Solano County Zoning Code § 28.72 Residential Uses

A. General Requirements

All dwellings shall conform to the following minimum development and architectural standards:

1. Minimum Development Standards

• a. All dwellings and buildings containing one or more dwelling units shall conform to the setback and height limits applicable in the zoning district in which the building is located unless a different setback or height limit is established in this section for the specific type of dwelling.

• b. The finished first floor of the dwelling shall be a maximum of 30 inches from the exterior finished grade of the lot measured from its highest level where it supports the dwelling, except for an upstairs dwelling unit of a duplex or multifamily dwelling, or an accessory dwelling unit, a junior accessory dwelling unit, or a secondary dwelling that is located above a primary dwelling or a residential accessory building.

• c. A dwelling shall have no more than one kitchen unless a second kitchen has been approved as provided in this chapter.

• d. Each dwelling shall have a separate and independent entrance from either the exterior or an interior common area.

• e. Except in the R-TC-MF District, a duplex and a single-family dwelling may not be located on the same lot unless both buildings are part of an approved dwelling group.

• f. Should the Zoning Administrator determine that a dwelling or a building containing a dwelling unit does not meet these minimum development standards, zoning consistency approval of the building permit shall not be granted.

2. Minimum Architectural Standards

• a. Exterior siding shall be a material commonly found in conventionally built residential structures. Metal siding with a shiny or metallic appearance is not allowed. Siding shall extend to the ground or to the solid concrete or masonry perimeter foundation. Foundation or skirting materials simulating brick, concrete block or stone are permitted.

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• b. Roof eave or gable overhang shall be not less than 12 inches measured horizontally from the vertical side of the dwelling. This standard does not apply to a detached accessory dwelling unit or to a multifamily dwelling with four or more dwelling units.

• c. Roofing material shall be limited to materials commonly found on conventionally built residential structures. Roofing material with a shiny, metallic appearance is not allowed.

• d. A waiver of any of these architectural standards may be granted pursuant to Section 28.108.

B. Specific Requirements

The specific residential uses listed below shall comply with the following specific standards:

1. Primary Dwelling

• a. Minimum Dwelling Size. Except as otherwise provided for in this section, a primary dwelling shall have a minimum gross floor area of 1,000 square feet.

• b. Parking Requirement. Each primary dwelling shall provide a minimum of two offstreet parking spaces composed of a minimum 324 total square feet (typically 18 feet by 18 feet but tandem combinations are acceptable). This may be located within an enclosed garage, carport, or uncovered area. If a garage is provided, its siding and roofing materials shall substantially match those of the primary dwelling.

• c. Number of Primary Dwellings. In any district where primary dwellings are allowed, only one primary dwelling is allowed per lot or parcel.

2. Accessory Dwelling Unit or Junior Accessory Dwelling Unit

An accessory dwelling unit or a junior accessory dwelling unit is allowed by right on a lot within a rural residential or residential-traditional community zoning district, or within a residential zoning district within the Middle Green Valley specific plan area, provided it complies with the following specific development standards:

• a. Parking.

  • (1) One on-site parking space shall be provided for each accessory dwelling unit, as specified in Section 28.94, which may be in the front or side setback area or through tandem parking.

  • (2) When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those covered or enclosed parking spaces previously available for use by the existing primary dwelling do not need to be replaced but one on-site parking space shall be provided for the accessory dwelling unit.

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• (3) Exception . An on-site parking space is not required for an accessory dwelling unit in any of the following instances:

  • i. The accessory dwelling unit is located within one-half mile walking distance of public transit.

  • ii. The accessory dwelling unit is part of the proposed or existing primary residence or a residential accessory structure.

• (4) No additional parking is required for a junior accessory dwelling unit.

• b. Height. The maximum allowable height of an accessory dwelling unit shall be as provided in Table 28.31B or 28.32C, as applicable to the zoning district in which the property is located.

• c. Setbacks.

  • (1) Front. The minimum required front yard or setback of an accessory dwelling unit shall be as provided in Table 28.31B or 28.32C, as applicable to the zoning district in which the property is located.

  • (2) Side and Rear. The minimum required side and rear yard or setback of an accessory dwelling unit shall be four feet from the side and rear lot lines.

  • (3) Exception. No additional setback shall be required when existing living area of a dwelling or an existing residential accessory structure such as a garage is converted to an accessory dwelling unit, or when an accessory dwelling unit is constructed in the same location and to the same dimensions as an existing dwelling or residential accessory structure.

• d. Landscape. The front yard landscaping for a detached accessory dwelling unit shall be consistent with the front yard landscaping for the primary dwelling.

• e. Architectural Review. An attached or a detached accessory dwelling unit shall be subject to architectural review, pursuant to Sections 28.91 and 28.102, to the same extent as the primary dwelling.

• f. Maximum and Minimum Size.

  • (1) The gross floor area of an accessory dwelling unit attached to an existing or proposed primary dwelling shall not exceed 50 percent of the total floor area of the primary dwelling, but in no case shall exceed 1,200 square feet.

  • (2) The gross floor area of a detached accessory dwelling unit in an R-TC zoning district shall not exceed 850 square feet unless the accessory dwelling unit has

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more than one bedroom, in which case the total floor area shall not exceed 1,000 square feet.

