Sec. 26-08-010. - Permitted uses.
Permitted uses include the following:
(a)
On parcels exceeding two (2) acres, raising, feeding, maintaining and breeding of farm animals. When such farming involves
animals which are continuously confined, such as veal calves, poultry, hogs and pigs, dairy cows or similar livestock which
may result in concentrations of animal waste, the use shall be subject to issuance of a zoning permit based upon written approval
of the Sonoma County public health department and the applicable Regional Water Quality Control Board of a confined animal
management plan. Horses, goats, sheep, and similar farm animals are not considered to be confined animals for purposes of
this chapter. The plan shall include provisions for:
In the event that the confined animal use is proposed within five hundred feet (500′) of a nonagricultural land use category,
it shall require prior approval of a use permit;
(1)
Containment of waste to the site,
(2)
Reuse or disposal of waste in accordance with health and/or water quality regulations,
(3)
Mitigation of potential water quality impacts due to surface runoff of waste,
(b)
On parcels of two (2) acres or less, raising, feeding, maintaining and breeding of not more than one (1) of the following
per twenty thousand (20,000) square feet of area:
(1)
Five (5) hogs or pigs,
(2)
One (1) horse, mule, cow or steer,
(3)
Five (5) goats, sheep, or similar animals,
(4)
Fifty (50) chickens or similar fowl,
(5)
Fifty (50) ducks or geese or one hundred (100) rabbits or similar animals.
(6)
The above limitations may be modified by the planning director upon submittal of a proposal statement which describes the
extent of the domestic farming use and which is signed by the owners of all property within three hundred feet (300′) of the
subject property. The planning director may require the applicant to obtain a use permit if the director determines that the
project might be detrimental to surrounding uses.
(7)
4-H and FFA animal husbandry projects are permitted without limitation of parcel size; provided, that the parcel contains
at least twenty thousand (20,000) square feet and provided further, a letter of project authorization is first submitted by
the project advisor. The planning director may require the applicant to obtain a use permit when the director determines that
the project might be detrimental to surrounding uses;
(d)
The growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber
crops, including wholesale nurseries. Except as noted below, agricultural cultivation shall not be permitted in the following
areas:
Agricultural cultivation may be allowed as set out in subsections (d)(1) through (3) of this section upon approval of a management
plan which includes appropriate mitigations for potential erosion, bank stabilization and biotic impacts. This plan may be
approved by the planning director or by use permit pursuant to Section 26-08-020(a);
(1)
Within one hundred feet (100′) from the top of the bank of the Russian River Riparian Corridor,
(2)
Within fifty feet (50′) from the top of the bank of designated flatland riparian corridors,
(3)
Within twenty-five feet (25′) from the top of the bank of designated upland riparian corridors;
(e)
Agricultural support services involving no more than one (1) employee and occupying no more than one half (½) acre of land
and subject, at a minimum, to the criteria of general plan Policies AR-5c and AR-5d. Such services may include incidental
sales of products related to the support service use but shall not include additional walk-in, over-the-counter retail sales.
The following factors shall be considered in determining an agricultural support service to be "clearly subordinate to on-site
agricultural production" as provided in above Policy AR-5c:
(1)
The geographic area of the lot devoted to the support service use in comparison to that remaining in agricultural production,
(2)
Whether or not new structures or significant expansion of existing structures are needed to accommodate the support service
use,
(3)
The relative number of employees devoted to the support service use in comparison to that needed for agricultural production;
(f)
Incidental cleaning, grading, packing, polishing, sizing and similar preparation of crops which are grown on the site, but
not including agricultural processing;
(g)
Temporary or seasonal sales and promotion and incidental storage of crops which are grown or animals which are raised on the
site;
(h)
Residential uses include the following:
(1)
Single-family detached dwelling unit(s) in accordance with the residential density permitted by the general plan land use
element or permitted by a "B" combining district, whichever is more restrictive. These unit(s) may be manufactured homes,
but only one (1) may be a manufactured home without a permanent foundation.
A manufactured home without a permanent foundation shall require prior approval of a zoning permit notice of which shall be
posted at least ten (10) days prior to issuance, during which an appeal may be filed and processed pursuant to Section 26-92-040.
