regulations unless the project would be in substantial noncompliance with the provisions of this title. Where such a situation occurs, the planning commission shall review the proposal to determine the extent to which the project should be modified to achieve title compliance. No project modification shall be necessary where an applicant can demonstrate substantive use or progress toward project implementation. (Ord. 97-03 § 2 (part): prior code § 8-1.1002(H))
17.04.110 Limitations of land use and structures.
Except as otherwise provided in this title:
A. Use Requirements.
No building, or part thereof, or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than as set forth in this title.
B. Height and Yard Requirements.
No buildings, or part thereof, or structure shall be erected, reconstructed or structurally altered to exceed height limits and yard requirements set forth in this title for the zone in which the building is located.
C. Area Requirements.
No building, or part thereof, or structure shall be erected, nor shall any existing building be altered, enlarged, rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner except in conformity with the regulations set forth in this title.
D. Duplicate Use of Open Spaces and Yards.
No yard or other space provided about any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or open space on one building site shall be considered as providing a yard or open space on another building site.
E. Other Requirements and Procedures.
All other requirements, regulations, provisions, and procedures set forth in this title shall be complied with. (Ord. 97-03 § 2 (part): prior code § 8-1.1002(I))
17.04.120 Validity.
If any section, subsection, sentence, clause or phrase of this title is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this title. The city council hereby declares that it would have passed this title and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that one or more sections, subsection, sentences, clauses or phrases be declared invalid. (Ord. 2003-01 § 1: Ord. 97-03 § 2 (part): prior code § 8-1.1003)
17.04.130 Base zoning districts and relationship to general plan.
In order to classify, regulate, restrict and separate the use of land, buildings and structures, the type, height and bulk of buildings and structures in the various districts, the areas of yards and other open areas abutting and between buildings and structures, and the density of population, the city is hereby divided into the following base zoning districts as shown in Table 1.
Table 1 also identifies consistency between the creation of the base zoning districts and corollary general plan land use designations. (Note: no base zoning districts have been specifically identified to implement the general plan land use designations of planned commercial and planned commercial/business park. The appropriate base zoning district shall be determined as part of the general plan’s required master planning process for such sites. At that time, a base zoning district shall be assigned consistent with the general plan.)
|
BASE DISTRICT DESIGNATOR |
BASE DISTRICT NAME |
TITLE SECTION |
COROLLARY GENERAL PLAN DESIGNATION |
|---|---|---|---|
|
A-1 |
General Agriculture |
Agricultural |
|
|
R-R |
Rural Residential |
Rural Residential |
|
|
R-1 |
Single Family, 7000 sf average minimum |
Low Density Residential |
|
|
R-2 |
Single Family, |
Medium Density |
|
|
R-3 |
Mu1ti-Fami1y Residential |
Medium/High Density |
|
|
R-4 |
High Density Multi-Family Residential |
High Density Residential |
|
|
C-1 |
Neighborhood Commercial |
Neighborhood Commercial |
|
|
C-2 |
Central Business District |
Central Business District |
|
|
C-H |
Highway Service Commercial |
Highway Service |
|
|
O-F |
Office |
Office |
|
|
B/P |
Business/Industrial Park |
Business/Industrial Park |
|
|
M-1 |
Light Industrial |
Light Industrial |
|
|
M-2 |
Heavy Industrial |
Heavy Industrial |
|
|
PQP |
Public/Quasi-Public |
Public/Quasi Public |
|
|
P-R |
Parks and Recreation |
Parks and Recreation |
|
|
O-S |
Public Open Space |
Open Space |
|
|
P-D (Overlay) |
Planned Development |
Chapter 17.48 |
Planned Development |
(Ord. 2003-01 § 2; Ord. 97-03 § 2 (part): prior code § 8-1.1004)
17.04.140 Definitions. Revised 11/22
A. Applicability.
For the purposes of this title, unless otherwise apparent from the context, certain words and phrases as used in this title are defined in this section.
