Chapter 26 — SONOMA COUNTY ZONING REGULATIONS[1]

Sonoma County Zoning Code · 2026-06 edition · ingested 2026-07-07 · Sonoma County

Source: library.municode.com (print export)

CHAPTER 26 - SONOMA COUNTY ZONING REGULATIONS[[1]]

Footnotes:

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Editor's note— For cross-reference table of the original zoning ordinance section numbers, see the Tables following Ch. 32.

Article 01. - Applicability of Zoning Districts to General Plan Land Use Categories.

Sec. 26-01-010. - Applicability of zoning districts to general plan land use categories.

Land Use Category Base Zoning District* Base Zoning District* Article
Land Intensive Agriculture LIA Land Intensive Agriculture ..... 26-04
Land Extensive Agriculture LEA Land Extensive Agriculture ..... 26-06
Diverse Agriculture DA Diverse Agriculture ..... 26-08
Resources and Rural Development TP Timber Production ..... 26-14
RRD Resources and Rural Development ..... 26-10
Rural Residential RR Rural Residential ..... 26-18
PC Planned Community ..... 26-26
AR Agriculture and Residential ..... 26-16
Urban Residential RR Rural Residential ..... 26-18
R1 Low Density Residential ..... 26-20
R2 Medium Density Residential ..... 26-22
R3 High Density Residential ..... 26-24
PC Planned Community ..... 26-26
General Commercial CO Administrative and Professional Ofce ..... 26-28
C1 Neighborhood Commercial ..... 26-30
C2 Retail Business ..... 26-32
C3 Heavy Commercial ..... 26-34
PC Planned Community ..... 26-26
Limited Commercial and Limited Commercial - Trafc
Sensitive
CO Administrative and Professional Ofce ..... 26-28
C1 Neighborhood Commercial ..... 26-30
PC Planned Community ..... 26-26
AS Agricultural Services ..... 26-40
LC Limited Commercial ..... 26-36
CR Commercial Rural ..... 26-38
Recreation and Visitor Serving Commercial K Recreation and Visitor Serving Commercial ..... 26-42
General Industrial MP Industrial Park ..... 26-44
M1 Limited Urban Industrial ..... 26-46
M2 Heavy Industrial ..... 26-48
Limited Industrial MP Industrial Park ..... 26-44
M1 Limited Urban Industrial ..... 26-46
M3 Limited Rural Industrial ..... 26-50
Public/Quasi Public PF Public Facilities ..... 26-52
  • The Board of Supervisors may apply other zoning districts to a particular land use category on a case by case basis when determined to be appropriate.

(Ord. No. 6140, § II(Exh. B), 1-5-2016)

Article 02. - In General.

Sec. 26-02-010. - Purpose of chapter.

This chapter is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare. It is also adopted for the following specified purposes:

(a)

To provide for the orderly and beneficial land use of the county;

(b)

To protect the character and social and economic stability of agricultural, residential, commercial, industrial and other communities within the county;

(c)

To protect the public safety and welfare by regulating the location and uses of all structures and land;

(d)

To protect and conserve the scenic, recreational and natural resource characteristics of the county;

(Ord. No. 2392, § 4)

(e)

To provide for the orderly and timely processing of development projects as anticipated by the California Permit Streamlining Act. Development projects do not include rezonings, plan amendments or other applications accompanied by a request for a rezoning or plan amendment.

(Ord. No. 4643, 1993.)

Sec. 26-02-020. - Composition of zoning ordinance.

(a)

The zoning ordinance establishes various districts within the unincorporated territory of the county and designates lawful permitted uses, and uses which may be approved through the use permit process. Within these districts (1) it is unlawful to erect, construct, alter or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or buildings, (2) the height and bulk of future buildings shall be limited, and (3) certain open areas shall be required around future buildings. The various districts also consist of appropriate regulations to be enforced in such district, all as set forth in this chapter.

(b)

In conformance with the open space and public safety elements of the general plan, the county of Sonoma declares that the following articles of this chapter constitute its open space zoning pursuant to Government Code Section 65910:

Article 56 F1 Floodway Combining District
Article 58 F2 Floodplain Combining District
Article 78 B Districts
Article 62 SD Scenic Design Combining
District
Article 68 HD Historic Combining District
Article 64 SR Scenic Resource Combining
District
Article 66 BR Biotic Resource Combining
District
Article 70 G Geologic Hazard Combining
District

(Ord. No. 4643, 1993.)

Sec. 26-02-030. - Numerical references and headings.

The planning director or his or her designee, without following the procedures necessary to amend the provisions of this chapter, may periodically renumber or reletter the sections of this chapter so long as no text changes are made.

(Ord. No. 4643, 1993.)

Sec. 26-02-040. - Zoning permits relative to the general, specific, and area plans.

No ministerial or discretionary permit, such as, but not limited to, rezonings, use permits, variances, building or zoning permits for any use in any district, shall be issued if such rezoning or permit is inconsistent with the Sonoma County general plan or any duly adopted specific or area plans, except that:

(a)

Issuance of a permit for an accessory dwelling unit is exempt from general plan density restrictions.

(Ord. No. 6444, § I, 8-22-2023; Ord. No. 4643, 1993.)

Sec. 26-02-045. - Economic stimulus measures.

Notwithstanding any other provision of this code, the following provisions shall control and prevail for a period of one year following the effective date of this section, unless otherwise amended by subsequent action of the Board of Supervisors:

(a)

Time Extensions. All approved land use entitlements that have not expired by the effective date of this section, and are not related to code violations, are hereby automatically extended for a period of one year from the date of expiration of the entitlement, but not to exceed the period of time allowed on an accompanying tentative map. This extension shall be in addition to any other time extensions allowed under the code.

(b)

Vacation Rentals in the LIA. Notwithstanding the fact that vacation rentals are not listed as an allowable use in Article 04, Land Intensive Agricultural Zoning District, of Chapter 26 of the Sonoma County Code, existing and new vacation rentals that are registered with the Sonoma County Auditor and Tax Collectors office to pay Transient Occupancy Tax and have submitted a complete application for a vacation rental permit within two (2) years of the effective date of this ordinance, may be permitted with a zoning permit, which shall expire upon transfer or sale of the property, provided that they comply with all of the following:

(1)

The vacation rental is within a primary residence and not within a second unit, farm family, agricultural employee, or farmworker unit which have restricted covenants; and the property is not under a Land Conservation Act (Williamson Act) contract;

(2)

The vacation rental complies with all operating standards of Section 26-88-120 of the Sonoma County Code;

(3)

No cultural events, special events, weddings or large gatherings are permitted;

(4)

The septic system serving a vacation rental permitted with a zoning permit shall be properly functioning and shall meet Class 3 standards or better, as verified by a registered Civil Engineer or registered Environmental Health Specialist;

(5)

The owner signs and records a Right to Farm Declaration.

(Ord. No. 6063, § II, 4-15-2014; Ord. No. 5941, § I, 5-10-2011; Ord. No. 5929, § II, 4-12-2011)

Sec. 26-02-050. - Reserved.

Editor's note— Ord. No. 6444, § II, adopted Aug. 22, 2023, repealed § 26-02-050, which pertained to Sonoma Valley residential growth management plan and derived from Ord. No. 4527; and Ord. No. 4643, adopted in 1993.

Sec. 26-02-060. - Reserved.

Editor's note— Ord. No. 6444, § III, adopted Aug. 22, 2023, repealed § 26-02-060, which pertained to Sonoma County Area No. 6 residential growth management plan and derived from Ord. No. 4643, adopted in 1993.

Sec. 26-02-070. - Applicability of chapter to governmental units.

Provisions of this chapter shall apply to cities, special districts and state or federal governments or any agency of such governmental units, to the extent legally permissible. The provisions of this chapter shall not apply to public projects of the county. Private projects on leased lands owned by the county are not public projects of the county.

(Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4643, 1993.)

Sec. 26-02-080. - General plan conformity of certain open space acquisitions.

In accordance with section 2-76 of this code, the board of directors of the Sonoma County agricultural preservation and open space district shall make the general plan conformity reports, as required by Government Code section 65402, for the district's acquisition of open space interests in real property in the

unincorporated area of Sonoma County, and any related transactions including, but not limited to, those that result in an acquired interest being held by another public entity.

(Ord. No. 5180 § 2, 1999.)

Sec. 26-02-090. - Base districts enumerated.

The districts established by this chapter are as follows:

RR Districts Rural Residential Districts
R1 Districts Low Density Residential Districts
R2 Districts Medium Density Residential Districts
R3 Districts High Density Residential Districts
K Districts Recreational Districts
CO Districts Administrative and Professional Ofces Districts
C1 Districts Neighborhood Commercial Districts
C2 Districts Retail Business Districts
C3 Districts General Commercial Districts
MP Districts Industrial Park Districts
M1 Districts Limited Urban Industrial Districts
M2 Districts Heavy Industrial Districts
M3 Districts Limited Rural Industrial Districts
PC Districts Planned Community Districts
PF Districts Public Facilities Districts
P Districts Parking Districts
TP Districts Timberland Production Zone Districts
LIA Districts Land Intensive Agriculture Districts
LEA Districts Land Extensive Agriculture Districts
DA Districts Diverse Agriculture Districts
RRD Districts Resources and Rural Development Districts
AR Districts Agriculture and Residential Districts
AS Districts Agricultural Services Districts
LC Districts Limited Commercial Districts
CR Districts Commercial Rural Districts

(Ord. No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 4643, 1993.)

Sec. 26-02-100. - Combining districts enumerated.

In addition to the districts enumerated in Section 26-02-090, the following combining districts are established as set forth in this chapter:

Combining District Article
S Study Combining District 54
F1 Floodway Combining District 56
F2 Floodplain Combining District 58
AH Afordable Housing Combining District 59
RE Renewable Energy Combining Zone 60
LG Local Guidelines Combining District 63
SR Scenic Resources Combining District 64
RC Riparian Corridor Combining Zone 65
BH Biotic Habitat Combining District 66
VOH Valley Oak Habitat Combining District 67
HD Historic Combining District 68
--- --- ---
G Geologic Hazard Area Combining District 70
MR Mineral Resource Combining District 72
Z Second Unit Exclusion Combining District 76
X Mixed Occupancy Combining Zone 77
B B Combining District 78
TS Trafc Sensitive Combining District 80

(Ord. No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 4991 § 1, 1996; Ord. No. 4774 § 1(A), 1994: Ord. No. 4643, 1993.)

Sec. 26-02-110. - Establishment of districts generally.

The districts indicated in Sections 26-02-090 and 26-02-100 are established or may be established by progressive amendments to this chapter. The designations, locations, and boundaries thereof are set forth and indicated in the official zoning database. Such database, and all notations, references, data, and other information shown therein are hereby made a part of this chapter, or may be made a part of this chapter by the progressive amendment thereto.

(Ord. No. 6051, § I, 11-5-2013; Ord. No. 5739 § 1, 2007: Ord. No. 4643, 1993.)

Sec. 26-02-120. - Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of any of the districts, the board of supervisors, upon written application or upon its own motion, shall determine the boundaries of such district.

(Ord. No. 4643, 1993.)

Sec. 26-02-130. - Official zoning database.

The official zoning database shall consist of an electronic database which shall contain zoning data for properties under provisions of Section 26-02-110, and shall be available at the Sonoma County permit and resource management department.

(Ord. No. 5739, § 1, 2007; Ord. No. 4643, 1993.)

Sec. 26-02-140. - Reserved.

Editor's note— Ord. No. 6335, § II, adopted Feb. 9, 2021, repealed § 26-02-140, which pertained to definitions. See Ordinance List and Disposition Table for a detailed history of derivation.

Article 04. - Glossary.[[2]]

Footnotes:

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Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 04, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 04 pertained to LIA Land Intensive Agriculture District and derived from Ord. No. 4643, adopted in 1993; and Ord. No. 5964, § III, adopted Jan. 31, 2012.

Sec. 26-04-010. - Purpose.

This article provides definitions of terms and phrases used in the zoning ordinance that are technical or specialized, or which may not reflect common usage. Uses are defined separately in Chapter 26, within the use standards articles. If any of the definitions in this article conflict with others in this chapter or elsewhere in the county code, these definitions shall control for only the provisions of this zoning ordinance. If a word is not defined in this chapter or in other chapters of the zoning ordinance, the director shall determine the appropriate definition.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-04-020. - Definitions.

A.

"A" Terms.

1.

Accessory Dwelling Unit (ADU). See Section 26-24-020 for definition and development standards.

2.

Accessory Renewable Energy System. An on-site renewable energy system, including but not limited to wind, bioenergy, solar, low-temperature geothermal heating systems, geothermal heat pump systems, and fuel cells and combinations thereof, where the energy generated is used primarily to meet the energy

demands of the lawful use on the property where the system is located.

3.

Accessory Structure, Residential. A structure, which is accessory to and incidental to a dwelling on the same lot.

4.

Accessory Structure, Agricultural. A structure, primarily used in support of agricultural operations and which is located on the same lot as the agricultural operation.

5.

Accessory Use. A use of land or a building that is related to and subordinate to the primary use of the land or building located on the same lot. (Compare with "secondary use")

6.

Administrative Citation. A written citation on a form approved by the director, issued to any person or entity responsible for creating or allowing a violation of the provisions of the county code, when the agent of the county determines that a violation has occurred.

7.

Affordable Housing. Affordable ownership or affordable rental housing as defined in this article.

8.

Affordable Housing Agreement. A contract with the county executed by the developer of a residential project that limits the sales price and/or monthly rent of specified dwelling units within the project, establishes a time period during which the specified units shall continue to be sold and/or rented at affordable prices, and which may contain administrative, enforcement or other provisions to ensure that the specified units are sold and/or rented to targeted households at affordable sales prices and/or monthly rent over the entire term of the agreement.

9.

Affordable Housing Project. A project that is granted a density bonus in exchange for the provision of affordable ownership housing, or affordable rental housing, which affordable housing, or a portion thereof, is subject to an affordable housing agreement pursuant to Section 26.89.100.

10.

Affordable Housing Unit, Restricted. A unit of affordable rental or affordable ownership housing that is subject to an affordable housing agreement recorded and maintained in accordance with Sections 26.89.080 (ownership unit occupancy and long-term restrictions) and 26.89.090 (rental unit occupancy and long-term restrictions).

11.

Affordable Ownership Housing. Home ownership housing for which the monthly housing costs (principal and interest payment on a thirty-year, fixed-rate, fully amortized first mortgage, homeowners insurance, property taxes, and, as applicable, homeowners association dues and private mortgage insurance) do not exceed thirty percent (30%) of the maximum allowable income as established by the U.S. Department of Housing and Urban Development for extremely low-, very low-, low-, and moderate-income households, adjusted for household size; assuming that household size will equal the number of bedrooms contained within the unit, plus one (1).

12.

Affordable Rental Housing. Rental housing for which the monthly housing costs (rent plus tenant-paid utilities) do not exceed thirty percent (30%) of sixty percent (60%) of median area income as established by the U.S. Department of Housing and Urban Development (HUD) for a low-income household, adjusted for household size, and, not more than thirty percent (30%) of fifty percent (50%) of HUD median area income for a very low-income household, adjusted for household size, and not more than thirty percent (30%) of thirty percent (30%) of HUD median area income for an extremely low-income household, adjusted for household size, assuming that the household size will equal the number of bedrooms contained within the unit, plus one (1).

13.

Agent of the County. Any county employee or authorized representative of the County, or a designated county contractor, charged with the authority to implement or enforce any provision of the county code.

14.

Agency having jurisdiction. The agency having delegated authority to adopt, determine, mandate or enforce ordinances and regulatory requirements established by the county of Sonoma and other jurisdictional governing bodies.

15.

Agricultural Crop. Any cultivated crop grown and harvested for commercial purposes, except for cannabis and other controlled substances, which are defined and classified separately.

Agricultural Employee. A person employed in the operation of an agricultural enterprise.

16.1.

Agricultural Employee Housing. See Section 26-18-030 for definition and development standards.

17.

Agricultural Enterprise. An operation of a property owner/operator that derives their primary and principal income from the production of agricultural commodities for commercial purposes, including but not limited to the following: growing of crops or horticultural commodities; breeding and raising of livestock, poultry, bees, furbearing animals, horses; agricultural processing; and preparation of commodities for market. An agricultural enterprise excludes boarding of horses, forestry and lumbering operations, and commercial transportation of prepared products to market.

18.

Agricultural Lands. Land designated in the general plan within an agricultural land use category.

19.

Agricultural Processing. The act of changing an agricultural product from its natural state to a different form, as grapes to wine, apples to juice or sauce, agricultural crops to extracted oils, etc.

20.

Agricultural Production. Production of food, fiber and plant materials, including, but not limited to, growing, harvesting, crop storage and milking, etc., but not including agricultural support services, processing and visitor-serving uses.

20.1.

Agricultural Support Services. See Section 26-18-050 for definition and development standards.

20.2.

Airfields and Landing Strips: Agricultural or Personal. See Section 26-030-020 for definition and development standards.

20.3.

Airfields and Landing Strips: Restricted Use. See Section 26-30-030 for definition and development standards.

20.4.

Alcoholic Beverage Sales. See Section 26-26-020 for definition and development standards.

20.5.

Animal Keeping: Beekeeping. See Section 26-18-060 for definition and development standards.

20.6.

Animal Keeping: Confined Farm Animals. See Section 26-18-070 for definition and development standards.

20.7.

Animal Keeping: Farm Animals. See Section 26-18-080 for definition and development standards.

20.8.

Animal Product Processing. See Section 26-20-020 for definition and development standards.

Antenna. The transmitting and/or receiving device, including wires, rods, discs, or similar devices, that transmits or receives electromagnetic signals. 22.

Antenna, Vertical. A vertical type antenna with no horizontal components other than a small radial element at its base.

22.5.

Applicant - Cannabis. A person that is applying for a permit to engage in commercial cannabis activity pursuant to this chapter.

22.6.

Aquaculture. See Section 26-18-110 for definition and development standards.

Arboreal Value. A mathematical evaluation of the arboreal component of a site for the purposes of establishing a plan for tree preservation.

Attached Commercial Telecommunication Facility. A commercial telecommunication antenna which is affixed, fastened, or joined to a residence, business, or similar structure, other than another telecommunication facility, and which does not include a tower.

25.

Applicant. Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks county permits and approvals.

B.

"B" Terms.

1.

Banks and Financial Institutions. See Section 26-28-030 for definition and development standards.

1.5.

Bar, Tavern, Nightclub. See Section 26-26-030 for definition and development standards.

1.6.

Base Unit. A dwelling unit allowed on a site by the applicable zoning district, but not including an accessory dwelling unit, farmworker housing, farm family unit, agricultural employee housing, or density bonus unit.

2.

Biodiesel. A liquid fuel intended for consumption by compression ignition engines that is produced by chemical modification of plant oil, animal fat, or algae feedstock. Production involves reacting the feedstock with an alcohol such as ethanol in the presence of a catalyst.

3.

Bioenergy. Renewable energy made available from materials derived from feedstocks that consist of recently living organisms or their metabolic by- products from sources such as farming, forestry, and biodegradable industrial and municipal waste.

4.

Biosolids. Sewage sludge that has been treated, tested and shown to be capable of being used beneficially as a soil amendment for agricultural, silvicultural, horticultural, and land reclamation activities.

5.

Biotic Resources. Unique or significant plant or animal communities including estuaries, fresh and salt water marshes, tideland resources, riparian corridors and certain terrestrial communities as set forth in the general plan.

6.

Base Zoning District. The primary zoning, as distinguished from a combining zone, that applies to a parcel of land as shown on the zoning map.

Board. The Sonoma County Board of Supervisors.

8.

Building. See "structure."

8.5.

Building and Landscape Materials Sales. See Section 26-26-040 for definition and development standards.

9.

Building, Accessory. A subordinate building, the use of which is incidental to that of the main building on the same lot or building site.

10.

Building Coverage. The percentage of total lot area covered by structures, provided that pavement, driveways, uncovered decks less than thirty inches (30″) in height, and roof overhangs less than two feet (2′) wide may be excluded.

11.

Building Envelope. A defined location or locations on a lot.

Building, Main. A building in which is conducted the principal use of the lot or building site on which it is situated.

Building Site Area. An area of land which may be smaller than a recorded lot or parcel occupied or to be occupied by a main building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open areas as are required by the terms of this chapter.

14.

Building Permit. A permit issued in compliance with the county code to allow construction of a structure or other physical improvement.

