§ 26C-52. Uses requiring a use permit.

(a)

Sensitive Area Uses.

(1)

Permitted uses listed in Section 26C-51 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the General Plan or Coastal Plan.

(2)

Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area or unique feature designated in the General Plan or Coastal Plan.

(b)

Resource Management Uses.

(1)

Temporary farm worker camps not permitted by Section 26C-51(b).

(2)

The raising, feeding, maintaining, and breeding of poultry, fowl, rabbits, fur-bearing animals, or animals such as veal calves, dairy cows, pigs, hogs, and the like, which are continuously confined in and around barns, corrals and similar areas for other than domestic purposes. Incidental processing and temporary or seasonal sales and promotion of such animals which are raised on site. This subsection shall not be interpreted so as to require a use permit for animals allowed by Section 26C-51(a).

(3)

Agricultural cultivation in the following areas for which a management plan has not been approved pursuant to Section 26C-51(a)(4):

a.

One hundred feet (100') from the top of the bank in the "Russian River riparian corridor."

b.

Within fifty feet (50') from the top of the bank in designated "flatland riparian corridors."

c.

Within twenty-five feet (25') from the top of the bank in designated "upland riparian corridors."

(4)

Indoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops in greenhouses or similar structures of one thousand (1,000) square feet or more.

(5)

Processing of any agricultural product of a type grown or produced on site or in the immediate area, storage of agricultural products grown or processed on site, and bottling or canning of any agricultural product grown or processed on site.

(6)

Livestock feed yards, animal sales yards.

(7)

Commercial aquaculture, provided that, at a minimum, the use does not adversely affect biotic resources and does not take place on prime soils.

(8)

Commercial wood yards, including wood splitting and sales of off-site fuel woods except such uses are not permitted on land subject to a Williamson Act contract.

(9)

Contractor equipment storage for off-site growing and harvesting of forest products, including packing, repairing and storage of equipment so used. Construction of permanent structures will be subject to Article XXIX (Design Review). Such uses are not permitted on land subject to a Williamson Act contract.

(10)

Commercial mushroom farming.

(11)

Slaughterhouses, animal processing plants, rendering plants, fertilizer plants or yards, which serve agricultural production in the immediate area. 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, regulations and ordinances adopted thereunder;

(12)

Lumber, planing, and logging mills, mill ponds and associated uses. Such uses are not permitted on land subject to a Williamson Act contract.

(13)

The development of natural resources with appurtenant structures, including exploration and development of geothermal resources, oil and gas wells, and biomass energy projects. Geothermal energy wells, pipelines, transmission facilities, and associated grading and construction, when conducted within the primary KGRA. 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, regulations and ordinances adopted thereunder.

Hardrock quarry operations may be permitted only if they meet the criteria below:

a.

The operation is consistent with the purpose(s) of the resources and rural development district.

b.

The operation involves five (5) acres of land or less.

c.

The operation results in annual production of five thousand (5,000) cubic yards or less.

d.

The quarry does not include crushing, screening, or batching operations.

e.

The operation is subject to payment of fees and other mitigation measures as may be found consistent with the aggregate resources management plan.

f.

The operation must have an approved reclamation plan.

g.

The operation is located at least four (4) miles from the nearest approved source of aggregate materials.

h.

The operation is not located on land subject to a Williamson Act contract.

Other aggregate mining operations are not permitted unless excepted by Section 26A-05-010 of the Sonoma County Code.

(14)

One manufactured home for the housing of full-time employees of resource related uses conducted on the site. 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, regulations and ordinances adopted thereunder;

(15)

Seasonal farm worker housing that does not meet the road access, occupancy or setback standards of Section 26C-320(k).

(16)

Year-round and extended seasonal farm worker housing that does not meet the road access, occupancy limits, parcel size or setback standards of Section 26C-320(o).

(c)

Other uses, unless such uses are in conflict with agriculture or timber production.

(1)

Game preserves and refuges and hunting clubs, however, any such use on lands subject to a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations.

(2)

Geotechnical studies which involve grading or construction of open roads or pads.

(3)

Home occupations with one (1) nonresident employee, but which otherwise meet the definition of home occupation in Section 26C-12. 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, regulations and ordinances adopted thereunder;

(4)

Noncommercial clubs and lodges, golf courses, and driving ranges, but not including miniature golf courses, except such uses are not permitted on land subject to a Williamson Act contract;

(5)

Public schools; private nursery, primary and secondary schools; places of religious worship; and places of public or community assembly, all subject, at a minimum, to the criteria of General Plan Policy LU-6e, except such uses are not permitted on land subject to a Williamson Act contract;

(6)

Commercial and industrial uses permitted under Section 26C-51 which involve significant quantities (over 100 kg/month) of hazardous materials as defined by Title 22, CAC. Such uses are not permitted on land subject to a Williamson Act contract.