• (3) The gross floor area of a detached accessory dwelling unit in an R-R zoning district shall not exceed 1,500 square feet.

• (4) The gross floor area of a junior accessory dwelling unit shall not exceed 500 square feet.

• (5) Minimum Size and Efficiency Dwelling Unit. The gross floor area of an accessory dwelling unit or a junior accessory dwelling unit shall not be less than 380 square feet unless it is an efficiency dwelling unit that provides all of the following: (i) a living room of not less than 220 square feet of floor area plus an additional 100 square feet of floor area for each occupant of such unit in excess of two, (ii) a separate closet, (iii) a kitchen area in the living room consisting of a kitchen sink, cooking appliance, and refrigerator, each having a clear working space of at least 30 inches in front, as well as light and ventilation conforming to the California Building Code, and (iv) a separate bathroom containing a water closet, lavatory, and bathtub or shower.

• g. Impacts to Historical Properties. A secondary dwelling unit or junior accessory dwelling unit shall not be allowed on a property listed on the California Register of Historic Places unless the Zoning Administrator makes a written determination that the unit would not have a significant adverse impact on the historic resource.

• h. Compliance with Density Requirements. The presence of an accessory dwelling unit or junior accessory dwelling unit, in and of itself, shall not cause the lot to exceed the allowable density for that lot. An accessory dwelling unit or junior accessory dwelling unit, occupied by a family as its place of residence, is a residential use that is consistent with the Solano County General Plan in all areas designated residential on Figure LU1 of the General Plan and zoned as part of a residential zoning district pursuant to this chapter.

• i. Rental or Sale of Accessory Dwelling Unit. An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary dwelling but may not be sold or otherwise conveyed separate from the primary dwelling.

• j. Primary Dwelling Required. An accessory dwelling unit shall not be established on a lot unless both of the following are met:

  • (1) The lot is within an R-R or R-TC zoning district.

  • (2) The lot has an existing primary dwelling or is proposed to be developed with a primary dwelling in conjunction with the accessory dwelling unit. A certificate of

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occupancy shall not be issued from an accessory dwelling unit prior to issuance of a certificate of occupancy for the primary dwelling.

• k. Attached, Detached, or Within Primary Dwelling

  • (1) An accessory dwelling unit may be (i) a detached structure, (ii) attached to either the primary dwelling or a residential accessory building on the same lot, including a garage, or (iii) located within the living area of the primary dwelling. If attached to the primary dwelling or a residential accessory building, or located within the living area of the primary dwelling, the accessory dwelling unit shall have an exterior access that is separate and independent from the entrance for the primary dwelling or accessory building to which it is attached or located within.

  • (2) A junior accessory dwelling unit shall be contained entirely within an existing or proposed single-family dwelling. A junior accessory dwelling unit shall have an entrance from the exterior that is separate and independent from the main entrance to the single-family dwelling.

• l. Passageway. A passageway is not required in conjunction with the construction of an accessory dwelling unit. For purposes of this subsection, “passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

• m. Compliance with Building Codes. An accessory dwelling unit or junior accessory dwelling unit shall comply with all building code requirements that apply to a detached dwelling unit, as appropriate.

• n. Approval of Septic Systems by Health Officer. When an accessory dwelling unit or junior accessory dwelling unit utilizes a private sewage disposal system, the unit shall not be occupied unless the system has been approved by, and is operating in compliance with the requirements of the Division of Environmental Health Services.

• o. Fire Sprinklers. An accessory dwelling unit or junior accessory dwelling unit shall not be required to provide fire sprinklers if they are not required for the primary residence.

• p. Accessory Dwelling Unit and Junior Accessory Dwelling Unit on Same Lot. An accessory dwelling unit and a junior accessory dwelling unit are not allowed on the same lot unless all of the following requirements are met:

  • (1) The accessory dwelling unit is detached from the primary dwelling and complies with all applicable development standards.

  • (2) The accessory dwelling unit does not exceed 800 square feet gross floor area.

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• (3) The junior accessory dwelling unit is entirely within the existing space of an existing single-family dwelling, or entirely within the proposed space of a proposed single-family dwelling; provided, that an existing single-family dwelling may be expanded by not more than 150 square feet for the sole purpose of accommodating ingress and egress for the junior accessory dwelling unit.

• (4) When a lot is developed with both an accessory dwelling unit and a junior accessory dwelling unit, neither unit may be rented for a term of 30 days or less.

q. Additional Requirements for Junior Accessory Dwelling Units

• (1) Either the primary dwelling or the junior accessory dwelling unit shall be occupied by the property owner, unless the owner is a governmental agency, land trust, or housing organization.

• (2) Prior to construction of the junior accessory dwelling unit, the property owner shall record a deed restriction, which shall run with the land, that includes both of the following:

  • i. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

  • ii. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with the development standards in this section.

• (3) A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:

  • i. A cooking facility with appliances; and

  • ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

• (4) A junior accessory dwelling unit shall not be rented for a term of 30 days or less.