15.

Business Area. Property contiguous to a highway that (a) upon one (1) side of which highway, for a distance of six hundred feet (600′), fifty percent (50%) or more of the contiguous property fronting thereon is occupied by a permanent business use, or (b) upon both sides of which highway, collectively, for a distance of three hundred feet (300′), fifty percent (50%) or more of the contiguous property fronting thereon is so occupied. A business area may be longer than the distances specified in this section if the above ratio of land in use for business to the length of the highway exists.

15.5.

Business Support Services. See Section 26-28-040 for definition and development standards.

16.

By Right. A land use, structure, or activity allowed if it complies with applicable zoning ordinance requirements and no discretionary approval is required.

C.

"C" Terms.

1.

California Environmental Quality Act (CEQA). California State law (Public Resources Code Section 2100 et seq.) requiring government agencies to consider the environmental consequences of their actions before taking action on a proposed project.

1.5.

Camp, Organized. See Section 26-22-020 for definition and development standards.

1.6.

Campgrounds. See Section 26-22-030 for definition and development standards.

2.

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis is classified as an agricultural product separately from other agricultural crops.

3.

Cannabis Business Owner. A person with an aggregate ownership interest of twenty percent (20%) or more in the person applying for a permit, unless the interest is solely a security, lien, or encumbrance; the chief executive officer of a nonprofit or other entity; a member of the board of directors of a nonprofit; the trustee(s) and all persons that have control of the trust and/or the commercial cannabis business that is held in trust; and/or an individual who will be participating in the direction, control, or management of the person applying for a permit.

4.

Cannabis Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

5.

Cannabis Cultivation Area. The total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the dripline of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.

6.

Cannabis Cultivation - Indoor. Cannabis cultivation within any type of structure using exclusively artificial lighting.

Cannabis Cultivation - Mixed-Light. Cannabis cultivation in a greenhouse or other similar structure using natural light, light deprivation, and/or any combination of natural and supplemental artificial lighting.

8.

Cannabis Cultivation Outdoor. Cannabis cultivation using no artificial lighting conducted in the ground or in containers outdoors.

9.

Cannabis Cultivation Site. The premises where commercial cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or where all or any combination of those activities occurs.

10.

Cannabis Cultivation Type. The type of cultivation is classified as outdoor, indoor or mixed-light as defined herein, consistent with the state licensing scheme.

10.5.

Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer, including use by a retailer of any technology platform owned and controlled by the retailer.

11.

Cannabis Dispensary. A facility where cannabis, cannabis products, or devices for the use of cannabis are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale.

12.

Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products between licensees.

13.

Cannabis License. A license issued by the state of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

Cannabis Licensee. Any person issued a license by the state of California under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

15.

Cannabis Manufacturer. A person that conducts the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

16.

Cannabis Manufacturing. All aspects of the extraction process, infusion process, and packaging and labeling processes, including preparing, holding, or storing of cannabis products. Manufacturing also includes any preparing, holding, or storing of components and ingredients.

17.

Cannabis Medical. Any cannabis or cannabis product intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

18.

Cannabis Operator. The individual authorized to represent the person applying for or operating pursuant to a permit authorizing any commercial cannabis activity pursuant to this chapter.

19.

Cannabis Product. Cannabis that has undergone any process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

20.

Cannabis Testing Laboratory. A laboratory, facility, or entity in the state of California that offers or performs tests of cannabis or cannabis products.

Cannabis Transport. The physical movement of cannabis or cannabis products from one (1) licensed premises to another licensed premises.

21.5.

Caretaker Dwelling. See Section 26-24-080 for definition and development standards.

Carport. An accessible and usable covered space not less than ten feet (10′) by twenty feet (20′) open on two (2) or more sides for the storage of automobiles.

22.5. Cemetery. See Section 26-28-050 for definition and development standards. 23. Certified Arborist. Any person who has current certificate from the International Society of Arboriculture. 23.5. Civic institution. See Section 26-22-040 for definition and development standards. 24. Co-Generation. The successive production of electrical or mechanical energy and useful heat energy. 25.

Co-Located Telecommunication Facility. A telecommunication facility which is comprised of a single tower containing a combination of antennas owned or operated by more than one (1) public or private entity.

26.

Combining District. A district whose Regulation may supplement any other district except another combining district; for example, "RR" combined with "SR" (RR SR) adds the requirements of the scenic resource combining district.

26.1.

Commercial Cannabis Activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

26.2.

Commercial Horse Facilities and Stables. See Section 26-28-060 for definition and development standards.

26.3.

Commercial Kennel. See Section 26-28-070 for definition and development standards.

27.

Commercial Renewable Energy Facility. An energy generation facility using renewable fuel sources, including but not limited to wind, bioenergy, solar, geothermal, and fuel cells and combinations thereof, where the energy generated is used to meet off-site energy needs. Commercial renewable energy facilities are subject to the general development standards set forth in Section 26-88- 200(b) as well as any applicable special use regulation.

28.

Community Choice Aggregator (CCA). As defined in Public Utilities Code Section 331.1 refers to any of the following entities, if that entity is not within the jurisdiction of a local publicly owned electric utility that provided electrical service as of January 1, 2003: any city, county, or city and county whose governing board elects to combine the loads of its residents, businesses, and municipal facilities in a communitywide electricity buyers' program or any group of cities, counties, or cities and counties whose governing boards have elected to combine the loads of their programs, through the formation of a joint powers agency established under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

28.5.

Community Meeting Facilities. See Section 26-22-050 for definition and development standards.

Community Supported Agriculture. A system by which people purchase, typically through monthly subscription, a share from a local farm and periodically receive fresh produce or other agricultural products produced or processed on site.

Companion Animals. Animals normally maintained in a home as pets.

Composting. The controlled or uncontrolled biological decomposition of organic wastes.

32.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, commercial or industrial building on such property (See Civil Code Section 783.) A condominium may also include a separate interest in other parts of the real property. For purposes of this chapter, and to the extent reasonably feasible, the term condominium apartment building and a stock

cooperative, as each are defined by Sections 1103-4 of the Business and Professions Code. The creation of two (2) or more condominiums may be termed a condominium project.

33.

Condominium Conversion. The subdivision of real property containing an apartment building or buildings or dwelling group into a condominium project, a planned unit development project, a community apartment project, or a stock cooperative project.

33.5.

Congregate Housing. See Section 26-24-090 for definition and development standards.

34.

Contiguous Riparian Vegetation. Riparian vegetation that is physically touching or adjacent, and not separated by features like roads, developed land, or cropland.

34.1.

Cottage Food Operation. See Section 26-24-100 for definition and development standards.

34.2.

Cottage Housing Development. See Section 26-24-110 for definition and development standards.

34.3.

Country Club. See Section 26-22-060 for definition and development standards.

County. The unincorporated portions of Sonoma County.

36.

County Boundary. The boundary of the county, or the boundary of any city in the county.

Cropland. Land devoted to the production of agricultural crops.

38.

Cultural Events. See "periodic special events."

D.

"D" Terms.

1.

Damage to a protected tree. Significant injury to the root system or other parts of a tree including burning, application of toxic substances, damaging through contact with equipment or machinery or compacting the soil within the dripline, changing the natural grade, interfering with the normal water requirements of the tree, trenching or excavating within the dripline, or removing more than one-third of the live wood.

1.5.

Day Care Center. See Section 26-28-080 for definition and development standards.

2.

Decision maker. The director, the design review committee, the zoning administrator, the planning commission, or the board of supervisors, as appropriate.

3.

Density Bonus. A density increase allowed pursuant to Section 26.89.050 (density bonus programs) over the otherwise maximum allowable residential density permitted in the applicable zoning district. (See "residential density.")

4.

Density Bonus Unit. A dwelling unit allowed in a project by the County in addition to base units pursuant to Section 26.89.050 (density bonus programs).

Department. The Sonoma County Permit and Resource Management Department.

Designated Stream. A river or stream mapped or identified in the Open Space and Resource Conservation Element of the general plan, or in an adopted area plan or specific plan or other adopted stream protection standards, guidelines, or mitigation measures.

7.

Development Fee. The impact fees established by the board of supervisors for development including, but not limited to, special area development fees, countywide traffic development fee, parkland dedication fee and affordable housing in-lieu fee. Development fee does not include fees established by special districts or school districts.

8.

Development Incentive. See "Incentive."

9.

Development permit. A discretionary permit or approval including, but not limited to; subdivisions, use permits, precise development plans, lot line adjustments, variances, design review and zoning permits. Ministerial permits not accompanied by any other type of discretionary review or approval are exempt from this definition.

10.

Development Standard. For purposes of Article 89 (affordable housing program requirements and incentives), a site or construction standard or condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

11.

Diameter At Breast Height (Dbh). The average diameter of a standing live tree measured outside the bark, at breast height, a point four and one-half feet (1.37m) above the average ground level. For trees that are multi-stemmed at this height, diameter at breast height shall be calculated by measuring each stem individually and combining the results. Diameter at breast height may be calculated by measuring the circumference of a tree at breast height and dividing by 3.14.

12.

Director. The Sonoma County Permit and Resource Management Director or the director's designee.

13.

Disabled Household. A household with at least one (1) person who has a physical, developmental, or mental impairment that substantially limits one (1) or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working (Source: 24 CFR Part 8, Sec. 8.3).

14.

Discretionary Approval. Action by the county by which individual judgement is used as a basis to approve or deny an application.

14.5.

Dispatch Facility. See Section 26-30-040 for definition and development standards.

Distributed Energy System or Facility. A small-scale electricity generation system or facility that is interconnected to the distribution network. Distributed energy systems primarily serve on-site uses, while distributed energy generation facilities generate power for both on- and off-site power needs.

District. See "zoning district."

17.

Drip Line. The area identified by extending a vertical line from the outermost portion of the limb canopy to the ground with its axis parallel to the trunk.

18.

Dwelling Group. A group of two (2) or more detached or semi-detached, one (1) family duplex or multiple dwellings situated upon a permanent foundation, occupying a parcel of land having any yard, court or area in common.

19.

Dwelling Unit. See "Residential - dwelling unit."

E.

"E" Terms.

Education Institutions: Colleges and Universities. See Section 26-22-070 for definition and development standards.

1.1.

Education Institutions: Elementary and Secondary schools. See Section 26-22-080 for definition and development standards.

1.2.

Education Institutions: Specialized Education and Training. See Section 26-22-090 for definition and development standards.

1.3

Efficiency Kitchen. A cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

1.4.

Electric Vehicle Charging Station. A station that is designed and built in compliance with Article 625 of the California Electrical Code to charge electric or partially electric vehicles.

2.

Emerging Renewable Technology. Technology that uses a renewable power source, such as solar or wind energy, to generate electricity, and that has emerged beyond the research and development phase, is commercially available, and has significant commercial potential as determined by the Energy Commission. Emerging renewable technologies include photovoltaic, solar thermal electric, fuel cells using a renewable fuel, and small wind turbine technology no greater than fifty (50) kilowatts in size.

3.

Employment Node. An area of contiguous parcels within an urban service area that encompasses at least three (3) acres of commercial-zoned land, ten (10) acres of industrial-zoned land, or a combination that provides an equivalent ratio.

4.

Exotic Animal. Any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

5.

Extremely Low-Income Household. A household whose gross annual income does not exceed thirty percent (30%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

F.

"F" Terms.

1.

Family Day Care Home. See Section 26-24-150 for definition and development standards.

1.1

Farm Animal. Any animal, other than wild or exotic, customarily kept or raised by humans for companion and/or commercial purposes.

1.2.

Farm Equipment and Supplies Sales and Rental. See Section 26-26-050 for definition and development standards.

2.

Farm Family Dwelling. An additional single-family dwelling incidental to the main dwelling in terms of size, location and architecture which is not leased, subleased, rented or subrented separately from the main dwelling nor divided by sale, and which is inhabited by a member of the farm operator's family.

2.5.

Farm Stand. See Section 26-18-150 for definition and development standards.

3.

Farm Retail Sales Facility. A small-scale retail facility for year-round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator, and pre-packaged goods processed from onsite agricultural production, excluding alcoholic products. See use regulation 26-18-140. See also tasting room or farm stand.

4.

Farmworker. See "agricultural employee."

Farmworker Housing. See Section 26-24-120 for definition and development standards.

6.

Feed Yard/Lot. Corrals or holding areas for the primary purpose of holding or feeding animals for market and not incidental to a farm or ranch.

7.

Fertilizer Plants. See Section 26-20-030 for definition and development standards.

8.

Final Inspection. The same meaning as described in the Uniform Building Code, as modified and adopted in Chapter 7 of the county code.

8.5.

Firewood Yard. See Section 26-20-030 for definition and development standards.

9.

First Time Home-Buyer. As defined by the CDC and set forth in its Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC.

10.

Flood Proof Structure. A structure which, in the opinion of the chief engineer of the Sonoma County water agency and the county building inspector, is designed and constructed to resist flotation, destruction, or major damage by the maximum flood predicted for the structure site.

11.

Flood, Selected. The magnitude of flood to be used for establishing minimum flood profile levels and designating the outer limits of the part of the flood plain to be regulated, i.e., the outer limits of the floodway (F1) and floodplain (F2) districts. The selected flood shall be determined by the planning commission and the board of supervisors upon recommendation by the chief engineer of the Sonoma County water agency.

12.

Floodway. The portion of the stream channel and the adjacent flood plain that must be reserved in order to discharge the selected flood without cumulatively increasing the water surface more than one foot (1′).

13.

Forest Practice Rules. The California Forest Practice Rules, California Code of Regulations, Title 14, Division 1.5, Chapter 4.

14.

Freestanding Commercial Telecommunication Facility. A telecommunication facility which is operated in whole or part for commercial purposes such as mobile radio services, cellular telephone services, TV and radio broadcast, personal communication services, but which is not affixed, fastened, or joined to a residence, business, or similar structure. A facility which includes an antenna(s) placed upon a tower which is attached to a structure is considered to be a freestanding facility. Telecommunication facilities operated in whole or part by public agencies are included in this category. However, a telecommunication facility installed by a public utility for the sole purpose of monitoring and protecting its gas and electric facilities shall not be considered a telecommunication facility and shall be exempt from the telecommunication standards of this chapter.

a.

Major Facility. Such facility which involves a combination of towers and antennas greater than one hundred thirty feet (130′) in height.

b.

Intermediate Facility. Such facility which involves a combination of towers and antennas greater than forty feet (40′) and less than or equal to one hundred thirty feet (130′) in height.

c.

Minor Facility. Such facility which involves a combination of towers and antennas less than or equal to forty feet (40′) in height.

15.

Freeway. Any expressway or limited access highway, as those terms are defined by the Streets and Highways Code of the State.

16.

Fuel Cell. An advanced energy conversion device that combines hydrogen-bearing fuels with airborne oxygen in an electrochemical reaction to produce electricity very efficiently and with minimal environmental effects.

Fuel Dealers. See Section 26-26-070 for definition and development standards.

18.

Fuel Station, Retail. A retail facility that sells gasoline or diesel to the public for the purposes of fueling motor vehicles, or gasoline powered tools or appliances.

19.

Fuel Station, Non-Retail. Fossil fuel dispensing equipment operated solely by an owner, business, or agricultural operation to support that owner, business, or agricultural operation's own legally established uses, but not including any equipment used to provide fuel for sale to the public.

G.

"G" Terms.

1.

Garage. An accessible and usable covered parking space of not less than ten feet (10′) by twenty feet (20′) for storage of automobiles, such garage to be located on the lot so as to meet the requirements of this chapter for an accessory building.

2.

Garden Apartments. An apartment building with a minimum of two thousand (2,000) square feet of building area per dwelling unit together with outdoor living or recreation space with planting and landscaping.

  1. Gasoline service station. See "fuel station." 4. General Plan. The current adopted version of the Sonoma County General Plan. 4.5. General Retail. See Section 26-26-090 for definition and development standards. 5. Geothermal. Natural heat from within the earth, captured for production of electrical power. 5.5. Golf Course. See Section 26-22-100 for definition and development standards. 5.6. Greenhouse. A permanent structure, including glasshouses, conservatories, hothouses, or other similar structures for the covered propagation and growing of plants, constructed with a translucent roof and/or walls. 6. Guest House. See Section 26-24-170 for definition and development standards. H. "H" Terms. 1. Hardrock Quarry Operations. Processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits. 1.5. Heavy Equipment Sales and Rentals. See Section 26-26-100 for definition and development standards. 2. Height of Buildings. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. 3.

ock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits. 1.5. Heavy Equipment Sales and Rentals. See Section 26-26-100 for definition and development standards. 2. Height of Buildings. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. 3.

Home Occupation. The conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling, with the business activity being subordinate to the residential use of the site. All home occupations shall be conducted in accordance with Section 26-88-121.

3.1.

Homeless Shelter. See Section 26-28-090 for definition and development standards.

3.2.

Hoop House - Cannabis. A temporary structure used for season extension or crop protection erected for less than one hundred eighty (180) days. Hoop houses do not include light deprivation, ventilation, artificial lighting, or any electrical components. The ends are left open and the material covering the structure is removable.

3.3.

Horse Boarding. See Section 26-28-100 for definition and development standards.

4.

Housing Opportunity Area. A parcel or parcels of land designated by the County for affordable housing in compliance with the general plan housing element and Section 26.89.050(F).

5.

Hybrid Alternative Energy Facilities. An alternative energy system using one or more renewable fuel sources to provide electricity, gas, or heat energy. Batteries or fuel cells may be a part of a hybrid alternative energy facility.

I.

"I" Terms.

1.

Important Farmland. Lands mapped by the state Farmlands Mapping and Monitoring Program (FMMP) as prime farmland, farmland of statewide importance, or unique farmlands. Does not include lands mapped by the FMMP as farmlands of local importance unless specifically noted.

2.

Incentive. For purposes of Article 89 (affordable housing program requirements and incentives), a modification of zoning code requirements (e.g., minimum open space, minimum lot size, setbacks, parking standards); or an allowance of other regulatory incentives or measures granted in exchange for the provision of affordable ownership housing or affordable rental housing pursuant to Section 26.89.060.

3.

Incidental Use. See "secondary use."

3.5.

Indoor Crop Cultivation. See Section 26-18-160 for definition and development standards.

4.

Indoor Recreation. See "commercial recreation facility, indoor."

5.

Infill Development. A dwelling group, consisting of detached single-family dwellings or manufactured homes, on a single parcel located in an R1 low density residential district. The number of dwelling units within such dwelling group shall not exceed the maximum residential density permitted by the general plan land use element.

6.

Institutional Use. Any use, commonly consisting of offices, churches, public buildings, financial institutions, etc., whose function does not involve direct on- site sales of products or personal services.

7.

Instream Operations. Sand and gravel operations which entail the extraction and sale of sand and gravel from stream and river channels.

8.

Intensity of Development. The floor area or floor area ratio of a development.

J.

"J" Terms.

1.

Junior Accessory Dwelling Unit (JADU). See Section 26-24-190 for definition and development standards.

Junkyard. Any land or lot where more than one hundred (100) square feet of the area or where any portion of that land or lot which adjoins any public or private street or road is used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

K.

"K" Terms.

1.

Kennel Animal. Any dog or cat kept at a commercial kennel or pet fancier kennel.

2.

Kitchen. A kitchen means an area within a structure that is used or designed to be used for the preparation or cooking of food and that contains one (1) or both of the following:

a.

Cooking appliances or rough-in facilities including, but not limited to: ovens, convection ovens, stoves, stove-tops, built-in grills or microwave ovens or similar appliances, 240-volt electrical outlets or any gas lines; or

b.

A sink less than eighteen inches (18") in depth with a waste line drain one and one-half inches (1½") or greater in diameter AND a refrigerator exceeding five (5) cubic feet in capacity or space with an electrical outlet that may reasonably be used for a refrigerator exceeding five (5) cubic feet in capacity.

L.

"L" Terms.

1.

Laboratories. See Section 26-20-040 for definition and development standards.

1.1.

Land and Resource Management. See Section 26-18-170 for definition and development standards.

1.2

Land Use. See "Use."

2.

Land Use Regulation Table. A table in Article 6 (agricultural and resource zoning districts) through Article 14 (special purpose zoning districts) identify permits required for allowed land uses in each zoning district

3.

[Reserved].

3.5.

Laundry Plants. See Section 26-20-050 for definition and development standards.

4.

Lead Agency. Lead agency as defined in Section 15367 of the State CEQA Guidelines.

4.5.

