Sec. 26-22-010. - Permitted uses.
Permitted uses include the following:
(a)
Dwelling units on permanent foundations in accordance with the residential density shown in the general plan land use element
or that density permitted by a B combining district, whichever is more restrictive;
(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 the primary use;
(e)
One second dwelling 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)
Small family day care;
(h)
Large family day care provided that the applicant shall meet all performance standards listed in Section 26-96-080;
(i)
The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food
and fiber crops;
(k)
Housing Opportunity Area Type "A" 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 "A" Housing Opportunity
Areas located in urban residential, six (6) to twelve (12) dwelling units per acre, areas depicted on the general plan land
use maps. The design and development criteria set forth in Section 4 of Policy HE-2q for such Type "A" Housing Opportunity
Areas shall prevail over any conflicting criteria specified below in Section 26-22-030. Compliance with Section 4 of Policy
HE-2g for such Type "A" 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
such a Housing Opportunity Type "A" project;
(l)
Transitional housing subject to compliance with the requirements of 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) second dwelling unit per lot, pursuant to Sections 26-88-060 and 26C-325.1;
(q)
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(a) , 2003; Ord. No. 4973 § 6(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-22-020. - Uses permitted with a use permit.
Use 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 to very low and low income households 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. The lot size, coverage and yard
requirements of Section 26-22-030 shall not apply to planned developments or condominiums;
(b)
Mobile home parks and recreational vehicle parks combined therewith, subject to the provisions of Article 88;
(c)
Noncommercial clubs and lodges, country clubs and golf courses, but not including miniature golf courses;
(d)
Public and private nonprofit elementary schools, junior high schools and colleges;
(f)
Public playgrounds, parks, community centers, libraries, museums and similar uses and buildings;
(g)
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;
(h)
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;
(i)
Large residential community care facility;
(k)
Housing Opportunity Area Type "A" projects based on alternative design and development criteria to those set forth in Section
(4)(d) and (4)(e) of Housing Element Policy HE-2g for Type "A" Housing Opportunity Areas located in urban residential, six
(6) to twelve (12) dwelling units per acre, areas depicted on the general plan land use maps, or, as applicable, Section 26-112
below. A use permit for such project shall not be approved unless the project meets all other requirements of Policy HE-2g
for such Type "A" projects. The decision-making body shall be as specified in Policy HE-2g for Type "A" 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 such a Housing Opportunity Type "A" project;
(l)
Closure, cessation of use or conversion of a mobile home park to an alternate land use provided that the criteria set forth
in Section 26-92-090 are met;
(m)
Intermediate freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria set forth
in Section 26-88-130;
(n)
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;
(o)
Small-scale homeless shelters serving ten (10) persons or less, subject to design review;
(p)
Live/work uses in conjunction with an otherwise allowed residential use subject to the requirements of Section 26-88-122;
(q)
Mobile home parks, subject to the provisions of Section 26-88-100 (Mobile home park standards);
(r)
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, 10, 2005; Ord. No. 5429 § 4(c), 2003; Ord. No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-22-030. - 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 six (6) and twelve (12) units per acre as shown in the general plan land use or housing
element or that density permitted by a "B" combining district, whichever is more restrictive, provided however that a density
bonus and further incentives may be granted subject to compliance with all of the requirements of Section 26-88-121; and provided
further that for a Housing Opportunity Area Type "A" project which meets all of the requirements of Sections 26-88-130 and
26-88-122, or where a use permit for such project is approved pursuant to Section 26-22-020(k), the permitted residential
density may be increased one hundred percent (100%) above the mapped designation in the general plan to a maximum of twenty-four
(24) dwelling units per acre. All applications for a discretionary approval shall be designed to meet at a minimum, the 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.
(b)
Maximum Building Height.
(1)
Thirty-five feet (35′) for main structures; provided, that where an R2 district abuts an R1 or RR district, for each four
feet (4′) of building height in excess of fifteen feet (15′) the side yard setback shall be increased by one foot (1′). In
all cases, where the side yard abuts a north, northwesterly or northeasterly property line and the proposed main building
exceeds fifteen feet (15′) in height the applicant shall submit at the time of application evidence to show that the proposed
building shall not cast a shadow greater than ten percent (10%) of the solar collection absorption area on the adjacent lot
at any one time between the hours of 9:00 a.m. to 3:00 p.m. on December 21st local standard time.
(Ord. No. 3292).
(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. Fifty percent (50%).
(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′) from the centurion of any public road, street or highway. Front yard requirements may be reduced up to five feet (5′)
in order to obtain an average of twenty feet (20′).