Issuance of the zoning permit shall be subject, at a minimum, to the following conditions:
(i)
The manufactured home shall be at least twelve feet (12′) in width except those that are owned and occupied on the effective
date of the ordinance codified in this chapter,
(ii)
The manufactured home shall be skirted. All skirting shall be of a type approved by the state of California,
(iii)
The manufactured home shall have one (1) patio awning with a minimum dimension of nine feet (9′) by twenty feet (20′) and
either a garage, carport, or awning with a minimum dimension of ten feet (10′) by twenty feet (20′) for covered parking,
(iv)
All manufactured home sites shall be landscaped, and
(v)
The manufactured home shall be occupied by the owner of the property or a relative of the owner,
(2)
One (1) dwelling unit for full-time agricultural employees for each of the following agricultural uses conducted on the site:
The dwelling unit(s) may be conventionally built homes or manufactured homes (with or without permanent foundations), provided
that manufactured homes without a permanent foundation shall require a zoning permit approved in the manner described in subsection
(h)(1) of this section. Prior to the issuance of building or zoning permits for the employee unit(s), the property owner shall
place on file with the planning department an affidavit that the unit(s) will be used to house persons employed on the premises
for agricultural purposes. Further, a covenant shall be recorded, in a form satisfactory to county counsel, which acknowledges
that in the event that the agricultural use is terminated on the property, the agricultural employee dwelling shall become
a nonconforming residential use,
(i)
At least fifty (50) mature cows or one hundred (100) beef cattle,
(ii)
At least twenty (20) acres of grapes, apples, pears, prunes,
(iii)
At least twenty thousand (20,000) broilers, fifteen thousand (15,000) egg-layers, or three thousand (3,000) turkeys,
(iv)
At least two hundred fifty (250) sheep or goats, fifty (50) dairy goats or hogs,
(v)
At least thirty (30) mature horses,
(vi)
Wholesale nurseries with a minimum of either one (1) acre of propagating greenhouse or outdoor containers or three (3) acres
of field-grown plant materials,
(vii)
Any other agricultural use which the planning director determines to be of the same approximate agricultural value and intensity
as subsections (h)(2)(i) through (vi) of this section.
(3)
Self-contained recreational vehicles and/or travel trailers to house persons solely employed on the site for agricultural
purposes for less than ninety (90) days, subject to the following:
The property owner must submit a written affidavit to the planning department, stating that the recreational vehicle and/or
travel trailer will only be used to house persons solely employed on the site of a bona fide agricultural enterprise. A "bona
fide agricultural enterprise" is defined, for this purpose, as an operation which derives its primary and principal income
from agricultural production. The recreational vehicle or trailer shall be immediately removed from the site when it is no
longer occupied by persons who are solely employed on the site,
(4)
Seasonal farmworker housing which meets the standards set forth in Section 26-88-010(l). Seasonal farmworker housing shall
also conform to such public health, building and fire safety criteria as may be established by resolution or ordinance of
the board of supervisors,
(5)
Year-round farmworker housing which meets the standards set forth in Section 26-88-010(p). Year-round farmworker housing shall
also conform to such public health, building and fire safety criteria as may be established by resolution or ordinance of
the board of supervisors,
(6)
One (1) guest house per lot,
(7)
One (1) travel trailer per lot for use as temporary housing in accordance with Section 26-88-010(q) and provided that a travel
trailer administrative permit is obtained and renewed annually;
(8)
One (1) second dwelling unit per lot, pursuant to Section 26-88-060, provided that the water supply for the second dwelling
unit is proposed to be located within a designated Class 1, 2 or 3 groundwater availability area. Second units may be established
within designated Class 4 water-scarce areas only where a hydro-geotechnical report, as defined, certifies that the establishment
and continuation of the secondary residential use will not have significant adverse impacts on local or cumulative groundwater
availability or yield.
(i)
The following nonagricultural uses; provided, that the applicant must demonstrate that the use meets a local need, avoids
conflict with agricultural activities and is consistent with Objective AR-4.1 and Policy AR-4a of the Agricultural Resources
Element.