Light Deprivation. The elimination of natural light in order to induce flowering, using black out tarps or any other opaque covering.

4.6.

Live/Work. See Section 26-24-200 for definition and development standards.

5.

Livestock. Animals maintained as a source of food or clothing, including bovine and equine animals.

6.

Local Area Development Guidelines. Design and other guidelines for development that apply to a specified community or local area, as a subunit of a planning area, and which provide a greater level of detail or relate special circumstances for use in that area.

6.1.

Lodging: Agricultural Farmstay. See Section 26-28-110 for definition and development standards.

6.2.

Lodging: Agricultural Marketing Accommodations. See Section 26-28-120 for definition and development standards.

6.3.

Lodging: Bed and Breakfast. See Section 26-28-130 for definition and development standards.

6.4.

Lodging: Hosted Rental. See Section 26-28-140 for definition and development standards.

6.5.

Lodging: Hotel, Motel, and Resort. See Section 26-28-150 for definition and development standards.

6.6.

Lodging: Vacation Rental. See Section 26-28-160 for definition and development standards.

7.

Lot. Lot means a legally defined parcel or contiguous group of parcels in single ownership or under single control, usually considered a unit for purposes of development.

8.

Lot, Corner. A lot, two (2) or more adjacent sides of which abut upon a street.

9.

Lot Coverage. See "building coverage."

Lot, Frontage. The linear measurement of the front lot line.

11.

Lot, Key. An interior lot adjacent to a corner lot, the side line of which is contiguous with the rear lot line of the corner lot.

12.

Lot Lines. The property lines bounding the lot.

13.

Lot Line, Front. Any of the following: (1) each street lot line of an interior or through lot, (2) either one or the other of the two (2) street lot lines of a corner lot.

14.

Lot Line, Rear. The lot line opposite and most distant from the front line, where such lot line is not also a street lot line.

15.

Lot Line, Side. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

16.

Lot of Record. A lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the County recorder's office, or as a lot shown on a recorded parcel map.

17.

Lot Width. The least distance between the side lot lines, measured at points midway between the front and rear lot lines. In the case of triangular lots, or lots that are bounded by more than four (4) straight lines, or that have curvilinear side lines, the planning director shall determine the lot width.

18.

Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

18.5.

Low Temperature Geothermal Resource Development. See Section 26-30-050 for definition and development standards.

18.7.

Low-Barrier Navigation Center. See Section 26-24-210 for definition and development standards.

19.

Low-Income Household. A household whose gross annual income does not exceed eighty percent (80%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

20.

Lower-Income Household. Includes "low-income households," "very low- income households" and "extremely low-income households."

M.

"M" Terms.

1.

Maintenance and Repair Service, non-vehicular. See Section 26-28-170 for definition and development standards.

1.5.

Major Timberland Conversion. A timberland conversion that requires a timberland conversion permit, or is exempt from a timberland conversion permit under Section 1104.2 of the Forest Practice Rule.

2.

Manufactured Cannabis. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

3.

Manufactured Home. A dwelling unit including mobile homes and factory-built housing as defined in Sections 18210.5 and 19971, respectively, of the California Health and Safety Code.

3.1.

Manufactured Home Sales and Rental. See Section 26-26-110 for definition and development standards.

3.2.

Manufacturing/processing, heavy. See Section 26-20-060 for definition and development standards.

3.3.

Manufacturing/processing, light. See Section 26-20-070 for definition and development standards.

3.4.

Manufacturing/processing, medium. See Section 26-20-080 for definition and development standards.

3.5.

Marina. See Section 26-30-060 for definition and development standards.

4.

Marijuana. See Cannabis.

5.

Market Rate Unit. A dwelling unit in a residential project that is not restricted by an affordable housing agreement, and which is not expected to be provided as affordable to an extremely low-, very low-, low- or moderate-income household.

6.

Medical Marijuana. See "Cannabis - Medical."

6.1.

Medical Services: Hospitals. See Section 26-28-180 for definition and development standards.

6.2.

Medical Services: Offices and Outpatient Care. See Section 26-28-190 for definition and development standards.

6.3.

Mining, Surface. See Section 26-18-180 for definition and development standards.

7.

Ministerial Action. A governmental decision involving little or no personal judgment by the decision maker as to the wisdom or manner of carrying out a project. The decision maker merely applies the law to the facts as presented but uses no special discretion or judgement in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the decision maker cannot use personal, subjective judgement in deciding whether or how a project should be carried out.

7.5.

Mixed-use Development. See Section 26-24-210 for definition and development standards.

8.

Mobile Home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation. Mobile home does not include a recreational vehicle or factory-built housing as defined in Section 19971 of the California Health and Safety Code.

8.5.

Mobile Home Park. See Section 26-24-220 for definition and development standards.

9.

Moderate-Income Household. A household whose gross annual income does not exceed one hundred twenty percent (120%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

10.

Multi-Family Housing Project. See "Rental Housing Project."

11.

Multiple-User Telecommunication Facility. A telecommunication facility which is comprised of multiple towers containing a combination of antennas owned or operated by more than one (1) public or private entity.

12.

Mushroom Farming. See Section 26-18-190 for definition and development standards.

N.

"N" Terms.

0.1.

Native Oak Tree. A native oak tree to Sonoma County of the genus Quercus, that is classified as any one (1) of the following: blue oak (Q. douglasii), interior live oak (Q. wislizenii), coast live oak (Q. agrifolia), canyon live oak (Q. chrysolepis), Oregon oak (Q. garryana), California black oak (Q. kelloggii), valley oak (Q. lobata), Shreve oak (Q. parvula var. shrevei), or naturally occurring hybrids of two (2) or more of the preceding listed trees.

0.2.

Natural Community Conservation Plan. A plan that meets the definition of "Natural community conservation plan," codified at California Fish and Game Code Section 2805(h).

1.

Natural Slope. The slope of the ground prior to any grading or other land disturbing activity. Natural slope shall be determined by measuring the horizontal distance between adjacent contours on a USGS quadrangle map or other topographic map acceptable to the County with a scale of not less than 1:24000 (1″ = 2000′) and contour intervals of not more than twenty feet (20′), and then dividing the difference in elevation between the two (2) contours by the measured horizontal distance. The horizontal distance shall be measured perpendicular to the contours.

2.

Noncommercial Telecommunication Facility. A telecommunication facility which is operated solely for personal use and not for commercial purposes.

3.

Nonconforming Use. A lawful use existing on the effective date of a zoning ordinance restriction and continuing since that date in nonconformance to the zoning ordinance restriction.

3.5.

Nonmanufactured Cannabis: Flower, shake, kief, leaf, and pre-rolls.

3.6.

Nonoperative Motor Vehicle. A nonoperative motor vehicle is any which cannot be moved under its own power, or cannot be operated lawfully on a public street or highway within this state. Nonoperative motor vehicle shall not include "vehicles of historic value" as defined by the California Vehicle Code which have current special identification plates as provided herein.

4.

Nonoperative Motor Vehicle Storage Yard. The placing on any lot or parcel or contiguous lots or parcels of land one (1) or more nonoperative motor vehicles for a period exceeding fifteen (15) days. A nonoperative motor vehicle is any which cannot be moved under its own power, or cannot be operated lawfully on a public street or highway within this state. Nonoperative motor vehicle shall not include "vehicles of historic value" as defined by the California Vehicle Code which have current special identification plates as provided herein.

4.5.

Nonvolatile Solvent: Any solvent used in the extraction process that is not a volatile solvent. For purposes of this chapter, 'nonvolatile solvents' include carbon dioxide and ethanol.

5.

Nursery Cannabis. An establishment that produces only clones, immature plants, and seeds for wholesale distribution to permitted cultivators or dispensaries, used specifically for the planting, propagation, and cultivation of medical cannabis.

6.

Nursery, Retail. See Section 26-26-120 for definition and development standards.

7.

Nursery Wholesale. An establishment engaged in the commercial production of trees, plants, seeds, stock, and other vegetation grown on site outdoors either in the ground or in containers for wholesale distribution to other businesses. Wholesale nursery does not include cannabis nurseries which are classified separately.

8.

Nursery Wholesale Greenhouse. An establishment engaged in the commercial production of trees, plants, seeds, stock, and other vegetation grown within a commercial greenhouse for wholesale distribution to other businesses. Wholesale greenhouse nursery does not include cannabis nurseries which are classified separately.

O.

"O" Terms.

0.1.

Oak Woodland. A contiguous stand of trees dominated by Native Oak Trees with at least one-half (0.5) acre of cover. For purposes of this definition, "contiguous stand" means a stand where all individual oak trees with diameter at breast height (dbh) equal to or greater than six inches (6″) have canopies located within two hundred feet (200 ′) of one another on a parcel. Oak Woodland includes lands that supported native oak trees as indicated in the 2013 Sonoma VegMap. This term is inclusive of both oak woodlands and savannas, where canopy gaps may be more present, and oak forests, where canopy gaps are less present. Oak woodland is inclusive of associated vegetative strata including canopy, subcanopy, and shrubs.

0.2.

Oak Woodland Conservation Plan. A site-specific plan developed by a qualified professional knowledgeable in Oak Woodland conservation, which describes the conditions, qualities, and capabilities of a property's Oak Woodland resources, describes conservation objectives, identifies existing and intended use of the property, and identifies recommended or potential resource improvement projects.

1.

Oil and Gas Exploration and Extraction. See Section 26-30-070 for definition and development standards.

1.5.

Old Growth Redwood. Any redwood tree over two hundred (200) years old.

2.

Open Areas. Those areas suitable for common recreational use or which provide visual relief to developed areas, exclusive of flood control channel rights-of-way, areas devoted to parking, vehicular traffic or private use, and any other area which does not significantly lend itself to the overall benefit of either the particular development or surrounding environment. Open areas may include areas in private lot ownership, provided, that such areas are not fenced. The boundaries of open areas shall be treated as property lines in determining required rear and side yard setbacks. At least fifty percent (50%) of the required open area shall be contained as a single visually identifiable area exclusive of connecting corridors or pathways, and in no case be less than fifty feet (50′) in width nor five thousand (5,000) square feet in area.

3.

Outdoor Advertising Sign. Any card, cloth, paper, metal, painted or wooden sign of any character (excluding appurtenant and directional signs) placed for outdoor advertising purposes, on the ground or onto any tree, wall, bush, rock, post fence, building, structure or thing. The term "placed," as used in this definition,

includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

Outdoor Advertising Structure. A structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any advertisement of any kind whatsoever may be placed. The term placed, as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

4.5.

Outdoor Vendor. See Section 26-26-130 for definition and development standards.

5.

Ownership Housing Project. A project of two (2) or more units, whether attached or detached, when those units are each placed on individual or air-space lots such that each individual unit may be owned separately.

P.

"P" Term.

1.

Parking Facilities. See Section 26-30-080 for definition and development standards.

1.5.

Parking Spaces. Usable off-street area with independent access, not included within established front-yard setback, at least nine feet (9′) by twenty feet (20′) for diagonal or perpendicular vehicle parking, or at least eight feet (8′) by twenty-two feet (22′) for parallel vehicle parking.

1.6.

Parks and Playgrounds. See Section 26-22-110 for definition and development standards.

2.

Periodic Special Events. See Section 26-22-120 for definition and development standards. (Also "cultural events.") 2.5. Permanent Supportive Housing. See Section 26-24-230 for definition and development standards. 3.

Permit. A county approval required by the zoning ordinance, including design and site plan review, historic resource permits, use permits, planned development permits, variances and zoning permits. The term "permit" does not including planning clearances, building permits, grading permits, and other constructionrelated approvals unless otherwise indicated. See also "use permit" and "zoning permit."

4.

Person. An individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.

4.5.

Personal Services. See Section 26-28-200 for definition and development standards. 5. Photovoltaic (PV). A technology that uses a semiconductor to convert sunlight directly into electricity.

6.

Planned Development. A real estate development other than a community apartment project, a stock cooperative or a cooperative, or a condominium and which is more particularly defined in Sections 11003 and 11003.1 of the California Business and Professions Code and subsequent amendments thereto, and having either or both of the following features:

a.

Any contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas consisting of areas or facilities the beneficial use and enjoyment of which is reserved to same or all of the owners of separately owned lots, parcels or areas;

b.

Any power existing to enforce any obligation in connection with membership in the owners association, or any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interests in, either the separately or commonly owned lots, parcels or areas by means of a levy or assessment which may

become a lien upon the separately owned lots, parcels or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.

7.

Planning Department. The permit and resource management department.

7.5.

Premises - Cannabis: The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or person holding a valid permit where commercial cannabis activity will be or is conducted.

8.

Primary Caregiver. The same meaning as Health and Safety Code Section 11362.7(d), as may be amended.

9.

Primary Owner. The property owner who resides in the property for a majority of the year, and does not have another primary residence. Primary owner does not include residences or condominiums owned as a timeshare, limited liability partnership or corporation, or fractional ownership of six (6) or more interests.

10.

Prime Soils. Soils classified by the United States Department of Agriculture Soil Conservation Service as class I or class II.

10.5.

Process, Processing, or Processes - Cannabis: All activities associated with drying, curing, grading, trimming, rolling, storing, packaging, and labeling of nonmanufactured cannabis.

11.

Processing Services. Support services which are related to and necessary for agricultural processing activities.

11.5.

Professional Office. See Section 26-28-210 for definition and development standards.

12.

Protected Perimeter. A protected area surrounding a protected tree, the radius of which is at least one and one-half (1.5) times the distance from trunk to outermost extent of canopy.

13.

Protected Tree. The following tree species and any natural hybrids of these tree species are considered protected tree species:

1)

Hardwoods: Big Leaf Maple (Acer macrophyllum), Black Oak (Quercus kelloggii), Blue Oak (Quercus douglasii), Boxelder (Acer negundo), California Black Walnut (Juglans californica), California Buckeye (Aesculus californica), Canyon Live Oak (Quercus chrysolepis), Coast Live Oak (Quercus agrifolia), Cottonwood species (Populus fremontii, P. trichocarpa), Interior Live Oak (Quercus wislizenii), Madrone (Arbutus menziesii), Oregon Ash (Fraxinus latifolia), Oregon Oak (Quercus garryana), Red or White Alder (Alnus rubra, A. rhombifolia), Valley Oak (Quercus lobata), Willow species (Salix laevigata, S. lucida) 2) Softwoods: Cypress species (Hesperocyparis macrocarpa, H. macnabiana), Grand Fir (Abies grandis), Pine species (Pinus attenuata, P. contorta, P. lambertiana, P. muricata, P. ponderosa, P. sabiniana), Redwood (Sequoia sempervirens), Western Hemlock (Tsuga heterophylla)

14.

Public Garage. Any premises, except those herein defined as a private or storage garage, used for the storage or care of motor vehicles or where any such vehicles are equipped for operation or repair or kept for remuneration, hire or sale.

15.

Public Safety Facilities. See Section 26-30-090 for definition and development standards.

16.

Public Utility Facilities. See Section 26-30-100 for definition and development standards.

Q.

"Q" Terms.

1.

Qualified Patient. The same meaning as Health and Safety Code Section 11362.7(f), as may be amended.

Quasi-Public Use or Facility. A use operated by a private nonprofit, educational, religious, charitable or medical institution, having the primary purpose of serving the general public, and including uses such as churches, private schools and universities, community, youth and senior citizen recreational facilities, private hospitals and the like.

R.

==> picture [512 x 574] intentionally omitted <==

----- Start of picture text -----
"R" Terms.
1.
Recreation and Sports Facilities: Health/Fitness Facility. See Section 26-22-130 for definition and development standards.
1.1.
Recreation and Sports Facilities: Recreation Facility, Indoor. See Section 26-22-140 for definition and development standards.
1.2.
Recreation and Sports Facilities: Recreation Facility, Outdoor. See Section 26-22-150 for definition and development standards.
1.3.
Recreation and Sports Facilities: Rural sports and recreation. See Section 26-22-160 for definition and development standards.
1.4.
Recreation and Sports Facilities: Shooting Ranges. See Section 26-22-170 for definition and development standards.
1.5.
Recycling Collection Facilities. See Section 26-20-090 for definition and development standards.
1.6.
Recycling Processing Facilities. See Section 26-20-100 for definition and development standards.
2.
Registered Professional Forester. A registered professional forester as defined in Section 895.1 of the Forest Practice Rules.
2.5.
Renewable Energy Facility. See Section 26-30-110 for definition and development standards.
3.
Rental Housing Project. A project of two (2) or more units on a single lot, such that the individual units cannot be separately owned.
3.5.
Residential Community Care. See Section 26-24-240 for definition and development standards.
4.
Residential Density. The maximum number of dwelling units per acre or the minimum number of acres per dwelling unit as permitted in the applicable zoning
district.
4.5.
Residential Dwelling, Multi-family. See Section 26-24-120 for definition and development standards.
4.6.
Residential Dwelling, Single-family. See Section 26-24-130 for definition and development standards.
4.7.
Residential Dwelling, Two-family. See Section 26-24-140 for definition and development standards.
5.
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Residential Dwelling Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one (1) kitchen, which constitute an independent housekeeping unit, occupied by or intended for one (1) household on a long-term basis. Dwelling unit does not include a tent, travel trailer, recreational vehicle or similar vehicle or structure.

Residential Project. For the purposes of Article 89 (affordable housing program requirements and incentives), one (1) or more dwelling units on a single site, including residential units provided within a mixed-use development.

7.

Resource Agency. A federal or state agency having jurisdiction by law over natural resources affected by an activity.

7.5.

Restaurant. See Section 26-26-140 for definition and development standards.

8.

Restoration. Actions taken with the primary goal to maintain, improve, or restore physical, chemical, and biological functions of a stream, wetland, or other sensitive habitat.

9.

Review Authority. The official or body designated to approve, conditionally approve, or deny an application.

10.

Riparian Corridor. The area occupied by a river or stream and related plant and animal communities.

11.

Riparian Corridor, #-Foot. A riparian corridor with a streamside conservation area of 50/100/200 feet as specified, on each side of a designated stream measured from the top of the higher bank.

12.

Riparian Functions. The beneficial uses of areas in and along streams, including: providing food, water, and breeding, egg deposition and nesting areas for fish, amphibians, reptiles, birds, insects, and mammals; providing protective cover, shade and woody debris to stream channels as habitat for coho salmon, steelhead, freshwater shrimp, and other protected and common aquatic-dependent species; providing movement opportunities, protective cover, and breeding, roosting, and resting habitat for terrestrial wildlife; filtering sediment and pollutants in runoff into streams; providing erosion protection for stream banks; and facilitating groundwater recharge.

13.

Riparian Tree. A woody perennial plant growing in a riparian corridor, typically larger than fourteen feet (14') at maturity with a well-defined stem and definite crown having a single or multi-trunk structure, with a minimum diameter at breast height of two inches (2") for a single stem or aggregate of multi-trunk stems of five inches (5"), and a minimum height of ten feet (10').

14.

Riparian Vegetation. Plant communities contiguous to and affected by surface and subsurface hydrologic features of water bodies (rivers, streams, lakes, or wetlands) that have one (1) or both of the following characteristics: 1) distinctly different vegetative species than adjacent areas, and 2) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian vegetation is usually transitional between wetland and upland.

15.

River Terrace Operation. Sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

16.

Roof. The exterior surface on the top of a building or structure, as shown in the illustration accompanying "structure ridgeline."

S.

"S" Terms.

1.

Scenic Corridor. As designated on Figure OS-2 of the general plan open space element, a strip of land of high visual quality along a certain roadway.

2.

Scenic Highway. Those roadways in Sonoma County that have been so designated by the state of California.

3.

Second Unit. See "accessory dwelling unit."

4.

Secondary Use. A use of land or a building that is subordinate to, but may be different from the primary use of the land or building located on the same lot.

Senior Household. A household with at least one (1) person who is sixty-two (62) years of age or older.

6.

Silhouette. A calculation of the exposed surface area of the towers and antennas associated with a telecommunication facility, as seen from an elevation perspective, as shown in the accompanying illustration.

==> picture [185 x 87] intentionally omitted <==

The silhouette is a calculation of the physical surfaces of the combined tower and antenna(s) included in a telecommunication facility. Only the physical surfaces, and not the air spaces in between, are counted in the calculation. The silhouette calculation is measured from the viewing angle which presents the largest exposure from an elevation perspective.

==> picture [224 x 103] intentionally omitted <==

Single-room Occupancy. See Section 26-24-250 for definition and development standards.

8.