Words and phrases not specifically defined in this chapter shall have the meaning ascribed to them as defined in the following sources:
1. Other applicable sections of this code;
2. The Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5);
3. The Medical Marijuana Program Act (California Health and Safety Code Sections 11362.7 through 11362.83); and
4. The California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008.
Notwithstanding any provision of this chapter or this code to contrary, any land use that cannot be, or is not, conducted or carried out without being in violation of state or federal law, or of this code, is a prohibited use in all zones and specific plan areas, and no variance shall be issued for such a use. Except as otherwise provided in this chapter:
a. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated, or intended to be used for any purpose, or in any manner other than is included among uses hereinafter listed as permitted in the zone in which such buildings, land or premises is located.
b. No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which said building is located.
c. No building or part thereof or other structure shall be erected, nor shall any existing building be altered, enlarged, rebuilt, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the zone in which such building or open space is located.
d. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or other open space for any other building site, except as otherwise provided in this section.
B. Definitions.
“Abutting” or “contiguous” means land or zoning district boundaries having a common property line. Lands or district boundaries separated by an alley, street or right-of-way shall be considered abutting.
“Acceptance for filing” means receipt and continued processing of an application or submittal over the public counter or through the mail or other delivery service, based on a preliminary determination that all required components (e.g., fees, completed application, mailing lists, appropriate copies of maps, special notes or statements, etc.) are provided. If all required components are not provided, the application shall not be accepted and/or shall be returned. “Acceptance,” for purposes of filing, routing, or processing, is to be distinguished from a determination that the application or submittal is “complete.”
“Access drive” or “driveway” means a private driveway connecting a street or alley with a parking or loading area with space and of sufficient width to permit safely the passage of all vehicles, equipment, machinery, trailers, mobilehomes, boats, and/or pedestrians, either self-propelled or transported, which may normally or reasonably be expected to seek access to the parking or loading area or space. Whenever the size, location, or use of the parking or loading area is such as to reasonably necessitate the use of the drive by emergency vehicles, the drive shall be of adequate width and design to permit the passage of the emergency vehicles. An access drive or easement serving four or fewer single-family residences shall not be counted for setback purposes.
“Accessory building or accessory structure,” which excludes accessory dwelling units, means a detached subordinate structure or building located on the same premises as the main building or buildings (or proposed for development concurrently with the main building or buildings), the use of which is customarily incidental to that of the main building or the use of land. Where any portion of a wall of an accessory building or structure is attached to the main building or where an accessory structure is attached to the main building in a substantial manner by a roof or deck, the accessory building or structure shall be considered and treated as part of the main building.
“Accessory dwelling unit” or “ADU” means a dwelling unit attached or detached from the principal permitted dwelling which provides complete and independent living facilities, including living, sleeping, eating, cooking and sanitation facilities, for rent but not for sale. An accessory dwelling unit also includes an efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code, and a manufactured home, as defined by Section 18007 of the California Health and Safety Code.
“Accessory use” means a lawfully permitted use in the zone, unless otherwise noted in this title, which use is customarily incidental and subordinate to the principal use of the site or of a main building on the site and serving a purpose which does not change the character of the principal use, and which is compatible with other principal uses in the same zone and with the purpose of the zone.
“Adjoin” means the same as “abutting.”
“Administrative” means an internal, preliminary draft document submitted to the city for independent review for administrative purposes only. Administrative draft documents are not a part of the record of proceedings nor considered a “public document” for the purposes of the Public Records Act or the California Environmental Quality Act (CEQA). Administrative drafts are to be discarded or returned to the consultant, and shall not be retained in the project files.
“A-frame sign” means a portable freestanding sign capable of standing without support or attachment.
“Agent of owner” means any person who can show certified written proof that he or she is acting for the property owner.
“Alley” or “lane” means a public or private way, other than a driveway, affording only secondary means of access to abutting property.
“Alter” means a physical change in a structure, including changes to bearing walls, columns and beams, or to the exterior appearance of a structure, other than painting.
“Animal, exotic” means any wild animal not customarily confined or cultivated by man for domestic purposes, other than small or large domestic animals. This term includes llamas, peacocks, large reptiles.
