§ 26-88-122. Live/Work Uses.

(a)

Purpose. This section provides standards for live/work uses. These standards are intended to ensure that live/work uses are incidental and secondary to an otherwise allowed residential use of the site, and compatible with, surrounding residential uses. The standards of this section shall not apply to mixed use developments, which are instead subject to 26-88-123 (Mixed Use).

(b)

Limitations on Uses. The following business activities are prohibited as live/work uses:

(1)

Adult entertainment activities/businesses;

(2)

Animal hospitals and clinics;

(3)

Automotive and other vehicle repair, services, painting, storage, or upholstery, or the repair of engines, including automobiles, boats, motorcycles, trucks, or recreational vehicles;

(4)

Boatmaking;

(5)

Commercial cabinet or furniture making;

(7)

Mobile food vendors such as coffee carts, or tack trucks;

(8)

Gun and weapons sales;

(9)

Uses which involve medical procedures;

(10)

Uses that require the handling of any hazardous (including biologically hazardous) or toxic, materials, substances or wastes (as defined by California or federal law), except for small, nonreportable or unregulated quantities that are used in woodworking, painting, or photography, or in the making of jewelry, ceramics, pottery, and sculpture;

(11)

Uses that require explosives or highly combustible materials;

(12)

Welding, machine shop operations, or metal fabricating (except for artisan metal sculpture); and

(13)

Other uses that the director determines to be similar in character to those listed above.

(c)

Allowable Live/Work Uses. Allowable live/work uses include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that may involve minor use of hazardous or flammable substances as allowed by the department of emergency services; or operations which generate noise, dust, or odors provided that they are determined to be compatible with the surrounding land uses;

(2)

Office uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses;

(3)

One-on-one and group services such as music, art, and dance lessons, tutors, licensed counseling and massage therapy, etc.;

(4)

Tailoring and sewing;

(5)

Limited, brief, pet care services such as grooming (but not doggie daycares or kennels) located outside of urban service areas;

(6)

Furniture refinishing/antique restoration;

(7)

Hair salons, day spas and other uses which generate higher water and sewer demands, and higher customer visits;

(8)

Uses that may trigger building modifications to meet California Building Code requirements related to Americans with Disability Act (ADA) such that a change of occupancy classification is required;

(9)

Other live/work uses which in the opinion of the director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each live/work use shall comply with all of the following:

(1)

Location/Size. The live/work use shall be conducted within one (1) of the following:

(i)

A portion of the dwelling which does not exceed more than twenty-five percent (25%) of the total floor area of the dwelling;

(ii)

A garage or portion thereof which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof.

(2)

Technical Codes. A live/work use shall comply with all of the codes adopted by reference at Sonoma County Code Section 7-13 (including the Uniform Building Code, Uniform Plumbing Code, National Electrical Code, Uniform Fire Code and Uniform Mechanical Code) and shall require building, septic and other clearances determined necessary by the director.

(3)

Utilities. The live/work use shall not require any utility services modification, other than a modification required for normal residential use, that would be classed as commercial or industrial in load or design, and in no event shall electrical current to the home residence or live/work use exceed two hundred twenty (220) volts.

(4)

Exterior Appearance. The live/work use shall not require any change of the residential character or the outside appearance of the dwelling, either by the use of colors, materials, lighting, noise, or signs other than signage permitted by this section.

(5)

Parking Requirements. Live/work uses shall comply with the parking standards set forth in Section 26-88-010(g). The decision maker may modify this requirement to decrease or increase the required parking as appropriate to allow for the reuse of existing structures with limited parking or to accommodate authorized employees and/or customer or client visits. Adequate on-site parking for customers or clients must be demonstrated.

(6)

Signs. A live/work use shall be limited to one (1) attached, nonilluminated, two (2) square-foot sign.

(e)

Operating Requirements.

(1)

Employees. Up to two (2) persons other than residents of the dwelling may be employed, unless otherwise provided by use permit

(2)

Hours of Operation. Customer visits and deliveries shall be limited to the hours or 8:00 a.m. to 6:00 p.m. Monday through Friday, unless otherwise provided by use permit, and shall not occur on state and federal holidays.

(3)

Number of Live/Work Activities. No more than one (1) live/work use is allowed per legal dwelling unit on the property.

(4)

Visits and Deliveries. Not more than eight (8) customers or clients shall be allowed to visit the dwelling for any service or product during any one (1) day, nor more than four (4) customers or clients at any one (1) time. Not more than a total of ten (10) deliveries and/or pickups of materials, goods, supplies or products are allowed in any one (1) week unless otherwise authorized by use permit.

(5)

Commercial Vehicles. No more than one (1) single one (1) -ton or smaller commercial vehicle related to the business activity shall be kept at the dwelling site.

(6)

Outdoor Storage/Activity. No outdoor storage of materials or equipment related to the business activity shall be permitted. No outdoor activity related to the business activity shall be permitted.

(7)

Offsite Effects. No live/work use activity shall result in offsite dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazardous or nuisances as determined by the director.

(8)

Noise. Noise generated by live/work uses shall be consistent with the noise element of the general plan.

(9)

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

(f)

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign affidavits agreeing to abide by and conform to the conditions of the use permit and all provisions of the Sonoma County Code pertaining to the conduct of live/work uses, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the live/work use permit shall in no way permit any activity contrary to the Sonoma County Code, or any activity which would constitute a nuisance under state or local law. The affidavit(s) shall further acknowledge that it is the property owners' and applicant's responsibility to ensure that the live/work use is not contrary to a covenant, code or restriction governing the property.

(g)

Exercise and Duration of Live/Work Permit. Use permits for live/work uses shall be exercised only by the applicant and/or property owner, and shall expire upon change of tenancy or sale or transfer of the property. All use permits issued for a live/work use shall include the following provision: "This use permit shall expire upon change of tenancy or sale or transfer of the property."

(Ord. No. 5569 § 7, 2005.)