§ 26-06-010. Permitted uses.

(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 Health Services 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:

(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,

(4)

Control of vectors,

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;

(b)

On parcels of two (2) acres or less, raising, feeding, maintaining and breeding of not more than one 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;

(c)

Beekeeping;

(d)

Outdoor crop production including wholesale nurseries, for growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops other than cannabis, conducted and maintained in compliance with Article 65, RC Riparian Corridor Combining Zone;

(e)

Agricultural support services involving no more than one (1) employee and occupying no more than one-half (1/2) acre of land and subject, at a minimum to the criteria of General Plan Policies AR-5e and AR-5f. 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-5e:

(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,

(4)

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)

Incidental cleaning, grading, packing, polishing, sizing, storage and similar preparation of crops which are grown on the site, but not including agricultural processing;

(g)

(1)

Farm stand for the temporary or seasonal sales and promotion of crops grown or animals raised on the site including community supported agriculture, U-Pick and U-Cut operations.

(2)

Farm retail sales facility subject to issuance of a zoning permit and compliance with Section 26-88-215;

(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') and twenty feet (20') for covered parking,

(iv)

All manufactured home sites shall be landscaped,

(v)

The manufactured home shall be occupied by the owner of the property or a relative of the owner;

(2)

One (1) detached farm family dwelling unit per lot, provided that the following requirements are met:

(i)

An agricultural easement having a term equal to the useful life of the structure, but in no event less than twenty (20) years, shall be offered to the county at the time of application,

(ii)

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 farm family dwelling shall become a nonconforming residential use;

(3)

One (1) dwelling unit for full-time agricultural employees for each of the following agricultural uses conducted on the site:

(i)

At least fifty (50) dairy cows, dairy sheep or dairy goats,

(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 one hundred (100) non-dairy sheep, goats, beef cattle, replacement heifers, 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)(3)(i) through (vi) of this section;

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 Section 26-06-010(h)(1). Agricultural employee units may be established within designated Class 4 water-scarce areas only where a hydro-geology report, as defined, certifies that the establishment and continuation of the additional residential use will not have significant adverse impacts on local or cumulative groundwater availability or yield,

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,

(4)

Temporary farm worker camps consisting of up to four (4) 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. The camp shall be subject to applicable septic regulations. 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 premises site;

(5)

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 established by resolution or ordinance of the board of supervisors,

(6)

Year-round farmworker and extended seasonal housing which meets the standards set forth in Section 26-88-010(o). Year-round and extended 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,

(7)

One caretaker unit for properties with seasonal farmworker housing, subject to the provisions of Section 26-88-010(l)(8),

(8)

One (1) guest house per lot,

(9)

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,

(10)

One (1) accessory dwelling unit per lot, pursuant to Section 26-88-060. Accessory dwelling units are not permitted on land subject to a Williamson Act contract;

(11)

One (1) junior accessory dwelling unit per lot, pursuant to Section 26-88-061.

(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 and training of horses subject to issuance of a zoning permit. 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)

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 and regulations,

(3)

Small residential community care facilities, except on land subject to a Williamson Act contract,

(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. 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)

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. 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)

Large family day care, provided that the applicant shall meet all performance standards listed in Section 26-88-080, except on land subject to a Williamson Act contract;

(8)

Pet fancier facilities, provided that a pet fancier license is obtained from the division of animal regulation and renewed annually. 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)

Public parks,

(10)

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,

(11)

Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26-88-130,

(12)

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. 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,

(13)

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,

(14)

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. 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,

(15)

Non-commercial arts and crafts studios not involving retail or wholesale sales. 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;

(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. 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)

Minor timberland conversions, subject to compliance with the requirements of Section 26-88-140;

(l)

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;

(m)

Hosted rentals, subject to issuance of a zoning permit and compliance with Section 26-88-118 (Hosted Rentals and Bed and Breakfast Inns);

(n)

Vacation rentals subject to issuance of a zoning permit and conformance with the standards in Section 26-88-120, except on lands under a Williamson Act contract;

(o)

Agricultural farmstays, subject to issuance of a zoning permit and the standards set forth in Section 26-88-085. 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)

Non-commercial composting when the source materials are obtained primarily onsite and the product is used to amend soils onsite or on adjacent parcels owned or operated by same property owner;

(q)

Small-scale agricultural processing facility subject to issuance of a zoning permit in compliance with Section 26-88-210;

(r)

Cannabis cultivation for personal use in compliance with Section 26-88-258;

(s)

Indoor crop production including wholesale nurseries for growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops other than cannabis, in greenhouses or similar structures less than two thousand five hundred (2,500) square feet, conducted and maintained in compliance with Article 65, RC Riparian Corridor Combining Zone;

(t)

Commercial cannabis uses in compliance with Section 26-88-250 through 26-88-256;

(u)

Permanent supportive housing, subject to density limitations.

(Ord. No. 6245 , § II, 10-16-2018; Ord. No. 6223 , § VI, 5-8-2018; Ord. No. 6191 , § V(Exh. D), 1-24-2017; Ord. No. 6189 , §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V , 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)