Site Class I or II timberland. As defined in Section 1060 of the Forest Practice Rules.

9.

Site Classification. Site classification as defined in Section 4528 of the Public Resources Code.

Site Coverage. The percentage of total lot area encumbered by impervious surfaces, including all structures, buildings and paved or compacted driveways, parking areas, patios and walkways and similar features.

11.

Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (e.g., 2:1) or as a percentage (e.g., fifty percent (50%)).

12.

Sludge. Solid material produced through sewage treatment processes.

13.

Small Alcoholic Beverage Retail Establishment. An alcoholic beverage retail establishments with less than ten thousand (10,000) square feet of floor area.

Small Collection Facility. A small collection facility which occupies an area of not more than five hundred (500) square feet and includes: reverse vending machines occupying more than fifty (50) square feet; bins, boxes, cans, kiosk-type units and other containers or receptacles; and/or a properly licensed automobile, truck, trailer or van.

15.

Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity that does not exceed the allowable rated capacity under the Emerging Renewables Fund of the Renewables Investment Plan administered by the California Energy Commission and which will be used primarily to reduce onsite consumption of utility power.

Solar Thermal Electric. The conversion of sunlight to heat and its concentration and use to power a generator to produce electricity. Typically, solar concentrators boil water with focused sunlight, generating high-pressure steam which drives conventional turbine generators.

16.5.

Sports and Entertainment Assembly. See Section 26-22-180 for definition and development standards.

17.

State CEQA Guidelines. The State Guidelines for Implementation of the California Environmental Quality Act, California Code of Regulations Title 14, Division 6, Chapter 3.

18.

State Stocking Standards. Stocking standards as defined in Section 895.1 of the Forest Practice Rules.

18.1.

State-Regulated Small Employee Housing. See Section 26-24-260 for definition and development standards. 18.2. Storage: Contractor's storage yard. See Section 26-20-110 for definition and development standards. 18.3. Storage: Manufactured home storage. See Section 26-20-120 for definition and development standards.

18.4.

Storage: Personal storage. See Section 26-20-130 for definition and development standards.

18.5.

Storage: Vehicle, boat, and RV storage. See Section 26-20-140 for definition and development standards. 18.6. Storage: Warehouses. See Section 26-20-150 for definition and development standards.

18.7.

Storage: Wholesale and distribution. See Section 26-20-160 for definition and development standards.

19.

Street. A public or private thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare except an alley as defined herein.

20.

Street Line. The boundary between a street and property.

21.

Structure. Anything constructed or erected, the use of which requires a location on the ground or attachment to something having location on the ground.

Structural Alterations. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

23.

Structure Ridgeline. The long, narrow crest at the top of the juncture of two (2) or more surfaces making up the roof of a building or structure, as shown in the accompanying illustration.

==> picture [201 x 259] intentionally omitted <==

Studios for Art Crafts, Dance, Music. See Section 26-22-190 for definition and development standards.

T.

"T" Terms.

1.

Tasting Rooms. See Section 26-18-210 for definition and development standards.

1.1.

Telecommunication Facility. See Section 26-30-120 for definition and development standards.

1.2.

Temporary Occupancy of Travel Trailer. See Section 26-24-260 for definition and development standards.

1.3.

Theater and Entertainment Venues. See Section 26-22-200 for definition and development standards.

1.4.

Timber. Those species of trees listed as commercial species for the Coast Forest District, Group A, in Section 895.1 of the Forest Practice Rules.

2.

Timber Harvesting Plan. A timber harvesting plan approved by the Director of the California Department of Forestry and Fire Protection, or by the State Board of Forestry and Fire Protection upon appeal, pursuant to Section 1032 et seq. of the Forest Practice Rules.

2.1.

Timber Management. See Section 26-18-220 for definition and development standards.

2.2.

Timber Operations. Timber operations as defined in Section 4527 of the Public Resources Code.

2.3.

Timber Operator Storage Yard. See Section 26-18-230 for definition and development standards.

2.4.

Timber Production. Growing and harvesting timber for commercial purposes.

Timber Saw Mills and Lumber Production. See Section 26-18-240 for definition and development standards.

4.

Timberland. Timberland as defined in Section 1100 of the Forest Practice Rules.

5.

Timberland Conversion. See Section 26-18-250 for definition and development standards.

6.

Timberland Conversion Permit. A timberland conversion permit issued by the Director of the California Department of Forestry and Fire Protection, or by the State Board of Forestry and Fire Protection upon appeal, pursuant to Section 1100 et seq. of the Forest Practice Rules.

6.5.

Timeshare. Any accommodation, or portion thereof, used in accordance with a timeshare plan. See Section 26-28-165 for related definitions.

7.

Tower. The support structure, including guyed, monopole and lattice types, upon which antennas are located as part of a telecommunication facility or upon which a wind turbine (or other mechanical device) is mounted as part of a small wind energy system.

8.

Tower Height. The height above grade of the fixed portion of the tower, excluding any telecommunication antennas or a wind energy system or its blades.

9.

Transient Use or Transient Occupancy. occupancy of a lodging facility or residence by any person other than the primary owner by concession, permit, right of access, license, gift or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.

9.5.

Transitional Housing. See Section 26-24-270 for definition and development standards.

10.

Travel Trailer. A vehicle, other than a motor vehicle or mobile home which is designed or used for human habitation and for travel or recreational purposes, which is not more than eight feet (8′) in width and is less than forty feet (40′) in length, and which may be moved upon a public highway without special permit or chauffeur's license or both, without violating any provision of the Vehicle Code of the state.

11.

Travel Trailer Park Or Recreational Trailer Park. Any area or tract of land where one (1) or more lots accommodate owners or users of travel trailers used for travel or recreational purposes wherein occupancy by any one (1) individual does not exceed ninety (90) consecutive days in any one (1) calendar year.

12.

Tree. A healthy living large woody plant which ordinarily has a central trunk and at maturity exceeds a height of fourteen feet (14′).

13.

Truck/Bus/Freight Terminal. See Section 26-30-130 for definition and development standards.

14.

Type Conversion. The removal of the capacity of the land to grow oak trees or Oak Woodlands by a person. This includes but is not limited to, clearing, grading, or otherwise modifying land for roads, driveways, buildings or building pads, utility easements, and Agricultural Crop Cultivation within an Oak Woodland. Maintenance such as pruning and removing dead branches from living oak resources is not included, provided that the maintenance does not include crown reduction resulting in death or conversion of the oak resource.

U.

"U" Terms.

1.

Universal Design. An environment designed and built to be accessed and used by all persons, regardless of ability or mobility.

2.

Urban Service Area. An urban service area designated in the general plan land use element. Also "county-designated area urban service area."

Use or Land Use. The activity conducted on a site or in a structure, or the purpose for which a site or structure is designed, arranged, occupied, or maintained.

4.

Use Permit. A conditional use permit or a minor use permit.

V.

"V" Terms.

1.

Vacation Rental. The tenancy of residential property for a term of thirty (30) days or less that is subject to transient occupancy tax. Vacation rental does not include a hosted rental or a bed and breakfast inn.

2.

Vegetation removal. The cutting, breaking, burning or uprooting of vegetation, the application of herbicide to vegetation, the covering over of vegetation with earth, or the compacting of the soil under and around vegetation. For the purposes of this chapter, vegetation means all natural, non-cultivated plant life including the root system, stem, trunk, crown, branches, leaves or blades.

2.5.

Vehicle Maintenance and Repair. See Section 26-28-220 for definition and development standards.

2.6.

Vehicle/boat Sales and Rentals. See Section 26-26-150 for definition and development standards.

3.

Very Low-Income Household. A household whose gross annual income does not exceed fifty percent (50%) of the median income for Sonoma County as established by the U.S. Department of Housing and Urban Development, adjusted for household size.

4.

Veterinary Clinic. See Section 26-28-220 for definition and development standards.

4.5.

Visitor/Interpretive Center. See Section 26-22-210 for definition and development standards.

5.

Volatile Solvent. Volatile solvents may include but is not limited to: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene as determined by the fire marshall.

W.

"W" Terms.

1.

Wet Bar. A single sink with a waste drain line no greater than one and one-half inches (1½") in diameter and an under counter refrigerator no greater than five (5) cubic feet in size with cabinets and/or counter top area not exceeding six (6) lineal feet. A wet bar shall not include a refrigerator in excess of five (5) cubic feet in size or a kitchen sink greater than two (2) square feet in size or a gas or electric range, stove top and/or oven (but may include a microwave oven).

2.

Wind Energy Conversion System. A machine used to convert the kinetic energy of the wind into a usable form of electrical energy, including wind turbine generators, rotors, and blades.

3.

Wind Energy System Height. The height above grade of the fixed portion of the tower including the vertical length of any extensions such as the rotor blade.

3.1.

Woodland Impact. Any activity which results in the removal or death of Native Oak Trees within an Oak Woodland.

4.

Work/Live Unit. See Section 26-24-280 for definition and development standards.

5.

Wrecking and Salvage Yards. See Section 26-20-170 for definition and development standards.

X.

"X" Terms.

Y.

"Y" Terms.

1.

Yard, Front. A yard extending across the front of the lot between the inner side yard lines and measured from the front line of the lot to the nearest lines of the building; provided, that if any building line or official plan line has been established for the street upon which the lot faces, then such measurement shall be taken from such building line or official plan line to the nearest line of the building.

2.

Yard, Rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building.

3.

Yard, Side. A yard between the line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

4.

Year-Round or Extended Seasonal Farmworker Housing. See "Agricultural Employee Housing, Year-Round or Extended Seasonal."

Z.

"Z" Terms.

0.5

Zoning administrator. The zoning administrator or acting zoning administrator, as provided in Section 2-79 of this code.

1.

Zoning Database. The official zoning map of Sonoma County identifying the zoning districts and combining districts that apply to properties in unincorporated Sonoma County.

2.

Zoning District. A portion of the County within which certain uses of land and buildings are specified and within which certain yards and other open areas are required and certain height limits are established for buildings, all as set forth and specified in this chapter.

3.

Zoning Ordinance. Chapter 26 of the Sonoma County Code.

4.

Zoning Permit. A document issued by the Planning Division, typically permitting a parcel of land to be used for a prescribed purpose. See also "permit."

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 6469, § IV(Exh. A), 4-16-2024; Ord. No. 6458, §§ I, II, 12-5-2023; Ord. No. 6424, § II(Exh. A), 4-24-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6405, § IV(Exh. A), 3-14-2023; Ord. No. 6386, § III, 8-22022; Ord. No. 6352, §§ II—IV, 9-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 06. - Agricultural and Resource Zones.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 06, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 06 pertained to LEA Land Extensive Agriculture District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-06-010. - Purpose of article.

This article identifies allowed land uses in the agricultural and resource zones, permits required for allowed uses, and general standards for site development.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-06-020. - Purpose of agricultural and resource zones.

A.

General. The agricultural and resource zones protect agricultural land and natural resource and open space areas, support the county's agricultural and natural resource economic base in a sustainable manner, and manage and conserve natural resources to avoid depletion and promote replenishment of these resources.

B.

Specific.

1.

Land intensive agriculture (LIA). The LIA zone:

a.

Enhances and protects lands best suited for permanent agricultural use and capable of relatively high production per acre of land; and

b.

Implement the land intensive agriculture land use category of the general plan and the policies of the agricultural resources element.

2.

Land extensive agriculture (LEA). The LEA zone:

a.

Enhances and protects lands best suited for permanent agricultural use and capable of relatively low production per acre of land; and

b.

Implements the land extensive agriculture land use category of the general plan and the policies of the Agricultural Resources Element.

3.

Diverse agriculture (DA). The DA zone:

a.

Enhances and protects land where soil, climate, and water conditions support farming but where small acreage intensive farming and part-time farming activities are predominant, and where farming may not be the principal occupation of the farmer; and

b.

Implement the diverse agriculture land use category of the general plan and the policies of the Agricultural Resource Element.

4.

Resources and rural development (RRD). The RRD zone:

a.

Protects lands needed for:

(1)

Commercial timber production, geothermal production, aggregate resources production;

(2)

Watershed, fish and wildlife habitat, biotic resources; and

(3)

Agricultural production activities not subject to the agricultural resources element of the general plan.

b.

Allows very low-density residential development and recreational and visitor-serving uses where compatible with resource use and available public services; and

c.

Implements the resources and rural development land use category of the general plan.

5.

Timberland production district (TP). The TP zone:

a.

Provides for timberland zoning, a yield tax to be imposed at the time of harvest, and the conservation and protection of land capable of producing timber and forest products; and

b.

Specifies compatible uses that are consistent with the Forest Taxation Reform Act of 1976.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-06-030. - Allowed land uses.

A.

General.

1.

Table 6-1 identifies the allowed uses and permit requirements in the agricultural and resource zones.

2.

All uses may be subject to additional standards and regulations and may require a zoning permit, design review, or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 6-1.

3.

If Table 6-1 shows two permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions, as described in the use regulations for the allowed use.

B.

Additional Permits. A zoning permit, design review or other permits may be required in addition to those permits required by Table 6-1. See individual use regulations sections for additional requirements that may apply.

C.

Unlisted Land Uses.

1.

If a proposed use is not specifically listed in any allowed land use table, the use shall not be allowed, except as provided below.

2.

LIA, LEA, DA, RRD zones: For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.

3.

TP zone: For a proposed nonresidential use not listed as a permitted use in the allowed land use table, the Director may determine that the proposed use is of a similar and compatible nature and equivalent to a permitted use.

4.

When the director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.

Table 6-1:Allowed Land Uses in Agricultural and Resource Zones

Key of symbols for Table 6-1:

P = Permitted Use

P* = Permitted Use, subject to discretionary approval criteria

C = Conditional Use

  • = Prohibited Use

  • = Permit requirement indicated in use regulations column

Land Use LIA
Zone
LEA
Zone
DA
Zone
RRD
Zone
TP
Zone
Use Regulations
Agricultural and Resource-Based Land Use
Category
Agricultural Crop Production and Cultivation P P P P - 26-18-020
Agricultural Employee Housing P P P P 26-18-030
Agricultural Processing C C C C - 26-18-040;
26-88-210
Agricultural Processing, Small Scale P* P* P* P* - 26-18-050
--- --- --- --- --- --- ---
Agricultural Support Services P*/C P*/C P*/C - - 26-18-060
Animal Keeping: Beekeeping P P P P P 26-18-070
Animal Keeping: Confned Farm Animals P/C P/C P/C C - 26-18-080
Animal Keeping: Farm Animals P P P P - 26-18-090
Animal Keeping: Livestock Feed Yards C C C C - 26-18-100
Animal Keeping: Pet Fancier P P P P - 26-18-110
Aquaculture - C C C - 26-18-120
Composting, Commercial - C C C - 26-18-130
Composting, Non-commercial P P P P - 26-18-140
Farm Retail Sales P P P P - 26-18-150
Farm Stands P P P P - 26-18-160
Indoor Crop Cultivation P P P P/C - 26-18-170
Land and Resource Management P P P P P 26-18-180
Mining, Surface - - - C C 26-18-190;
Chapter 26A
Mushroom Farming C C C C - 26-18-200
Nursery, Wholesale P P P P - 26-18-210
Tasting Rooms C C C C - 26-18-220,26-18-270
Timber Management - - - P P* 26-18-230
Timber Operator Storage Yard, Of-Site - - - C C 26-18-240
Timber Saw Mills and Lumber Production - - - C C 26-18-250
Timberland Conversions, Major - - - C C 26-18-260;
26-88-160
Timberland Conversions, Minor P P P P - 26-18-260;
26-88-150
Industrial, Manufacturing, Processing and Storage
Land Use Category
Animal Product Processing C C C C - 26-20-020
Fertilizer Plants C C C C - 26-20-030
Recreation, Education and Public Assembly Land
Use Category
Camp, Organized - - - C C 26-22-020
Campgrounds - C C C C 26-22-030
Campgrounds, resorts and organized camps - - - - C 26-22-030.1
Community Meeting Facilities C C C C 26-22-050
Country Club - - - C - 26-22-060
Educational Institution: Elementary and Secondary
Schools
- C C C 26-22-080
Golf Course C C C C - 26-22-100
Parks and Playgrounds P P P - - 26-22-110
Periodic Special Events P* P* P* P* P* 26-22-120
Recreation and Sports Facilities: Rural Sports and
Recreation
C C C C - 26-22-160
Studios for Art Crafts, Dance, Music P P P P - 26-22-200
Residential Land Use Category
Accessory Dwelling Unit P P P P P 26-24-020;
26-88-060
Cottage Food Operation P P P P P 26-24-050
Dwelling, Single-Family P P P P P 26-24-080
Family Day Care Home, Large P P P P P 26-24-100;
26-88-080
Family Day Care Home, Small P P P P P 26-24-100
Farm Family Dwelling P P - - - 26-24-110
--- --- --- --- --- --- ---
Farmworker Housing P P P P 26-24-120
Guest House P P P P - 26-24-130
Home Occupation P P P P - 26-24-140;
26-88-121
Junior Accessory Dwelling Unit P P P P P 26-24-150;
26-88-061
Live/Work C C C C - 26-24-160;
26-88-122
Permanent Supportive Housing P P P P - 26-24-200
Residential Community Care, Large C C C C - 26-24-210
Residential Community Care, Small P P P P P 26-24-210
State-Regulated Small Employee Housing P P P P P 26-24-230
Temporary Occupancy of Travel Trailer P P P P 26-24-240;
26-88-010(n)
Transitional Housing P P P P 26-24-250
Retail Land Use Category
Firewood Yard - - C C C 26-26-060
Fuel Station, Retail - - - - - 26-26-080
Fuel Station, Non-Retail - - - - - 26-26-081
Nursery, Retail C C C C - 26-26-120
Services Land Use Category
Cemeteries C C C C - 26-28-050
Commercial Horse Facilities C C C C - 26-28-060
Commercial Kennels C C C C - 26-28-070
Day Care Center C C C C - 26-28-080
Horse Boarding P* P* P* P* - 26-28-100
Lodging: Agricultural Farmstays P P P P - 26-28-110;
26-88-085
Lodging: Agricultural Marketing Accommodations C C C - - 26-28-120
Lodging: Bed and Breakfast (B&B) - C C C - 26-28-130;
26-88-118
Lodging: Hosted Rental P P P P - 26-28-140
Lodging: Hotel, Motel, and Resort - - - C 26-28-150
Lodging: Vacation Rental - P P P - 26-28-160;
26-88-120
Veterinary Clinic - - - C - 26-28-230
Transportation, Energy, Public Facilities Land Use
Category
Airfeld and Landing Strips: Agricultural, Resource
or Personal Landing Strip
- C C C C 26-30-020
Low Temperature Geothermal Resource
Development
C C C - C 26-30-050
Oil and Gas Exploration and Extraction - - - C - 26-30-070
Public Safety Facilities C C C C C 26-30-090
Public Utility Facilities C C C C C 26-30-100
Renewable Energy Facilities † See
26-30-110 and
Sections 26-88-
200,-202, -206, and -208
Telecommunications Facilities † See
26-30-120 and
Section 26-88-
130
Other Land Uses
Cannabis Cultivation, Personal Use P P P P P 26-88-258
Commercial Cannabis Uses †See
26-88-250;
26-88-254

D.

Williamson Act. All uses on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones.

E.

Restricted Nonagricultural Uses.

1.

For the purpose of this subsection, a "restricted nonagricultural use" means the following land uses:

a.

Agricultural farmstays

b.

Cemeteries

c.

Commercial kennels

d.

Day care centers

e.

Golf courses

f.

Horse boarding

g.

Home occupations

h.

Land and resource management

i.

Low temperature geothermal resource development

j.

Meeting facilities

k.

Non-commercial composting

l.

Public parks and playgrounds

m.

Pet fancier facilities

n.

Public safety facilities

o.

Public utility facilities

p.

Recreation and sports facilities: rural sports and recreation

q.

Renewable energy facilities

r.

Temporary events

s.

Studios for arts and crafts

t.

Telecommunication facilities

u.

Application of clean dredge material or biosolids

2.

In addition to any other applicable standards or criteria, restricted nonagricultural uses in the LIA, LEA, and DA zones are allowed, only if the applicant demonstrates that:

a.

The use meets a local need;

b.

The use avoids conflict with agricultural activities; and

c.

The use is consistent with general plan objectives AR-4.1 and policy AR-4a.

3.

If a restricted nonagricultural use requires a discretionary permit, the use must also comply with all applicable Conditional Use Permit approval criteria and requirements.

