§ 26C-81. Permitted uses, subject to site development and erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the General Plan or Coastal Plan, in which case a use permit is required. Only those uses permitted in (a) and (b) are considered principal permitted uses. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards.

(a)

Principal Uses: Agricultural cultivation may be allowed in subsections a. through c. above upon approval of a management plan which includes appropriate mitigations for potential erosion, bank stabilization, and biotic impacts. This plan may be approved by the director of the permit and resource management department or by use permit pursuant to Section 26C-82(b)(2).

(1)

The outdoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops, including wholesale nurseries. Except as noted below agricultural cultivation shall not be permitted in the following areas:

a.

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

b.

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

c.

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

(2)

The indoor growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops, provided that the greenhouse or similar structure for indoor growing is less than one thousand (1,000) square feet.

(3)

On parcels of five (5) acres or less, the raising, feeding, maintaining and breeding of not more than one (1) of the following per twenty thousand (20,000) square feet of area:

a.

Five (5) hogs or pigs;

b.

One (1) horse, mule, cow, or steer;

c.

Five (5) goats, sheep, or similar animals;

d.

Fifty (50) chickens or similar fowl;

e.

Fifty (50) ducks or geese or one hundred (100) rabbits or similar animals.

f.

The above limitations may be modified by the director of the permit and resource management department upon submittal of a proposal statement which describes the extent of the domestic farming use and which is signed by the owners of all property within three hundred feet (300') of the subject property. The director of the permit and resource management department may require the applicant to obtain a use permit if the director determines that the project might be detrimental to surrounding uses.

g.

4-H and FFA animal husbandry projects are permitted without limitation of parcel size, provided that the parcel contains at least twenty thousand (20,000) square feet and provided further a letter of project authorization is first submitted by the project advisor. The director of the permit and resource management department may require the applicant to obtain a use permit when the director determines that the project might be detrimental to surrounding uses.

(4)

On parcels exceeding five (5) acres; raising, feeding, maintaining and breeding of horses, cattle, sheep, goats, and similar animals.

(5)

Incidental cleaning, grading, packing, polishing, sizing, or similar preparation of crops which are grown on site, but not including agricultural processing.

(6)

Temporary or seasonal sales and promotion of agricultural products grown or processed on site (including sampling of non-alcoholic products processed onsite, tours, and educational visits, but not tasting rooms that sell or serve alcoholic beverages or consumption of alcoholic beverages by retail consumers or the public) and incidental storage, of crops which are grown on site;

(7)

Temporary or seasonal sales and promotion of livestock which have been raised on site;

(8)

Boarding, and training of a maximum of five (5) horses which are not owned by the occupant or owner of the property subject to issuance of a zoning permit but not including shows, lessons, clinics or similar related activities. 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;

(9)

Beekeeping.

(b)

Residential Uses.

(1)

Single-family detached dwelling units, in accordance with residential density shown in the General Plan land use element or permitted by a B combining district, whichever is more restrictive. In the event that more than one (1) such dwelling unit is placed on a single lot, the additional dwellings shall be clustered with the primary dwelling in order to minimize roads, drives, and utility extensions. The additional dwellings shall also be subject to design review approval. These unit(s) may be manufactured homes, but only one (1) may be a manufactured home without a permanent foundation.

A manufactured home without a permanent foundation shall require prior approval of a zoning permit notice of which shall be posted at least ten (10) days prior to issuance, during which an appeal may be filed and processed pursuant to Section 26C-331. Issuance of the zoning permit shall be subject, at a minimum, to the following conditions:

a.

The manufactured home shall be at least twelve feet (12') in width except those that are owned and occupied on the effective date of the ordinance codified herein;

b.

The manufactured home shall be skirted; all skirting shall be of a type approved by the state of California;

c.

The manufactured home shall have one (1) patio awning with a minimum dimension of nine feet by twenty feet (9' by 20') and either a garage, carport or awning with a minimum dimension of ten feet by twenty feet (10' by 20') for covered parking;

d.