(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 a front yard. On lots where access is gained to an interior court by way of a side yard, or where an entrance to a building
faces the sideline, the side yard shall be not less than ten feet (10′).
(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.
(g)
Parking Requirements.
(1)
Residential Use.
(i)
Not less than one (1) covered parking space for each dwelling unit.
(ii)
Not less than one-half (½) uncovered guest parking space for each dwelling unit in a garden apartment or dwelling group involving
four (4) or more dwelling units.
(iii)
Developments containing nine (9) or more dwelling units shall provide an additional one-half (½) uncovered guest parking space
for each dwelling unit having two (2) or more bedrooms.
(iv)
Second units are subject to the parking standards in Section 26-88-060.
(2)
Any other use shall provide off-street parking in accordance with the standards established in Article 86.
(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 this section shall not apply to these planned developments and condominiums.
(i)
Development standards for dwelling groups and/or multifamily structures involving four (4) or more dwelling units.
(1)
All utility distribution facilities (including but not limited to electric, communication and cable television lines) installed
in and for the purpose of supplying service to any residential development shall be placed underground, except equipment appurtenant
to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed
ducts. The subdivider is responsible for complying with the requirements of this section, and shall make the necessary arrangements
with the utility companies involved for the installation of such facilities.
(2)
Landscaping shall be provided and perpetually maintained in all required yards.
(3)
Installation of improvements to assure adequate drainage shall be required.
(4)
All refuse collection areas shall be enclosed on at least three (3) sides by a five-foot (5′) high wall, such wall to be constructed
of masonry or other material as specifically approved by the director of planning. Alternate methods of refuse storage and
screening thereof may be approved by the planning director.
(5)
To the extent possible all off-street parking areas shall be screened from view of surrounding residents by a fence not less
than four feet (4′) in height, or by landscape materials having a normal two (2) year growth of not less than four feet (4′)
in height.
(6)
All points of vehicular access and vehicular circulation to and from off-street parking areas, and driveways onto public rights
of way, shall be approved by the director of public works.
(7)
All off-street parking areas shall be paved with asphalt or equivalent and shall conform to the off-street parking design
standards of Article 86.
(8)
Public utilities and easements therefor shall be provided as required by applicable public utilities and agencies.
(9)
The placement of main buildings on any lot or parcel of land in the R2 (medium density residential) district shall conform
to the following:
(i)
Parallel buildings front to front or arranged around an open court: thirty-five feet (35′) for one (1) story buildings or
forty feet (40′) for two (2) story buildings. Driveways shall not be located within the building separation.
(ii)
Parallel buildings front to rear or front to side: twenty feet (20′) for one (1) story buildings or twenty-five feet (25′)
for two (2) story buildings.
(iii)
Parallel buildings rear to rear or rear to side: fifteen feet (15′) for one (1) story buildings plus two and one-half feet
(2 ½′) for each additional story of each building in excess of one (1) story.
(iv)
Parallel buildings side to side: ten feet (10′) for one (1) story buildings plus two and one-half feet (2 ½′) for each additional
story of each building in excess of one (1) story. No entries shall be permitted for such separation between building placed
side to side.
(v)
For obliquely aligned buildings, the distances hereinbefore specified may be decreased by five feet (5′) at one building corner
if increased by an equal or greater distance at the other corner.
(10)
The placement of garages and nondwelling accessory buildings on any lot or parcel of land in the R2 (medium density residential)
district shall conform to the following:
(i)
On the rear third of an interior or corner lot, the side yard and rear yard shall be not less than three feet (3′) in width.
In the case of a corner lot, all buildings shall observe the required side yard on the street side.
(ii)
On any lot where the garage opens directly to a street, same shall be set back not less than twenty feet (20′) from the property
line.
(iii)
The distance between main buildings and nondwelling accessory buildings shall be not less than eight feet (8′).
(11)
In developments of more than eight (8) units, a landscaped, unified usable open recreational and leisure area totaling at
least three hundred (300) square feet for each dwelling unit is required. The areas shall be conveniently located and readily
accessible to each dwelling unit.
(12)
The following areas shall not be considered as contributing to required recreational and leisure areas:
(i)
Any required front, side or rear yard;
(ii)
Any area used for parking or vehicular circulation;
(iii)
Areas reserved for private family use, such as patios.
(j)
Design Review. Design review and site plan approval shall be required for all dwelling groups and apartment developments featuring
four (4) or more dwelling units in the manner provided in Article 82 or as otherwise provided in this chapter.
(Ord. No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(e), 1996; Ord. No. 4839 § 1(C), 1994; Ord. No. 4837 § 1(B), 1994; Ord. No.
4643, 1993.)