F.

Geotechnical Studies. In the RRD zone, geotechnical studies involving no grading or construction of new roads or pads are a permitted use. Geotechnical studies which involve grading or construction of new roads or pads are subject to a use permit.

G.

Dredge Materials and Biosolids. In the LIA, LEA, DA, and RRD zones, the application of clean dredge material or biosolids from wastewater treatment plants is allowed with a use permit, subject, at a minimum, to general plan policy PF-2s.

H.

Hazardous Materials.

1.

A Use Permit is required for commercial and industrial uses otherwise permitted by-right in the RRD zone which involve significant quantities (over 100 kg/month) of hazardous materials as defined by Title 22 of the California Code of Regulations.

2.

Such uses are not permitted on land subject to a Williamson Act contract.

I.

Two (2) Parcel Subdivision for Agricultural Employee Housing. To accommodate the development of agricultural employee housing, the two (2) way division of a parcel subject to a Williamson Act contract is allowed subject to the following requirements:

1.

The parcel to be divided is in the in the LIA, LEA, DA, or RRD zone.

2.

The division complies with California Subdivision Map Act and County Code Chapter 25 (Subdivisions).

3.

The resulting parcel will be sold or leased for agricultural employee housing and is not more than five (5) acres in size. For the purposes of this section, "agricultural employee" shall have the same meaning as defined by Subdivision (b) of Section 1140.4 of the Labor Code.

The parcel will be sold or leased to a nonprofit organization, a city, a county, a housing authority, or a state agency, for the sole purpose of the provision and operation of agricultural employee housing. A lessee that is a nonprofit organization shall not sublease that parcel without the written consent of the landowner, and shall notify the county of such sublease.

5.

The parcel to be sold or leased will be subject to a deed restriction that limits the use of the parcel to agricultural employee housing facilities for not less than thirty (30) years. The deed restriction shall also provide, through reversionary or similar provision, that the parcel shall automatically revert to and be merged with the parcel from which it was subdivided when the parcel ceases to be used for farmworker housing for a period of more than one (1) year. The deed restriction shall be in a form satisfactory to county counsel.

6.

There is a written agreement between the parties to the sale or lease of the parcel and their successors to operate the parcel to be sold or leased under joint management of the parties, subject to the terms and conditions and for the duration of the Williamson Act contract.

8.

The agricultural employee housing project complies with the standards of Section 26-18-030 (agricultural employee housing).

9.

A subdivision of land pursuant to this section will not affect any Williamson Act contract executed pursuant to Article 3 (commencing with Section 51240) of the Government Code, and the parcel to be sold or leased will remain subject to that contract.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6458, § III, 12-5-2023; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6404, § II(Exh. A), 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-06-040. - Development standards.

A.

General. Table 6-2 identifies the development standards in the agricultural and resource zones.

B.

Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG Local Guidelines Combining District) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.

C.

TP Zone - Maximum Units Per Property. In the TP zone, more than one (1) detached single-family dwelling unit is allowed on a property under single ownership with a use permit. The total number of units may not exceed:

1.

Four (4) per property; and

2.

One (1) unit per one hundred sixty (160) acres or the maximum density allowed by the general plan, whichever is less.

D.

Lot Size Standards.

1.

Agricultural Homesite Parcels DA Zone. In the DA zone, a lot line adjustment may reduce a lot to less than ten (10) acres as allowed by Section 26-88-180 (agricultural homesite parcels).

2.

Additional Lot Size Standards. See 26-16-030.A (Williamson Act lands) and 26-16-030.B (clustered development).

E.

Lot Coverage. See 26-16-050.A (increased lot coverage for farm operations) and 26-16-050.B (residential greenhouses and swimming pools).

F.

Increased Building Height. The maximum allowed building height shown in Table 6-2 may be increased with design review approval in accordance with Article 82.

Table 6-2:Development Standards in Agriculture and Resource Zones

Key of symbols for Table 6-2:

† = Standard indicated in supplemental standards column

Standard LIA
Zone
LEA
Zone
DA
Zone
RRD
Zone
TP
Zone
Supplemental Standards
Residential Density (min. acres per unit) 20-100 60-320 10-60 20-320 160 26-06-040.C;
26-16-020
Lot Size (min. acres) 20 1.5 10 20 No min. 26-06-040.D;
26-16-030
Lot Width (min. ft.) 125 125 125 125 125
Front Property Line Setback (min. ft.) 30 30 30 30 See 26-06-
040.G.1
26-06-040.G;
26-16-060
Street Side Property Line Setback (min. ft.) 30 30 30 30 See 26-06-
040.G.1
26-06-040.G;
26-16-060
Interior Side Property Line Setback (min. ft.) 10 10 10 10 See 26-06-
040.G.1
26-06-040.G;
26-16-060
Rear Property Line Setback (min. ft.) 20 20 20 20 See 26-06-
040.G.1
26-06-040.G;
26-16-060
Front Street Centerline Setback (min. ft.) 55 55 55 55 No min.
Lot Coverage for Parcels less than 2 acres (max.) 20% 20% 20% 20% No max. 26-06-040.E;
26-16-050
Lot Coverage for Parcels 2 to 5 acres (max.) No max. † 18,000 sq. ft. or 15%, whichever is
greater; 26- 6-040.E; 26-16-050
Lot Coverage for Parcels more than 5 acres to 20
acres (max.)
No max. † 30,000 sq. ft. or 10%, whichever is
greater; 26- 6-040.E; 26-16-050
Lot Coverage for Parcels greater than 20
acres(max.)
No max. † 85,000 sq. ft. or 5%, whichever is
greater; 26- 6-040.E; 26-16-050
Height, Non-Agricultural Structures (max. ft.) 35 35 35 35 35 26-06-040.F;
26-16-040
Height, Agricultural Structures (max. ft.) 50 50 50 35 50 26-06-040.F;
26-16-040
Parking † See
Article 86

G.

Setbacks.

1.

TP Zone. Minimum setbacks from property lines in the TP zone are as follows:

a.

Front: ten percent (10%) of parcel depth to a maximum of seventy-five feet (75').

b.

Street and Interior Side: ten percent (10%) of parcel width to a maximum of twenty feet (20').

c.

Rear: twenty feet (20').

2.

Reduced Setbacks for Agricultural Buildings. In the LIA, LEA, and DA zones, minimum front and side setbacks for agricultural buildings and structures may be reduced up to fifty percent (50%) when necessary for efficient farming operations.

H.

Accessory Buildings on Vacant Parcels. See Section 26-16-080 (accessory buildings on vacant parcels).

I.

Two-Parcel Subdivision for Agricultural Employee Housing. To accommodate the development of agricultural employee housing, the two-way division of a parcel subject to a Williamson Act contract is allowed subject to the following requirements:

The parcel to be divided is in the in the LIA, LEA, DA, or RRD zone.

2.

The division complies with California Subdivision Map Act and County Code Chapter 25 (Subdivisions).

3.

The resulting parcel will be sold or leased for agricultural employee ("farmworker") housing and is not more than five (5) acres in size. For the purposes of this section, "agricultural employee" shall have the same meaning as defined by Subdivision (b) of Section 1140.4 of the Labor Code.

4.

The parcel will be sold or leased to a nonprofit organization, a city, a county, a housing authority, or a state agency, for the sole purpose of the provision and operation of agricultural employee housing. A lessee that is a nonprofit organization shall not sublease that parcel without the written consent of the landowner, and shall notify the county of such sublease.

5.

The parcel to be sold or leased will be subject to a deed restriction that limits the use of the parcel to agricultural employee housing facilities for not less than thirty (30) years. The deed restriction shall also provide, through reversionary or similar provision, that the parcel shall automatically revert to and be merged with the parcel from which it was subdivided when the parcel ceases to be used for agricultural employee housing for a period of more than one (1) year. The deed restriction shall be in a form satisfactory to county counsel.

6.

There is a written agreement between the parties to the sale or lease of the parcel and their successors to operate the parcel to be sold or leased under joint management of the parties, subject to the terms and conditions and for the duration of the Williamson Act contract.

7.

Reserved.

8.

The agricultural employee housing project complies with the standards of Section 26-18-030 (agricultural employee housing).

9.

A subdivision of land pursuant to this section will not affect any Williamson Act contract executed pursuant to Article 3 (commencing with Section 51240) of the Government Code, and the parcel to be sold or leased will remain subject to that contract.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 08. - Residential Zones.[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 08, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 08 pertained to DA Diverse Agriculture District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-08-010. - Purpose of article.

This article identifies allowed land uses, permit requirements for land uses, and basic development standards in the residential zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-08-020. - Purpose of residential zones.

A.

General. The residential zones provide areas for housing and other uses compatible with a residential setting.

B.

Specific.

1.

Agriculture and Residential (AR). The AR zone provides lands for raising crops and farm animals in areas designated primarily for rural residential use.

2.

Rural Residential (RR). The RR zone preserves the rural character and amenities in areas best utilized for low-density residential development. Rural residential uses are intended to take precedence over agricultural uses. Agricultural service uses are not allowed.

Low Density Residential (R1). The R1 zone stabilizes and protects the residential characteristics of an area and promotes and encourages a suitable environment for residents of all ages. The R1 zone is intended for low-density single-family homes which are compatible with the existing neighborhood character.

4.

Medium Density Residential (R2). The R2 zone reserves appropriately located areas for a variety of dwelling types at a reasonable range of densities and preserves the desirable characteristics of single-family neighborhoods while accommodating higher densities.

5.

High Density Residential (R3). The R3 zone allows a range of dwelling types at higher densities in appropriate locations and preserves the desirable characteristics of single-family neighborhoods while accommodating higher densities and to ensure adequate light, air, privacy, and open space for each dwelling unit.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-08-030. - Allowed land uses.

A.

General.

Table 8-1 identifies the allowed uses and permit requirements in the residential zones.

2.

All uses may be subject to additional standards and regulations and may require a zoning permit, design review, or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 8-1.

3.

If Table 8-1 shows two permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions, required as described in the use regulations for the allowed use.

B.

Additional Planning Permits.

1.

In addition to the permits identified in Table 8-1 , design review is required for certain projects in compliance with Article 82 (design review), including the following:

a.

All planned developments and condominiums with four (4) or more dwelling units in the RR zone.

b.

All dwelling groups, apartments, and similar residential developments with four (4) or more dwelling units in the R3 zone.

c.

Cottage housing developments, except where there are no exterior changes.

2.

A zoning permit or other permits may be required in addition to those permits identified in Table 8-1 . See individual use regulations sections for additional requirements that may apply.

Table 8-1:Allowed Land Uses in Residential Zones

Key of symbols for Table 8-1:

P = Permitted Use

P* = Permitted Use, subject to discretionary approval criteria

C = Conditional Use

  • = Prohibited Use
† = Permit requirement indicated in use regulations column † = Permit requirement indicated in use regulations column
Land Use AR
Zone
RR
Zone
R1
Zone
R2
Zone
R3
Zone
Use Regulations
Agricultural and Resource-Based Land Use
Category
--- --- --- --- --- --- ---
Agricultural Crop Production and Cultivation P P P P P 26-18-020
Agricultural Employee Housing P P P P P 26-18-030
Agricultural Processing C - - - - 26-18-040
Animal Keeping: Beekeeping P P P P P 26-18-070
Animal Keeping: Confned Farm Animals C - - - - 26-18-080
Animal Keeping: Farm Animals P P - - - 26-18-090
Animal Keeping: Pet Fancier P P - - - 26-18-110
Composting, Non-commercial P - - - - 26-18-140
Farm Retail Sales C - - - - 26-18-150
Farm Stands P C - - - 26-18-160
Indoor Crop Cultivation P/C P - - - 26-18-170
Mushroom Farming C - - - - 26-18-200
Nursery, Wholesale P P - - - 26-18-210
Timberland Conversions, Minor P P - - - 26-18-260;
26-88-150
Recreation, Education and Public Assembly Land
Use Category
Civic Institution - C C C C 26-22-040
Community Meeting Facilities C C C C C 26-22-050
Country Club C C C C C 26-22-060
Educational Institutions: Colleges and Universities - - C C C 26-22-070
Educational Institutions: Elementary and Secondary
Schools
C C C C C 26-22-080
Educational Institutions: Specialized Education and
Training
- C - - - 26-22-090
Golf Course C C C C C 26-22-100
Parks and Playgrounds - C C C C 26-22-110
Periodic Special Events P P P P P 26-22-120
Recreation and Sports Facilities: Rural Sports and
Recreation
C - - - - 26-22-160
Studios for Art Crafts, Dance, Music - C - - - 26-22-200
Residential Land Use Category
Accessory Dwelling Unit P P P P P 26-24-020;
26-88-060
Congregate Housing, Large C - C C 26-24-040
Congregate Housing, Small - P P P P 26-24-040
Cottage Food Operation P P P P P 26-24-050
Cottage Housing Developments - - P P - 26-24-060;
26-88-063
Dwelling, Multi-Family - - - P P 26-24-070
Dwelling, Single-Family P P P P P 26-24-080
Dwelling, Two-Family - - - P P 26-24-090
Family Day Care Home, Large P P P P P 26-24-100;
26-88-080
Family Day Care Home, Small P P P P P 26-24-100;
26-88-080
Guest House P P P - - 26-24-130
Home Occupation P P P P P 26-24-140;
26-88-121
Junior Accessory Dwelling Unit P P P P P 26-24-150;
26-88-061
Live/Work C C C C - 26-24-160;
26-88-122
Low-Barrier Navigation Center - - - P P 26-24-170
Mobile Home Parks - - C C C 26-24-190;
26-88-100
Permanent Supportive Housing P P P P P 26-24-200
--- --- --- --- --- --- ---
Residential Community Care, Large C C C C C 26-24-210
Residential Community Care, Small P P P P P 26-24-210
Single-Room Occupancy, Small - - - C P 26-24-220;
26-88-125
Single-Room Occupancy, Large C C 26-24-220;
26-88-125
State-Regulated Small Employee Housing P P P P P 26-24-230
Temporary Occupancy of Travel Trailer P P P - - 26-24-240;
26-88-010(n)
Transitional Housing P P P P P 26-24-250;
26-88-127
Retail Land Use Category
Fuel Station, Retail - - - - - 26-26-080
Fuel Station, Non-Retail - - - - - 26-26-081
Nursery, Retail C C - - - 26-26-120
Services Land Use Category
Cemeteries C C - - - 26-28-050
Commercial Horse Facilities C - - - - 26-18-060
Commercial Kennels C - - - - 26-18-070
Day Care Center C C C C C 26-28-080
Homeless Shelter, Small Scale - - C C C 26-28-090;
26-88-127
Horse Boarding P* - - - - 26-18-100
Lodging: Bed and Breakfast (B&B) C C - - - 26-28-130;
26-88-118
Lodging: Hosted Rental P P P - - 26-28-140
Lodging: Vacation Rental P P - - - 26-28-160
Medical Services: Hospitals - - - - C 26-28-180
Veterinary Clinic C - - - - 26-28-230
Transportation, Energy, Public Facilities Land Use
Category
Low Temperature Geothermal Resource
Development
C C C C C 26-30-050
Public Safety Facilities C C C C C 26-30-090
Public Utility Facilities C C C C C 26-30-100
Renewable Energy Facilities † See
26-30-110 and
Section 26-88-
200
Telecommunications Facilities † See
26-30-120 and
Section 26-88-
130
Other Land Uses
Cannabis Cultivation, Personal Use P P P P P 26-88-258

C.

Craft and Garage Sales. In the AR and RR zones, 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. Craft sales and garage sales involving three (3) or four (4) sales days per year require a use permit.

D.

Unlisted Land Uses.

1.

For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.

When the Director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6458, § IV, 12-5-2023; Ord. No. 6444, § VI, 8-22-2023; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6403, 3- 7-2023; Ord. No. 6386, § IV, 8-2-2022; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-08-040. - Development standards.

A.

General. Table 8-2 identifies the development standards in the residential zones.

B.

Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG local guidelines combining district) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.

Table 8-2:Development Standards - Residential Zones

Key of symbols for Table 8-2:

† = Standard indicated in supplemental standards column

Standard AR
Zone
RR
Zone
R1
Zone
R2
Zone
R3
Zone
Supplemental
Standards
Acres per Dwelling Unit (min.) 1-20 1-20 N/A N/A N/A 26-08-040.F;
26-16-020
Max. Dwelling Units per Acre (max.) N/A N/A 1-6 6-12 12-20 26-08-040.F;
26-16-020
Lot Size (min. sq. ft.) See 26-08-
040.G
See 26-08-
040.G
6,000 6,000 6,000 26-08-040.G;
26-16-030
Lot Width (min. ft.) 80 80 60 60 80
Front Property Line Setback (min. ft.) 30 20 20 20 15 26-08-040.J;
26-16-060
Street Side Property Line Setback (min. ft.) 30 20 20 20 15 26-08-040.J;
26-16-060
Interior Side Property Line Setback (min. ft.) 10 5 5 5 5 26-08-040.J;
26-16-060
Rear Property Line Setback (min. ft.) 20 20 20 20 10 26-08-040.J;
26-16-060
Front Street Centerline Setbacks (min. ft.) 55 45 45 45 45 26-16-060
Side Street Centerline Setbacks (min. ft.) 55 45 45 45 45 26-16-060
Lot Coverage (max.) See 26-08-
040.I.1
35% 40% 50% 60% 26-08-040.I;
26-16-050
Main Building Height (max. ft.) 35 35 35 35 26-08-040.H
Accessory Building Height (max. ft.) 35 35 15 35 1 story 26-08-040.H
Multi Family Development Standards † See
26-08-050
Parking † See
Article 86

C.

Affordable Housing. Development standards in this article may be modified for affordable housing and other priority projects in accordance with Article 89 (affordable housing program requirements and incentives).

D.

Cottage Housing. In the R2 and R3 zones, cottage housing developments are subject to the standards in Section 26-88-263 (cottage housing developments).

E.

R2 Multi-Family. In the R2 zone, multifamily developments of five (5) or more units are subject to the high density residential (R3) development standards including those listed in Table 8-2 and additional R3 standards listed in 26-08-040.

F.

Density Standards.

1.

Reduced Density in Residential Zones.

a.

All residential projects shall be designed to meet the minimum density requirements shown in the general plan land use element or on the sectional district maps, whichever is more restrictive.

b.

Nothing set forth in this section shall be construed to prohibit the construction of a single-family dwelling on a single lot of record.

2.

R3 Density Equivalents. In the R3 zone, residential densities are calculated in density unit equivalents shown in Table 8-3 using net parcel area (excluding right-ofway dedications).

Table 8-3:R-3 Residential Density Unit Equivalents

Dwelling Unit Size Density Units
Micro Apt or Studio (<500 sq. ft.) 0.33 density unit
One-bedroom (<750 sq. ft.) 0.5 density unit
Two-bedroom (<1,000 sq. ft.) 0.75 density unit
Three-bedroom 1.0 density unit
Four or more bedrooms 1.5 density units

G. Lot Size Standards. 1. AR Zone. The minimum lot size in the AR zone is: a. 1 acre on lots served by public water; and b. 1.5 acres on lots that are not served by public water. 2. RR Zone. a.

The minimum lot size in the RR zone is twenty thousand (20,000) square feet on lands designated urban residential on the general plan land use map. b.

On lands designated rural residential on the general plan land use map, the minimum lot size in the RR zone is:

(1)

One (1) acre on lots served by public water; and (2)

One and one-half (1.5) acres on lots that are not served by public water.

Williamson Act Lands. See Section 26-16-030.A (Williamson Act Lands).

Clustered Development. See Section 26-16-030.B (Clustered Development).

H. Height Standards.

Increased Building Height. See Section 26-16-040.A (Increased Building Height).

2.

Solar Impacts - R2 Zone.

a.

An application for a new main building in the R2 zone shall include evidence showing compliance with paragraph (2) below if the proposed building:

(1)

Exceeds fifteen feet (15') in height; and

(2)

Is located on a property with a side yard that abuts a north, northwesterly or northeasterly property line.

b.

The proposed building may not cast a shadow greater than ten percent (10%) of the solar collection absorption area on the adjacent lot at any one (1) time between the hours of 9:00 a.m. to 3:00 p.m. on December 21[st ] local standard time.

3.

R3 Increased Height. In the R3 zone, a maximum building height of three (3) stories and forty feet (40') is allowed with design review approval for:

a.

Housing opportunity area type "A" projects; or

b.