3. Secondary Dwelling. A secondary dwelling, as permitted in the applicable zoning district, must meet the development standards for a dwelling, as delineated within the applicable zoning district, as well as the following specific development standards:

• a. Minimum and Maximum Size. The gross floor area of a secondary dwelling shall not exceed 2,400 square feet. If the gross floor area of the secondary dwelling is less than 380 square feet, the unit shall be occupied by no more than two people and shall provide all of the following features: (1) a living room of not less than 220 square feet of floor area, (2) a separate closet, (3) a kitchen sink, cooking appliance, and refrigerator, each

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having a clear working space of at least 30 inches in front, as well as light and ventilation conforming to the California Building Code, and (4) a separate bathroom containing a water closet, lavatory, and bathtub or shower.

Notwithstanding these limits, the gross floor area of a detached secondary dwelling shall not exceed 80 percent of the gross floor area of the primary dwelling and the gross floor area of an attached secondary dwelling shall not exceed 50 percent of the gross floor area of the primary dwelling. If the secondary dwelling is established within an existing primary dwelling, the gross floor area of the secondary dwelling shall not exceed 33 percent of the existing gross floor area of the primary dwelling nor result in the gross floor area of the primary dwelling being less than 1,000 square feet.

• b. Minimum Lot Size. Within any A district, a secondary dwelling shall not be constructed or established on any parcel that is smaller than the minimum parcel size required for the district unless one of the following is applicable: (1) the parcel was created in compliance with law prior to January 1, 1984; (2) the parcel is first merged with contiguous property that is under the same ownership, as of the date of the building permit application, to the maximum extent possible consistent with state law; or (3) the dwelling will replace a properly permitted existing secondary dwelling.

• c. Secondary Dwelling and Temporary Dwellings. Only one secondary dwelling is allowed on a lot. A temporary dwelling shall not be located on the same lot as a secondary dwelling except as permitted by Section 28.72.20(B)(3).

• d. Secondary Dwellings and Other Housing Units. A secondary dwelling shall not be allowed on a lot that has a companion living unit, duplex, multiple-family dwelling, rooming or boarding house or other similar accessory housing unit.

• e. Attached/Detached Secondary Dwelling Units. A secondary dwelling may be a detached structure or may be attached to or located within the primary dwelling or another building on the same lot. If attached to or located within the primary dwelling or another building, a separate exterior entrance shall be provided.

• f. Height and Setback Requirements. The height and setback requirements for a secondary dwelling are as provided in the development standards table for the applicable zoning district.

• g. Parking. Parking for a secondary dwelling shall comply with Section 28.94 (one offstreet parking space required, either covered or uncovered).

• h. Sale or Rental of a Secondary Dwelling. A secondary dwelling may not be sold separate from the primary dwelling. A secondary dwelling may be offered for rent and rented only for residential purposes (occupancy longer than 30 days) unless otherwise allowed by this chapter.

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• i. Transient Occupancy and Other Commercial Activity. A secondary dwelling may not be offered for rent or rented for transient purposes (occupancy of 30 days or less) unless such use of the dwelling is otherwise allowed by this chapter. A secondary dwelling shall not be used as a place of commercial or business activity, other than a Type I home occupation conducted entirely within the dwelling and without any employees other than residents of the dwelling, or a business required to be regulated as a residential use of property pursuant to state law.

• j. Utilities and Utility Connections. As part of an application to construction of a new secondary dwelling or to convert an existing structure to a secondary dwelling, the property owner shall demonstrate that adequate potable water supply and wastewater treatment capacity are available to serve both the primary and secondary dwelling.

• k. Manufactured Home. A manufactured home, as defined in California Health and Safety Code Section 18007, may be used as a secondary dwelling if it has been installed on a foundation system as a fixture or improvement to the real property; and provided, that the manufactured home meets all of the regulations of subsection (B)(6)(a) of this section.

4. Duplex or Multi-Family Dwellings (Reserved)

5. Dwelling Group. Dwelling groups located on the same parcel in the R-TC-MF District must meet the applicable development standards delineated in Table 28.32C and the specific building setback and siting requirements as follows:

• a. Where the front of a building abuts the rear of another building (i.e., a front-to-back series) in a dwelling group on the lot, the minimum building separation shall be 20 feet, and the yard providing access shall be no less than eight feet.

• b. Where both the front and rear of a building abut a side yard (i.e., a single row side-toside series) in a dwelling group on the lot, the side yard providing access shall have a width of not less than 12 feet.

• c. Where the rear of a building abuts a side yard and the front faces a court (i.e., a double row side-to-side series) in a dwelling group on the lot, the court shall have a width of not less than 20 feet.

• d. Buildings within a dwelling group on the lot shall be separated by a minimum distance of 10 feet.

• e. No building in any group shall be located on the lot such that the rear thereof abuts on any street right-of-way.

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• f. Distances required between buildings and as yards and courts for dwelling groups on the lot shall be increased by two feet for each story that the height of any building or dwelling group on the lot exceeds two stories.

6. Floating Home

• a. Floating homes must be located within and part of a marina and shall contain no more than one dwelling unit. No living or storage space may be located below the water line.

• b. Must be connected to approved electrical, water and sewage disposal systems, including a permanent continuous hookup to a shoreside sewage system.

