§ 26-04-020. Uses permitted with a use permit.

(a)

Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26-04-010(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 26-04-010(i)(1), riding academies, and equestrian riding clubs. Any such 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 and regulations;

(e)

Agricultural support services with more than one (1) and a maximum of three (3) employees or occupying more than one half (½) acre of land, but otherwise subject to the same criteria as Section 26-04-010(e). Any such 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 and regulations;

(f)

Preparation of agricultural products which are not grown on site, processing of agricultural product 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-5c and AR-5g;

(g)

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-5c and AR-5g. Any such 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 and regulations;

(h)

Retail nurseries involving crops/plants which are not grown on the site, except on land subject to a Williamson Act contract;

(i)

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-6f. This Subsection shall not be interpreted so as to require a use permit for uses allowed by Section 26-04-010(g);

(j)

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-6f,

(4)

No commercial use of private guest accommodations is allowed,

(5)

Any such 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 and regulations;

(k)

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 26-04-010(h)(3). The units shall be located on the receiving parcel such that they are closer to the primary dwelling unit than to the property line;

(l)

Temporary farm worker camps not permitted by Section 26-04-010(h);

(m)

Seasonal farmworker housing that does not meet the road access, occupancy or setback standards of Section 26-88-010(l);

(n)

Year-round and extended seasonal farmworker housing that does not meet the road access, occupancy limits, parcel size or setback standards of Section 26-88-010(o);

(o)

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, refuges, and hunting clubs; however, any such 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 and regulations,

(2)

Cemeteries, except on land subject to a Williamson Act contract,

(3)

Commercial kennels, except on land subject to a Williamson Act contract,

(4)

Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities excepted), including, but not limited to reservoirs, storage tanks, pumping stations, and transformer stations. Any such 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 and regulations,

(5)

Fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2 t and which are not otherwise exempt by state law. Such facilities are not permitted on land subject to a Williamson Act contract,

(6)

Intermediate and major freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria set forth in Section 26-88-130. Any such 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 and regulations,

(7)

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,

(8)

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. Any such 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 and regulations,

(9)

Application of clean dredge material or biosolids from wastewater treatment plants subject, at a minimum, to the criteria of General Plan Policies PF-2s,

(10)

Granges and similar community service facilities which do not adversely impact agriculture in the area. Any such 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 and regulations,

(11)

Large residential community care facility, except on land subject to a Williamson Act contract,

(12)

Day care center, except on land subject to a Williamson Act contract,

(13)

Reserved.

(14)

Golf courses and driving ranges shall be at the sole discretion of the county and subject, at a minimum, to the following 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;

In the event that the above uses are proposed within a designated Community Separator, the criteria established by General Plan Policy OSRC-1c shall supersede the above criteria;

(15)

Craft sales and garage sales involving three (3) or four (4) sales days per year,

(16)

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. Any such 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 and regulations,

(p)

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 Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(q)

Other nonresidential uses which in the opinion of the planning director area of a similar and compatible nature to those uses described in this section;

(r)

Commercial cannabis uses in compliance with Sections 26-88-250 through 26-88-256.

(Ord. No. 6245 , § II, 10-16-2018; Ord. No. 6189 , § II(C), 12-20-2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)