(7)

Private landing strips. On land subject to a Williamson Act contract, such use shall be limited to that necessary for aircraft dedicated to aerial spraying and other agricultural purposes and not for private passenger aircraft for personal convenience and transportation.

(8)

Cemeteries, mausoleums, columbariums, and crematoriums, except such uses are not permitted on land subject to a Williamson Act contract.

(9)

Minor public utility buildings and public service or utility uses (transmission, distribution lines and telecommunications facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, and transformer stations. 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, regulations and ordinances adopted thereunder.

(10)

Fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2 t and which are not otherwise exempt by state law. Such facilities are not permitted on land subject to a Williamson Act contract.

(11)

Intermediate and major free-standing commercial telecommunication facilities subject at a minimum to the applicable criteria set forth in Section 26C-325.7. 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, regulations and ordinances adopted thereunder.

(12)

Noncommercial telecommunication facilities greater than eighty feet (80') in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(13)

Large residential community care facility, except on land subject to a Williamson Act contract.

(14)

Day care center, except on land subject to a Williamson Act contract.

(15)

Bed and breakfast inn of five (5) or fewer rooms, per definition, subject to design review, Article XXIX (Landmarks Commission); and Article 24. No restaurant is permitted, food service is limited to breakfast served to inn guests only, and all public health requirements must be met. No accessory structures shall be used for rental occupancy. A bed and breakfast inn shall have an owner and/or operator in residence within the structure. Nonamplified music lawn parties, weddings or similar outdoor activities may be allowed where specifically included in the use permit. Such facilities are not permitted on land subject to a Williamson Act contract.

(16)

Application of clean dredge material or biosolids from wastewater treatment plants subject, at a minimum, to the criteria of General Plan Policies PF-2 s.

(17)

Commercial composting facilities incidental to the agricultural use, subject to Policy AR-4a of General Plan Agricultural Resources Element. 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.

(18)

Craft sales and garage sales involving three (3) or four (4) sales days per year.

(19)

Retail nurseries involving crops/plants which are not grown on the site, except on land subject to a Williamson Act contract.

(20)

Tasting rooms for agricultural products which are grown or processed on site.

(21)

Veterinary clinics for farm animals and livestock, but not for companion and exotic animals. 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, regulations and ordinances adopted thereunder.

(22)

Commercial stables not permitted under Section 26C-51(a)(3), riding academies, equestrian riding clubs, 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, regulations and ordinances adopted thereunder.

(23)

Recreational vehicle parks, tent camps or campgrounds, lodging and other recreational or visitor serving uses which do not interfere or detract from the purposes of this district, except on land subject to a Williamson Act contract.

(24)

Guest ranches and country inns not exceeding thirty (30) units and which are not located within designated village commercial areas in the Coastal Plan nor on land subject to a Williamson Act contract and further provided that any use permit granted to an operator of a guest ranch/inn to serve food to other than overnight guests is subject to the following limitations:

a.

Dining for other than overnight guests may be allowed only in conjunction with a guest ranch/inn with a minimum of six (6) overnight guest rooms.

b.

The number of overnight rooms plus the number of outside dining patrons cannot exceed thirty (30).

c.

The number of outside dining guests allowed will be determined at the time of use permit consideration based on the formula list in subsection b. above. Guest ranch/inn proprietors may serve one (1) meal only per day to the established allowable number of outside patrons. Such dining arrangements must be made by reservation only.

d.

Dining for other than overnight guests may be allowed only in conjunction with guest ranches/inns located east of Highway 1.

e.

Advertising of dining facilities to serve patrons other than overnight guests at guest ranches/inns shall be prohibited.

f.

Approved on-site signs for guest ranches/inns may include no reference to dining facilities.

g.

Nonamplified music, lawn parties, weddings, or similar outdoor activities may be allowed where specifically included in the use permit.

(25)

Agricultural farmstays, subject to the standards set forth in Section 26C- 325.9, 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.

(26)

Other nonresidential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-52.

(Ord. No. 5963, § VI, 1-31-2012; Ord. No. 5429 § 3, 2003; Ord. No. 5362 § 2(l), 2002; Ord. No. 5343 § 5, 2002; Ord. No. 5318 § 1, 2001.)

Editor's note

Former § 26C-51. Renumbered by Ord. No. 5963, adopted January 31, 2012.