(1)
Boarding of horses subject to issuance of a zoning permit,
(2)
Home occupations subject to the requirements of Section 26-88-121 and approval of a zoning permit. Any home occupation use
on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson
Act) and local rules, regulations and ordinances adopted thereunder,
(3)
Small residential community care facilities,
(4)
Occasional cultural events, provided that a written notice stating "The Sonoma County Planning Department will issue a zoning
permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10)
days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of a zoning permit,
and no appeal pursuant to Section 26-92-040 has been received from any interested person, and provided that approval is secured
from the following departments: sheriff, public health, fire services, building inspection and public works. In the event
of an appeal, a hearing on the project shall be held pursuant to Section 26-92-040,
(5)
Management of land for watershed, for fish and wildlife habitat, fish rearing ponds, hunting and fishing, where these uses
are incidental to the primary use,
(6)
Small family day care,
(7)
Pet fancier facilities, provided, that a pet fancier license is obtained from the division of animal regulation and renewed
annually,
(9)
Craft sales and garage sales not exceeding two (2) sales days per calendar year, provided that prior notification is given
to the California Highway Patrol and that adequate off-street parking is provided.
(10)
Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26-88-130,
(11)
Minor freestanding commercial telecommunication facilities, subject to the applicable criteria set forth in Section 26-88-130,
and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one
(1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property
at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been
received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above
section,
(12)
Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth
in Section 26-88-130. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial
zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10)
days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any
interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section,
(13)
Small wind energy systems not located within a county-designated urban service area or within two thousand five hundred feet
(2,500′) of a county-designated urban service area, subject to zoning permit approval and the standards in Section 26-88-135;
(j)
Accessory buildings and uses appurtenant to the operation of the permitted uses. Accessory buildings may be constructed on
vacant parcels of two (2) acres or more in advance of a primary permitted use. On vacant parcels less than two (2) acres,
accessory buildings may only be constructed if less than one hundred twenty (120) square feet or as incidental to an existing
agricultural use;
(k)
Minor timberland conversions, subject to compliance with the requirements of Section 26-88-140;
(l)
Bed and breakfast inns, containing not more than one (1) guest room, contained within a single-family dwelling, subject to
the issuance of a zoning permit. No bed and breakfast inn shall displace nor interfere with any existing agricultural use
on the property. No bed and breakfast inn shall be located on land under Williamson Act contract. Food service shall be limited
to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.
No weddings, lawn parties or similar activities shall be permitted. No outdoor amplified sound shall be permitted. At least
ten (10) days prior to issuance of a zoning permit pursuant to this subsection, a written notice stating "The Sonoma County
Permit and Resource Management Department will issue a zoning permit for a one guest room bed and breakfast inn on the property
located at [address and APN] if a written appeal is not received within ten (10) days from the date of this notice" shall
be posted on the subject parcel and shall be mailed or delivered to all owners of real property as shown on the latest equalized
assessment roll within three hundred feet (300′) of the subject parcel. If no written appeal is received during the ten (10)
day period following the posting and mailing or delivery of notice, a zoning permit shall be issued if the proposed inn satisfies
the requirements of this subsection. In the event of a timely appeal, a hearing on the proposed inn shall be held before the
board of zoning adjustments pursuant to Section 26-92-040 and the proposed inn shall be evaluated under the provisions of
this subsection and the standards set forth in Section 26-92-080;
(m)
Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses
described in this section.
(Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 §
4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
Sec. 26-08-020. - Uses permitted with a use permit.