The manufactured home sites shall be landscaped; and

e.

The manufactured home shall be occupied by the owner of the property or a relative of the owner. The property owner must submit a written affidavit to the permit and resource management department, stating that said recreational vehicle and/or travel trailer will only be used to house persons solely employed on the site of a bona fide agricultural enterprise. The recreational vehicle or trailer shall be immediately removed from the site when it is no longer occupied by persons who are solely employed on the premises site.

(2)

One (1) guest house per lot.

(3)

Temporary farm worker camps consisting of up to four (4) self-contained recreational vehicles and/or travel trailers to house persons solely employed on the site for agricultural purposes for less than ninety (90) days, subject to the following:

The property owner must submit a written affidavit to the planning department, stating that the recreational vehicle and/or travel trailer will only be used to house persons solely employed on the site of a bona fide agricultural enterprise. The camp shall be subject to applicable septic regulations. The recreational vehicle or trailer shall be immediately removed from the site when it is no longer occupied by persons who are solely employed on the premises site;

(4)

One (1) second dwelling unit per lot, pursuant to section 26C-325.1, provided that the water supply for the second dwelling unit is proposed to be located within a designated class 1 or 2 groundwater area. Second dwelling units may be established within designated class 3 water areas only where the domestic water source is located on the subject parcel, or a mutual water source is available; and groundwater yield is sufficient for the existing and proposed use, pursuant to section 7-12 of this code. Second dwelling units may be established within designated class 4 water areas only where a hydro-geologic report, as defined, certifies that the establishment and continuation of the second dwelling unit use will not have significant adverse impacts on local groundwater availability or yield. Approval of any such second dwelling unit is appealable to the coastal commission pursuant to public resources code section 30603. Second units are not allowed on land subject to a Williamson Act contract.

(c)

Other Uses:

(1)

Home occupations. 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;

(2)

Small residential community care facility, except on land subject to a Williamson Act contract;

(3)

Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26C-331 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331. 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)

Small family day care. 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;

(5)

Accessory buildings and uses appurtenant to the operation of the permitted uses. Accessory buildings may be constructed on vacant parcels of two (2) acres or more in advance of a primary permitted use. On vacant parcels less than two (2) acres, accessory buildings may only be constructed if less than one hundred twenty (120) square feet or as incidental to an existing agricultural use. 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;

(6)

Large family day care provided that the applicant shall meet all performance standards listed in Section 26C-325.3, except on land subject to a Williamson Act contract;

(7)

Pet fancier facilities, provided that a pet fancier license is obtained from the division of animal regulation and renewed annually. 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.

(8)

Craft sales and garage sales not exceeding two (2) sales days per calendar year provided that prior notification is given to the California Highway Patrol and that adequate off street parking is provided.

(9)

Attached commercial telecommunication facilities which meet the applicable criteria set forth in Section 26C-325.7.

(10)

Minor free-standing commercial telecommunication facilities, subject to the applicable criteria set forth in Section 26C-325.7 and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article. 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;

(11)

Noncommercial telecommunication facilities eighty feet (80') or less in height subject to the applicable criteria set forth in Section 26C-325.7. Facilities between forty feet (40') and eighty feet (80') in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.

(12)

Small wind energy system, subject to the applicable criteria set forth in Section 26C-325.8.

(d)

Minor timberland conversions subject to compliance with the requirements of Section 26C-327.

(e)

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-81.

(Ord. No. 5963, § VII, 1-31-2012; Ord. No. 5829 § II, 2009; Ord. No. 5429 § 3(a), 2003; Ord. No. 5362 § 2(g), 2002; Ord. No. 5343 § 4, 2002; Ord. No. 5318 § 1, 2001.)

Editor's note

Former § 26C-80. Renumbered by Ord. No. 5963, adopted January 31, 2012.