“Animal, large domestic” means domestic horses, burros and mules, domestic swine, domestic cattle, sheep, goats and similar livestock. The term shall also include the keeping of rabbits, pot-bellied pigs, hens, and geese.
“Animal, small domestic” means dogs and cats over the age of ten (10) weeks.
“Apartment” means a multifamily dwelling consisting of three or more dwelling units offered for rent or lease, under single ownership.
“Applicant” means the person, public or private, listed as the applicant on an application for a project and includes the record owner of the real property that is the subject of the project at the time of the application for the project.
“Approving body” means the city council of the city of Winters and/or the Winters planning commission, whichever takes final discretionary action on a project.
“Beginning of construction” means the incorporation of labor and materials at a construction site, commencing with grading or foundation construction, whichever occurs sooner.
“Block” means all property fronting on one side of a street between intercepting streets or between a street and a waterway, dead-end street, major easement or right-of-way, or unsubdivided land. An intercepting street shall only determine the boundary of a block on the side of the street which it intercepts.
“Breezeway” means a roofed structure open on two sides connecting two structures, such as a residence and a garage.
“Building” means any structure having a roof and supported by columns or walls, which is used or intended to be used for the shelter or enclosure of persons, animals or property.
“Building frontage” means the primary wall of a building facing a street (not including the freeway). If the building does not front on a street, the face of the building containing the main structure entry is the building frontage.
“Building materials” means any substance that can be used in construction of buildings, roadways or accessory structures.
“Building, main” means a building in which is conducted the principal use of the building site on which the building is situated.
“Building, nonconforming” means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning regulations.
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” does not mean “industrial hemp” as defined by Health and Safety Code Section 11018.5. Unless specified otherwise, “cannabis” shall mean and include both cannabis for medical purposes and nonmedical adult-use cannabis.
“Carport” means a roofed structure with one or more open sides for the parking of vehicles.
“Commercial cannabis activity” means and includes any and all commercial cannabis uses authorized by the state of California and subject to state licensing, including but not limited to cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in state law, including wholesale and retail sales of cannabis for medical or nonmedical adult use, and including any business, person or entity that conducts or engages in these commercial cannabis activities, regardless of whether a state license was issued.
“Commercial cannabis cultivation” means any cultivation of cannabis licensed by the state of California in accordance with state law, including but not limited to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code Section 26000 et seq., as may be amended. This definition shall not be interpreted to restrict personal cultivation of marijuana exempt from state licensing requirements, including cultivation of medical marijuana by a “primary caregiver” or “qualified patient,” as those terms are defined by Health and Safety Code Section 11362.7, as may be amended, so long as such cultivation is otherwise conducted in accordance with applicable state law and this code.
“Community development director” means the director of the community development and building department.
“Complete application” means an application or submittal determined to be complete pursuant to Section 65943 of the Government Code, upon receipt of adequate (sufficient) information and data describing the project and the project setting, to allow for an initial study to be conducted and the environmental determination to be made. This determination is usually documented by a letter of completeness.
“Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
“Cottage food operation” means any activity operated as a cottage food enterprise with not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator living in the home where the cottage food products are prepared or packaged for direct or indirect sale to consumers, as defined and may be amended by the California Department of Public Health, Section 113758 of the Health and Safety Code. Gross annual sales are regulated by the provisions of Section 113758 of Health and Safety Code.
“Cottage food products” means non-potentially-hazardous foods, including foods that are limited to and described in Section 114365.5 of the California Health and Safety Code and that are prepared for sale in the kitchen of a cottage food operation.
“Counter audit” means a preliminary evaluation of a submittal or application that occurs at the public counter, to determine whether it can be accepted for filing, routing, or processing, and to determine the applicability of CEQA.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming or processing of marijuana or any part thereof.
“Deemed withdrawn” means a determination by the city that an application is no longer valid. Applications that have been deemed withdrawn are to be physically returned to the applicant, and no further processing is conducted. Processing fees that have not been expended, less administrative charges, are reimbursed or may be applied to resubmittal. Projects that are withdrawn and resubmitted are processed in the same manner as newly submitted projects. No special priority or fees are applicable.