Projects where the majority of resident parking is provided as tuck-under (podium-style) ground floor parking.

4.

R3 Abutting R1 and R2. The following applies to R3 buildings within thirty feet (30') of an abutting R1 or R2 zone:

a.

The maximum height of a building within thirty feet (30') of the R1 or RR zone is thirty feet (30').

b.

A second story within thirty feet (30') of the R1 or R2 zone must be set back an additional five feet (5') or more from the first-floor building wall.

I.

Lot Coverage.

1.

AR Zone. Table 8-4 shows maximum allowed lot coverage in the AR zone.

Table 8-4: AR Zone Lot Coverage

Parcel Size Maximum Allowed Lot Coverage
Parcels less than 2 acres 20%
Parcels 2 to 5 acres 18,000 sq. ft. or 15%, whichever is greater
Parcels more than 5 acres to 20 acres 30,000 sq. ft. or 10%, whichever is greater
Parcels more than 20 acres 85,000 sq. ft. or 5%, whichever is greater

2.

R3 Zone.

a.

Lot area not occupied by buildings in the R3 zones shall be devoted to landscaping, lawns, private yard spaces, play or recreational areas, and open parking and access areas.

b.

The review authority may approve a ten percent (10%) increase in lot coverage upon finding that, due to the efficient use of land, the project provides sufficient onsite open space and recreation areas.

Farm Operations in RR Zone. See Section 26-16-050.A (Increased Lot Coverage for Farm Operations).

Greenhouses and Swimming Pools. See Section 26-16-050.B (Residential Greenhouses and Swimming Pools). J.

Setbacks.

R2 Abutting R1 or R2. If a side property line in the R2 zone abuts an R1 or RR zone, the minimum side yard setback is increased by one foot (1') for each four feet (4') of building height in excess of fifteen feet (15').

R2 and R3 Setback Adjustments. The following setback adjustments apply in the R2 and R3 zones.

a.

In a proposed project with multiple buildings, minimum front and street side setbacks for individual buildings may be reduced up to five feet (5') so that the average setbacks for all buildings are at least:

(1)

Twenty feet (20') in the R2 zone; and

(2)

Fifteen feet (15') in the R3 zone.to obtain an average of twenty feet (20') for all buildings in the proposed development.

b.

On lots where access is gained to an interior court by way of a side yard, or where an entrance to a building faces the sideline, the minimum interior side setback is ten feet (10'). 3.

Porches. Unenclosed front porches in multifamily projects may extend up to ten feet (10') into the required front setbacks provided that adequate sight distance is maintained from driveways, alleys or roads. 4.

Other Exceptions and Adjustments. See Section 26-16-060 (setbacks) for additional allowed exceptions and adjustments to setback standards. 5. Agricultural Buffers. An agricultural buffer may be required for any nonagricultural land use that adjoins land zoned AR or designated as agricultural land in the general plan. See Section 26-88-040(f). K. Waived Covered Parking for Single-Family Dwellings. See Section 26-16-80.B (waived covered parking for single-family dwellings). L. Planned Developments and Condominiums. 1. Where Allowed. Planned developments and condominiums are permitted in the RR, R1, R2, and R3 zones. 2. Development Standards.n Lot size, setback, and coverage requirements in Table 8-2 do not apply to planned developments and condominiums. 3.

R1 Density. In the R1 zone, allowed densities for planned developments or condominiums shall be in accordance with the general plan land use element or the B combining district, whichever is more restrictive. Allowed density shall also consider density which could be accommodated following conventional subdivision design, acknowledging topographical variations and permitted conventional lot areas.

Common Walls. Dwelling units in planned developments or condominiums may be attached and share common walls.

5.

Condominium Conversions. Condominium conversions proposed as part of planned developments or condominiums are subject to the requirements of Section 26-88-193 and applicable Housing Element policies.

6.

Review Criteria. When reviewing a proposed planned development or condominiums project, the review authority shall consider compatibility with adjacent development, unique characteristics, innovation, the provision of amenities, universal design, and housing affordability among relevant criteria.

M.

Accessory Buildings on Vacant Parcels. See Section 26-16-080.

(Ord. No. 6444, § IV, 8-22-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-08-050. - Multifamily development standards.

A.

Applicability. The standards in this section apply in the residential zones to dwelling groups and multifamily structures involving four or more dwelling units.

B.

Underground Utilities.

1.

All utility distribution facilities (including but not limited to electric, communication and cable television lines) installed in and for the purpose of supplying service to any residential development shall be placed underground, except for equipment appurtenant to underground facilities, (e.g., surface-mounted transformers, pedestal- mounted terminal boxes and meter cabinets, and concealed ducts).

2.

The developer is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies involved for the installation of the facilities.

C.

Landscaping. Landscaping shall be provided and perpetually maintained in all required yards for the life of the project.

D.

Drainage. Adequate drainage and stormwater management using low-impact development guidelines is required

E.

Refuse Collection Areas.

1.

All refuse collection areas shall be enclosed on at least three (3) sides by a five-foot high wall, such wall to be constructed of masonry or other material as specifically approved by design and site plan review.

2.

Alternate methods of refuse and recycling storage and screening thereof may be approved by the director.

F.

Parking.

1.

To the extent possible, all off-street parking areas shall be screened from view of surrounding residents by a fence not less than four feet (4') in height, or by landscape materials having a normal growth of not less than four feet (4') in height.

2.

All points of vehicular access and vehicular circulation to and from off-street parking areas and driveways and onto public rights of way shall be approved by the director of transportation and public works.

Unless an alternative permeable treatment is approved by the director of transportation and public works and design review, all off-street parking areas shall be paved with asphalt or its equivalent, and shall conform to the off-street parking design standards of Article 86. Use of alternative permeable surfaces is strongly encouraged wherever feasible in order to maintain or enhance groundwater absorption and recharge.

G.

Public Utilities. Public utilities and necessary easements shall be provided as required by applicable public utilities and agencies.

H.

Privacy.

1.

Main buildings shall be placed such that privacy issues are minimized.

2.

Building-to-building window placement shall be staggered, or otherwise designed to provide adequate privacy between the units, as determined by design and site plan review.

I.

Open/Recreational Space Requirement.

1.

In developments of four (4) or more rental units on a single lot, a landscaped, usable open recreational and leisure area, totaling at least two hundred (200) square feet for each dwelling unit, shall be provided except that for projects limited to seniors, at least one hundred fifty (150) square feet of landscaped, usable open area shall be provided for each dwelling unit.

2.

Landscaped areas shall be conveniently located and readily accessible to each dwelling unit, as determined by the review authority.

Private open space areas (i.e., patios and balconies) may be considered for up to 50 percent of the required open recreational and leisure area.

The following areas shall not be considered as contributing to the required recreational and leisure areas:

a.

Any required front or side yard.

b.

Any paved (non-permeable) area used for parking or vehicular circulation

c.

Any area with a dimension of less than six feet (6'). J. Exterior Lighting. 1.

Exterior lighting shall be low mounted, downward casting and fully shielded to prevent glare.

Lighting shall not wash out structures or any portions of the site.

3.

Light fixtures shall not be located at the periphery of the property and shall not spill over onto adjacent properties or into the night sky.

Flood lights are not permitted.

All parking lot and street lights shall be full cut-off fixtures. Lighting shall shut of automatically after closing and security lighting shall be motion sensor activated.

K.

Water Conservation.

1.

A water conservation plan including the best available conservation technologies or measures to reduce water demand to the maximum extent feasible including installation of recycled water plumbing, ultra low-flow fixtures, rainwater collection systems and graywater reuse.

2.

Landscaping plans must comply with the county code Chapter 7D3 (Water Efficient Landscape).

3.

Prior to building permit issuance, a landscape permit application shall be submitted for all new and rehabilitated landscapes, as required by county code Chapter 7D3. Verification from a qualified irrigation specialist that landscaping plan complies with Chapter 7D3 shall be provided prior to building permit issuance. The measures in the plan shall be implemented by the applicant and verified by department staff prior to certificate of occupancy or operation of the use.

L.

Vacation Rentals. No vacation rental, timeshares, or transient occupancies are allowed.

M.

Design Review. Prior to issuance of a building permit, design review approval is required for all dwelling groups, apartments, and similar residential developments with four (4) or more dwelling units.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 10. - Commercial Zones.[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 10, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 10 pertained to RRD Resources and Rural Development. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-10-010. - Purpose of article.

This article identifies allowed land uses in the commercial zones, permits required for allowed uses, and general standards for site development.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-10-020. - Purpose of commercial zones.

A.

General. The commercial zones provide appropriately located areas for a wide range of business and employment activities with development standards to ensure well-designed facilities and compatibility with adjacent land uses.

B.

Specific.

1.

Administrative and Professional Office District (CO). The CO zone provides areas for administrative and professional office space in urban service areas that are designed and landscaped so as to be harmonious with adjacent residential uses.

2.

Neighborhood Commercial District (C1). This C1 zone provides areas for various retail business, service and professional activities in rural neighborhoods and within urban service areas.

3.

Retail Business and Service District (C2). The C2 zone provides areas for a full range of retail goods and services to serve the countywide residential and business community. The C2 zone provides for comparison retail shopping and direct consumer service uses which are usually sought on occasion, rather than daily.

4.

General Commercial District (C3). The C3 zone provides a location for wholesale and heavy commercial uses and services necessary within the county which are not suited to other commercial districts.

Limited Commercial District (LC). The LC zone provides areas for retail sales and services necessary for the daily self-sufficiency of urban and rural areas in keeping with their character.

6.

Commercial Rural District (CR). The CR zone provides locations in rural areas and unincorporated communities for a mixture of residential and commercial uses. The CR zone supports compatibility between commercial uses and community residents by retaining discretionary jurisdiction over new commercial uses.

Agricultural Services District (AS). The AS zone limits allowed uses to those necessary to support local agricultural production.

8.

Recreation and Visitor-Serving Commercial District (K). The K zone encourages a compatible blend of recreation and tourist-commercial uses to maintain and enhance Sonoma County's recreational resources.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-10-030. - Allowed land uses.

A.

General.

Table 10-1 identifies the allowed uses and permit requirements in the commercial zones.

2.

All uses may be subject to additional standards and regulations and may require a zoning permit, design review or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 10-1.

3.

If Table 10-1 shows two (2) permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions as described in the use regulations for the allowed use.

B.

Additional Permits.

1.

In addition to the permits required by Table 10-1 , Design Review is required for all allowed uses in compliance with Article 82 (Design Review), except that design review is not required in the AS zone.

2.

A zoning permit or other permits may be required in addition to those permits required by Table 10-1 . See individual use regulations sections for additional requirements that may apply.

Table 10-1:Allowed Land Uses in Commercial Zones

Key of symbols for Table 10-1:

P = Permitted Use

P* = Permitted Use, subject to discretionary approval criteria

C = Conditional Use

  • = Prohibited Use

  • = Permit requirement indicated in Use Regulations column

Land Use CO
Zone
C1
Zone
C2
Zone
C3
Zone
LC
Zone
CR
Zone
AS
Zone
K
Zone
Use Regulations
Agricultural and Resource-Based Land
Use Category
Agricultural Crop Production and
Cultivation
- - - - - - P P 26-18-020
Agricultural Employee Housing - - - - - - P P 26-18-030
Agricultural Processing - - - - - C C - 26-18-040
--- --- --- --- --- --- --- --- --- ---
Agricultural Support Services - - - - - P*/C P*/C - 26-18-060
Animal Keeping: Beekeeping P P P P P P P P 26-18-070
Animal Keeping: Livestock Feed Yards - - - - - C C - 26-18-100
Farm Retail Sales - - - - - - P - 26-18-150
Farm Stands - - - - - - P - 26-18-160
Mushroom Farming - - - - - C C - 26-18-200
Nursery, Wholesale - - - C C - P P 26-18-210
Tasting Rooms - - - - - P* P* - 26-18-220
Industrial, Manufacturing, Processing
and Storage Land Use Category
Animal Product Processing - - - - - C C - 26-20-020
Fertilizer Plants C 26-20-030
Laboratories - - - C - - - - 26-20-040
Laundry Plants - - - P - - - - 26-20-050
Manufacturing/Processing, Light - - - P - - - - 26-20-070
Manufacturing/Processing, Medium - - - P - - - - 26-20-080
Recycling Collection Facilities † See
26-20-090 and
26-88-
070
Recycling Processing Facilities † See
26-20-100 and
26-88-
070
Storage: Contractor's Storage Yard - - - C C - - - 26-20-110
Storage: Manufacture Home Storage - - - C - - - - 26-20-120
Storage: Personal Storage - - - P/C P/C - - - 26-20-130
Storage: Vehicle, Boat, and RV Storage - - - C C - - - 26-20-140
Storage: Warehouses - - - P - - - - 26-20-150
Storage: Wholesale and Distribution - - - P - - - - 26-20-160
Wrecking and Salvage Yards - - - C - - - - 26-20-170
Recreation, Education and Public
Assembly Land Use Category
Camp, Organized - - - - - - - C 26-22-020
Campgrounds - - - - - - - C 26-22-030
Civic Institution C - - - - - - C 26-22-040
Community Meeting Facilities C C C - C C - C 26-22-050
Country Clubs - - - - - - - C 26-22-060
Educational Institutions: Colleges and
Universities
- C P - C - - C 26-22-070
Educational Institutions: Specialized
Education and Training
- C P - C - - C 26-22-090
Golf Course - - - - - - - C 26-22-100
Parks and Playgrounds C - - - - - - P/C 26-22-110
Periodic Special Events P P P P P P P P 26-22-120
Recreation and Sports Facilities:
Health/Fitness Facility
C - C C C C - C 26-22-130
Recreation and Sports Facilities:
Recreation Facility, Indoor
C - C C C C - C 26-22-140
Recreation and Sports Facilities:
Recreation Facility, Outdoor
- - - - - - - C 26-22-150
Recreation and Sports Facilities: Rural
Sports and Recreation
- - - - - - - C 26-22-160
Recreation and Sports Facilities:
Shooting Ranges
- - - - - - - C 26-22-170
--- --- --- --- --- --- --- --- --- ---
Sports and Entertainment Assembly - - - - - - - C 26-22-190
Studios for Art Crafts, Dance, Music - C - - C - - C 26-22-200
Theater and Entertainment Venues - - C C - - - - 26-22-210
Visitor/Interpretive Center - - - - - - - P 26-22-220
Residential Land Use Category
Accessory Dwelling Unit P P P P P P P P 26-24-020;
26-88-060
Caretaker Dwelling - - - C C - C C 26-24-030
Dwelling, Single-Family C C C C C P P C 26-24-080
Family Day Care Home, Large - P P - P P P P 26-24-100;
26-88-080
Family Day Care Home, Small - P P - P P P P 26-24-100
Home Occupation P - - - - P P P 26-24-140;
26-88-121
Junior Accessory Dwelling Unit P P P P P P P P 26-24-150;
26-88-061
Live/Work C C C C C C C C 26-24-160;
26-88-122
Low-Barrier Navigation Center P P P - P - - P 26-24-170
Mixed-Use Development C P*/C P*/C - P*/C - - C 26-24-180;
26-88-123
Permanent Supportive Housing P P P P P P P - 26-24-200
Residential Community Care, Large C C C C C - C C 26-24-210
Residential Community Care, Small P P P - P P P P 26-24-210
Single-Room Occupancy, Large - C C - C - - - 26-24-220;
26-88-125
Single-Room Occupancy, Small - - C - P* - - - 26-24-220;
26-88-125
State-Regulated Small Employee
Housing
C C C C C P P C 26-24-230
Transitional Housing P P P P P P P - 26-24-250;
26-88-127
Retail Land Use Category
Alcoholic Beverage Sales, Large P P - P C 26-26-020
Alcoholic Beverage Sales, Small - C C C C C - - 26-26-020;
26-88-195
Bar, Tavern, Nightclub - C P C C C - C 26-26-030
Building and Landscape Materials Sales - - - P - - C - 26-26-040
Farm Equipment and Supplies Sales and
Rental
- - - P P C - 26-26-050
Fuel Dealers - - - C C C - - 26-26-070
Fuel Station, Retail - - - - - - - - 26-26-080
Fuel Station, Non-Retail - C C C C C - - 26-26-081
General Retail - P * P P P* C - C 26-26-090
Heavy Equipment Sales and Rentals - - - C C C - - 26-26-100
Manufactured Homes Sales and Rentals - - - P - - - - 26-26-110
Nursery, Retail - - P - C - C - 26-26-120
Outdoor Vendor - C C - C - - - 26-26-130
Restaurant - P/C P - P/C - - P/C 26-26-140
Vehicles/Boats Sales and Rentals - - C P C - - - 26-26-150
Services Land Use Category
Adult Entertainment Establishment - - - C - - - - 26-28-020;
26-88-010(f)
Banks and Financial Institutions P P P - P C - - 26-28-030
Business Support Services - - C P - - - - 26-28-040
Commercial Kennels - - C C C C C - 26-18-070
Day Care Center C C C C C - C C 26-28-080
Homeless Shelter: Emergency - - C C C C - - 26-28-090;
26-88-127
--- --- --- --- --- --- --- --- --- ---
Homeless Shelter: Small Scale - - C P P C - - 26-28-090;
26-88-127
Lodging: Bed and Breakfast (B&B) - C P - C C - C 26-28-130
Lodging: Hosted Rental - - - P P - - - 26-28-140
Lodging: Hotel, Motel, and Resort - - C - - - C C 26-28-150
Lodging: Vacation Rental - - P - P - - P 26-28-160
Lodging: Timeshare - - - - - - - C 26-28-165
Land Use CO
Zone
C1
Zone
C2
Zone
C3
Zone
LC
Zone
CR
Zone
AS
Zone
K
Zone
Use Regulations
Maintenance and Repair Service, Non-
Vehicular
- - P P - - - - 26-28-170
Medical Services: Hospitals C C - - - - - - 26-28-180
Medical Services: Ofces and Outpatient
Care
P - - - P C - - 26-28-190
Personal Services - P P - P P - C 26-28-200
Professional Ofce P P P - P - - P* 26-28-210
Vehicle Maintenance and Repair - - C P C C C - 26-28-220
Veterinary Clinic C C C C C C - - 26-28-230
Transportation, Energy, Public Facilities
Land Use Category
Airfelds and Landing Strips: Restricted
Use Airfeld
- - - - - - - - 26-30-030
Dispatch Facility - - - C - - - - 26-30-040
Low Temperature Geothermal Resource
Development
C C C C C C C C 26-30-050
Marinas - - - - - - - C 26-30-060
Parking Facilities - - C C - - - - 26-30-080
Public Safety Facilities C C C C C C C C 26-30-090
Public Utility Facilities C C C C C C C C 26-30-100
Renewable Energy Facilities † See
26-30-110 and
Section
26-88-200
Telecommunications Facilities † See
26-30-120 and
Section
26-88-130
Truck/Bus/Freight Terminal - - C C C C - - 26-30-130
Other Land Uses
Commercial Cannabis Uses † See
26-88-250;
26-88-254;
26-88-256

C.

Amplified Live Music. Amplified live music allowed with a Use Permit in the C2, C3, LC, AS, and K zones.

D.

Accessory Storage Yards: In the C3 and LC zones, storage yards accessory to a permitted use are allowed provided the storage yards does not exceed one hundred percent (100%) of the gross area of the main building.

E.

Agricultural Products Sale and Promotion CR Zone. In the CR zone, the sale and promotion of agricultural products grown, produced, or processed on site is allowed, subject to design review.

F.

Unlisted Land Uses.

For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use, if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.

2.

When the Director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6458, § V, 12-5-2023; Ord. No. 6424, § III(Exh. B), 4-24-2023; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6363 § II(Exh. A), 12-14-2021; Ord. No. 6352, § VII, 9-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-10-040. - Development standards.

A.

General. Table 10-2 identifies the development standards in the commercial zones.

B.

Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG local guidelines combining district) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.