Uses permitted with a use permit include the following:
(a)
Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26-08-010(d):
(1)
Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,
(2)
Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,
(3)
Within twenty-five feet (25′) from the top of the bank in designated upland riparian corridors;
(b)
Livestock feed yards, animal sales yards;
(c)
Commercial mushroom farming;
(d)
Commercial stables not permitted under Section 26-08-010(i)(1), riding academies, equestrian riding and driving clubs, and
hunting clubs;
(e)
Commercial aquaculture, provided that, at a minimum, the use does not adversely affect biotic resources and does not take
place on prime soils;
(f)
Agricultural support services with more than one (1) employees or occupying more than one half acre of land, but otherwise
subject to the same criteria as Section 26-08-010(e);
(g)
Preparation of agricultural products which are not grown on site, processing of agricultural products of a type grown or produced
primarily on site or in the local area, storage of agricultural products grown or processed on site, and bottling or canning
of agricultural products grown or processed on site, subject, at a minimum, to the criteria of general plan Policies AR-5e
and AR-5f;
(h)
Slaughterhouses, animal processing plants, rendering plants, fertilizer plants or yards which serve agricultural production
in the local area and subject, at a minimum, to the criteria of general plan Policies AR-5e and AR-5f;
(i)
Retail nurseries involving crops/plants which are not grown on the site;
(j)
Tasting rooms and other temporary, seasonal or year-round sales and promotion of agricultural products grown or processed
in the county subject to the minimum criteria of general plan Policies AR-6d and AR-6g. This subsection shall not be interpreted
so as to require a use permit for uses allowed by Section 26-08-010(g);
(k)
Promotional or marketing accommodations for private guests, provided that the use, at a minimum, meets all of the following
criteria:
(1)
The use promotes or markets agricultural products grown or processed on the site,
(2)
The scale of the use is appropriate to the production and/or processing use on the site,
(3)
The use complies with general plan Policies AR-6d and AR-6g,
(4)
No commercial use of private guest accommodations is allowed;
(l)
Dwelling unit(s) for full time agricultural employees which are transferred from another lot within this district and which
are under the same ownership as the subject property. The number of units allowed shall be determined by the standards in
Section 26-08-010(h)(2). The units shall be located on the receiving parcel such that they are closer to the primary dwelling
unit than to the property line;
(m)
Farm labor camps not permitted by Section 26-08-010(h);
(n)
The following nonagricultural uses; provided, that the applicant must demonstrate that the use meets a local need, avoids
conflict with agricultural activities and is consistent with Objective AR-4.1 and Policy AR-4a of the Agricultural Resources
Element.
(1)
Game preserves and refuges,
(2)
Public schools, subject, at a minimum, to the criteria of general plan Policy LU-6e,
(3)
Private nursery, primary or secondary schools, and churches subject, at a minimum, to the criteria of general plan Policy
LU-6f,
(4)
Campgrounds with a maximum of thirty (30) sites, provided that the subject area is not under a Williamson Act contract and
subject, at a minimum, to the criteria of general plan Policy AR-6e,
(7)
Private landing strips,
(8)
Bed and breakfast inns, containing not more than five (5) guest rooms, subject to Article 82 (Design Review), Article 86 (Parking
Regulation), and the criteria of general plan Policy AR-6e. No bed and breakfast inn shall displace nor interfere with any
existing agricultural use on the property. No bed and breakfast inn shall be located on land under Williamson Act contract.
Food service shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County
department of health services. Weddings, lawn parties or similar activities may be allowed if specifically authorized by the
use permit. No outdoor amplified sound shall be permitted at any time. No bed and breakfast inn shall include the use of more
than one (1) single-family dwelling and one (1) accessory structure for transient occupancy. No more than two (2) of the five
(5) guest rooms allowed by this section may be located in the accessory structure, if any. If an accessory structure is used
for transient occupancy, the total floor area available for use by guests, including guest rooms and common areas, shall not
exceed six hundred forty (640) square feet. There shall be no internal doorway or passage between the area available for use
by guests and any remaining area of the accessory structure,
(Ord. No. 5265 § 1(e), 2001: Ord. No. 3662.)
(9)
Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities excepted), including
but not limited to reservoirs, storage tanks, pumping stations, transformer stations, fire and police stations and training
centers, service yards and related parking lots which, at a minimum, meet the criteria of general plan Policy PF-2s and which
are not otherwise exempt by state law,
(10)
Intermediate and major freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria
set forth in Section 26-88-130,
(11)
Noncommercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable
criteria set forth in Section 26-88-130,
(12)
Exploration and development of low temperature geothermal resources for other than power development purposes provided that
at a minimum it is compatible with surrounding land uses,
(13)
Application of sludge from wastewater treatment plants to agricultural land subject, at a minimum, to the criteria of general
plan Policies PF-2q and PF-2r,
(14)
Art studios and arts and crafts centers not involving retail or wholesale sales. A use permit for such uses may be granted
only when the use is conducted within an existing abandoned agricultural building feasible for such use,
(15)
Granges and similar community service facilities which do not adversely impact agriculture in the area,
(16)
Large residential community care facility,
(18)
Large family day care,
(19)
Commercial wood yards, including wood splitting,
(20)
Golf courses and driving ranges shall be at the sole discretion of the county and subject, at a minimum, to the following
criteria:
In the event that the above uses are proposed within a designated community separator, the criteria established by general
plan Policy OS-1c shall supersede the above criteria.
