Chapter 23.27 — ALLOWED USES AND REQUIRED ENTITLEMENTS

23.27.020 Allowed uses and required entitlements.

The purpose of this chapter is to establish allowed land uses and requirements for planning entitlements for each of the City’s base zoning districts. Allowed uses herein are consistent with and implement the City’s General Plan corresponding land use designations as shown in Table 23.27-1 (Allowed Uses and Required Entitlements for Base Zoning Districts). [Ord. 23-2014 §3 (Exh. A), eff. 10-10-2014]

Table 23.27-1 (Allowed Uses and Required Entitlements for Base Zoning Districts) identifies allowed uses and corresponding requirements for land use permits and entitlements for all base zoning districts within the City. Definitions for the land uses listed herein (use classifications) are provided in EGMC Section 23.26.050 (Description of land use classifications). See additional use requirements in Division V of this title (Special Use Regulations). Uses are organized into common categories as follows:

A. Residential uses;

B. Human services uses;

C. Agriculture, animal keeping, and resource uses;

D. Recreation, open space, education, and public assembly uses;

E. Utility, transportation, and communication uses;

F. Retail, service, and office uses;

G. Automobile and vehicle uses; and

H. Industrial, manufacturing, and processing uses.

Any land use shown with a “P” indicates that the land use is permitted by right; “MUP” indicates that the land use is permitted in the designated zoning district upon issuance of a minor conditional use permit; “CUP” indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit (pursuant to EGMC Chapter 23.26); and a hyphen (“-”) indicates that the use is not allowed. Except as otherwise provided for in this title, uses not shown in the table are not permitted. Footnotes provided in the table are listed at the end of the table.

Table 23

Allowed Uses and Required Entitle

Notes to Table 23.27-1

Notes that pertain to all zoning districts concerning any small cell wireless communication facility:

1. Notwithstanding any other provision of this title, any small cell wireless facility located at or within any school shall require an MUP, unless the school is in a zoning district requiring a CUP, in which case a CUP shall be required.

2. Notwithstanding any other provision of this title, fueling stations engaged solely in the charging of electric vehicles shall be permitted by right in all zones.

3. Hydrogen fueling stations shall be permitted by right when the site is either zoned commercial or industrial and does not contain any residential units, or the site was previously developed with a fueling station. Otherwise, the use shall be subject to the permit requirements of this table.

Notes that pertain to the agricultural zoning districts:

1. Allowed as a conditionally permitted use only as part of the expansion of an existing cemetery.

2. Permitted by right if the use is located on a property owned by the school district.

3. Only permitted as part of a winery tasting room.

4. Offices are permitted without retail sales.

5. A conditional use permit is required when the use is located within one (1) or more structures cumulatively greater than twenty thousand (20,000 ft2) square feet. When within one (1) or more structures cumulatively twenty thousand (20,000 ft2) square feet or less, the use is permitted by right.

6. A conditional use permit may only be approved for a winery. All other uses are prohibited.

7. Small cell wireless communications facilities consistent with an agreement between the applicant and the City pursuant to EGMC Section 23.94.035 shall be a permitted use.

8. Short-term rentals are permitted only with a short-term rental license issued and maintained in accordance with EGMC Chapter 4.38. Should a short-term rental have its license revoked, no short-term rental activity may resume at the property until a minor conditional use permit (MUP) is obtained in accordance with EGMC Section 23.16.070. A MUP application may be filed with the City no earlier than one (1) year from the date of revocation of a short-term rental license in accordance with EGMC Chapter 4.38.

9. Only Class Aves, Subdivision Ratitae (such as ostriches, rheas, cassowaries, and emus) may be kept. All other exotic animals are prohibited.

10. Household Pets. Keeping of any combination of five (5) or more dogs, cats, pot-bellied pigs, or pygmy goats over the age of four (4) months on or in any lot, premises, dwelling, building, structure, boat, or living accommodation is considered a kennel for this title. See EGMC Section 8.02.050 for restrictions on the number of animals allowed.

11. Allowed as a conditionally permitted use only as an ancillary use to an approved winery or agricultural tourism use on a parcel (or a combination of parcels) that is a minimum of ten (10) gross acres in size with direct primary public access from one (1) of more major arterials (as defined in the General Plan). Outdoor event center use shall be prohibited on agricultural-residential parcels in the Rural Area Community Plan.

Notes that pertain to the residential zoning districts:

1. In the RD-20 zone only.

2. Repealed by Ord. 12-2022.

3. The following restrictions apply to the keeping of animals in traditional residential zoning districts (see definition of animal keeping for category descriptions):

a. Fowl, limited to chickens only, may only be kept on residential property when consistent with the following:

i. Residents may have up to six (6) chickens in all RD zone districts, as long as the chickens are confined within a clean coop or cage. Such structures must be kept a minimum of five (5' 0") feet from interior side and rear property lines. ii. Notwithstanding the above, residents may have up to twelve (12) chickens if a minimum forty (40' 0") foot buffer is maintained between the area for the chickens and any neighboring property line. Chickens may roam the property as long as the forty (40' 0") foot buffer is maintained through use of a fence, wall, or other barrier. iii. Roosters are not permitted in RD zone districts.

b Household Pets. Keeping of any combination of five (5) or more dogs, cats, pot-bellied pigs, or pygmy goats over the age of four (4) months on or in any lot, premises, dwelling, building, structure, boat, or living accommodation is considered a kennel for this title. See EGMC Section 8.02.050 for restrictions on the number of animals allowed. c. Livestock. Two (2) livestock animals may be permitted for each half (1/2) acre of land. All livestock shall be kept and maintained a minimum distance of forty (40' 0") feet from any property line and a minimum distance of seventy-five (75' 0") feet from any residential dwelling on a neighboring parcel.

4. Permitted as an accessory use to the primary use permitted in the specific zoning district.

5. Permitted by right if the use is located on a property owned by the school district.

3. All activities must be enclosed when the use is located within five hundred (500' 0") feet of any residential (RD) zone.

4. All related activities must be entirely enclosed within a structure.

4. All forms of outdoor speaker amplification associated with the use shall be prohibited unless otherwise authorized in combination with a conditional use permit or minor use permit (if required for the use as provided in Table 23.27-1) or a minor use permit if the use is otherwise allowed by right.

5. All activities occur within a completely enclosed building or within a fenced or otherwise delineated area (see City-adopted design guidelines) directly adjacent to the building, within the property lines.

1. A CUP is required when located within five hundred (500' 0") feet of any agricultural, agricultural residential or residential zoned property or residential use.

2. Permitted by right if the use is located on a property owned by the school district.

3. May only be developed as an accessory use to the primary use of the property.

4. Drive-in and drive-through services are only permitted when associated with banks and financial services and may not be developed or operated with any other use type. Also see relevant regulations in EGMC Chapter 23.78, Drive-In and Drive-Through Facility. 5. The Planning Commission may also consider similar industrial uses within an industrial park subject to approval of a CUP. 6. Conditionally permitted when located on a site designated as light industrial in the General Plan. Otherwise, new freestanding industrial uses not a part of an integrated, industrial development are not permitted.

5. Tasting room and/or retail sales require approval of a minor conditional use permit.

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