• c. The float area shall not exceed a maximum of 1,200 square feet.

• d. The flotation system shall be designed according to accepted marine engineering principles by a licensed engineer.

• e. The height of the floating home shall not exceed 21 feet at highest point measured from water level.

• f. A 10-foot minimum distance shall be maintained between floats or walls. A 10-foot minimum distance shall be maintained between walls of floating homes on opposite sides of a moorage walkway. A five-foot minimum distance shall be maintained between a floating home and any lot line.

7. Nonconforming Secondary Dwelling or Guest House

• a. Nonconforming Secondary Dwelling. A secondary living unit legally existing on the lot prior to October 27, 2006, in an R-R District, June 13, 2008, in an A or R-TC District, and February 1, 2011, in the A-SV-20, ATC, or ATC-NC District which does not comply with the size or setback requirements of this section shall be considered legal nonconforming and subject to the provisions of Section 28.114 (Nonconforming Uses). Such use may continue; provided, that it is not enlarged, increased or otherwise modified and fully complies with any conditions of approval that may have been adopted.

• b. Nonconforming Guest House. A guest house legally existing on the lot prior to October 27, 2006, in an R-R District, June 13, 2008, in an A or RTC District, and February 1, 2011, in the A-SV-20, ATC, or ATC-NC District, and which does not conform to the standards described in Section 28.72.30, shall be considered legal nonconforming and subject to the provisions of Section 28-114 (“Nonconforming Uses”). Such a guest house or building may be converted to a secondary dwelling or an accessory dwelling unit provided all of the following are met: (1) no other secondary dwelling or accessory dwelling unit is on the lot; (2) all facilities necessary to convert the structure to a dwelling, including cooking, sanitation, and parking facilities, shall be

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installed in compliance with County building and zoning standards as applicable; (3) except in an R-R or R-TC District, either the primary residence or the secondary dwelling is owner occupied; and (4) if the structure does not meet the size or setback requirements of this section for a secondary dwelling, it shall be considered legal nonconforming and subject to the provisions of Section 28.114 (“Nonconforming Uses”).

(Ord. No. 1817, §2; Ord. No. 1840, §§20, 21; Ord. No. 1845, §7; Ord. No. 1860, §2; Ord. No. 1867, §7)

• A. General Requirements. This section reserved.

• B. Specific Requirements. The specific temporary residential uses listed below shall comply with the following specific standards:

1. Security Quarters during Construction

• a. Standards. A recreational vehicle, manufactured home or commercial coach may be used, on a temporary basis, to provide security quarters during construction of a permitted use, provided the following standards are met:

  • (1) Building permits have been issued for the construction of the structures;

  • (2) Only one security coach or vehicle shall be allowed on the site;

  • (3) The security coach or vehicle shall be removed upon completion of construction of the structures;

  • (4) A recreational vehicle shall be connected to permanent power and utilities provided by the installation of an RV pad. The RV pad shall be removed at the completion of construction of the structures.

2. Temporary Dwellings. When authorized within the zoning district, a temporary dwelling may be permitted for a temporary, fixed term corresponding to the circumstances of the particular case, and provided an administrative permit or a use permit is first secured by the owner of the lot in each case.

3. Temporary Emergency Dwelling. Notwithstanding the permit requirements otherwise applicable, a temporary dwelling may be utilized to provide emergency replacement housing on any lot where a dwelling is destroyed due to fire, flood or other disaster for a period of up to 18 months with written approval from the Zoning Administrator and without the granting of an administrative permit or use permit.

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3. Kennels, Catteries, Stables and Other Small Animal Uses

• a. Grazing or Keeping of Animals Other Than Hogs. Grazing, or keeping of animals, when permitted in an R District, shall comply with the following standards:

  • (1) Minimum Parcel Size. The parcel size shall be one acre or greater.

  • (2) Maximum Number of Animals. The number of animal units shall not exceed two animal units per acre of ownership.

  • (3) Limitations on Number of Horses. The minimum lot area upon which two or fewer horses may be kept is one acre. One additional horse may be kept for each 20,000 square feet by which the parcel of land exceeds one acre.

  • (4) Keeping of Hogs Prohibited. Hogs are not permitted.

  • (5) Setbacks. Private stables shall be located no closer than 20 feet from the side and rear lot lines, and no closer than 60 feet from the front lot line, and no less than 20 feet from any dwelling unit on the property. Corrals shall be located on the rear half of the lot.

• b. Hog Raising, Residential. The raising of hogs incidental to a dwelling in any R District must meet the following specific development standards:

  • (1) Maximum Parcel Area. The parcel upon which the hogs are kept shall contain a minimum of two net acres.

• (2) Maximum Number of Animals. The total number of hogs kept on such parcel shall not exceed three, one of which may be a brood sow.

  • (3) Limitations on Litters. In the event that the brood sow farrows, the litter resulting therefrom shall be allowed to remain on the premises until the litter is weaned, but in no event for a period longer than 90 days.

  • (4) Operational Requirements. The hogs shall be kept in a clean and sanitary manner, free of offensive odors, flies and rodents, as shall be determined by the County Department of Public Health.

