Chapter 17.04
GENERAL PROVISIONS AND DEFINITIONS
Sections:
17.04.010 Short title and citation.
17.04.020 Purpose.
17.04.030 Nature of the zoning ordinance.
17.04.040 Compliance generally.
17.04.050 Permits, approvals and licenses to conform to code.
17.04.060 Interpretation.
17.04.070 Rules governing use of zoning map and symbols.
17.04.080 Principles and standards of the zoning ordinance.
17.04.090 Relationship to the general plan.
17.04.100 Cultivated agricultural use within established zoning districts.
17.04.110 Determination of violation.
17.04.120 Violation—Penalty.
17.04.130 Issuance of stop orders.
17.04.140 Administrative enforcement proceedings.
17.04.150 Remedies are cumulative.
17.04.160 Definitions.
17.04.010 Short title and citation.
These regulations, Title 17 of the St. Helena Municipal Code, shall be known and may be cited as the “Zoning Ordinance of the City of St. Helena” or “zoning ordinance.” (Ord. 02-6 § 1: prior code § 27.1)
17.04.020 Purpose.
The purpose of this title, the zoning ordinance, is to:
A. Protect and promote the public health, safety, morals, peace, prosperity and general welfare;
B. Encourage orderly, compatible and beneficial uses of land;
C. Minimize conflicts which might result from incompatible and inappropriate land uses;
D. Maintain and enhance the desirable character of the city and its various neighborhoods and areas;
E. Lessen congestion on streets;
F. Prevent and lessen the human and property loss resulting from fires;
G. Facilitate the provision of adequate community facilities such as schools, parks, streets, fire protection and other public requirements;
H. Provide open space for light and air;
I. Protect agricultural soils, vegetation, wildlife and other natural resources from incompatible and deleterious activities;
J. Preserve, protect and enhance the environment of the city;
K. Provide for a variety of housing types and housing opportunities; and
L. Otherwise promote the general community welfare in accord with the general plan of the city. (Prior code § 27.2)
17.04.030 Nature of the zoning ordinance.
The zoning ordinance of the city consists of a map depicting the various districts and a set of regulations controlling uses, locations, height, bulk, open spaces, appearance of certain buildings and structures, dimensions of lots, densities of certain developments, on-site parking, conservation and utilization of natural resources, protection of environmental resources, together with procedures for these regulations. (Prior code § 27.3)
17.04.040 Compliance generally.
A. Except as otherwise provided by this title, no use shall be commenced on or in any land, building, or premises unless the use is either a permitted or conditional use for the zoning district in which the use is to be located and, if listed as a conditional use, unless the required use permit has been received. No use shall be commenced or maintained except in accordance with the regulations for the zoning district in which the use is or will be located and the use is in conformance with the conditions, mitigation measures, and project description of each required permit, approval, clearance or agreement.
B. No building or structure shall be erected, remodeled, enlarged, rebuilt, or moved, except in conformity with the regulations for the zoning district in which the building or structure is or will be located, and in conformity with the conditions, mitigation measures and project description of each required permit, approval, clearance or agreement.
C. Where conflict occurs between the regulations of this title and the building code or other regulations effective within the city, the more restrictive regulation shall apply except in areas of building and site design where the design review provisions shall apply.
D. Except as otherwise authorized by the city council, the city shall not process any application for a permit, approval or clearance that is sought pursuant to this title (including, without limitation, a use permit, variance, zoning amendment, or general plan amendment) for any property found in violation of this title until the violation is corrected. (Prior code § 27.455)
17.04.050 Permits, approvals and licenses to conform to code.
A. All departments, officials and public employees of the city vested with the duty or authority to issue permits, approvals, clearances, or licenses shall conform to the provisions of this code and shall issue no such permit, approval, clearance, or license for uses, buildings, or any purposes where the same would be in conflict with the provisions of this code. Such permit, approval, clearance, or license, if issued in conflict with the provisions of this code, shall be null and void.
B. Except as otherwise authorized by the city council, the city shall refuse to issue any permit, approval, or clearance that is sought pursuant to this title, including zoning clearance for a building permit or a home occupation permit where the existing or proposed use, building or structure has been found to be in violation of this code. (Prior code § 27.456)
17.04.060 Interpretation.
No matter how carefully constructed, the zoning ordinance will require interpretation in its day-to-day administration. In adopting the zoning ordinance it is the intent of the city to interpret and administer the zoning ordinance in a reasonable fashion consistent with the public interest of the residents of the city. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements guided by the following:
A. Where this title imposes a greater restriction than is imposed or required by other rules, regulations or ordinances the provisions of this title shall control.
B. Where provisions of this title are in conflict, the more specific regulations shall apply over the more general; where provisions of this title remain in conflict, the more restrictive provisions shall apply. (Prior code § 27.4)
17.04.070 Rules governing use of zoning map and symbols.
Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:
A. Where such boundaries are indicated as approximately following property, street or alley, such lines shall be construed to be such boundaries.
B. In unsubdivided property and where a district boundary divides a lot, the location of such boundaries, unless the same are indicated by dimensions, shall be determined by use of the scale appearing on the zoning map.
C. A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.
D. Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacant or abandoned street or alley.
E. Where one land ownership is divided by a district boundary the total ownership may be placed in either district by approval of a variance application. (Prior code § 27.5)
17.04.080 Principles and standards of the zoning ordinance.
The zoning ordinance is based on the general plan of the city and has been prepared in accordance with the following principles and standards:
A. The zoning ordinance is based on the general plan of the city.
B. Each principal zone is exclusive with respect to every other zone in order to protect all uses from other uses which are unrelated or incompatible.
C. Site area, setback, yard, use and other development and design standards contained in the zoning ordinance are based on contemporary planning practices.
D. Certain uses which may by their nature or location adversely affect nearby uses unless designed, situated in specific locations or operated in a particular manner shall be permitted only as conditional uses subject to the review and approval of the planning commission. Conditions for the design, location and operation of such uses may be specified by the planning commission as appropriate.
E. This title includes procedures for the review and approval of large scale, integrated, mixed use or other innovative projects. (Prior code § 27.5)
17.04.090 Relationship to the general plan.
A. It is the policy of the city as expressed in the general plan that the zoning ordinance be consistent with the general plan. For this purpose consistency is achieved when the various land uses authorized by this title are compatible with the objectives, policies, general land uses and programs specified in the general plan.
B. In accord with this policy, the zoning ordinance is intended to implement the general plan of the city as expressed in the text, maps and diagrams of all elements of the general plan taken together. In determining consistency, the compatibility and timing of proposed developments and other uses of land shall be considered pursuant to the policies of the general plan.
C. This title recognizes the supremacy of the general plan. If an inconsistency between the zoning ordinance and the general plan should for whatever reason arise, the general plan shall prevail over the zoning ordinance; the city, shall, in good faith, make every effort to resolve the inconsistency within a reasonable period of time. Any amendment of this title shall be consistent with the general plan. (Prior code § 27.7)
17.04.100 Cultivated agricultural use within established zoning districts.
It is the policy of the city as expressed in the general plan to recognize and provide for cultivated agriculture within the city limits. Cultivated agricultural uses are permitted within the A-20 zoning district and regulated by use permit in the woodlands and watershed zoning district. It is the intent of the city to allow cultivated agricultural uses including, but not limited to, farming, horticulture, floriculture and viticulture, but excluding animal husbandry and livestock farming, in all zoning districts within the urban limit line prior to establishment of urban land uses. Allowing cultivated agriculture within the urban limit line shall not compromise the long-term objective of providing for designated urban uses. Water used for cultivated agriculture shall be in conformance with Section 13.04.100 of this code. (Prior code § 27.8)
17.04.110 Determination of violation.
The city planner, fire chief, building official or other code enforcement official may conduct any investigation necessary to determine whether persons are complying with this title, including the terms, conditions, mitigation measures, or project descriptions incorporated into any permit, approval or clearance issued pursuant to this title. (Prior code § 27.457)
17.04.120 Violation—Penalty.
A. No person shall violate or fail to comply with any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title is unlawful and declared a public nuisance.
