§ 26-36-020. Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

One (1) dwelling unit on a permanent foundation per lot subject, at a minimum, to the following criteria, and provided that no commercial use may be permitted unless the dwelling unit is removed or converted to another use in accordance with this district:

(1)

The property is not located within a redevelopment project area identified on the general plan land use map,

(2)

The property has constraints or is of such a size as to make it infeasible to develop with the commercial uses allowed by zoning,

(3)

The unit complies with setbacks, building heights, and other standards of the applicable zoning district,

(4)

The unit meets other conditions which may result from the application review process;

(b)

One (1) caretaker unit per lot in rural areas as defined in the general plan and provided that the lot is not already developed with a residence;

(c)

Mixed Use Developments. Mixed use development, in compliance with Section 26-88-123 (Mixed Use Developments);

(d)

Gasoline service stations and minimarts; (Ord. No. 3615.)

(e)

Restaurants serving alcohol, takeout food, bars, cocktail lounges, live entertainment, amplified live music;

(f)

Noncommercial clubs and lodges;

(g)

Art, craft, music and dancing schools;

(h)

Business, professional or trade schools and colleges;

(i)

Churches;

(j)

Wholesale and retail nurseries;

(k)

Antique stores, second hand sales, auction studios;

(l)

New and used automobile sales, service and repair establishments;

(m)

Truck, trailer and farm implement repair facilities;

(n)

Animal hospitals, veterinary clinics and commercial kennels;

(o)

Large and heavy merchandise sales, including machinery, hardware, lumber yards, building materials or landscape materials yards;

(p)

Recycling centers for household paper, glass and metals;

(q)

Truck terminals, gasoline service stations and associated uses;

(r)

Fuel yards, the bulk storage of flammable liquids;

(s)

Contractor's equipment storage or rental yards;

(t)

Outdoor sales yards, auction yards and flea markets; heavy equipment sales;

(u)

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-2(s) and which are not otherwise exempt by state law;

(v)

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;

(w)

Outdoor vendors;

(x)

Commercial planned developments and commercial condominiums. Compatibility and provision of amenities shall be required and unique characteristics, design innovation and creativity shall be additional criteria utilized in evaluating such development. Required yards of Section 26-36-030 shall not apply to such development. Conversions of existing commercial buildings to commercial condominium or commercial planned development may be accomplished by use permit waiver pursuant to Section 26-88-010(g) and applicable Sections of Chapter 25 of the Sonoma County Code;

(y)

Small collection facilities as an accessory use to any permitted use subject to the provisions of Section 26-88-070;

(z)

Large residential community care facility;

(aa)

Day care center;

(bb)

Gymnasiums, health clubs, spas, indoor recreation, and similar uses;

(cc)

Heliports;

(dd)

Intermediate and major freestanding commercial telecommunication facilities greater than eighty feet (80′) in height, subject at a minimum to the applicable criteria set forth in Section 26-88-130;

(ee)

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;

(ff)

Small alcoholic beverage retail establishments, subject to the standards in Section 26-88-195;

(gg)

One (1) bed and breakfast inn, containing not more than five (5) guest rooms, established and maintained in conjunction with an existing or proposed commercial use on the property. The bed and breakfast inn shall be subject to Article 82 (Design Review) and Article 86 (Parking Regulation). Food service shall be limited to breakfast served to inn guests only, and shall be subject to 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. No accessory structures may be used for transient occupancy;

(hh)

Reserved;

(ii)

Emergency homeless shelters with up to fifty (50) beds, subject to design review, within designated urban service areas;

(jj)

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;

(kk)

In designated urban service areas, small single room occupancy (SRO) facilities, subject to the granting of a use permit and consistent with the provisions of Section 26-88-125;

(ll)

In designated urban service areas, large single room occupancy (Single Room Occupancy) facilities in compliance with Section 26-88-125 (Single Room Occupancy Facilities);

(mm)

Live/work uses in conjunction with a legally established single family residential unit subject to the requirements of Section 26-88-122. Live/work uses shall not be permitted in a mixed use development, SRO unit, or caretaker unit;

(nn)

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;

(oo)

Commercial Cannabis uses, in compliance with Section 26-88-250 and 26-88-256;

(pp)

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

(Ord. No. 6245 , § II, 10-16-2018; Ord. No. 6223 , § XXII, 5-8-2018; Ord. No. 6189 , §§ II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)