“Demolition” means any act or process that destroys in part or in whole at least seventy-five (75) percent of an existing (original) exterior building or structure walls, individual cultural resource or a cultural resource or other structure within a historic district or neighborhood, or cultural resource area.
“Density bonus” means entitlement to build additional residential units above the maximum number of units permitted pursuant to the existing general plan, applicable specific plan and zoning designations. Density bonus units may be constructed only in the development where the units of affordable housing are located. Density bonus means a bonus of units awarded to a development pursuant to Government Code Section 65915 et seq.
“Density, gross residential” means the average number of dwelling units on one acre of land in a given area where the acreage is based on the total land area including streets and rights-of-way.
“Density, net residential” means the average number of dwelling units on one net acre of land used or available for residential purposes after excluding streets and rights-of-way.
“Developer” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks the city’s approval of discretionary land use entitlements for all or part of a development project. “Developer” includes “owner.”
“Development” means any activity related to the placement of any structure, grading, change in density or intensity of land use and including subdivision of land or air space, or a demolition, addition, repair or alteration of a structure or facility.
“Dwelling” means any building or portion thereof containing one or more dwelling units designed or used exclusively as a residence or sleeping place for one or more families, but not including a tent, cabin, boat, trailer, dormitory, labor camp, hotel or motel.
“Dwelling, guest” means separate, accessory living quarters, having no kitchen facilities, attached to the main building or located in an accessory building situated on the same site as the main building, for temporary use by guests of the occupants of the main building and not rented or otherwise used as a separate dwelling.
“Dwelling unit” means one room or suite of two or more rooms designed for, intended for, or used by one family, which family lives, sleeps, and cooks therein, and which unit has one kitchen or kitchenette.
“Efficiency kitchen” means a kitchen that includes each of the following:
1. A cooking facility with appliances;
2. A food preparation counter that totals at least fifteen (15) square feet in area; and
3. Food storage cabinets that total at least thirty (30) square feet of shelf space.
“Emergency vehicle” means a self-propelled vehicle or trailer used in the discharge of duties of public districts, agencies or departments, or privately owned public utilities responsible for medical services, fire prevention and control, policing, sanitation, sewerage, drainage, levee maintenance, flood control, public utility lines and all essential services.
“Environmental coordinator” means the director of community development or his or her designated representative.
“Erect” means to locate, construct, attach, suspend, affix or paint a sign.
“Factory-built home” means a residential building constructed in conformance with the State of California Factory-Built Housing Code. A factory-built home shall not be deemed to include a mobilehome or manufactured home as defined in this section.
“Family” means one or more persons occupying a dwelling unit and living as a single housekeeping unit, and distinguished from a group occupying a boarding house, lodging house, motel, hotel, or fraternity or sorority house.
“Fence” means any structural device forming a physical barrier by means of wood, mesh, metal, chain, brick, stakes of plastic or similar materials. It includes a wall or gate used as a fence.
“Final grade” means the elevation of the finished surface of the ground, paving or sidewalk at any particular point on a property where grading has occurred in conjunction with development regulated by this title. (See following diagram.)
“Floor area” means the gross floor area bounded on all sides by the outside surface of exterior walls of all floors of all buildings, including hallways, stairways, utility rooms, storage rooms, any portion of attic and basement space over seven feet in height, restrooms and attached garages, but excluding detached accessory buildings of less than two hundred (200) square feet.
“Floor area ratio” or “FAR” means the allowed ratio of floor area to net lot area.
“Free-standing sign” means a sign which is independently supported in a fixed location and not attached to a building, fence or structure.
“Freeway” means a multi-lane divided highway for through traffic with full control of access and with grade separations at all intersections and railroad crossings, and to which highway the owners of abutting lands have no right of easement or access to or from their abutting lands.
“Garage, private” means an accessory building or portion of a main building designed for the storage and minor repairs or maintenance of self-propelled passenger vehicles, camping trailers or boats belonging to the owners or occupants of the site and their guests, or an enclosed area for the same use as a private parking area.