B. Any building set up, erected, built, or moved, and any use of property contrary to the provisions of this title, is unlawful and declared a public nuisance. The city may immediately commence any action or proceeding for the abatement, removal and enjoinment thereof pursuant to Chapter 1.12 of this code or state law.
C. Any persons, whether as principal, agent, employee or otherwise, violating any of the provisions of this title shall be guilty of an infraction, and upon conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00). Such persons shall be deemed guilty of a separate offense for each and every day, considered to be any time period within a day when a violation of this title is committed, continued or permitted by such person. (Prior code § 27.458)
17.04.130 Issuance of stop orders.
A. Whenever the city planner, fire chief, building official or other code enforcement official determines that a violation of this title exists, each such official is authorized to issue stop orders to prohibit further construction or use of any land, building, or premises which are in violation of this title. The stop order shall be served by posting a copy on the premises which is the location of the violation or which is the subject of the permit or approval issued by the city. In addition, a copy of such stop order shall be personally served on the owner or responsible person or mailed to the owner or responsible person at the address shown on the current planning department records or on the current records in the office of the Napa County assessor. Such order shall become effective immediately upon posting.
B. After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the city planner, fire chief, building inspector, or other code enforcement official to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the person serving the stop order.
C. Within ten (10) days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may appeal such order to the city council, which shall hold a hearing and make such decisions as may be appropriate in accordance with the provisions of Chapter 1.12 of this code.
D. The property owner and responsible person shall be liable for all processing costs, including attorney fees, incurred by the city in carrying out this section, pursuant to the procedures set forth in Section 17.08.190. (Prior code § 27.459)
17.04.140 Administrative enforcement proceedings.
Whenever the planning director or building official determines that a violation of this title exists or where the operation of a use is detrimental to the public health, safety or general welfare, such person may refer the matter to the planning commission for a public hearing for the revocation or modification of any permit, approval or clearance, or such determination or enforcement as may be appropriate under the circumstances. The following provisions shall be observed in the conduct of administrative enforcement proceedings:
A. Notice of any administrative enforcement hearing shall be given to the public in the same manner as generally provided for public hearings pursuant to Section 17.08.070.
B. Where an enforcement proceeding has been commenced by the city, the city has the burden of demonstrating that a violation has occurred or that the operation of the use is detrimental to the public health, safety or general welfare. Where the party against whom the enforcement proceeding has been directed raises a defense, such as a prior nonconforming use, that party has the burden of proving the defense.
C. Public hearings shall be conducted in the manner generally provided for public hearings.
D. If the planning commission determines that there has been a violation of this title or that the use has been conducted in such a way as to be detrimental to the public’s health, safety or welfare, the planning commission may make any order it deems appropriate under the circumstances, including the revocation or modification of permits or approvals previously issued and/or the referral of the matter to the city attorney for the initiation of any criminal or civil proceeding that may be deemed appropriate. Any action taken by the planning commission shall set forth the following:
1. The municipal code section, permits or approvals violated and/or a statement describing the detrimental effect found upon public health, safety or welfare;
2. The ultimate facts upon which the determination or violation and/or detrimental effect is based;
3. The action(s) ordered to be taken; and
4. In the event the planning commission chooses to modify a permit or approval, the modifications including any new conditions to be imposed to ensure that violation or the detrimental effect will cease and will not be repeated.
E. The acts and determination of the planning commission or designated hearing officer shall be appealable to the city council pursuant to the terms of Section 17.08.180.
F. The property owner and responsible person shall be liable for all processing costs, including attorney fees, incurred by the city in carrying out this section, pursuant to the procedures set forth in Section 17.08.190. (Prior code § 27.460)
17.04.150 Remedies are cumulative.
All remedies provided for herein shall be cumulative and not exclusive. In addition, the remedies set forth in Chapter 1.12 of this code are available. (Prior code § 27.461)
17.04.160 Definitions.
A. General.
Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this title. Words used in the present tense include the future, the singular number includes the plural, and the plural the singular; the word “used” includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used or occupied; the word “shall” is mandatory; the word “may” is permissive. Whenever any of the following terms is used, it shall mean the corresponding officer or designated representative, department, board or commission of the city.
B. Definitions.
The words below shall have the following definitions:
“Abut” means bordering on.
“Accessory dwelling unit” means a dwelling unit which is subordinate to the main single-family dwelling on a lot and which meets the requirements of Chapter 17.116. Accessory units are sometimes known as “second units” or “granny units.”
“Accessory use, building or structure” means a use, building or structure both subordinate to and incidental to the principal use, building or structure on the same lot.
“Addition” means a building or structure added to the original structure at some time after the completion of the original structure.
“Affordable” (as in affordable housing) means housing which is available for purchase or rent to households with median or below-median incomes based on standards established by the state of California using data provided by the United States Department of Housing and Urban Development.
“Agency” means an office or commercial establishment in which goods, materials or equipment is received for servicing, treatment or processing elsewhere.
“Agent (or owner)” means any authorized person acting for the property owner or applicant.
“Agriculture” means the use of the land for agriculture purposes, including farming, dairying, pasturage, agriculture, horticulture (including Christmas trees), floriculture, viticulture, apiaries and animal farms; but not including stockyards or the commercial feeding of garbage or offal to swine or other animals.
“Alley” means a public or private way or lane less than forty (40) feet in width which affords only secondary access to abutting property.
“Alteration” means any change, addition or modification in construction.
“Amendment” means a revision, addition, or deletion in the wording of this title, or the general plan; or a change in the zone classification or zoning district boundary upon the zoning map, or a change in the land use designation upon the general plan map.
“Animal” means any mammal, poultry, bird, reptile, fish or any other creature or any live vertebrate creature other than a human being.
“Animal farm” means any premises on which the primary use is the breeding, raising or maintaining of animals for sale or where the primary income from the premises is derived from the aforesaid occupation. For the purposes of this title, animals shall include cattle, horses, sheep, rabbits, poultry and the like, but not hogs.
“Annexation” means the addition of parcels into the city with a resulting change in the boundaries of the city.
Apartment. See “Dwelling, multiple-family” in this section.
“Applicant” means any person, firm, partnership, association, joint venture, corporation or any entity, combination of entities or consortium who seek approval of a city permit, license or other entitlement for use of property.
Application, complete. “Complete application” means an application shall be deemed complete when it contains all maps, drawings and other information requested by the planning department and, where necessary, an environmental assessment.
“Attic” means a room or space immediately below the roof of a building that is not habitable and is utilized only for storage. The area must be unconditioned, unfinished areas less than seven feet at its highest point with an average height not exceeding four feet.
