§ 26-42-020. Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

Where expressly provided by general plan planning area policy, one (1) dwelling unit on a permanent foundation per lot subject, at a minimum, to the following criteria, and provided that no commercial or recreational use may be permitted unless the dwelling unit is removed or converted to another use in accordance with this district:

(1)

The habitable portion of the residence is not located within the FEMA one hundred (100) year flood elevation or is built so as not to be affected by flooding,

(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 residence complies with setbacks, building heights and other standards of the applicable zoning district,

(4)

The subject property is adjacent to a parcel with a residence or is located in an area predominantly developed with residences;

(b)

One (1) caretaker unit per lot, provided that the property has not otherwise been developed with a dwelling unit;

(c)

Tennis and racquet clubs;

(d)

Marinas, including yacht clubs, fueling docks and incidental boat storage sales;

(e)

Recreational vehicle parks, tent camps or campgrounds;

(f)

Noncommercial clubs and lodges, country clubs and golf courses, including miniature golf courses;

(g)

Art, craft, music and dancing schools;

(h)

Business, professional or trade schools and colleges;

(i)

Churches;

(j)

Public playgrounds, private parks, community centers, libraries, museums and similar public uses and buildings;

(k)

Race tracks and appurtenant uses;

(l)

Shooting and archery ranges;

(m)

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;

(n)

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;

(o)

Large residential community care facility;

(p)

Commercial recreation facilities and uses such as indoor and outdoor sports facilities, athletic clubs, amusement parks and health resorts, subject to the limitations on lodging facilities contained in subsection (q) of this section;

(q)

Hotels, motels and similar lodging facilities, subject, at a minimum, to a limit of two hundred (200) rooms in designated urban service areas, one hundred (100) rooms in rural areas which are serviced by public sewer, and a limit of fifty (50) rooms otherwise;

(r)

Visitor-oriented retail businesses which supply commodities such as groceries, or other foods, drugs, notions or hardware. Personal service establishments intended primarily for travelers. All retail sales and service uses shall be conducted entirely within a building;

(s)

Day care center;

(t)

Agricultural cultivation in the following areas, for which a management plan has not been approved by the planning director pursuant to Section 26-42-010(e).

(1)

Within one hundred feet (100′) of the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) of the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) of the top of the bank in designated upland riparian corridors,

(u)

Gymnasiums, health clubs, spas and similar uses;

(v)

Amplified live music;

(w)

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;

(x)

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;

(y)

Weddings, lawn parties or similar activities to be held at a bed and breakfast inn. Outdoor amplified sound may be allowed at these events only if specifically authorized by the use permit;

(z)

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;

(aa)

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;

(bb)

Mixed Use Developments. Additional dwelling units for permanent occupancy as part of a mixed commercial/residential development, provided that: (i) the property is located within an urban service area as defined in the general plan; (ii) that the residential units provide workforce housing serving an existing or proposed commercial use on the property; (iii) that the residential units are provided as affordable to very low- or low-income households, subject to the provisions of Section 26-88-123, Mixed use developments. Notwithstanding Section 26-88-123(b), no more than ten percent (10%) of the total gross project floor space shall be in residential floor area. Residential units provided under this section shall be in addition to the caretaker unit allowed by this zoning district;

(cc)

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;

(dd)

Restaurants serving alcohol, bars, and cocktail lounges.

( Ord. No. 6140, § II(Exh. B) , 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)

Editor's note

The language contained in subsection (cc) was added at the request of the county per a memo dated July 24, 2015.