  • (5) Setbacks. The hogs shall be kept within a secure enclosure which is located within the rear half of the parcel and maintained at least 200 feet from all property lines and at least 100 feet distance from any water well.

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• c. Kennels and Catteries, Small. Small kennels and catteries shall:

  • (1) Manage storm water to prevent feed and manure from entering any natural or constructed storm water facility, canal, creek, lake, pond, stream or river;

  • (2) Maintain a setback of 60 feet from any lot for all activities, buildings and uses of the land.

  • (3) Employ best practices to ensure that stray dogs or cats do not trespass onto adjacent public rights-of-way or private lands;

  • (4) Regulate, control or prohibit the accumulation of animal or vegetable matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people.

• d. Small Animal Husbandry. Small animal husbandry shall meet the following standards:

  • (1) Maximum Number of Animals. The total number of small animals kept on one parcel shall not exceed 20 per acre.

  • (2) Operational Requirements. Small animals shall be kept in a clean and sanitary manner, free of offensive odors, flies and rodents as shall be determined by the Department of Resource Management.

  • (3) Limitations on Noise. Small animals that create noise audible on adjacent properties that is deemed by the County to be excessive or not in harmony with the suburban environment shall be confined within enclosures adequate to reduce noise levels such that the noise does not create a public nuisance to surrounding properties.

  • (4) Maximum Number of Roosters. No more than one rooster per acre may be kept, providing further that no more than four roosters may be kept.

  • (5) Setbacks. Small animals that are confined shall be kept within enclosures located at least 60 feet from the front property line, and at least 20 feet from side and rear property lines.

• e. Stable, Private

  • (1) Minimum Lot Area. The minimum lot area upon which two or fewer horses may be kept is one acre. One additional horse may be kept for each 20,000 square feet by which the parcel of land exceeds one acre.

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• (2) Setbacks. Private stables shall be located no closer than 20 feet from the side and rear lot lines, and no closer than 60 feet from the front lot line, and no less than 20 feet from any dwelling unit on the property. Corrals within any TC District shall be located on the rear half of the lot. Private stables shall conform to the development standards in Table 28-70A below:

Table 28-70A Development Standards for Private Stables

• Where the front property line lies within a County road easement, the setback shall be measured from the outer easement line.

(Ord. No. 1817, §28; Ord. No. 1840, §22; Ord. No. 1845, §8; Ord. No. 1867, §8)

A. General Requirements

Commercial uses incidental to a residential use shall comply with the following general standards:

1. Access. Shall provide adequate truck loading area as required by the Zoning Administrator or Planning Commission, together with ingress and egress designed to avoid traffic hazard and congestion. All connections to County roads shall meet the encroachment permit requirements of the Director of Resource Management, which generally include, but shall not be limited to, paving of the connection within the County road right-of-way.

2. Food and Beverage. Food and/or beverages provided for sale and/or consumption must meet all Federal, State and local regulations.

3. Parking. Shall provide off-street parking in accordance with Section 28.94 in addition to paved parking spaces, aisles and pathways for the disabled in accordance with Building Code.

4. Permit Requirements. Shall obtain all necessary approvals with other County departments and from the applicable fire protection district, if required, prior to operation.

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5. Prevent Storm Water Pollution. Shall manage storm water to prevent any processing wastes or byproducts from entering any natural or constructed storm water facility or canal, creek, lake, pond, stream or river.

6. Setbacks. Minimum setback from an adjacent street shall be the same as required for the main building.

7. Signs. All signs shall be installed in accordance with the requirements of Section 28.96.

• B. Specific Requirements. The specific uses listed below shall comply with the general requirements (subdivisions (A)(1) through (7) of this section) and the following specific standards:

1. Cottage Industries

• a. Purpose of Regulations. These cottage industry regulations provide for the accessory use of a dwelling or accessory building(s) on the same parcel as the dwelling for gainful employment involving limited amounts of manufacturing or sales of goods or services. The use must be clearly incidental and secondary to the use of the premises for residential purposes and must not change or adversely affect the residential or rural character of the property or its surroundings.

• b. Types of Cottage Industries. There are two classes of cottage industry: cottage industry – limited, and cottage industry – general.

• c. Use Permit Required. Cottage industries may be permitted in zoning districts as specified in this chapter upon issuance of a use permit. A business license is first secured pursuant to Chapter 14 prior to operation of a cottage industry.

A use permit for a cottage industry may be granted for an unlimited period of years, unless the Zoning Administrator or Planning Commission determines that a shorter period is more appropriate to ensure conformance with the intent and standards of this section or other applicable requirements.

The Zoning Administrator shall be the hearing authority for cottage industry – limited permits and the Planning Commission shall be the hearing authority for cottage industry – general use permits.

• d. General Requirements for All Cottage Industries

  • (1) The cottage industry shall be clearly incidental and subordinate to the use of the premises for residential purposes. Only a resident-occupant of an existing on-site primary residence may operate a cottage industry; a cottage industry cannot exist in the absence of a dwelling unit.

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• (2) Cottage industries shall not produce evidence of their existence in the external appearance of the dwelling, accessory structures or premises, or in the creation of noise, odors, smoke, vibrations or other nuisances to a degree greater than that normal for the neighborhood.

