§ 26-64-030. Scenic corridors.

The following provisions shall apply to properties along scenic corridors illustrated on Figures OS-5a through OS-5i, inclusive, of the general plan open space element unless otherwise provided herein:

(a)

All structures located within scenic corridors established outside of the urban service area boundaries shown on Figures LU-5a through LU-5i, inclusive, of the general plan land use element shall be subject to the setbacks of thirty percent (30%) of the depth of the lot to a maximum of two hundred feet (200′) from the centerline of the road. Development within the setback shall be prohibited with the following exceptions, where such uses are allowed by the base district with which this district is combined:

(1)

New barns and similar agricultural support structures which are added to existing farm complexes provided that such structures proposed within a state scenic highway or where local design review exists by community choice in an adopted specific or area plan are subject to design review;

(2)

New barns and similar agricultural support structures which do not require a use permit in this chapter; provided, however, that such structures proposed within a State Scenic Highway or where local design review exists by community choice in an adopted specific or area plan are subject to design review;

(3)

Maintenance, restoration, reconstruction or minor expansion of existing structures;

(4)

Certain telecommunication facilities as provided in Section 26-64-040;

(5)

Other new structures provided they are subject to design review and

(i)

They are associated with existing structures,

(ii)

There is no other reasonable location for the structure,

(iii)

The location within the setback is necessary for the use, or

(iv)

Existing vegetation and topography screen the use;

(6)

Compliance with the setback would render the parcel unbuildable;

(7)

Satellite dishes which are not visible from the roadway.

(b)

Where the scenic corridor setback provided for in Section 26-64-030(a), conflicts with the scenic corridor setback along Highway 12 established by Ordinance 1810, the latter shall apply.

(c)

A building setback of twenty feet (20′) shall be applied along the Highway 101 scenic corridor to properties which are within the urban service area boundaries shown on Figures LU-5b, -5c, -5e, -5g, and -5h of the general plan land use element, to be reserved for landscaping.

(d)

Where development occurs on parcels located both within scenic landscape units and adjacent to scenic corridors, the more restrictive provisions set forth in this article shall apply.

(e)

Building permits within the setback established in Section 26-64-030(a) along Bohemian Highway between Occidental and Freestone and Bodega Highway between Bodega and Freestone shall be referred to the county landmarks commission for review and recommendation.

(Ord. No. 4973 § 12(b), 1996; Ord. No. 4643, 1993.)