Table 10-2:Development Standards in Commercial Zones

Key of symbols for Table 10-2:

† = Standard indicated in Supplemental Standards column

Standard CO
Zone
C1
Zone
C2
Zone
C3
Zone
LC
Zone
CR
Zone
AS
Zone
K
Zone
Supplemental Standards
Lot size for lots with public sewer service
or with both public sewer and public
water service (min.)
8,000
sq. ft.
8,000
sq. ft.
8,000
sq. ft.
8,000
sq. ft.
8,000
sq. ft.
8,000
sq. ft.
8,000
sq. ft.
8,000
sq. ft.
Lot size for lots with public water service
and no public sewer service (min.)
1 acre 1 acre 1 acre 1 acre 1 acre 1 acre 1 acre 1 acre
Lot size for lots with no public water
service and no public sewer service
(min.)
1.5
acres
1.5
acres
1.5
acres
1.5
acres
1.5
acres
1.5
acres
1.5
acres
1.5
acres
Lot Width (min.) No min. No min. No min. No min. No min. No min. No min. 80 ft.
Front Property Line Setbacks (min.) See 26-
10-
040.F
No min. No min. No min. No min. See 26-
10-
040.D
No min. See 26-
10-
040.H
26-10-040.E and G
Side Property Line Setbacks (min.) See 26-
10-
040.F
No min. No min. No min. No min. See 26-
10-
040.D
No min. See 26-
10-
040.H
26-10-040.E and G
Rear Property Line Setbacks (min.) See 26-
10-
040.F
No min. No min. No min. No min. See 26-
10-
040.D
No min. See 26-
10-
040.H
26-10-040.E and G
Lot Coverage (max.) 50% 50% 50% 50% 50% 50% 50% 50% 26-16-050.C
Height (max. ft.) 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 26-10-040.C
Maximum Building Intensity † See 26-10-040.K
Parking † See
Article 86

C.

Increased Building Height. The maximum allowed building height in Table 10-2 may be increased with a use permit. A building with increased allowed height may not exceed the maximum allowed building intensity in the applicable zone.

D.

CR Zone Setbacks. Required setbacks in the CR are as follows:

1.

Lots exclusively occupied by a commercial use: Same as LC zone.

2.

Lots not exclusively occupied by a commercial use and less than 6,000 square feet: Same as R1 zone.

3.

Lots not exclusively occupied by a commercial use and 6,000 square feet or more: Same as RR zone, but may be reduced if the planning director determines that a practical hardship exists.

E.

C2, C3, LC, AS Increased Setbacks. Increased minimum setbacks in the C2, C3, LC, AS zones may be increased:

1.

On properties abutting collector or arterials roads as designated in the general plan; and

2.

To accommodate landscaping required by this article.

F.

CO Zone Setbacks. Minimum setbacks in the CO zone are as follows:

Front property line: fifteen feet (15').

2.

Front centerline of public road, street or highway: forty-five feet (45').

3.

Side property line: five feet (5') or fifty percent (50%) of the building height, whichever is greater.

4.

Rear property line: ten feet (10') or fifty percent (50%) of the building height, whichever is greater.

G.

Residential Zone Setbacks. Table 10-3 shows increased minimum setbacks required when a parcel in a commercial zone is opposite from or abuts a residential zone.

Table 10-3:Setbacks from Residential Zones

Table 10-3:Setbacks from Residential Zones
Property Line Minimum Setback in C1, C3, LC, AS Zones Minimum Setback in C2 Zone
Front property line opposite a residential zone same as the residential zone same as the residential zone
Side or rear property line that abuts a residential
zone
10 ft. 5 ft.

H.

K Zone Setbacks.

1.

Minimum setbacks in the K zone are as follows:

a.

Front property line: fifteen feet (15'). Setbacks for individual buildings may be reduced up to five feet (5') so that the average setbacks for all buildings are at least fifteen feet (15').

b.

Front centerline of public road, street or highway: forty-five feet (45').

c.

Street side property line: fifteen feet (15')

d.

Interior side property line: five feet (5'); ten feet (10') on lots where access is gained to an interior court by way of a side yard, or where an entrance to a building faces the side line

e.

Rear property line: ten feet (10').

2.

Minimum setbacks for commercial uses in the K zone may be waived by the BZA.

I.

Guest Parking K Zone.

0.5 uncovered guest parking spaces are required per unit in a garden apartment or dwelling groups involving four (4) or more dwelling units.

Developments with nine (9) or more dwelling units shall provide an additional 0.5 guest parking spaces per unit with two (2) or more bedrooms.

J.

Planned Developments and Condominiums.

1.

Where Allowed. Commercial planned developments and condominiums are permitted in the CO, C1, C2, C3, LC, and CR zones.

Development Standards.

a.

Minimum setback requirements in Table 10-2 do not apply to planned developments and condominiums in the CO, C1, C2, and LC zones.

b.

Minimum lot size requirements in Table 10-2 do not apply to planned developments and condominiums in the CO, C1, and C2 zones.

c.

Minimum project area in the CR zone: one (1) acre.

3.

Condominium Conversions. Condominium conversions proposed as part of a planned development or condominium project may be approved through a use permit waiver in conformance with county code Chapter 25 (subdivisions) and 26-88-193.

Review Criteria. Compatibility and provision of amenities shall be required and unique characteristics, design innovation and creativity shall be additional criteria utilized in evaluating proposed planned development and condominiums projects.

K.

Maximum Building Intensity.

Definition. Maximum building intensity is the maximum volume of structures permitted on a lot, as expressed in cubic feet.

Calculation. Maximum building intensity is calculated by multiplying the maximum permitted building height by the maximum square footage of lot coverage permitted on a lot.

Example. If a lot is ten thousand (10,000) square feet and the maximum permitted height in the applicable zoning district is thirty feet (30') and the maximum permitted lot coverage is forty percent (40%), the maximum building intensity equation would be (.4*10,000)*30 and the maximum intensity would be one hundred twenty thousand (120,000) cubic feet.

Relationship to Use Permits. Height or lot coverage limits may be modified when a use permit is first secured, however maximum building intensity may not be increased beyond the amount calculated using the original height and coverage limits.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 12. - Industrial Zones.

Sec. 26-12-010. - Purpose of article.

This article identifies allowed land uses in the industrial zones, permits required for allowed uses, and general standards for site development.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-12-020. - Purpose of industrial zones.

A.

General. The industrial zones provide areas for a wide range of business and employment activities with standards to ensure well-designed facilities that are compatible with adjacent land uses. The industrial zones accommodate land uses that provide jobs and services for county residents and businesses. B.

Specific.

Industrial Park (MP) Zoning District: The MP zone provide areas exclusively for modern compatible industrial research, light manufacturing, assembly and headquarters office uses. The permitted uses, dimensional standards and landscaping requirements are designed to ensure compatibility with adjoining nonindustrial areas.

2.

Limited Urban Industrial (M1) Zoning District: The M1 zone provides areas for land extensive industrial development or industrial development within designated urban service areas. Development in the M1 zone is limited in scale by such factors as incompatible adjacent land uses and adverse environmental impacts.

Heavy Industrial (M2) Zoning District: The M2 zone provide areas within urban service areas which permit a wide range of industrial uses.

Limited Rural Industrial (M3) Zoning District: The M3 zone provide areas for land extensive industrial development or industrial development within designated urban service areas. Development in the M3 zone is limited in scale by such factors as lack of public services, incompatible adjacent land use, and adverse environmental impacts.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-12-030. - Allowed land uses.

A.

General.

1.

Table 12-1 identifies the allowed uses and permit requirements in the agricultural and resource zones.

All uses may be subject to additional standards and regulations and may require a zoning permit, design review, or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 12-1 .

3.

If Table 12-1 shows two (2) permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions as described in the use regulations for the allowed use.

B.

Additional Permits.

1.

In addition to the permits required by Table 12-1, design review is required for all allowed uses in compliance with Article 82 (Design Review). In the MP, M1, and M3 zones, if any regulation in this article differ from those in Article 82, this article governs.

A zoning permit, design review or other permits may be required in addition to those permits required by Table 12-1. See individual use regulations sections for additional requirements that may apply.

Table 12-1:Allowed Land Uses in Industrial Zones

Key of symbols for Table 12-1:

P = Permitted Use

P* = Permitted Use, subject to discretionary approval criteria

C = Conditional Use

  • = Prohibited Use

  • = Permit requirement indicated in use regulations column

Land Use MP
Zone
M1
Zone
M2
Zone
M3
Zone
Use Regulations
Agricultural and Resource-Based Land Use Category
Agricultural Crop Production and Cultivation - P P P 26-18-020
Agricultural Employee Housing - P P P 26-18-030
Agricultural Processing C C C C 26-18-040
Animal Keeping: Beekeeping P P P P 26-18-070
Timber Saw Mills and Lumber Production - - C C 26-18-250
Industrial, Manufacturing, Processing and Storage Land
Use Category
Animal Product Processing - - C - 26-20-020
Fertilizer Plants C 26-20-030
Laboratories P P P P 26-20-040
Laundry Plants - P P P 26-20-050
Manufacturing/Processing, Heavy - C C C 26-20-060
Manufacturing/Processing, Light P P P P 26-20-070
Manufacturing/Processing, Medium P P P P 26-20-080
Recycling Collection Facilities † See
26-20-090 and
26-88-070
Recycling Processing Facilities † See
26-20-100 and
26-88-070
Storage: Contractor's Storage Yard - C C C 26-20-110
Storage: Manufactured Home Storage - P P P 26-20-120
Storage: Personal Storage - P/C P/C P/C 26-20-130
Storage: Vehicle, Boat, and RV Storage - P P P 26-20-140
Storage: Warehouses P P P P 26-20-150
Storage: Wholesale and Distribution P - P - 26-20-160
Wrecking and Salvage Yards - - C C 26-20-170
Recreation, Education and Public Assembly Land Use
Category
Community Meeting Facilities C C C C 26-22-150
Periodic Special Events P P P P 26-22-120
Recreation and Sports Facilities: Health/Fitness Facility C C C C 26-22-130
Recreation and Sports Facilities: Recreation Facility,
Indoor
C C C C 26-22-140
Recreation and Sports Facilities: Shooting Ranges - - C C 26-22-170
Theater and Entertainment Venues P - - - 26-22-210
Residential Land Use Category
Accessory Dwelling Unit P P P P 26-24-020;
26-88-060
Caretaker Dwelling C C C C 26-24-030
Junior Accessory Dwelling Unit P P P P 26-24-150;
26-88-061
--- --- --- --- --- ---
Residential Community Care Facility, Large C C C C 26-24-210;
26-88-125
Work/Live - C - - 26-24-260
Retail Land Use Category
Building and Landscape Materials Sales - P P P 26-26-040
Farm Equipment and Supplies Sales and Rentals - P P P 26-26-050
Fuel Dealers - - - C 26-26-070
Fuel Station, Retail - - - - 26-26-080
Fuel Station, Non-Retail C C C - 26-26-081
Heavy Equipment Sales and Rental - P - P 26-26-100
Restaurants P/C C C - 26-26-140
Vehicles/Boat Sales and Rentals - P - P 26-26-150
Services Land Use Category
Banks and Financial Institutions C C C - 26-28-030
Business Support Services P P P P 26-28-040
Day Care Center C C C C 26-28-080
Homeless Shelter, Emergency C P C - 26-28-090;
26-88-127
Homeless Shelter, Small Scale C P C - 26-28-090;
26-88-127
Lodging: Hotel, Motel, and Resort C C C - 26-28-150
Maintenance and Repair Service, Non- Vehicular P P P P 26-28-170
Professional Ofce P* P P P 26-28-210
Vehicle Maintenance/Repair - C C C 26-28-220
Veterinary Clinic - C - - 26-28-230
Transportation, Energy, Public Facilities Land Use
Category
Airfelds and Landing Strips: Restricted Use Airfeld - C C C 26-30-030
Dispatch Facility - C - - 26-30-040
Low Temperature Geothermal Resource Development C C C C 26-30-050
Public Safety Facilities P C C C 26-30-090
Public Utility Facilities P C C C 26-30-100
Renewable Energy Facilities † See
Section 26-30-110 and
Section 26-
88-200
Telecommunications Facilities † See
Section 26-30-120 and
Section 26-
88-130
Truck/Bus/Freight Terminal - C C C 26-30-130
Other Land Uses
Commercial Cannabis Uses † See
26-88-250;
26-88-254;
26-88-256

C.

Amplified Live Music. Amplified live music is allowed with a use permit in all industrial zones.

D.

Incidental Commercial Uses in M3. In the M3 zone, retail commercial and service uses incidental to and in conjunction with industrial development are permitted.

E.

Hazardous Materials. Uses which involve noxious odors or fumes, explosives, flammables, radiation, or other hazards to the surrounding property require a use permit.

F.

Unlisted Land Uses.

1.

For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.

2.

When the Director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6352, § VIII, 9-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-12-040. - Development standards.

A.

General. Table 12-2 identifies the development standards in the industrial zones.

B.

Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG local guidelines combining district) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.

Table 12-2:Development Standards - Industrial Zones

Key of symbols for Table 12-2:

† = Standard indicated in Supplemental Standards column

Standard MP
Zone
M1
Zone
M2
Zone
M3
Zone
Supplemental Standards
Lot size for lots with no public water or sewer service
(min. ac. or sf.)
1.5 ac 1.5 ac 20,000 sf 1.5 ac
Lot size for lots with public water service but no public
sewer service (min. ac. or sf.)
1 ac 1 ac 20,000 sf 1 ac
Lot size for lots with public sewer service designated
General Industrial in general plan (min. sf.)
As
designated
on zoning
map
20,000 sf 20,000 sf 10,000 sf
Lot size for lots with public sewer service designated
Limited Industrial in general plan (min. sf.)
As
designated
on zoning
map
10,000 sf 20,000 sf 10,000 sf
Lot Width (min. ft.) No min. No min. 80 No min.
Front Setbacks (min. ft.) As
established
by precise
development
plan or
specifc plan
No min. No min. No min. 26-12-040.E,F,G
Street Side Setbacks (min. ft.) As
established
by precise
development
plan or
specifc plan
No min. No min. No min. 26-12-040.E,F,G
Interior Side Setbacks (min. ft.) As
established
by precise
development
plan or
specifc plan
No min. No min. No min. 26-12-040.E,F,G
Rear Setbacks (min. ft.) 10 ft. No min. No min. No min. 26-12-040.E,F,G
Lot Coverage (min.) 50% 50% 50% 50% 26-16-050.B
Height (max. ft.) 65 65 65 65 26-12-040.H&I
--- --- --- --- --- ---
Building Intensity (max.) † See 26-12-040.M
Parking † See
Article 86;26-12-040.J

C.

Increased Lot Coverage. See Section 26-16-050.C (increased lot coverage in commercial, industrial and PC zones).

D.

MP Zone Landscaping. A minimum of twenty percent (20%) of a site in the MP zone shall be reserved for landscaping.

E.

MP Residential Buffer.

1.

In the MP zone a minimum 100-foot setback is required from a property line that that fronts, sides or backs upon:

a.

A residential zone, or

b.

A street the opposite side of which is a residential zone.

2.

The first fifty feet (50') of the setback nearest the property line shall be used and maintained only as landscaped planting or screening strip, except for access ways.

3.

The remainder of the setback may be used only for off-street parking or shall be landscaped in the same manner as the first fifty feet (50') of the setback area.

F.

Increased M1, M2, M3 Setbacks. Minimum required setbacks in the M1, M2, and M3 zones may be increased when required by the general plan or to accommodate any landscaping required for design review approval.

G.

Residential Zone Setbacks.

1.

If any portion of the front property line in the M1, M2, or M3 zone is opposite a residential zone, the minimum front setback is the same as the residential zone.

2.

If a side or rear property line in the M1, M2, or M3 zone abuts a residential zone, a minimum ten-foot setback is required.

H.

Increased Building Height. See Section 26-18-040 (increased allowed height).

I.

Height MP Zone.

1.

The height of a structure may not exceed twenty-eight feet (28') at a required minimum setback line.

2.

For each foot of setback from a minimum setback line, an additional six inches (6") of height is permitted to a maximum of sixty-five feet (65').

J.

MP Parking.

Table 12-3 shows the required number of off-street parking spaces in the MP zone.

Table 12-3:MP Zone Required Off-Street Parking

Land Use Required Parking
Warehousing and storage 1 per 2,000 sq. ft.
Buildings with 15,000 sq. ft. or less of ofce use 1 per 250 sq. ft.
Buildings with more than 15,000 sq. ft. of ofce use 1 per 275 sq. ft.
Manufacturing, processing, packaging 1 per 500 sq. ft.
All other allowed uses 1 per 500 sq. ft.

2.

One (1) parking space shall be provided for each vehicle used in conjunction with the permitted use and stored on the premises.

3.

Off-street parking may not be located in a required front yard.

4.

Off-street parking may be located in a required side or rear yard if the parking is separated from the side lot by a minimum five-foot landscaped area. This requirement may be waived by the design review committee for the rear yard.

K.

Accessory Buildings. In M1, M2, and M3 zones, accessory uses and buildings may not alter the character of the site.

L.

Planned Developments and Condominiums.

1.

Where Allowed. Planned industrial developments and industrial condominiums are permitted in all industrial zones.

Development Standards.

a.

In the MP and M2 zones, minimum lot size, lot overage and setback requirements in Table 10-2 apply to planned developments and condominiums unless otherwise specified in the use permit.

b.

In the M1 and M3 zones, minimum lot size, lot overage and setback requirements in Table 10-2 do not apply to planned developments and condominiums.

3.

Condominium Conversions. In the MP and M2 zones, industrial condominium conversions proposed as part of a planned development or condominium project may be approved through a use permit waiver and must conform with county code Chapter 25 (subdivisions).

4.

Review Criteria.

a.

In the MP and M2 zones, compatibility with adjacent development and the provision of amenities shall be required and design innovation, creativity and unique characteristics shall be additional criteria utilized in evaluating proposed planned development and condominiums projects.

b.

In the M1 and M3 zones, compatibility with adjacent development, unique characteristics, innovation and the provision of amenities shall be the primary criteria utilized in evaluating proposed planned development and condominiums projects.

M.

Maximum Building Intensity.

Definition. Maximum building intensity is the maximum volume of structures permitted on a lot, as expressed in cubic feet.

2.

Calculation. Maximum building intensity is calculated by multiplying the maximum permitted building height by the maximum square footage of lot coverage permitted on a lot.

3.

Example. If a lot is ten thousand (10,000) square feet and the maximum permitted height in the applicable zoning district is thirty feet (30') and the maximum permitted lot coverage is forty percent (40%), the maximum building intensity equation would be (.4*10,000)*30 and the maximum intensity would be 120,000 cubic feet.

4.

Relationship to Use Permits. Height or lot coverage limits may be modified when a use permit is first secured, however maximum building intensity may not be increased beyond the amount calculated using the original height and coverage limits.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-12-050. - MP zone design requirements.

A.

Minimum District Size. The MP zone may only be applied to an area forty (40) acres or more, unless a smaller area is suitable because of unusual parcel configuration, topography or location.

B.

Access. Access to an area zoned MP shall be directly from:

An arterial or collector roadway as designated in the circulation element of the general plan; and/or

A freeway frontage road.

C.

Use Locations.

1.

All uses shall be conducted primarily within buildings.

2.

Any outdoor activities such as storage or loading facilities shall be incidental to the primary use of the property.

D.

Landscaping.

1.

All unused portions of each parcel devoted to the permitted use shall be maintained as a landscaped area.

2.

For phased developments, landscaping shall be installed along the entire street frontage during the first phase or as determined through the design review process. Undeveloped areas shall be mowed periodically for grass/fire control, not used for any kind of storage and kept in a clean and orderly fashion at all times. E.

Outdoor Storage.

1.

Outdoor storage of merchandise, material and equipment is permitted only when associated with the principal operation conducted within the buildings on the lot.

2.

Outdoor storage may occupy more than fifteen percent (15%) of the lot only with design review approval.

The location of outdoor storage areas shall provide for complete screening of storage from adjacent properties as determined by the decision maker.

Material or equipment stored may not be piled or stacked higher than the required screening. F. Boundary Fencing. 1. Boundary fencing, except when allowed by Article 82 (design review), may not be constructed in any required yard which abuts a street. 2. Boundary fencing may be of open wire mesh or similar open construction with the exception of those screening approved outdoor storage areas. 3. Landscaping shall be provided where necessary to screen boundary fencing from adjacent residences, businesses and public roads. G. Signs. 1. Street Entrance Signs to Identify the District. a. One (1) detached sign is allowed at each street entrance on an MP zone in order to identify the area and industries. b. Street entrance signs may not contain advertising copy. c. Street entrance signs may not exceed one hundred seventy-five (175) square feet in area or six feet (6') in height. d.

idences, businesses and public roads. G. Signs. 1. Street Entrance Signs to Identify the District. a. One (1) detached sign is allowed at each street entrance on an MP zone in order to identify the area and industries. b. Street entrance signs may not contain advertising copy. c. Street entrance signs may not exceed one hundred seventy-five (175) square feet in area or six feet (6') in height. d.