“General plan” means the adopted general plan of the city of Winters.
“Grading” means any activity related to the cutting, filling, compaction, storage or other movement of earth.
“Height” means the vertical distance of a building measured between the point where the final grade intersects a building or its foundation to the highest point of the building directly above that point. (See following diagram.)
“Holiday decorations” means traditional outdoor decorations of a nonadvertising nature which celebrate a nationally recognized holiday.
“Home occupation” means a commercial enterprise which is clearly incidental and secondary to the residential use of a property.
“Improvement” means a structural addition or modification to an existing structure, or addition of a structure to a property.
“Incomplete” means the status of an application following the city’s request for additional information in order to complete the application and make an environmental determination. This status may be used by the city to freeze mandatory CEQA time frames while the applicant responds to the request for additional information. This determination is usually documented by correspondence to the applicant.
“Independent review” means city evaluation of accuracy and completeness of any information submitted by outside consultants. May involve preliminary assessment of adequacy and/or feasibility.
“Junior accessory dwelling unit” or “JADU” means a residential unit that is as follows:
1. Is no more than five hundred (500) square feet in size;
2. Is contained entirely within an existing or proposed single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and
4. Includes an efficiency kitchen, as defined.
“Kitchen - kitchenette” means any space used or intended or designed to be used for the storage, preparation and cooking of food, whether the cooking unit is permanent or temporary and portable, in conjunction with the establishment or use of a dwelling unit.
“Landscaping” means the minimum required percentage of the total lot area which must be landscaped. Landscaping may consist of planting and maintaining some combination of trees, ground cover, shrubs, vines, flowers and lawn, and may include natural or constructed features if they are an integral element to the overall landscape plan.
“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but not including a garage or any accessory structure.
“Living quarters” means one or more rooms in a building designed for, intended for, or used by one or more individuals for living or sleeping purposes, with no cooking facilities.
“Loading space” means an off-street area which is suitable and usable for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, which area abuts upon a street or alley or has other appropriate means of access to and from public roads, and which area is on the same lot as the building which the area serves or on a lot contiguous to a building or group of buildings which the site serves.
“Lot” means a site or parcel of land under single ownership which has been legally subdivided, resubdivided or merged.
“Lot area, net” means the total horizontal area included within lot lines, excluding streets, alleys and vehicular easements or rights-of-way.
“Lot, corner” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, the streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. (See following diagram.)
“Lot depth” means the distance measured perpendicularly between the midpoint of the front property line and the rear property line. Where the configuration of a lot prevents measurement of the lot depth pursuant to this requirement, the lot depth shall be the longest possible straight-line distance measured perpendicular from a point on the front lot line towards the rear lot line. (See following diagram.)
“Lot, flag” means an interior parcel not having direct frontage to a public road or street, except for a narrow portion capable of being used solely for access purposes. The flag stem portion of the lot
shall not be used for the purpose of meeting required yard setbacks or in the calculation of lot depth or net lot area. (See diagram under “Lot, corner.”)
“Lot, interior” means a lot, other than a corner lot, bounded by other lots and/or a street. (See diagram under “Lot, corner.”)
“Lot line, front” means, in the case of an interior lot, the lot line separating the lot from the street, edge of pavement or street right-of-way. In the case of a corner lot, the shorter street frontage shall constitute the front lot line, with the remaining portion of the lot with street frontage treated as secondary frontage for setback purposes. (See following diagram.)
“Lot line, rear” means the lot line typically and approximately parallel to and most distant from the front lot line. (See diagram under “Lot line, front.”)
“Lot line, side” means a lot line other than a front or rear lot line, typically and approximately perpendicular to a front and rear lot line. (See diagram under “Lot line, front.”)
“Lot lines” means the property lines bounding a lot.
“Lot size, minimum” means the minimum amount of net lot area required under this title.
“Lot, through” means a lot having frontage on two dedicated parallel or approximately parallel streets.
“Lot width” means the horizontal distance between the side lot lines measured perpendicular to the depth of the lot at a point midway in the building envelope (the area between the required front and rear yard setback lines). Where the configuration of a lot prevents measurement pursuant to this requirement, the community development director shall determine the lot width. (See diagram under “Lot depth.”)