“Automobile, truck trailer, recreation vehicle, mobilehome, motorcycle and boat sales” means an open or enclosed area used for the display, sale or rental of new or used automobiles, trucks, trailers, recreation vehicles, mobilehomes, motorcycles and boats in operable condition.
“Awning” means a roof-like cover that projects from the wall of a building, shielding a doorway or window from the elements.
“Back-on or side-on treatment” means a combination of landscaping, generally ten (10) feet wide and fencing, with a height generally greater than three and one-half feet and not exceeding six feet, that has received design review approval to be located in a required rear or side setback.
“Balcony” means a platform, enclosed by a parapet or railing, projecting from an exterior wall of a building.
“Bar” means a commercial establishment for the on-site sale and consumption of alcoholic beverages.
“Basement” means any floor level below the first story in a building in which the finished floor level directly above is less than four feet above finished grade on all sides. If the finished floor level directly above a basement is more than six feet above grade for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, as defined herein, at any point such basement shall be considered a story.
“Bed-and-breakfast inn” means a building which provides guests rooms and breakfast for guests and which is managed and occupied by the owner of the property.
“Bedroom” means any habitable room with no less than seventy (70) square feet of floor area and no dimension less than seven feet in a dwelling other than bathroom(s), kitchen, living and dining room. Unless specifically designed to exclude its use as a bedroom (e.g., no closet, enlarged entryway without doors, no windows open to the exterior, etc.), any den, study or other room meeting the above definition of a bedroom shall be considered a bedroom for the purpose of meeting the regulations and standards of the code.
“Block” means the collection of assessor’s parcels that share the same block number on the Napa County assessor’s map.
“Boat dock” means a landing pier for boats; a wharf; a structure supported by pilings or floats in such a manner as to allow free flow of water beneath it and on which any buildings constructed are incidental to the use of the structure as a wharf or landing pier.
“Branch bank” means a banking facility generally subsidiary to a central or headquarters bank. Such branch banks may or may not offer the full range of banking services; are located primarily for service and convenience to a particular neighborhood service area.
“Breezeway” means a roofed or trellised open passage with a minimum width of four feet connecting two buildings.
“Building” means a structure intended for any use or occupancy with substantial walls and roof.
“Building area” means the portion of a lot where the principal building can be located and does not include the setback(s) and yard(s) required by the zoning district in which the lot is located.
“Building coverage” means the land area covered by all buildings on a lot, including all projections except eaves.
“Building face” means the outer surface of a main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces.
Building, height of. “Height of building” means the vertical distance from “average grade,” as defined herein, to the highest point of the roof, ridge or parapet wall. In calculating the height of a stepped or terraced building, the height of each individual segment of the building shall first be calculated; the height of a stepped or terraced building is the height of the tallest segment of the building.
Building official, chief. “Chief building official” means the officer or other designated authority charged with the administration and enforcement of the building, housing, plumbing, electrical and related codes, as provided by the St. Helena Municipal Code.
“Building plane” means an imaginary flat surface measured from a property line which regulates the relationship between the height of a building or structure and the distance to a property line; used primarily to provide a buffer between residential and nonresidential uses or lower density residential from higher residential development. A building plane is described as a ratio between the horizontal or run (in feet) and vertical or rise (in feet) (e.g., a two to one slope (expressed as 2:1) shall mean two horizontal feet to one vertical foot).
Building, Principal or Building, Main. “Principal building” or “main building” means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is located.
“Building site” means the land area occupied by, or capable of being covered by, all structures permissible under this title.
“Bulk” means total volume as measured from the exterior surfaces of a building or structure.
“Bulk storage” means the storage of chemicals, petroleum products and other materials in aboveground containers for subsequent resale to distributors or retail dealers or outlets.
“Canopy” means a structural, ornamental roof-like appendage, freestanding or attached to a building, including roof overhangs, but excluding awnings or metallic hoods.
“Caretaker residence” means a building which is used as a residence by a security guard or caretaker of a use, which is located on or adjacent to the premises occupied by the use, and which is reasonably necessary to provide adequate security for the use.
“Carport” means a roofed structure providing space for the parking or storage of motor vehicles and open on one or more sides.
“Car wash” means a building or site, or portion thereof, designed and intended for washing motor vehicles; whether designed as a principal or an accessory use, and attended or unattended.
Center Line. See: “Street, center line of.”
Club, Private. “Private club” means a facility owned or operated by the members of an organization for living or recreational purposes, for the benefit of the members or their guests. The term includes country clubs, tennis and swim clubs, social clubs, athletic clubs, fraternal lodges, fraternity and sorority houses, and the like.
“Commercial or C-district” means any principal zoning district, which is primarily oriented toward commercial activities; this term shall include the BPO district.
Commission, Planning. “Planning commission” means the planning commission of the city of St. Helena.
“Community care facility” means any facility, place, or building which is maintained and operated to provide nonmedical residential care, day care, or home-finding agency services for children, adults or children and adults, including but not limited to the physically handicapped, mentally impaired or incompetent persons. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations.
“Conditional use” means a use, structure or other development for which a conditional use permit is required.
“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of real property together with a separate interest in space or a portion of such real property in a residential, industrial, or commercial building or such real property, such as an apartment, office or store.
“Congregate housing” means a type of housing for the elderly where meals are provided in communal dining facilities and which may include housekeeping, recreation and other services as a part of an overall package of services.
“Construction work” means any work for which a building permit is required, and also includes grading, landscaping and the erection, installation or painting of signs or public art.
“Contiguous” means bordering on (see: “Abut”).
“Convalescent hospital” means a type of hospital which provides bed care for persons suffering chronic illness, or convalescent care for patients who by reason of illness or physical infirmity, are unable to care for themselves properly.
“Cooperative” means a form of multiple ownership of real estate in which a corporation or business trust entity holds title to a property and grants occupancy rights to particular units to shareholders by shall mean of proprietary leases or similar arrangements.
Council, City. “City council” means the council of the city of St. Helena.
“Cupola” means a small, usually domed structure surmounting a roof for decorative purposes only. It does not contain flooring nor does it serve as a story.
“Day care facilities for children” means those facilities which provide nonmedical care to infants and preschool and school-aged children under eighteen (18) years of age during a portion of the day. This term includes infant centers, preschools and day care centers.
“De novo” means anew.
“Deck” means platform requiring ground supports usually extending from the main wall of the structure and used as exterior floor space.
“Deed restriction” means a restriction on the use of land set forth in the deed.
“Demolition” means the intentional removal of all or part of a building or structure when a building or structure is a designated historic landmark or located in a designated historic district. In all other areas of the city “demolition” means the intentional removal of all or part of a building or structure resulting in removal of more than fifty (50) percent of the exterior walls or removal of significant architectural features.
“Density bonus” means an increase in the number of dwelling units over the otherwise allowable residential density under the applicable zoning ordinance provisions.
“Distance between buildings” means the shortest horizontal distance between the walls of two buildings.
“District” means a portion of the territory of the city within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this title; includes zoning district and zone.
Drive, Access. “Access drive” means a paved way located outside of the public right-of-way that provides vehicular access between the public street and the required parking for one or more lots.
“Drive-in use” means an establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods including food, or be entertained while remaining in their motor vehicles is a drive-in use.
Drive-Through Use. See: “Drive-in use.”
Drive-up Window. See: “Drive-in use.”
Driveway, Residential. “Residential driveway” means a form of access drive consisting of a paved way which provides direct access from a public street or private street developed to city public street standards to an individual dwelling unit.
