Sec. 26-20-010. - Permitted uses.
Permitted uses include the following:
(a)
One (1) dwelling unit on permanent foundation per lot;
(b)
Home occupations subject to the requirements of Section 26-88-121 and approval of a zoning permit;
(c)
Small residential community care facility;
(d)
Accessory buildings and uses incidental and appurtenant to any permitted use;
(e)
One (1) second unit per lot, provided that all criteria of Section 26-88-060 are met. Such criteria include, but are not limited
to, setbacks and yard requirements;
(Ord. No. 3511.)
(f)
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;
(g)
The outdoor growing and harvesting of shrubs, plants, flowers, trees vines, fruits, vegetables, hay, grain and similar food
and fiber crops;
(h)
Small family day care;
(i)
Large family day care provided that the applicant shall meet all performance standards listed in Section 26-88-080;
(k)
Housing Opportunity Type "C" projects that satisfy all of the applicable requirements of Housing Element Policy HE-2q, including
the design and development criteria set forth in Section (4)(d) of Policy HE-2q for Type "C" Housing Opportunity Areas. The
design and development criteria set forth in Section 4 of Policy HE-2q for Type "C" Housing Opportunity Areas shall prevail
over any conflicting criteria specified below in Section 26-20-030. Compliance with Section 4 of Policy HE-2q for Type "C"
Housing Opportunity Areas shall be determined by the body prescribed in Section 5 of that Policy. Nothing herein shall limit
the ability of the decision-making body to either deny or to apply conditions to the approval of a Housing Opportunity Type
"C" project;
(l)
Transitional housing subject to compliance with the requirements Housing Element Policy HE-4p;
(m)
Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26-88-130;
(n)
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;
(o)
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;
(p)
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;
(q)
One (1) second dwelling unit per lot, pursuant to Sections 26-88-060 and 26C-325.1;
(r)
One (1) guest house per lot;
(s)
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.
(t)
The raising, feeding and maintaining of up to six (6) hens subject to the construction of a chicken coop and a secure enclosure
which prevents animal trespass. The coop and pen shall be located in the rear yard of the property and maintained in a sanitary
condition.
(Ord. No. 5809 § 1(a), 2008; Ord. No. 5569 § 7, 2005; Ord. No. 5429 § 4(a), (b), 2003; Ord. No. 5016 § 1(H), 1997; Ord. No.
4973 § 6(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-20-020. - Uses permitted with a use permit.
Uses permitted with a use permit include the following:
(a)
Planned developments and condominiums. Compatibility with adjacent development, unique characteristics, innovation, provision
of amenities and the provision of housing which is affordable pursuant to the requirements of Housing Element Sections 3.1
and 3.1.1 are additional criteria which will be utilized in evaluating such development. Condominium conversion shall be subject
to the requirements of Housing Element Policy HE-3i;
(b)
Country clubs and golf courses but not including miniature golf courses;
(c)
Public and private nonprofit elementary schools, junior high schools and colleges;
(e)
Public playgrounds, parks, community centers, libraries, museums and similar uses and buildings;
(f)
Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities excepted), including
but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, small power 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;
(g)
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;
(h)
Large residential community care facility;
(j)
Housing Opportunity Area Type "C" projects based on alternative design and development criteria to those set forth in Sections
(4)(d) and (4)(e) of Housing Element Policy HE-2g for Type "C" Housing Opportunity Areas, or, as applicable, Section 26-20-030.
A use permit for such project shall not be approved unless the project meets all other requirements of Policy HE-2g for Type
"C" projects. The decision-making body shall be as specified in Policy HE-2q for Type "C" Housing Opportunity Areas. Nothing
herein shall limit the ability of the decision-making body to either deny or to apply conditions to the approval of a Housing
Opportunity Type "C" project;
(k)
Infill development subject to the requirements of Housing Element Policy HE-2b;
(l)
Intermediate freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria set forth
in Section 26-88-130;
(m)
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;
(n)
Small-scale homeless shelters serving ten (10) persons or less, subject to design review;
(o)
Live/work uses in conjunction with an otherwise allowed residential use subject to the requirements of Section 26-88-122;
(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. 5429 § 4(b)(c), 2003; Ord. No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-20-030. - Permitted residential density and development criteria.
The use of land and structures within this district is subject to this article, the applicable 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)
Residential density shall be between one (1) and six (6) units per acre as shown in the general plan land use or housing element
or that density permitted by a "B" combining district. All residential projects shall be designed to meet the minimum density
requirements shown in the general plan land use element or on the sectional district maps, whichever is more restrictive,
provided, however, that a lesser density may be approved if the body deciding the application determines that such a reduction
in density is necessary to mitigate a particular significant effect on the environment and that no other specific mitigation
measure or alternative would provide a comparable lessening of the significant impact. Nothing set forth in this section shall
be construed to prohibit the construction of one (1) single-family dwelling on a single lot of record.
For a Housing Opportunity Area Type "C" project which meets all of the requirements of Sections 26-88-120 and 26-88-122, or
where a use permit for such project is approved pursuant to Section 26-20-020(k), the permitted residential density may be
increased to a maximum of eleven (11) dwelling units per acre.
(b)
Maximum Building Height.
(1)
Thirty-five feet (35′) for the main building and fifteen feet (15′) for accessory buildings, provided that additional height
may be permitted if a use permit is first secured.
(2)
Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.
(c)
Minimum Lot Size. Six thousand (6,000) square feet.
(d)
Minimum Lot Width. The minimum average lot width required within each lot is sixty feet (60′).
(e)
Maximum Lot Coverage. Forty percent (40%). Lot coverage may be waived by the planning director for swimming pools.
(Ord. No. 3932.)
(f)
Yard Requirements. The following shall apply except that if the subject property adjoins land which is zoned AR or designated
as agricultural land, the use is subject to the requirements of Section 26-88-040(g).
(1)
Front Yard. Not less than twenty feet (20′); provided, however, that no structure shall be located closer than forty-five
feet (45′) to the centerline of any public road, street or highway.
(2)
Side Yard. Not less than five feet (5′) except where the side yard abuts a street in which case such yard shall be the same
as the front yard.
(3)
Rear Yard. Not less than twenty feet (20′).
(4)
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 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 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.
(5)
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 feet (3′) into any required side yard.
(6)
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 restrictions of subsection (f)(4) of this section.
(7)
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.)
(g)
Parking Requirements. Not less than one (1) covered off-street parking space for each dwelling unit. The requirement for parking
to be covered may be waived for single-family dwellings subject to the provisions of 26-86-010 (k). Second dwelling units
are subject to the parking standards in Section 26-88-060.
(h)
Where planned developments and condominiums are proposed, dwelling units may be attached; common walls will be permitted.
The lot size, coverage and setback requirements of subsections (a) through (g) of this section shall not apply to these planned
developments and condominiums.
(Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord. No. 5009 § 1(C), 1997; Ord. No.
4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord. No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No.
4643, 1993.)