“Manufactured home” means any structure transportable in one or more sections, which, in the traveling mode is eight body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirement and with respect to which the manufacturer voluntarily files a certification and complies with the standards established in the Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. Sec. 5401, et seq.).
“Marquee sign” means a sign which is suspended below a canopy or covered walkway and which projects perpendicular to the building or structure wall.
“Medical cannabis” means cannabis, as defined herein, that is intended for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section 11362.5.
“Medical marijuana dispensary” means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a qualified patient, (2) a person with an identification card, or (3) a primary caregiver. All three of these terms are defined in strict accordance with California Health and Safety Code Section 11362.5 et seq. A medical marijuana dispensary is further defined as any place, location, building or establishment where medical cannabis is traded, exchanged, sold, or distributed which would otherwise require a business license, home occupation permit or any other use permit to conduct similar type activities. Unless otherwise regulated by this code or applicable law, a “medical marijuana dispensary” shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with both applicable federal or state law, including, but not limited to, Health and Safety Code Section 11362.5 et seq. Currently, medical marijuana dispensaries are prohibited from opening and operating within any zone in the city of Winters. At such time as both federal and state law change to allow the operation of medical marijuana dispensaries, such dispensaries shall be then allowed only in a zone district designated for medical offices and only if consistent with the applicable provisions of this code and federal and state law.
“Ministerial” means an action or decision by the city involving little or no personal judgment by city staff as to the wisdom or manner of carrying out a project. Approval of a ministerial project merely requires application of the law, usually involving fixed standards or objective measurements.
“Mitigation monitoring and reporting program (MMRP)” or “program” means a comprehensive program adopted by the approving body prior to project approval pursuant to Public Resources Code Section 21081.6 and this title to ensure compliance with adopted or required changes to mitigate or avoid significant environmental effects.
“Mobile sign” means a sign which is designed to be moved or capable of being moved and not intended for permanent installation.
“Mobilehome” means any standard make of trailer constructed and equipped in such a manner as to permit permanent occupancy thereof as living quarters for a family unit. In general, any trailer over twenty-five (25) feet in length may be considered a mobilehome; provided, that such trailer complies with all applicable laws and regulations controlling the design, construction, equipment or occupancy thereto. Mobilehomes are considered structures for the purpose of this chapter when they are parked in a mobilehome park. Small mobilehomes or trailers are defined as being five hundred (500) square feet or less in size, average mobilehomes or trailers as being five hundred one (501) to one thousand (1,000) square feet in size, and large mobilehomes or trailers as being more than one thousand (1,000) square feet in size.
“Monitoring” means the function of implementing the MMRP by the city through the environmental coordinator.
“Nonconforming sign” means a sign which was lawful when erected but which does not presently conform to this title.
“Nonconforming use” means any use of land, buildings or structures which was lawful when established but which does not conform to subsequently established zoning regulations.
“Off-premises sign” means a sign which provides directions to general places, destinations and collections of uses.
“Official plan line” or “future right-of-way” means an officially established line defining the outer boundaries within which a public road right-of-way may be widened, constructed or extended and within which the construction of structures may be prohibited.
“On-premises sign” means a sign located on the same site as the specific business, product, use, etc., it advertises.
“Open space” means land which is available for outdoor recreational activities, passively or actively, for public or private use.
“Outdoor storage” means the stocking, parking, stacking or holding of goods, materials or equipment in the open or in a partially closed structure.
“Owner” means the person or persons holding legal title to, or recorded contract of purchase of, the property in question.
“Parking, primary” means use of a parcel or lot exclusively for the temporary, daily or overnight off-street parking of passenger vehicles, whether as a public or private parking area, as necessary to serve some use on a separate legal parcel.
“Parking space” means an off-street covered or uncovered area for the parking of a motor vehicle.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to an entrance of an ADU or JADU.