Duplex. See: “Dwelling, two-family.”
Dwelling, Attached. “Attached dwelling” means a single-family dwelling attached to one or more single-family dwellings by a common vertical wall.
Dwelling, Detached. “Detached dwelling” means a single-family dwelling which is not attached to any other dwelling by any means.
Dwelling, Group. “Group dwelling” means a group of two or more detached buildings, each of which contains one dwelling unit, located on a single lot in one ownership.
Dwelling, Multiple-Family. “Multiple-family dwelling” means a multiple-family dwelling which is designed or used exclusively as a residence, including four or more separate dwelling units or any combination of dwelling units.
Dwelling, Single-Family. “Single-family dwelling” means a single-family dwelling, including a mobilehome constructed to meet 1976 HUD standards, when placed on a permanent foundation, which is designed or used exclusively as a residence, including only one dwelling unit.
Dwelling, Three-Family (Triplex). “Three-family dwelling (triplex)” means a three-family dwelling or triplex which is designed or used exclusively as a residence, including three separate dwelling units.
Dwelling, Townhouse. “Townhouse dwelling” means a single dwelling unit in a townhouse group, located or capable of being located on a separate lot; and being separated from the adjoining dwelling unit by an approved wall, extending from the foundation through the roof and structurally independent of the corresponding wall of the adjoining unit.
Dwelling, Two-Family (Duplex). “Two-family dwelling (duplex)” means a two-family dwelling or duplex which is designed or used exclusively as a residence, including two separate dwelling units.”
“Dwelling unit” means:
A building or portion of a building including one or more rooms which is designed or used as a residence for one family or housekeeping unit with facilities for living, sleeping, cooking and dining.
In determining the number of units in a particular building or group of buildings, the city shall consider and weigh any or all of the following factors: the design of any building, including the internal floor plan and the availability of access between various parts of the building; the fixtures and furnishings installed or capable of being installed; the number and types of different rooms (including their actual or potential uses); the size of any building; the number of families or housekeeping units actually or capable of occupying the building; the location of the building; the number and location of primary entrances to the building; and any other factor that may be relevant. In making this determination with respect to proposed new uses, the city shall give primary consideration to design-related factors. In making this determination with respect to existing uses, the city may give primary consideration to the number of families actually using the premises, or to design-related factors, or to both, as may be appropriate under the circumstances. No building shall be deemed to be a dwelling with a fewer number of units based on its actual use if the design-related factors indicate that it has a greater number of units.
Dwelling Unit, Studio. “Studio dwelling unit” means any habitable room having cooking facilities and intended or designed to be used for combined living, dining and sleeping purposes.
“Easement” means a limited right of one person or class of persons to use real property owned or occupied by another, which right is described specifically as to location and entitlement to use.
“Eave” means the projecting lower edges of a roof overhanging the wall of a building.
“Educational use” means any use devoted to education and learning, whether it be public, private, commercial or non-commercial.
“Enlargement” means an increase in the size of an existing building or structure or an increase in the physical area occupied by a use of land.
“Erect” means to erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, or display. Normal maintenance, including refinishing, is not included in this definition.
Erosion, Soil. “Soil erosion” means the detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.
“Extended care facility” means a long-term care facility or a distinct part of a facility approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
“Factory built housing” means a residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site, in accordance with regulations adopted by the Commission of Housing and Community Development of the state of California pursuant to Section 19990 et. seq. of the Health and Safety Code of the state of California.
“Family” means any of the following groups living together in the same dwelling unit as a single housekeeping unit:
1. Any number of persons related by blood, marriage or legal adoption;
2. A nuclear family identified by extended cohabitation;
3. A group not exceeding five persons whose interpersonal relationships relating to shared household expenses, duties and private lives are indistinguishable from groups listed in subsections 1 and 2 above.
“Family day care home” means a community care facility which is the family residence of the person operating the facility, in which the operator regularly provides care, protection and supervision to a child or children, other than the operator’s own children, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. (See 22 California Administrative Code Section 86001 and California Health and Safety Code Section 1501.)
“Farm labor housing” means an area or place containing living quarters including dwellings, tents, bunkhouses, trailer coaches or other housing accommodations and any accessory dining, sanitary or recreational facilities, maintained by a labor contractor for the housing of farm laborers, for hire for work off the site.
“Farmer’s market” means an outdoor, seasonal, one-day per week market at which farmers sell their own produce.
“Fault hazard zone, earthquake or seismic” means areas of land along and adjacent to a break or fracture in rock strata that may be subject to dislocation or damage.
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors.
“Fence” means a barrier enclosing or defining an area, as separating or screening areas, usually made of posts and wires or wood and including walls or like structures.
Filling Station. “See: “Service station.”
“Final inspection” means an inspection performed by the building division of the city planning department to verify completion of the project per approved plans; a precondition to occupancy.
“Flag lot” (also known as a “panhandle lot”) means a lot which has less than the minimum required frontage on a public or private street, is connected to a public or private street by a narrow strip of land and has the largest portion of the lot situated behind adjoining lots which front on the same public or private street.
“Flea market” means an occasional or periodic selling of goods held in an open area or structure where groups of individual sellers offer new and used goods for sale to the public.
“Floor area” means the sum of the gross horizontal floor areas of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings. In cases where no walls exist, the gross horizontal floor area shall be that area covered by the roof excluding two feet on each side of the structure for a standard roof projection.
“Floor area ratio (F.A.R.)” means the ratio of building gross floor area divided by net parcel area. For example, one building (or a group of buildings) with a total of twenty thousand (20,000) square feet of floor area on a forty thousand (40,000) square foot lot would translate to a 0.50 F.A.R.
“Foster family home” means a residential facility which is the family residence of the persons operating the facility, in which twenty-four (24) hour care and supervision are provided for not more than six foster children exclusive of the operator’s own children (see: 22 California Administrative Code Section 85023 and Health and Safety Code Section 1502).
“Fractional ownership hotel” means a hotel of forty (40) rooms or more in which seventy-five percent (75%) of the rooms of the hotel may be made available to individuals as “time-share estates,” which is defined as a time-share interest, which is the right to occupy a time-share property, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof, pursuant to Section 11212(x)1 of the California Business and Professions Code, and subject to obtaining permission required to do so obtained from the California Department of Real Estate.
“Frontage” means that portion of a building or lot facing on a street, place or way.
“Full service automobile service stations” means full service gasoline stations offering gas, air, water, oil, window-washing performed by a service station attendant in addition to the range of services and products found in conjunction with a service station (see: “Self-service gasoline station” and “Service station”).
Garage, Motor Vehicle Repair. “Motor vehicle repair garage” means a building or structure or portion thereof, used for the care, repair or refinishing of motor vehicles or trailers.
Garage, Private. “Private garage” means an accessory building or a portion of the principal building in which motor vehicles may be stored or kept.
Garage, Public. “Public garage” means a building or structure or portion thereof, used primarily for the parking and storage of vehicles and available to the public.
Gas Station. See: “Service station.”
“General plan” means the comprehensive, long-term plan for the orderly physical development of the land and the preservation of open space in the city according to Section 653009 et seq. of the California Government Code. The plan is an integrated, internally consistent and compatible statement of land use policies, consisting of maps and texts stating principles, standards, proposals and objectives as contained in the area plans, required elements or other permitted elements.
“Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
Grade. See: “Slope.”