• (3) The conduct of cottage industries shall not prevent the use of the required garage or parking spaces for vehicle parking on a daily basis.

• (4) The site of the cottage industry shall have direct access to a public road or access to a public road or a private road in accordance with the general development standards set forth in Section 28.70.10.

• (5) A maximum of one cottage industry per parcel shall be allowed.

• (6) All aspects of the cottage industry shall be located and conducted within a dwelling unit or enclosed accessory building(s), with the exception of outdoor storage of materials or products as specifically provided by the use permit, when completely screened from the street and adjoining properties. Any accessory building used for a cottage industry must comply with applicable building codes.

• (7) No equipment or process used in the cottage industry shall create noise, vibration, glare, fumes, dust, odors, smoke, electrical interference or other impacts in excess of those customarily generated by single-family residential uses in the neighborhood. The Zoning Administrator or Planning Commission may impose performance standards to address these requirements. Performance standards may include additional setbacks to property lines, screening, soundproofing, restricted hours of operation, or other measures that mitigate the impacts of the business.

• (8) No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; radioactivity, electrical or other disturbances; glare; liquid or solid refuse or wastes; or other substances, condition or element referred to herein as dangerous or objectionable elements in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises.

• (9) The applicant shall submit plans and a complete statement of any proposed machinery, processes and products, and specifications or standards for the mechanisms and techniques to be used in obviating the emission of dangerous and objectionable elements.

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• e. Specific Standards for Cottage Industries – Limited. Cottage industries – limited shall conform to the following additional requirements:

  • (1) Not more than two employees may work on the premises in addition to the members of the family residing on the premises. This limitation applies to all employees who come onto the property on a daily basis, even if they work primarily at off-site locations.

  • (2) The total area occupied by the cottage industry, including storage, shall not exceed 1,500 square feet.

  • (3) There shall be no change in the outside appearance of the building used for the cottage industry or premises, except one nonilluminated sign not exceeding four square feet may be permitted.

  • (4) A maximum 500-square-foot area may be devoted to retail sales. Retail sales are only allowed on site when the merchandise sold was produced by the operator of the cottage industry or is incidental to a service provided by the operator. Businesses that purchase goods wholesale may store those goods on the property, but may not conduct retail sales on the property; such transactions must occur by telephone, online, and by mail. Not more than three delivery vehicles shall access the premises each day.

  • (5) The operator of the cottage industry shall provide sufficient on-site parking to accommodate both customers and employees. One work vehicle and two personal employee vehicles may be parked in public view. Additionally, one customer parking space shall be provided for any retail area. This parking area does not count toward the 1,500-square-foot limitation.

  • (6) A maximum of three large vehicles and one trailer per large vehicle may be kept on the property in connection with a cottage industry. Large vehicles are defined as having a gross vehicle weight rating (GVWR) in excess of 14,000 pounds. Such vehicles may only be stored in an enclosed building in connection with a cottage industry. Storage of large vehicles shall be counted as part of the square footage of a cottage industry.

  • (7) Customers or clients may come to premises during the hours 8:00 a.m. to 6:00 p.m.

• f. Specific Standards for Cottage Industries – General. Cottage industries – general shall conform to the following requirements:

  • (1) Not more than three employees may work on the premises in addition to the members of the family residing on the premises. This limitation applies to all employees who come onto the property on a daily basis, even if they work primarily at off-site locations.

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• (2) The total area occupied by the cottage industry, including storage, shall not exceed 3,000 square feet.

• (3) The parcel on which the cottage industry is conducted must be at least four acres in size, excluding roads, canals, or railroad rights-of-way.

• (4) A maximum 1,000-square-foot area may be devoted to retail sales. Retail sales are only allowed on site when the merchandise sold was produced by the operator of the cottage industry or is incidental to a service provided by the operator. Businesses that purchase goods wholesale may store those goods on the property, but may not conduct retail sales on the property; such transactions must occur by telephone, online, and by mail. Not more than three delivery vehicles shall access the premises each day.

  • (5) The operator of the cottage industry shall provide sufficient on-site parking to accommodate both customers and employees. One work vehicle belonging to the operator and three personal employee vehicles may be parked in public view. Additionally, one customer parking space shall be provided for every 500 square feet of retail area. This parking area shall not count toward the 3,000-square-foot limitation.

  • (6) A maximum of three large vehicles and one trailer per large vehicle may be kept on the property in connection with a cottage industry. Large vehicles are defined as having a gross vehicle weight rating (GVWR) between 14,001 pounds and 26,000 pounds. Such vehicles may only be stored in an enclosed building in connection with a cottage industry. Storage of large vehicles shall be counted as part of the square footage of a cottage industry. Vehicles with a GVWR exceeding 26,000 pounds may not be stored on the property in connection with a cottage industry.

  • (7) No more than one nonilluminated sign not exceeding four square feet may be permitted.

  • (8) Two or more separate businesses, with separate business licenses, may be permitted as a single cottage industry. However, when added together, those businesses cannot exceed the limitations set forth above for a single cottage industry.

  • (9) Customers or clients may come to premises during the hours 8:00 a.m. to 6:00 p.m.