“Paved” means an area which has been drained, graded, compacted, provided with adequate base and surfaced with asphaltic concrete at least two inches thick, or equivalent, as determined by the city engineer, so as to provide a sufficient durable surface to render the area usable for the purpose specified under all normal weather conditions.
“Person” means any individual, firm, association, partnership, joint venture, corporation or other entity, public or private in nature, including an instrumentality of this state or any political subdivisions of this state including the city; “person” shall also include any office, employee or agent of any of the foregoing.
“Planning commission” means a group of persons appointed or assigned by the city council to administer the general plan and the zoning ordinance; in this title the planning commission of Winters.
“Planning director” means the director of the community development and building department for the city.
“Principal residence” means the primary dwelling unit located on a residential lot that includes a secondary housing unit.
“Production housing” means construction of six or more single-family residential units, where a set of base construction plans are utilized for more than one residence.
“Program completion certificate” means a certificate issued by the environmental coordinator to certify completion of all or a designated phase of an adopted MMRP.
“Project” means any private or public agency project as defined in CEQA found at Public Resources Code Section 21000 et seq.
“Projecting sign” means a sign, other than a wall or marquee sign, which is suspended from or supported by a building and which projects outward at a perpendicular angle.
“Public transit” means a location, including, but not limited to, a bus stop, subway or train station, where the public may access buses, trains, subways and other forms of transportation that charge set fares, run fixed routes.
“Recreational vehicle” means any trailer, motor home, camper or similar vehicle designed and intended for sleeping, traveling and recreational purposes.
“Remodel” means the alteration of all or a portion of an existing structure or building. Remodeling does not include the enclosure or construction of new building or structure square footage. (See also “Demolition.”)
“Reporting” means the obligation of the applicant/developer to file periodic written reports on the status of mitigation/implementation under a project MMRP.
“Setback” means the required minimum distance that a building or structure must be located from a lot line, existing or proposed street or alley right-of-way or edge of pavement, whichever setback line may encroach furthest onto a lot.
“Setback, front” means the minimum distance a building or structure must be set back from the front lot line.
“Setback line” means a line established by the provisions of this title to govern the placement of buildings or structures on a lot.
“Setback, rear” means the minimum distance a building or structure must be set back from a rear lot line.
“Setback, side” means the minimum distance a building or structure must be set back from a side lot line.
“Sign” means a writing, graphic (including colored background, pictorial representation, logo, trademark, symbol or banner) or any other figure of whatever material which is used to identify, announce, direct attention to, advertise or communicate a message, including standardized corporate and franchise graphic. “Sign” includes a sign structure except that the structure is not measured for purposes of determining sign area or height.
“Sign area” means the area in square feet of the smallest rectangle enclosing the total exterior surface of a sign. A double-faced sign shall be considered as a single-face sign for the purposes of determining sign area.
“Sign height” means the greatest distance between the top of the actual sign face and the final grade directly below it.
“Site coverage” means the percentage of a lot or site collectively covered by a roof, solid-surfaced deck or patio, fifty (50) percent of the paved driveway directly serving a garage, additional parking areas, sports court or similar impervious improvements.
“Stable” means a detached accessory building for the shelter of horses or similar hoofed animals.
“Stationary food vendor” means any person, including an agent or employee of another, who sells or offers to sell food or beverages from a motor vehicle located on private property for more than four hours in a single day.
“Street line (right-of-way)” means the boundary between an existing or proposed street right-of-way and abutting property.
“Structure” means anything constructed or erected, the use of which requires a location on the ground, excluding swimming pools, driveways, patios or decks (where the driveway, patio or deck is not more than thirty (30) inches above final grade at any point), fences not exceeding a height of six feet and retaining walls which do not exceed a height of three feet, measured from the bottom of the wall where it intersects final grade to the top of the wall. See also “Building.”
“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
“Temporary sign” means a sign which conforms to this title and is intended only for a short period of use as specified in this title.
“Trailer,” including “camp trailer” or “travel trailer” means any vehicle constructed in such a manner as to permit temporary occupancy thereof as sleeping quarters, i.e., camp trailer, or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is mounted on wheels and may be used as a conveyance on highways and streets propelled or drawn by other motive power. Camp trailers are considered structures for the purposes of this chapter when they are parked in a trailer camp or park.