Grade, Average. “Average grade” means the average of the finished ground level (finished grade, as defined herein) at the outermost corners of a building (or building segments of stepped or terraced buildings (see: “Building, height of”).
Grade, Finished. “Finished grade” means the elevation of the ground surface in its final state, after manmade alterations.
Grade, Natural. “Natural grade” means the elevation of the ground surface in its natural state, before manmade alterations.
Gradient. See: “Slope.”
Group Dwelling. See: “Dwelling, group.”
“Guest house” means an accessory building or portion of an accessory building, used for living quarters, which is clearly subordinate and incidental to the principal building(s) on the same lot, without facilities for cooking, and which is not separately rented, let or leased for direct or indirect compensation.
“Guest ranch” means a vacation resort, generally a farm or ranch, which derives all or part of its income from the use of its facilities by paying visitors or guests, and provides food, lodging and entertainment.
“Guest room” means any room or rooms used or intended to be used by a guest for sleeping purposes in a principal or detached accessory building, but without kitchen or cooking facilities.
“Habitable” means meeting the requirements of the California Administrative Code, Title 24, including but not limited to insulation, heating, ventilation and lighting (in relation to building construction).
“Height” is the maximum height of any segment of a building as measured from the average of the natural grade within five feet of the exterior wall of the building.
“Helipad” means a landing area for helicopters on public or private lands or buildings, for the picking up and discharging of passengers or freight.
“Home occupation” means an occupation conducted within a dwelling unit and/or accessory building on a residential property by the occupants thereof, which is incidental and secondary to the use of the dwelling for residential purposes.
“Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word.
“Hotel” means any building or portion thereof containing six or more guest rooms used or intended or designed to be used, let or hired out to be occupied or which are occupied by six or more guests, whether the compensation for hire be paid directly or indirectly in money, goods, ware, merchandise, labor or otherwise and shall include hotels, lodging and rooming houses, dormitories, public and private clubs and any such building of any nature whatsoever so occupied, designed or intended to be so occupied except jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint.
“Household pets” means small animals of the type generally accepted as pets, including dogs, cats, rabbits, domesticated pigs, pigeons, hens, and the like; but not including roosters, quacking ducks, geese, pea fowl, goats, hogs, apiaries, kennels, or the presence of animals for commercial purposes.
“Housing authority” means the Napa Valley housing authority.
“Housing costs” means the monthly mortgage principal and interest, property taxes, association fees, and required homeowner’s insurance, for ownership units and the monthly rent for rental units.
Housing unit. See: “Dwelling unit.”
“Industrial or I-district” means any principal zoning district, which is primarily oriented toward industrial activities.
“Industry” means those fields of economic activity including forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, electric, gas and sanitary services, warehousing and wholesale trade.
“Integrated commercial center” means two or more separate commercial businesses in one or more buildings, located on one or more lots characterized by common parking, access, function and appearance (see: “Shopping center”).
“Kennel” means any lot or premises or portion thereof on which dogs, cats and other household domestic animals are maintained, boarded, bred or cared for in return for compensation or kept for sale.
“Kitchen” means an area within any structure, including, but not limited to, dwelling units, equipped to allow the storage, cooking, refrigeration of food and/or intended for the preparation of food.
“Land disturbance” means any activity involving the clearing, cutting, excavating, filling or grading of land or any other activity which alters land topography or vegetative cover.
“Landscaping” means a use of land for permanent, planned ornamental planting and related structures.
“Large recycling center” means a recycling facility established either as an accessory use, five hundred (500) square feet or larger in size, or as a principal use, regardless of size, devoted exclusively to the collection of recyclable materials from the public. A large recycling center may include: mobile recycling units, reverse vending machines and groupings of reverse vending machines (including bulk reverse vending machines), kiosk type units (may be permanent), unattended containers placed for the donation of recyclable materials, and other types of mobile or permanent buildings and structures.
“Living quarters” means an accessory structure without kitchen facilities designed and used exclusively by persons and families employed on the premises.
“Lodging house” means a building, or portion thereof, other than a hotel, motel or bed and breakfast inn providing room and board or rooming only for compensation.
“Loft” means a floor space directly beneath the roof of a structure raised above the main floor. When the total area of such loft exceeds one-half of the floor area below the loft it shall be considered a story.
“Lot” means a piece or unit of land, occupied or intended to be occupied, or capable of being occupied, by a permitted principal building or structure, or a group of such buildings, structures and accessory buildings or structures, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title; having access from a dedicated, accepted and improved public street, plaza, mall, parking facility, or on a private street, which has been approved by the city council.
Lot, Corner. “Corner lot” means a lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
“Lot coverage” means the land area covered by all buildings or structures on a lot, including all projections except eaves. Decks or other structures with an elevation of eighteen (18) inches or less above finished grade shall not be considered as contributing to lot coverage.
“Lot depth” means the average horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two lot lines if there should be no rear lot line.
Lot, Interior. “Interior lot” means a lot other than a corner lot.
“Lot line” means the property line bounding the lot.
Lot Line, Front. “Front lot line” means the line separating the lot from a public or private street, or the line separating the principal access to the lot from a publicly owned plaza, mall or parking facility. In the case of a corner lot, the front line is the shorter of any two adjacent street lot lines.
Lot Line, Rear. “Rear lot line” means the lot line opposite to, and most distant from, the front lot line, other than a side lot line.
Lot Line, Side. “Side lot line” means any lot line, other than a front or rear lot line, which intersects a front lot line.
Lot of Record. See “Lot.”
Lot, Substandard. “Substandard lot” means any lot in any district with less than the minimum dimensions or area for the district in which it is located, unless the reduction is specifically authorized under the provisions of this title.
Lot, Through. “Through lot” means a lot having frontage on two parallel, or approximately parallel, streets.
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
“Manufacturing” means the establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling or component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.
“Marquee” means a structural flat roof structure attached to and supported by a building and projecting over public property.
“Marsh” means a low-lying tract of soft, wetland characterized by high water tables and extensive vegetation peculiar to and characteristic of wet places.
“Material change” means any exterior or interior alteration which requires a building permit and which will cause a change in the exterior appearance of a structure. This shall not include painting and ordinary maintenance.
“Medical clinic” means an establishment where patients are studied or treated by physicians specializing in various ailments. Also, a dispensary or out-patient department of a hospital.
Mezzanine. See “Loft.”
“Mixed use development” means the development of a tract of land or building or structure with two or more different uses such as, but not limited to: residential, office, manufacturing, retail, public or entertainment, in a relatively compact, integrated urban form.
“Mobilehome access drive” means a private thoroughfare which affords internal circulation for a mobile home park.
Mobilehome, Double Wide. “Double wide mobilehome” means a mobilehome built and transported on two or more separate chassis, designed to be joined at the location of use to form a single dwelling.
“Mobilehome park” means any lot or portion thereof which is used or offered for use as a location for two or more mobilehomes.
“Mobilehome park setback” means an area along the perimeter of a mobilehome park, suitably landscaped with plant materials, adequately maintained and equipped with sprinklers.
“Mobilehome space” means a plot of ground within a mobilehome park abutting one or more access drives, designed for the accommodation of one mobilehome.
“Mobilehome space setback” means an area along the perimeter of a mobilehome space in which the mobilehome or any structure shall not be located.