(i)
The proposed use is adjacent to a designated urban service boundary or includes an irrevocable offer of offsite unutilized
development rights for all lands between the use and the urban service boundary,
(ii)
Permanent open space or agricultural preservation is provided for the site of the proposed use and all areas for which development
rights are acquired,
(iii)
The use is located in close proximity to an existing wastewater treatment facility and includes the use of reclaimed wastewater
in accordance with the regulations of the applicable regional water quality control agency,
(iv)
The use is subject to design review approval and includes setbacks, buffers or other measures designed to minimize its impact
on existing and potential agricultural uses in the area,
(v)
Under no circumstances shall housing be included as part of the use, provided that a caretaker unit may be considered,
(vi)
The use must be compatible with and not result in limitations on any agricultural operation,
(vii)
The use shall not be conducted on lands subject to a Williamson Act contract or included in a Timber Production zone,
(viii)
Facilities associated with the golf course and/or driving range shall be limited to those which serve golfers on the course
or range, such as locker and shower facilities, pro shop with incidental sales of golfing equipment, snack bar and maintenance
operations. Such facilities shall not include restaurants, other retail sales, lodging, or similar uses,
(ix)
Driving ranges shall not be operated during nighttime hours,
(21)
Craft sales and garage sales involving three (3) or four (4) sales days per year,
(22)
Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′)
of a county-designated urban service area, subject to the standards in Section 26-88-135.
(o)
Live/work uses in conjunction with a legally established single family residential unit subject to the requirements of Section
26-88-122. Any live/work use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200
et seq. (the Williamson Act) and local rules, regulations and ordinances adopted thereunder.
(p)
Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses
described in this section.
(Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(g), 2004; Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(k), 2002; Ord. No. 5342 §
5, 2002; Ord. No. 4973 § 3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
Sec. 26-08-030. - Permitted residential density and development criteria.
The use of land and structures within this district is subject to this article, the general regulations of this chapter, and
the provisions of any district which is combined herewith. Policies and criteria of the general plan and any applicable specific
or area plan or local area development guidelines shall supersede the standards herein.
(a)
Density. Residential density shall be between ten (10) and sixty (60) acres per dwelling unit as shown in the general plan
land use element or permitted by a "B" combining district, whichever is more restrictive. However, dwelling units described
in Section 26-08-010(h)(2) through (6), inclusive may be permitted in addition to the residential density.
(b)
Minimum Lot Size. The minimum lot size for creation of new parcels shall be ten (10) acres, except:
(1)
Where general plan area policies expressly provide for a different minimum lot size;
(2)
Where creation of smaller lots will further general plan goals AR-3 and AR-4, objectives AR-3.1 and AR-3.2, and policies AR-3c,
AR-3e and AR-4a, and meet the criteria of general plan policy AR-8c. In such cases where lots are clustered, a protective
easement shall be applied to the remaining large parcel(s) which indicates that density has been transferred to the clustered
area; or
(3)
Where creation of a smaller lot will meet the requirements of Section 26-88-180.
(c)
Minimum Lot Width. The minimum average lot width within each lot is one hundred twenty-five feet (125′).
(d)
Maximum Building Height.
(1)
Thirty-five feet (35′) except that agricultural buildings and structures may reach up to fifty feet (50′). Additional height
may be permitted provided that site plan approval in accordance with Article 82, is first secured.
(2)
Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.
(e)
Maximum Lot Coverage. Thirty-five percent (35%). Lot coverage limitations may be waived by the planning director for commercial
greenhouses and swimming pools.
(f)
Yard Requirements.
(1)
Front or Street Side Yard. Thirty feet (30′) except where combined with any B district and in no case shall the setback be
less than fifty-five feet (55′) from the centerline of all roads and streets, except as may be otherwise indicated on the
district maps.
(2)
Side Yard. Minimum ten feet (10′), except that in the case of a corner lot, the street side yard shall be the same as the
front yard.
(3)
Rear Yard. Twenty feet (20′).
(4)
Watering troughs, feed troughs, accessory buildings used for the housing or maintenance of farm animals and accessory buildings
and runs used for the housing or maintenance of kennel animals shall be located at least fifty feet (50′) from the front property
line, twenty feet (20′) from any side or rear property line, and thirty feet (30′) from any dwelling on the adjacent property.