“Trailer camp,” “trailer park” or “mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more trailers or mobilehomes used for any of the residential purposes set forth under the definition of “trailer” including “camp trailer” or “travel trailer.”
“Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement of whatever nature, for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel/motel shall be deemed to be a transient if his or her actual total period of occupancy does not exceed thirty (30) days. Unless days of occupancy or entitlement are consecutive without break, then prior or subsequent periods of such occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds the stated thirty (30) calendar days.
“Unreasonable delay” means the delay of thirty (30) days or more by the applicant in providing requested information and/or required submittals, or failure to meet any of the time periods specified herein, or any time period as set by staff.
“Use” means the purpose for which either land or structure thereon is designed, arranged or intended, or which the land or structure thereon is or may be occupied or maintained.
“Use, conditional” means use of land or structures thereon which requires approval of a conditional use permit by the planning commission or zoning administrator as indicated on the land use/zoning matrix.
“Use, principal permitted” means the primary or main use of land or a main building, which use is compatible with the purpose of the zone. If a use is listed in a specific zone as a principal permitted use, it means that the owner, lessee or other person who has a legal right to use the land has a vested right to conduct the principal permitted use without securing special permission therein, as are generally applied to all uses in the zone.
“Utility services, essential” means the erection, construction, alteration or maintenance of minor public utilities such as minor underground or overhead gas, electrical, steam or other transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for furnishing adequate services by such public utilities or municipal or other governmental agencies, or for the public health, safety or general welfare.
“Utility services, major” means large-scale public utilities typically requiring substantial commitment of land and/or having the potential of creating impacts on the surrounding area, such as sewer treatment plants, electrical substations and water storage/reservoirs.
“Wall sign” means a sign which is erected, printed, painted, incorporated into, suspended from or otherwise affixed to a wall, awning, canopy, overhang or covered walkway of a building or structure in an essentially flat position or with the exposed face of the sign in a location parallel to the plane of the wall.
“Window sign” means a sign erected on a building window or a sign located indoors and within three feet of a window or building opening which is clearly visible and readable from a street or public place.
“Withdrawn” means the status of an application after an unreasonable delay has occurred.
“Yard” means an open space on the same site with a building, created by minimum setback requirements or which open space is unoccupied and unobstructed by buildings or structures from the ground upward and excluding therefrom any portion of any street, alley or road right-of-way.
“Yard, front” means the area extending across the full width of the front of the lot measured from the front lot line, right-of-way line or edge of pavement (whichever encroaches furthest into a lot), to the required front yard setback line, measured perpendicular to the front lot line. The front yard of a corner lot means the yard adjacent to the shorter street frontage. (See diagram under “Lot line, front.”)
“Yard, rear” means the area extending across the full width of the rear of the lot measured from the rear lot line to the required rear yard setback line, measured perpendicular to the rear lot line. The rear yard of a corner lot shall extend only to the side yard adjacent to the street (also rear setback). (See diagram under “Lot line, front.”)
“Yard, side” means the area extending between the side lot line and the required side yard setback line, and located between the front yard and the rear yard of the lot. (See diagram under “Lot line, front.”)
“Zone” means a portion of the territory in the city within which territory certain uniform regulations and requirements or various combinations thereof, apply pursuant to this title. “Zone” includes the word “district.” (Ord. 2022-09 § 2; Ord. 2020-01 § 3(a); Ord. 2018-06 § 3(b) (part); Ord. 2017-07 § 3; Ord. 2017-01 § 3 (part); Ord. 2016-10 § 3 (part); Ord. 2016-04 § 3; Ord. 2015-04 § 3; Ord. 2012-08 § 3; Ord. 2011-09 § 3 (part); Ord. 2011-07 § 3; Ord. 2011-05 § 4; editorially amended during 2003 codification; Ord. 2003-04 § 21; Ord. 2001-06 § 1; Ord. 93-07 § 2 (part): prior code §§ 8-1.2101, 8-1.2102)