“Mobilehomes (manufactured home)” means a structure, transportable in one or more sections, which, in a travel mode, is eight feet or more in width, or forty (40) feet or more in length, or, when erected on site, is three hundred twenty (320) square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. A mobilehome is not built according to Uniform Building Code requirements.
“Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also shall mean the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
“Motel” means a building containing guest rooms or dwelling units, with the room or unit having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities are designed, used or intended to be used, rented or hired out for temporary or overnight accommodations for guests and are offered primarily to automobile tourists or transients. Motel includes an auto court, motor lodge and tourist court.
Motor court, motor hotel. See “Motel.”
“Motor vehicle” means any automobile, truck, or motorcycle.
Motor vehicle repair, major. “Major motor vehicle repair” means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender repair; overall painting.
Motor vehicle repair, minor. “Minor motor vehicle repair” means upholstering, replacement or adjustment of accessories and parts, (i.e., tires, batteries, mufflers, oil change, lube, tune up, etc.) and motor service to passenger cars and trucks not exceeding one and one-half ton capacity; but not including other operations defined under “Motor vehicle repair, major.”
Multiple-Family Dwelling. See “Dwelling, multiple-family.”
“Natural grade” means the elevation of the undisturbed natural surface of the ground adjoining a building or structure as determined by the site grading plan.
“Neighborhood” means an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools or social clubs, or boundaries defined by physical barriers such as major highways and railroads or natural features such as rivers. Where none of the conditions or characteristics described above apply a neighborhood is assumed to be the area within a radius of approximately one-half mile of a specified site.
“Net parcel area” means the total horizontal area included within the property lines of a parcel, excluding area within vehicular rights-of-way and vehicular easements.
“Nightclub” means a commercial establishment which serves alcoholic beverages for on-site consumption and which provides entertainment, whether live or mechanical as its principal use or as an adjunct use to another use; provided, however, that no such commercial establishment shall be considered a nightclub unless dancing by patrons occurs.
“Nonconforming building or structure” means a building or structure which was lawfully erected prior to the adoption of this title, but which, under this title, does not conform to the standards of coverage, yards, setbacks, height of buildings or structures, or distances between buildings or structures prescribed in the regulations for the district in which building or structure is located.
“Nonconforming lot” means a legally established lot which does not conform to the regulations regarding area, width, frontage or other such standard for the zoning district in which it is located because of rezoning, annexation or change in the regulations of the zoning ordinance, subdivision ordinance or Subdivision Map Act.
“Nonconforming use” means a use of a structure or land, which was lawfully established and maintained prior to the adoption of this title, but which, under this title, does not conform with the use regulations for the district in which it is located.
Nursery School. See “Day care facilities for children.”
“Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental disease, alcoholism or drug addiction.
“Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. A change of occupancy is not intended to include change of tenants or proprietors without an accompanying change of use.
“Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
“Office building” means a building used primarily for conducting the affairs of a business, profession, service, industry or government or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.
Open Space, Common. “Common open space” means land within or related to a development, not individually owned or dedicated for public use, which is designated and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary.
Open Space, Usable. “Usable open space” means outdoor area on the ground, roof, balcony, deck or porch which is designed and used for outdoor living or recreation. The term shall not include pedestrian access, required landscaped areas, on-site parking or driveway areas, nor shall more than twenty-five percent (25%) of the required open space be assigned to roof or private balcony areas, nor shall such area have a slope greater than ten percent (10%), or any dimension of less than ten (10) feet. The term may include private balconies with a minimum of twenty-four (24) square feet if their least dimension is four feet.
“Open storage” means the keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time.
“Overhang” means the part of a roof or wall which extends beyond the facade of a lower wall. “Overhang” also shall mean that portion of a vehicle extending beyond the wheel stops or curb.
“Owner” means a person, persons or corporation holding fee title to property within the city as shown on the most recent assessor’s role in the county of Napa.
“Parcel” means a lot or tract of land. “Parcel” or “assessor’s parcel” is also a term for a unit of land created and assigned a number by the Napa County assessor. Since assessor’s parcels are established for assessment purposes only, they are not necessarily lots of record.
“Parking” means the parking of a vehicle at the same approximate location for a period of seventy-two (72) hours or less.
“Parking area” means an open area for the same use as a private garage.
“Parking facility” means a site or a portion of a site, devoted to on-site parking of vehicles, including parking spaces, aisles, access drives and landscaped areas, and providing vehicular access to a public street. For the purpose of this title a site with five or more parking spaces situated contiguous to one another or in close proximity shall be considered a parking facility.
Parking lot. See “Parking facility.”
“Parking space” means a permanently surfaced area for vehicular parking and connected to a public street, alley or other public way by a permanently surfaced driveway or access or access drive. The zoning ordinance establishes several types of parking spaces depending upon the size of the vehicle and duration of the individual parking in the space. The specific size requirements for these types of parking spaces are contained in the Standard Specifications for Public Works, available from the St. Helena public works department.
Parking space, bicycle. “Bicycle parking space” means a permanent parking space designed for bicycles.
“Perimeter” means the boundaries or borders of a lot or lots if developed as a unit.
“Permitted use,” for the purpose of this title, means a permitted use in any district shall include any use listed as a principal permitted use or as an accessory use.
“Persons” means individual persons and any form of organization, including but not limited to sole proprietorships, partnerships, corporations, trusts and any other form of commercial or noncommercial enterprise; person applies to any person who is the owner, lessee, sublessee, manager of premises, to any other person who is in possession of or in charge of premises, and to any person who has management or supervisory authority or responsibility to direct construction work or any other activity or use taking place on premises.
“Planned development” means an area developed according to an approved planned development permit as a single entity and containing one or more buildings or structures.
“Planning department” means the planning department of the city.
“Planning director” means the director of the planning department of the city.
“Porch” means a roofed approach to a doorway usually extending from the exterior wall of the structure and requiring ground supports.
“Principal building” means the building or buildings in which is conducted the main use or uses of the lot on which it is located.
“Principal place of residence” means that address at which the owner spends the majority of nonworking time, receives the majority of personal mail, registers personal motor vehicles, claims as personal residence on income tax forms, claims a homeowner’s exemption on property taxes and (if applicable) registers to vote.
“Professional office” means the office maintained for the conduct of a profession.
“Projected ground area” means the area within a continuous line that completely encloses the exterior limits, including all projections, of an accessory building or structure. The projected ground area is measured on a plan view drawing of the proposed accessory building or structure included in the building plans.
“Public” means a land use or building open to the public, whether free or on a fee basis.
“Public hearing” means a meeting noticed as required by this title in which testimony and arguments are presented publicly before any of the hearing bodies established herein; city planning commission, city council, etc.
“Public recreation” means any recreational use that is not private.
“Publicly owned” means land or building owned or operated by a governmental or other public agency.
“Recreational trailer” means any camping trailer and any trailer designed for transporting boats, airplanes, motorcycles, horses or other livestock, tents and any other recreational equipment.
“Recreational vehicle” means any vehicular unit primarily designated as a temporary living quarters for recreational, camping or travel use and shall include busses, motor homes, truck campers, and camper shells.
“Recyclable material” means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(d)(4) of the California Health and Safety Code.
“Recyclable material processing center” means a building or enclosed space used for the collection and processing of recyclable materials. “Processing” means the preparation of materials for efficient shipment, or to an end-user’s specifications, by such shall mean as baling, briquetting, compacting flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
“Recycling facility” means a center for the collection and/or processing of recyclable materials. A “certified recycling facility” or “certified processor” means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
“Rehabilitate” means to improve a structure in order to correct a health and/or safety problem.