(5)
No garage or carport opening facing the street shall be located less than twenty feet (20′) from any exterior property line,
except that where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning
district have been improved with garages or carports, the required front yard may be reduced to a depth equal to the average
of the front yards of the such garages or carports. However, in no case shall the front yards be reduced to less than ten
feet (10′). Further, the permit and resource management department director may require a use permit if the reduction might
result in a traffic hazard.
Notwithstanding the above, if a residence is elevated to meet flood requirements, the space underneath the structure may be
utilized for a garage or carport if it will meet building codes, even if the ten-foot (10′) to twenty-foot (20′) setback cannot
be met, subject to approval of administrative design review.
(6)
Cornices, eaves, canopies, bay windows, fireplaces and/or other cantilevered portions of structures, and similar architectural
features may extend two feet (2′) into any required yard. The maximum length of the projections shall not occupy more than
one-third of the total length of the wall on which it is located. Uncovered porches, fire escapes or landing places may extend
six feet (6′) into any required front or rear yard and three (3′) feet into any required side yard.
(7)
Where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning district have
been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of
the improved lots, subject to the limitations of subsection (f)(5) of this section.
(8)
Accessory buildings may be constructed within the required yards on the rear half of the lot; provided, that such buildings
shall not occupy more than thirty percent (30%) of the width of any rear yard. Such accessory buildings shall not be located
closer than ten feet (10′) to the main buildings on adjacent lots. Notwithstanding the foregoing, swimming pools may occupy
more than thirty percent (30%) of the width of any rear yard. A minimum of three feet (3′) shall be maintained between the
wall of a pool and the rear and side property lines, and from the main building on the same lot. Conventional pool accessory
equipment (pump, filters, etc.) shall be exempt from setback restrictions. Additional setbacks may be required under the Uniform
Building Code.
(Ord. No. 3932.)
(9)
The yard requirements of subsections (f)(1) or (2) of this section may be reduced up to fifty percent (50%) for agricultural
buildings and structures if necessary for efficient farming operation.
(g)
In compliance with applicable sections of the State Subdivision Map Act and the subdivision ordinance, a two (2)-way division
of a parcel of land that is currently subject to a Williamson Act contract may be allowed, if all of the following apply:
A subdivision of land pursuant to this section shall not affect any Williamson Act contract executed pursuant to Article 3
(commencing with Section 51240) of the Government Code, and the parcel to be sold or leased shall remain subject to that contract.
(1)
The resulting parcel is to be sold or leased for agricultural employee ("farmworker") housing, and is not more than five (5
) acres in size. For the purpose of this section, "agricultural employee" shall have the same meaning as defined by subdivision
(b) of Section 1140.4 of the Labor Code.
(2)
The parcel shall be sold or leased to a nonprofit organization, a city, a county, a housing authority, or a state agency,
for the sole purpose of the provision and operation of farmworker housing. A lessee that is a nonprofit organization shall
not sublease that parcel without the written consent of the landowner, and shall notify the county of such sublease.
(3)
The parcel to be sold or leased shall be subject to a deed restriction that limits the use of the parcel to farmworker housing
facilities for not less than thirty (30) years. The deed restriction shall also provide, through reversionary or similar provision,
that the parcel shall automatically revert to and be merged with the parcel from which it was subdivided when the parcel ceases
to be used for farmworker housing for a period of more than one (1) year. The deed restriction shall be in a form satisfactory
to county counsel.
(4)
There is a written agreement between the parties to the sale or lease of the parcel and their successors to operate the parcel
to be sold or leased under joint management of the parties, subject to the terms and conditions and for the duration of the
Williamson Act contract.
(5)
The parcel to be sold or leased is contiguous to one (1) or more parcels that are located within a designated urban service
area, and which are zoned for and developed with urban residential, commercial, or industrial land uses.
(6)
The farmworker housing project is provided pursuant to Section 26-88-010(l) (Seasonal farmworker housing) or Section 26-88-010(o)
(Year-round farmworker housing), and includes provisions designed to minimize potential impacts on surrounding agricultural
and rural residential land uses.
(Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord. No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927
§§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)