• g. Prohibited Uses. The following uses shall not be permitted as cottage industries:

  • (1) Outside storage of materials and equipment other than permitted vehicles;

  • (2) Concrete crushing, batching or mixing;

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• (3) Corporation yards;

• (4) Motor vehicle and other vehicle repair or maintenance conducted outside;

• (5) Storage of motor vehicles, boats, trailers, mobile or manufactured homes for hire;

• (6) Welding and machining conducted outside;

• (7) Any other use that is not incidental to the residential use of the property or is not compatible with the residential character of the neighborhood.

2. Home Occupations

• a. Purpose of Regulations. These home occupation regulations provide for the accessory use of a dwelling or accessory building(s) on the same parcel as the dwelling for gainful employment involving the manufacture, provision, or sale of goods and/or services. The use must be clearly incidental and secondary to the use of the premises for residential purposes and must not change or adversely affect the residential or rural character of the property or its surroundings. A use permit is not required to conduct a home occupation; however, such use shall be subject to all conditions of this chapter generally, such as off-street parking, and all other permits required under County code, such as building permits and business licenses.

Home occupations may be allowed in any district allowing a residential dwelling, provided a business license is first secured pursuant to Chapter 14. In approving a business license, the Business Licensing Officer must find that the proposed activity will conform to all requirements set forth in this section. In making this finding, the Business Licensing Officer shall rely on the recommendation provided by the Department of Resource Management.

• b. Types of Home Occupations. There are two types of home occupations, as follows: type I home occupation, and type II home occupation.

• c. Type I Home Occupations. Type I home occupations are service-type businesses which require a home office and may require storage of supplies utilized in the business. A type I home occupation requires a business license prior to commencing operations. Type I home occupations must comply with the following standards:

General standards – Type I home occupations

• (1) The particular uses conducted as a type I home occupation, and their operation and appearance, shall not change or disturb the residential or rural character of the premises or its surroundings.

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• (2) The home occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes. All aspects of the home occupation, including storage, shall be conducted entirely within the dwelling unit or enclosed accessory building(s) on the premises. The square footage allocations are as follows:

  • i. The total area used for the home occupation, exclusive of incidental storage, shall not exceed 400 square feet of the habitable floor area of the dwelling. The home occupation may be conducted within a detached building otherwise allowed by zoning and in compliance with applicable building codes, as long as its square footage does not exceed 400 square feet.

  • ii. Incidental storage in an accessory structure not exceeding 120 square feet shall be allowed.

  • iii. Incidental storage in the required enclosed two-car garage shall be permissible; provided, that two cars can still be parked in the garage.

• (3) There shall be no merchandise offered for sale, except that produced on the premises. Internet-based businesses that do not involve the storage of product on site are exempt from this requirement.

• (4) No person other than members of the family residing on the premises shall be engaged in the home occupation.

  • (5) No clients or customers shall come onto the property in conjunction with the business.

  • (6) The use shall not generate traffic in excess of that normally associated with the residential use. Heavy commercial vehicles shall not be used in the home occupation for delivery of materials to or from the premises.

  • (7) No more than one vehicle or truck with a maximum one-ton capacity and one trailer shall be permitted on the site in conjunction with any home occupation.

  • (8) No mechanical or electrical equipment shall be employed other than machinery or equipment typical of the type or specifications used in a hobby or a vocation customarily conducted within the confines of a dwelling unit.

  • (9) The use shall not generate noise, odor, dust, glare, vibration or electrical interference to neighboring properties, or constitute a nuisance, or be detrimental to the health, safety, peace, morals, comfort or general welfare of the public.

• d. Type II Home Occupations. Type II home occupations may involve retail sales of merchandise and service type businesses which require a home office and may require storage of supplies utilized in the business as well as inventories of merchandise. A type

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II home occupation requires both a business license and a home occupation permit prior to commencing operations. Type II home occupations must meet the following standards:

General standards – Type II home occupations

• (1) The particular uses conducted as a type II home occupation, and their operation and appearance, shall not change or disturb the residential or rural character of the premises or its surroundings.

• (2) The home occupation shall not result in any change in the outside appearance of the building or premises, or other visible evidence of the conduct of such occupation, other than one nonilluminated sign not exceeding two square feet.

• (3) The home occupation shall be clearly incidental and subordinate to the use of the premises for residential purposes. All aspects of the home occupation, including storage, shall be conducted entirely within the dwelling unit or enclosed accessory building(s) on the premises. The square footage allocations are as follows:

  • i. The total area used for the home occupation, exclusive of incidental storage, shall not exceed 640 square feet of the habitable floor area of the dwelling. The home occupation may be conducted within a detached building otherwise allowed by zoning and in compliance with applicable building codes, as long as its square footage does not exceed 640 square feet.

  • ii. Incidental storage in an accessory structure not exceeding 120 square feet shall be allowed.

  • iii. Incidental storage in the required enclosed two-car garage shall be permissible; provided, that two cars can still be parked in the garage.

• (4) The sale of merchandise not produced on the premises (except mail order and internet-based businesses) shall be incidental and accessory to the merchandise or service produced by the home occupation.