“Religious use” means a structure or place in which worship, ceremonies, rituals or education pertaining to a particular system of beliefs are held.
“Residential condominium project” means and includes a community apartment project, a condominium, a condominium project, a stock cooperative or a planned development as those terms are defined by California Civil Code Section 783, California Business and Professions Code, respectively. A residential condominium project does not mean or include:
1. Financing or leasing of apartments, offices, stores or store space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;
2. Mineral, oil or gas leases;
3. Land dedicated for cemetery purposes under the Health and Safety Code of the state of California.
“Residential density” means a computation expressing number of dwelling units per acre, based on the gross lot area prior to the dedication of any rights of way, public parks or other public areas.
“Residential facility” means any family home, group-care facility, or similar facility determined pursuant to state law, for twenty-four (24) hour nonmedical care of persons in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. All residential facilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to residential facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations.
“Residential or R-district” means any principal zoning district, which is primarily oriented toward residential activities.
“Rest home” means a private residence providing board and room as well as twenty-four (24) hour protective and personal care and services to ambulatory aged guests, assuming for them responsibilities which go beyond those customarily associated with a landlord-tenant relationship; and where bedside care is provided only for conditions determined by a physician to be temporary and minor. Such establishments do not provide individual cooking and eating facilities for the guests. The term does not include “nursing home” as defined herein.
“Restaurant” means a commercial establishment for the on-site sale and consumption of meals consisting of foodstuffs which have been prepared or packaged on the premises.
Restaurant, Carry-Out. “Carry-out restaurant” means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
“Retirement home or center” means multiple dwelling units containing not less than four dwelling units which are designated and intended to provide suitable living quarters and specialized services to elderly, or retired, ambulatory persons. These units are designed to serve elderly persons, and may include such special facilities and services as, but not limited to, communal cooking and eating areas, special dietary programs, wheelchair ramps, hallway handrails and other special features and programs intended to serve the needs of elderly, retired persons.
“Reverse vending machine” means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. A bulk reverse vending machine is a type of reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
Rezoning or Reclassification. See “Amendment.”
“Right-of-way” means a strip or area of land acquired by reservation, dedication, prescription or condemnation and is intended to be occupied or is occupied by a street, road or other similar public utility or use. The right-of-way includes the area behind the curb (i.e., planting strip, sidewalk and sometimes the area behind the sidewalk).
“Riparian” means of or pertaining to land and vegetation which is located adjacent to a natural or man-made water course or body of water.
“Roof” means the outside top covering of a building.
“Run with the land” means a covenant, restriction, permit or entitlement to the use of the land contained in a deed or other recorded instrument which is binding on the present and future owners of the property.
“Satellite antenna” means an antenna established to receive transmissions from satellites.
“Scientific use” means an industrial use devoted to research and development.
“Screening” means a method of visually shielding or obscuring one abutting or nearby structure or use from another or from the public right-of-way by fencing, walls, berms or densely planted vegetation.
“Second unit” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a single-family dwelling is situated. A second unit also includes the following:
1. An efficiency unit as defined in Section 17958.1 of the California Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Section 8 of the Housing and Urban Development Act of 1965" means a federal rent subsidy program (or its successors) in which eligible, very low-income and low-income households receive financial assistance to rent housing units.
“Self-service gasoline stations” are defined as stations providing fewer services for fewer products than full-service stations. See “Full service gasoline stations and service stations.”
“Servants’ quarters” means a secondary dwelling or apartment without any kitchen facilities designed for and used only by persons or families of persons regularly employed on the property.
“Service station” means a parcel of land, or any portion of a parcel of land, developed exclusively for the purpose of, and with facilities for, the sale of motor vehicle fuels; and which may also provide lubricants, tires, batteries, accessory items and other customary services for motor vehicles, the delivery of which is made directly to the vehicle. The servicing of motor vehicles shall be generally limited to lubrication, nonmechanical washing, the replacement of spark plugs, lamps, fan belts and batteries, the repair or replacement of tires and tubes; and minor motor vehicle repair. Major motor vehicle repair (engine rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender repair; over-all painting) is not permitted. For purposes of this title, the term shall also include gas station and accessory service station. See “Motor vehicle repair, major,” “Motor vehicle repair, minor,” “Service station, accessory.”
Service Station, Accessory: “Accessory service station” means a facility incidental and secondary to the primary land use, offering motor vehicle fuels for sale. The delivery of such fuel may be made directly to the vehicle by its operator.
Service Station, Pump Island. “Pump island service station” means a facility, generally a raised concrete apron, designed primarily to hold motor vehicle fuel dispensing devices, and separated from other pump islands by sufficient space for the maneuvering of an automobile.
“Setback” means the distance by which any use, building or structure is required to be removed from a property line contiguous to a public or private right-of-way (excluding alleys), except for such encroachments as are specifically permitted by this title.
Setback, Front. “Front setback” means the shortest horizontal distance by which any use, building or structure is required to be removed from the front lot line, except for such encroachments as are specifically permitted by this title. The front lot line is normally the shorter of any lot lines which border a street. See “Lot line, front.”
Setback, Rear. “Rear setback” means the shortest horizontal distance by which any use, building or structure is required to be removed from the rear lot line, except for such encroachments as specifically permitted by this title.
Setback, Side. “Side setback” means the shortest horizontal distance by which any use, building or structure is required to be removed from the side lot line on a corner lot which is contiguous with a street, except for such encroachments as are specifically permitted by this title. The side lot line is normally the longer of any lot lines which border a street. See “Lot line, side” and “Lot, corner.”
“Shopping center” means a type of integrated commercial center specifically designed for occupancy or occupied by a minimum of five separate uses devoted predominantly to retail and personal service activities which are characterized by common parking, access, function and appearance. Shopping centers may also include other nonretail uses (i.e., restaurants, real estate offices, travel agencies, law offices, etc.) when permitted by district regulations. See “Integrated commercial center.”
Side-On Treatment. See “Back-on or side-on treatment.”
Sign. See Chapter 17.148 for definitions and details.
“Site development plan” means a description of the development proposed in conjunction with a discretionary permit consisting, at a minimum, of a map and a written statement setting forth a unified, organized and internally coordinated overall development program, which at a minimum includes the location and arrangement of all proposed buildings, structures, signs, improvements and uses (if known) to be included in the development. Site development plans may include, but are not limited to, a legal description, a subdivision map, precise site and plot plans, architectural drawings, landscape plans, building plans, building elevations, studies and analysis of population, density, traffic, engineering, economic and social factors, community and environmental impact and the like. Site development plans shall be supplemented and accompanied by such other material and information as may be required to initiate actual development or construction.
“Slope” means the degree of deviation of a surface from the horizontal, usually expressed in percent, degrees or ratios. Slope is referenced or measured in the following ways:
1. Percent slope: the change in elevation or rise (in feet) divided by the horizontal distance or run (in feet) multiplied by one hundred (100) (e.g., 50 feet/480 feet x 100 = 10.5 percent).
2. Degrees: the angle of deviation from the horizontal which ranges from zero degrees for horizontal to ninety (90) degrees for vertical (e.g., a 50%slope is equal to 26.5 degrees).
3. Slope ratio: the ratio between the horizontal or run (in feet) and vertical or rise (in feet) (e.g., a three to one slope (expressed as 3:1) shall mean three horizontal feet to one vertical foot; a 100%slope is the same as a slope ratio of 1:1 and is the same as 45 degrees).
“Small lot development” is the subdivision of land into lots which are smaller than the minimum lot size of the zoning district, including but not limited to those specifically designed to accommodate zero lot line dwellings (detached single-family dwellings which abut a side lot line or two single-family dwellings attached at a common wall located on a side lot line) meeting the standards of Section 17.112.090 on property designated for low or medium density residential in the general plan when located on a public street developed to city standards (including right of way width) and when no open space, facilities or other real property is owned in common.
“Small recycling center” means a recycling facility established as an accessory use to a principal use, not exceeding five hundred (500) square feet in size, devoted exclusively to the collection of recyclable materials from the public. A small recycling center may include: mobile recycling units, reverse vending machines and groupings of reverse vending machines (including bulk reverse vending machines), kiosk type units (may be permanent), and unattended containers placed for the donation of recyclable materials.
“Specific plan” consistent with Government Code Section 65451 of state law, means a compilation of all ordinances, maps, regulations, documents or other descriptive materials, based on the general plan, setting forth in detail a plan or program for the effectuation of a particular element, or portion of an element, of the general plan; usually applied to a particular geographic area of a city or county.
Stable, Private. “Private stable” means any building, barn, corral or paddock used or designed to shelter or keep live-stock, as regulated herein.
Stable, Public or Riding. “Public or riding stable” means an establishment where livestock is kept, boarded, groomed or trained, rented for riding, or bred for profit, etc.
“Stock cooperative” is as defined in section 11003.2 of the Business and Professions Code of the state of California, containing two of more rights of exclusive occupancy.
“Storage” means the placement of material objects on a site for any period in excess of seven consecutive days or the parking of a vehicle in the same approximate location for a period of seventy-two (72) hours or more.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above; except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than six feet above “grade”, as defined herein, for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet above grade, at any point such basement shall be considered a story.
Story, Half. “Half-story” means a partial story under a gable, hip or gambrel roof, of which the wall plates of two opposite exterior walls are not more than four feet above the floor.
Street, Arterial. “Arterial street” means a street designed to serve high volume inter- and intra-city traffic and to act as a distributor between freeways, other thoroughfares and major traffic generators.
Street, Center Line of. “Center line of street” means the line drawn at points midway between the face of curbs of an improved street; or as determined by the city engineer, in the case of unimproved or partially improved streets.
Street, Collector. “Collector street” means a street which collects traffic from local streets and connects with arterials.
Street, Local. “Local street” means a street which provides direct access to abutting properties, primarily in residential districts.
Street, Private. “Private street” means a right-of-way or easement, approved by the city council, in private ownership, not dedicated or maintained as a public street, and not an alley, and which affords the principal shall mean of access to two or more sites. See “Drive, access.”
Street, Public. “Public street” means a way, the entire width of which is within a publicly owned right-of-way and which contains pedestrian, vehicular and utility improvements, facilities and appurtenances. The term shall include avenue, drive, road, circle, parkway, boulevard, highway, thoroughfare or any other similar term. Also any dedicated street accepted by the city for maintenance.
“Structural alterations” means any change in the supporting members of a building such as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters.
“Structure” means anything constructed or erected, except fences, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. (Note: All buildings are structures, but not all structures are buildings. See “Building.”)
“Subdivision” means the division, by any subdivider, or any unit or units of improved or unimproved land or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. The term subdivision includes a “condominium project”, as defined in Section 1350 of the Civil Code, a “community apartment project”, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwellings to a “stock cooperative”, as defined in Section 11003.2 of the Business and professions Code.
“Swimming pool” means every outdoor pool, lake or artificial body of water designed, constructed or used for swimming, dipping, or immersion purposes, and having a depth in excess of twenty-four (24) inches, or with a surface area exceeding one hundred (100) square feet.
“Theater” means a building or part of a building devoted to showing motion pictures or for dramatic, musical or live performances.
Townhouse. See “Dwelling, townhouse.”
Townhouse Group. See “Dwelling, townhouse group.”
“Trip ends” means the total of motor vehicle trips entering and leaving a specific land use or site over a designated period of time.
“Trip generation” means the average or typical number of trip ends produced by a specific land use or activity.
Triplex. See “Dwelling, three-family.”
“Unenclosed” means open on at least one side.
Use, Accessory. See “Accessory use or structure.”
Use Permit, Conditional. “Conditional use permit” means a permit issued by the planning commission authorizing the establishment of a conditional use.
Uses Permitted. See “Permitted use.”
“Vacancy rate” means the number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units.
“Variance” is the term applied to the procedure whereby the strict application of the provisions of this title relating to height, area, yard requirements or other requirements of this title may be modified in a particular instance. The term “variance” does not apply to a use modification.
“Vehicle” means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. The definition of vehicles includes motor vehicles, recreational vehicles, recreational trailers and boats.
“Veterinary clinic” means an infirmary for the treatment of animals not including overnight care.
“Veterinary hospital” means an establishment for the care and treatment of the disease and injuries of animals, where animals may be boarded during their convalescence.
“Video game center” means a commercial establishment which offers six or more electronic games for temporary hire as a form of entertainment.
“Visibility triangle” means, on a corner lot, the triangle formed by the street frontage lines extended to their intersection and a line connecting such lot line measured thirty-five (35) feet from their point of intersection.
“Wall” means the vertical exterior surface of a building; or the vertical interior surfaces which divide a building’s interior space into rooms.
“Warehouse” means a building used primarily for the storage of goods and materials.
“Water course” means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, water-way, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.
“Wetlands” means swamps, marshes or other areas characterized by wet soil conditions either permanently or seasonally which are important to sustaining wildlife.
Without Prejudice. When an application is denied without prejudice, it is meant as a declaration that no rights or privileges of the applicant are considered waived or lost with respect to the submittal or resubmittal of his or her application. Under these conditions, an application may be resubmitted at any time.
“Yard” means an open space established in relation to interior lot lines which is required under the provisions of this title, other than a court, on the same lot with a building, which open space shall be unoccupied and unobstructed from the ground to the sky, except for such encroachments as are specifically permitted in this title.
Yard, Rear. “Rear yard” means an open space extending the full width of an interior lot or from the interior side lot line to the side setback in the case of a corner lot, between the principal building and the rear lot line, measured perpendicular to the building to the closest point of the rear lot line. Such rear yard shall be unoccupied and unobstructed from the ground to the sky, except for such encroachments as are specifically permitted by this title.
Yard, Side. “Side yard” means an open space extending from the front setback to the rear yard, between the principal building and the adjacent interior side lot line, measured perpendicular to the building to the closest point of the adjacent exterior side lot line. Such side yard shall be unoccupied and unobstructed from the ground to the sky, except for such encroachments as are specifically permitted by this title.
“Zero lot line” means the location of a building on a lot line in such a manner that one or more of the building’s sides rest directly on a lot line. See “Small lot development.”
Zone. See “District.”
“Zoning map” means the officially adopted zoning map or maps of the city, together with all amendments subsequently adopted.
“Zoning ordinance” means Title 17 of the St. Helena Municipal Code consisting of the official adopted zoning map and text. (Ord. 10-4 § 4; Ord. 03-4 § 1; Ord. 02-6 § 18; Ord. 00-5 § 8; prior code § 27.466)