• (5) No person other than members of the family residing on the premises shall be engaged in the home occupation; provided, however, that one employee shall be permitted when the property on which the home occupation is located is a minimum of two net acres in size.

• (6) Not more than 10 customers or clients shall come to the premises during any one day, restricted to the hours 8:00 a.m. to 8:00 p.m. Not more than three delivery vehicles shall access the premises each day. Businesses shall operate Mondays through Saturdays. Businesses receiving clients on the property shall provide one

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additional on-site parking space beyond those required for any dwellings located on the property.

• (7) The use shall not generate traffic in excess of that normally associated with the residential use. Heavy commercial vehicles shall not be used in the home occupation for delivery of materials to or from the premises.

• (8) No more than one vehicle or truck and one trailer per truck with a maximum oneton capacity shall be permitted in conjunction with any home occupation.

• (9) No mechanical or electrical equipment shall be employed other than machinery or equipment typical of the type or specifications used in a hobby or a vocation customarily conducted within the confines of the dwelling unit.

• (10) The use shall not generate noise, odor, dust, glare, vibration or electrical interference to neighboring properties, or constitute a nuisance, or be detrimental to the health, safety, peace, morals, comfort or general welfare of the public.

3. Rural Resident Enterprise. Rural resident enterprises may be allowed in the Suisun Marsh Agricultural (A-SM) Districts upon securing a land use permit, provided the conditions of this section and all other provisions of this chapter have been or will be met. It is the intent of this section that such uses be limited to small-scale home business activities which are clearly secondary to residential use of the property, do not conflict with the rural character of surrounding properties, or create impacts associated with commercial and industrial uses. Rural resident enterprises are uses which clearly do not compete with commercially or industrially zoned properties and are not likely to expand.

• a. Uses shall not exceed a total area of 1,500 square feet of contiguous indoor or outdoor space of which a maximum of 500 square feet may be devoted to retail sales or services directly involving customers.

• b. Enterprises shall be operated by the resident family only, and there shall not be more than one nonresident employee on site.

• c. Uses shall not be allowed which generate significant amounts of traffic. A permit on a private road which involves an increase in traffic may be approved by the Planning Commission only after evidence is shown that the proposed use will not unduly burden adjacent property owners on the private road.

  • d. Uses which generate traffic beyond that normally associated with rural areas or which may have impacts associated with increased lighting or noise shall be limited to daytime hours.

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• e. Enterprises shall remain secondary to the residential use of the property and shall be located behind the front building line of the residence, and a minimum of 20 feet from side property lines and 25 feet from rear property lines.

• f. When enterprises are to be contained within a building or area exceeding the allowable size limitations, that area to be used for the enterprise shall be physically separated from the remaining area and in no case shall an existing garage be converted to a rural resident enterprise unless additional enclosed parking is provided in conformance with the County’s parking standards.

• g. Signs shall be limited to one nonilluminated name plate not to exceed 20 square feet mounted on or directly adjacent to the residence or proposed use. No advertising signs shall be permitted.

• h. Areas dedicated to outside storage or use shall be adequately screened or fenced so as not to have a visual impact on neighboring properties.

• i. Adequate parking shall be provided as determined necessary by the Zoning Administrator or Planning Commission. Access to the enterprise shall be limited to the existing residential driveway.

• j. Industrial uses, including uses involving heavy machinery, trucking and transportation operations, or uses which involve the use, storage or disposal of hazardous materials, chemicals or other objectionable elements, shall not be permitted.

4. Temporary Subdivision Sales Office

• a. Hours of Operation. Shall be limited to 9:00 a.m. until 6:00 p.m. Monday through Sunday.

5. Hosted Rental

• a. A hosted rental shall be restricted to one single-family dwelling, or one single-family dwelling plus a legally established guest house, which is the primary residence of the hosted rental operator. Hosted rentals shall not be permitted in nonhabitable structures or in tents, RVs, or other provisions intended for temporary occupancy. Only one hosted rental is allowed per parcel. A hosted rental may not be located on the same site as a vacation house rental unless a use permit has been obtained for the combined use. A whole-house vacation rental is not a hosted rental, even if the property owner resides in another dwelling unit on the same property.

• b. Maximum of one guest room or sleeping area.

• c. Limit of one vehicle associated with the transient use.

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• d. Food service, if provided, shall be limited to registered guests and shall comply with the California Retail Food Code.

• e. No weddings, lawn parties, or similar activities shall be permitted.

• f. The property owner shall maintain a properly functioning septic system or sewer connection.

• g. The operation of hosted rental is subject to transient occupancy tax (Chapter 11, Art. II) and requires a business license (Chapter 14). The transient lodging registration certificate and business license shall be posted in a conspicuous place on the premises prior to operation of the business. The operator or authorized agent shall include the TOT certificate number and business license number on all contracts or rental agreements, and in any advertising or websites.

• h. For purposes of the administrative penalty provisions in Chapter 10 and the business license requirements in Chapter 14, this subdivision (B)(5) is part of the County’s shortterm rental ordinance.

(Ord. No. 1793, §4 (Exh. A); Ord. No. 1794, §§2 – 5; Ord. No. 1845, §§9, 10; Ord. No. 1861, §4)