Street entrance signs may be located in a yard adjacent to a street or right of way, but may not be closer than ten feet (10') to a street or right-of-way property line. 2.

Detached Appurtenant Signs.

a.

One (1) detached appurtenant sign not to exceed thirty-two (32) square feet in area or four feet (4') in height is permitted on each street frontage of each lot. b.

Parcels with over a 200-foot frontage may have additional signs if they are spaced a minimum of one hundred seventy-five feet (175') apart.

c.

Detached appurtenant signs may be located in a yard adjacent to a street or right of way, but may be closer than ten feet (10') to a street or right-of-way property line.

Attached Appurtenant Signs.

a.

The total attached appurtenant sign area shall not exceed three percent (3%) of the total area of the walls on any face of the building to which they are attached. Occupant signs shall be scaled proportionately to the amount of overall space occupied within the building.

b.

Fascia and roof signs are not permitted

H.

Loading Spaces.

1.

A minimum of one (1) loading space per forty thousand (40,000) square feet of gross building floor area is required. Buildings used primarily for office purpose are exempt from this requirement.

2.

Loading spaces shall be at least twelve feet (12') by forty feet (40') with fourteen feet (14') of clearance height.

3.

Loading spaces shall be provided for each tenant on the premises with forty thousand (40,000) square feet of gross building floor area or more.

Loading spaces may not be located in the required front yard.

5.

Loading spaces shall not face any public street and must one hundred (100) or more [sic] from a residential zone unless adequately screened and approved by the decision maker.

6.

In the case where buildings are used primarily for office purposes, this requirement may be deleted.

I.

Performance Standards.

1.

Noise. Noise related to industrial uses shall be controlled so as to be in compliance with the noise element of the general plan.

2.

Vibration. Vibration shall not be permitted which is discernible with instruments at the lot line of the property on which the vibration is generated.

3.

Smoke, Dust, Fumes, Contaminants and Odors. Any permitted use which emits smoke, dust, fumes, particulate matter contaminants, or odors shall comply with the latest rules and regulations of the Bay Area Pollution Control District.

4.

Glare. Any light source used for exterior lighting purposes shall be shielded so as not to be directly visible from off site. Reflected light shall be controlled so as not to significantly increase off-site glare.

5.

Flammable and Explosive Materials. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazards of fire and explosion and adequate fire- fighting and fire-suppression equipment and devices standards in industry shall be provided and maintained. Open burning is prohibited.

6.

Radioactivity, Electrical Disturbance or Electromagnetic Interference. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance or electromagnetic interference adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

Liquid Wastes. Wastes detrimental to a public sewer system or detrimental to the functioning of a sewage treatment plant shall not be discharged to a public sewer system unless they have been pretreated to the degree required by the authority having jurisdiction over the sewerage system. Where pretreatment is not effective, the waste shall not be discharged to a public sewer system.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 14. - Special Purpose Zones.[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 14, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 14 pertained to TP Timberland Production District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-14-010. - Purpose of article.

This article identifies allowed land uses in the special purpose zones, permits required for allowed uses, and general standards for site development.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-14-020. - Purpose of special purpose zones.

A.

Planned Community (PC). The PC zone allows diverse mixes of uses, buildings, structures, lot sizes and open spaces while ensuring compliance with the general plan and protecting the public health, safety and general welfare.

B.

Public Facilities (PF). The PF zone provide sites to serve the community or public need and to protect these sites from encroachment of incompatible uses.

(Ord. No. 6499, § II, 12-3-2024; Ord. No. 6400, § IV, 12-16-2022; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-14-020.5. - PF zone as base zone and combining district. A.

Base Zone. 1.

The PF zone is applied as a base zone to identify existing public facilities consistent with the general plan.

Where the PF zone is a base zone, development shall comply with the requirements of this section.

B. Combining District. 1.

The PF zone is applied as a combining district to generally indicate those areas in which a future public facility is needed.

Where the PF zone is applied as a combining district, development shall comply with the requirements of the applicable base district. The county may require development to contribute public service facilities or infrastructure as identified in the general plan or applicable specific or area plan.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-14-030. - Allowed land uses.

A. General. 1. Table 14-1 identifies the allowed uses and permit requirements in the special purpose zones. 2. Allowed uses in the PC zone apply as follows: a. "PCRR" applies where the base zoning is planned community and the underlying general plan land use is rural residential. b. "PCUR" applies where the base zoning is planned community and the general plan land use is urban residential. c.

==> picture [508 x 36] intentionally omitted <==

----- Start of picture text -----
"PCCOM" applies where the base zoning is planned community and the general plan land use is limited commercial, limited commercial/traffic sensitive, or
general commercial.
3.
----- End of picture text -----

All uses may be subject to additional standards and regulations and may require a zoning permit, design review, or other additional review. Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 14-1 .

Additional regulations that apply to allowed uses are noted in the "use regulations" column in Table 14-1 .

5.

If Table 14-1 shows two (2) permit types separated by a slash mark (e.g., "P/C"), this indicates that the permitting level may differ depending upon project conditions, described in the use regulations for the allowed use.

B.

Additional Permits.

1.

A zoning permit, design review or other permits may be required in addition to those permits required by Table 14-1 . See individual use regulations sections for additional requirements that may apply.

Table 14-1:Allowed Land Uses in Special Purpose Zones

Key of symbols for Table 14-1:

P = Permitted Use

P* = Permitted Use, subject to discretionary approval criteria

C = Conditional Use

- = Prohibited Use

† = Permit requirement indicated in use regulations column

† = Permit requirement indicated in use regulations column
Land Use PCRR
Zone
PCUR
Zone
PCCOM
Zone
PF
Zone
Use Regulations
Agricultural and Resource-Based Land Use Category
Agricultural Crop Production and Cultivation P P - - 26-18-020
Agricultural Employee Housing P P - - 26-18-030
Agricultural Processing - - - C 26-18-040
Animal Keeping: Beekeeping - - - P 26-18-070
Animal Keeping: Farm Animals P - - - 26-18-090
Farm Stands C - - - 26-18-160
Indoor Crop Cultivation P - - - 26-18-170
Nursery, Wholesale P - - - 26-26-210
Industrial, Manufacturing, Processing and Storage Land
Use Category
Laboratories - - - P 26-20-040
Manufacturing/Processing, Light - - - P 26-20-070
Manufacturing/Processing, Medium - - - P 26-20-080
Recycling Collection Facilities † See
26-20-090 and
26-88-070
Recycling Processing Facilities † See
26-20-100 and
26-88-070
Storage: Warehouses - - - P 26-20-150
Storage: Wholesale and Distribution - - - P 26-20-160
Recreation, Education and Public Assembly Land Use
Category
Civic Institution C C - C 26-22-040
Community Meeting Facilities C C - C 26-22-050
Country Club C C - - 26-22-060
Educational Institutions: Colleges or Universities - C - C 26-22-070
Educational Institutions: Elementary and Secondary
Schools
C C - C 26-22-080
Educational Institutions: Specialized Education and
Training
C - - C 26-22-090
Golf Course C C C C 26-22-100
Parks and Playgrounds C C C C 26-22-110
--- --- --- --- --- ---
Periodic Special Events P P P P 26-22-120
Recreation and Sports Facilities: Recreation Facility,
Indoor
- - - C 26-22-140
Studios for Art, Crafts, Dance, Music C - - - 26-22-200
Residential Land Use Category
Caretaker Dwelling - - - C 26-24-030
Congregate Housing, Large C C - - 26-24-040
Cottage Food Operation P P P - 26-24-050
Dwelling, Single-family P P P - 26-24-080
Guest House P - - - 26-24-130
Family Day Care Home, Large P P P - 26-24-100;
26-88-080
Family Day Care Home, Small P P P - 26-24-100;
26-88-080
Home Occupation P P P - 26-24-140;
26-88-121
Junior Accessory Dwelling Unit P P P - 26-24-150;
26-88-061
Live/Work C C C - 26-24-160;
26-88-122
Mixed-Use Development - - C - 26-24-180;
26-88-123
Mobile Home Parks - C - - 26-24-190;
26-88-100
Permanent Supportive Housing P P - - 26-24-200
Residential Community Care, Large C C C - 26-24-210
Residential Community Care, Small P P P 26-24-210
Single-Room Occupancy, Large - C C - 26-24-220;
26-88-125
State-Regulated Small Employee Housing P P P - 26-24-230
Transitional Housing P P - - 26-24-250;
26-88-127
Retail Land Use Category
Fuel Station, Retail - - - - 26-26-080
Fuel Station, Non-Retail - - C - 26-26-081
General Retail - - C - 26-26-090
Restaurants - - C - 26-26-140
Services Land Use Category
Cemeteries C - - C 26-28-050
Commercial Horse Facilities C C C - 26-18-060
Day Care Center C C C - 26-28-080
Homeless Shelter: Emergency - - - P 26-28-090;
26-88-127
Homeless Shelter, Small-Scale - C - - 26-28-090;
26-88-127
Horse Boarding C C C - 26-18-100
Lodging: Bed and Breakfast (B&B) C - - - 26-28-130;
26-88-118
Lodging: Vacation Rentals P/C - - - 26-28-16026-88-120
Maintenance and Repair Service, Non- Vehicular - - - P 26-28-170
Personal Services - - C - 26-28-200
Professional Ofce - - C P/C 26-28-210
Vehicle Maintenance and Repair - - - C 26-28-220
Transportation, Communications and Utilities Land Use
Category
Low Temperature Geothermal Resource Development C C C C 26-30-050
Public Safety Facilities C C C C 26-30-090
Public Utility Facilities C C C C 26-30-100
Renewable Energy Facilities See
26-30-110 and
26-88-200
Telecommunications facilities See
26-30-120 and
26-88-130
--- --- --- --- --- ---
Other Land Uses
Cannabis Cultivation, Personal Use P P - - 26-88-258
Commercial Cannabis Uses † See
26-88-250;
26-88-254;
26-88-256

C.

Governmental Facilitates PF Zone. In addition to allowed uses in Table 14-1 , any facilities owned and operated by a city or the county are permitted in the PF zone.

D.

Unlisted Land Uses.

1.

PCRR, PCUR, PCCOM and PF zones: For a proposed nonresidential use not listed in the allowed land use table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if the Director finds that the proposed use is similar to and compatible with a listed permitted or conditionally permitted use.

2.

When the Director determines that a proposed nonresidential use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Code.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6499, § II, 12-3-2024; Ord. No. 6458, § VI, 12-5-2023; Ord. No. 6444, § V, 8-22-2023; Ord. No. 6405, § V(Exh. B), 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6400, § V, 12-16-2022; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-14-040. - Development standards.

A.

General. Table 14-2 identifies the development standards in the special purpose zones.

B.

Combining Zones. Properties with a combining zone designation as shown in the zoning database (ex. LG local guidelines combining district) may be subject to addition development standards and design guidelines. Where such designations apply, see the appropriate zoning code section for more information on whether the applicable combining zone may modify the development standards.

Table 14-2:Development Standards in Special Purpose Zones

Key of symbols for Table 14-2:

  • = Standard indicated in Supplemental Standards column
Standards PC Zone PF Zone Supplemental Standards
Lot Size (min. sq. ft.) 6,000 6,000 26-14-040 C.1;
26-16-030
Lot Width (min. ft.) No min. 60
Front Property Line Setback (min. ft.) 20 20 26-14-040 C.5;
26-16-060
Street Side Property Line Setback (min. ft.) 20 20 26-14-040 C.5;
26-16-060
Interior Side Property Line Setback (min. ft.) 5 5 26-14-040 C.5;
26-16-060
Rear Property Line Setback (min. ft.) 20 20 26-14-040 C.5;
26-16-060
Street Centerline Setbacks (min. ft.)
Front Street Centerline Setbacks (min. ft.) No min. 45
Side Street Centerline Setbacks (min. ft.) No min. 45
Lot coverage for mixed commercial and residential development 50% N/A 26-14-040 C.3;
26-16-050
Lot coverage for all other development 35% 40% 26-14-040 C.3;
26-16-050
Main Building Height (max. ft.) 35 35 26-16-040
Accessory Building Height (max. ft.) 35 15
Parking † See
Article 86;26-14- 040 C.6

C.

PC Zone Standards. The following additional standards apply in the PC zone.

1.

Lot Size. Minimum lot size in the PC zone may be reduced with an approved precise development plan.

2.

Increased Building Height. See Section 26-16-040 (increased allowed height).

3.

Increased Lot Coverage.

a.

For development in the PC zone that is not mixed commercial and residential, an approved precise development plan may allow a lot coverage greater than thirtyfive percent (35%).

b.

See also Section 26-16-050 A (increased lot coverage for farm operations) and 26-16-050 B (residential greenhouses and swimming pools).

4.

Building Groups. Dwelling units in the PC zone may not be arranged in a continuous group or in any one (1) building in excess of six (6) dwelling units or one hundred fifty (150) lineal feet, whichever is less, unless otherwise allowed by the planning commission.

5.

Setbacks. The following additional setback standards apply in the PC zone.

a.

Minimum required setbacks may be modified by an approved precise development plan.

b.

Garage openings must be setback at least twenty feet (20') from any road, right-of-way, or common driveway.

c.

At least ten feet (10') separation must be provided between all detached buildings.

d.

Landscaping shall be installed and permanently maintained in all required setback areas for the life of the project.

6.

Guest Parking. In the PC zone one (1) uncovered guest parking space is required per unit in a multifamily or dwelling group development.

D.

Telecommunication Facilities - PF Zone. A telecommunication facility may not exceed the maximum allowed building height in the base zone which is predominant in the area outside of the boundary of the PF zone and in closest proximity to the proposed location of the facility.

E.

Accessory Buildings on Vacant Parcels. See Section 26-16-080 (accessory buildings on vacant parcels).

(Ord. No. 6499, § II, 12-3-2024; Ord. No. 6400, § V I, 12-16-2022; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-14-050. - PC zone preliminary development plan.

A.

When Required. Applications to rezone lands to the PC zone shall be accompanied by a preliminary development plan that meets the requirements of this section. B.

Sectional District Map. The sectional district maps for PC zones shall reflect the preliminary development plan by showing:

The precise areas and anticipated square footage of commercial use, where applicable;

The precise areas and number of residences, where applicable;

3.

A reference to any resolution of intent adopted by the planning commission or board of supervisors at the time of recommendation or adoption of the sectional district maps.

C.

Required Contents. The preliminary development plan shall include a graphic representation of the applicant's intended development showing the following:

1.

The location and boundaries entire proposed planned community.

2.

If used in the limited commercial, limited commercial-traffic sensitive, or general commercial land use category, the proposed land uses precisely divided between residential and commercial.

3.

A preliminary circulation pattern.

4.

A preliminary site plan for all residential areas including the size of each area.

The proposed number of dwelling units and size of each unit.

6.

The anticipated square footage and building intensity for commercial development in each area.

The type and location of proposed public facilities located on site.

General delineation of those units to be constructed in progression.

Topography at contour intervals determined by the director.

The relationship of the planned community to its surroundings and the general plan.

Other information deemed necessary by the director.

D.

Revisions. Revisions to a preliminary development plan may be approved in the same manner as the original approval, except that permit expiration provisions are automatically waived.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-14-060. - PC zone precise development plan.

A.

When Required. Applications for a conditional use or subdivision of land in the PC zone shall require a precise development plan. A "precise development plan" is synonymous with "use permit". Applications to rezone lands to planned community shall be accompanied by a preliminary development plan that meets the requirements of Section 26-14-050.

B.

Timing. A precise development plan must be submitted prior to or concurrently with an application for tentative map or zoning permit.

C.

Noticed Public Hearing. The planning commission or board of supervisors shall review and act on a proposed precise development plan at a noticed public hearing in the same manner as required for a use permit.

D.

Contents. A precise development plan shall be a precise, graphic and written representation of the applicant's intended development describing:

1.

Location and description of all buildings;

Vehicular circulation;

Pedestrian circulation;

Parking;

Topography at contour intervals determined by the planning director;

Drainage plan;

Building elevations;

Landscaping and maintenance provisions therefore;

Gross area, lot area and open areas calculated to the nearest tenth of an acre;

Delineation of those subunits to be constructed in progression;

Signage;

Other information deemed necessary by the planning director.

E.

Open Areas. The maintenance of and perpetual existence of required open areas shall be guaranteed by creation of entities and the imposition of real conditions, covenants and restrictions as required by county counsel.

F.

Conveyance of Public Areas.

1.

In the event that a subdivision map is not required for approval of the entirety of any general or precise plan of planned community, such approval shall not become effective until conveyances for any required public easements, streets, rights-of-way or other public areas shall have been filed with the county surveyor and accepted by the board of supervisors.

2.

Where any land is to be conveyed for public use, a title report issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the county of Sonoma showing all parties whose consent is necessary and the nature of their interest therein, shall be filed with the conveyances of such land.

G.

Public Improvements.

1.

Where public improvements will be conveyed to the county of Sonoma, the landowner shall execute and file an agreement with the county to install these improvements at the landowner's cost and expense.

2.

The county may require the landowner to provide adequate security to guarantee the proper completion of approved work or compliance with conditions of approval.

3.

The improvement agreement and security cover required landscaping and plantings located on both public and private lands.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 16. - Supplemental Development Standards.[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 16, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 16 pertained to AR Agriculture and Residential District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-16-010. - Purpose of article.

This article contains provisions to supplement the basic development standards for zones found in articles 26-6 through 26-14.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-020. - Density.

A.

Maximum Allowed. In zones where residential uses are allowed, the maximum number of primary dwelling units per acre is specified in the parcel-specific general plan land use map or zoning database, whichever is more restrictive.

B.

Exempt Units. Accessory dwelling units, junior accessory dwelling units, farm family housing, farmworker housing, and agricultural employee housing, where allowed, are exempt from the maximum density standard.

C.

Affordable Housing. Maximum allowed density may be increased in accordance with Article 89 (affordable housing program requirements and incentives).

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-030. - Lot size.

A.

Williamson Act Lands. Subdivision of any Williamson Act contracted lands shall not result in any new parcel less than ten (10) acres in size for type 1 preserves or forty (40) acres in size for type 2 preserves, or the established minimum lot size, whichever is more restrictive. (general plan policy AR-8c)

B.

Clustered Development.

1.

In all zones:

a.

Clustered development is not allowed on land subject to a Williamson Act contract.

b.

When lot sizes are reduced to allow for clustered development, a protective easement shall be applied to the remaining large parcels which indicates that density has been transferred to the clustered area.

In the RRD zone, the minimum lot size in a clustered development is one and one-half (1.5) acres. There is no minimum lot size for clustered development in other zones where clustered development is allowed.

3.

LEA zone (general plan policy AR-3b):

a.

In considering subdivision of lands within "Land Extensive Agriculture" areas except those lands under Williamson Act contract, one-half (frax;1;2;) or three (3) of the permitted residential lots (whichever is greater), may be clustered.

b.

These clustered parcels may be as small as one and one-half (1½) acres but no larger than ten (10) acres. No future subdivision of these small parcels shall be permitted.

c.

All other parcels created in this category shall have a minimum lot size at least as large as the maximum density specified by the land use map or policy AR-8c, whichever is more restrictive.

d.

Lands subject to a Williamson Act contract are restricted from incompatible development under the county's rules for administration of agricultural preserves, as amended from time to time.

4.

DA zone (general plan policy AR-3c, AR-3e, AR-4a):

a.

Where clustered subdivision is permitted, separate clusters on one (1) site from those on another site unless it is clearly demonstrated that the resulting lots will not create the appearance of, or conflicts associated with, residential intrusion.

b.

Any subdivision which proposes to cluster parcels of ten (10) acres or less shall locate those lots around existing residences on the parcel being subdivided. The intent of this policy is to minimize the impact of residential parcels on adjacent agricultural operations.

c.

Where clustered subdivision is permitted, to the extent allowed by law, place an agricultural easement in perpetuity on the residual farming parcel(s) at the time that the subdivision occurs. The easement shall be conveyed to the county or other appropriate non-profit organizations.

d.

The primary use of any parcel shall be agricultural production and related processing, support services, and visitor serving uses. Residential uses in these areas shall recognize that the primary use of the land may create traffic and agricultural nuisance situations, such as flies, noise, odors, and spraying of chemicals.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-040. - Increased allowed height.

A.

Allowed with Design Review. In the agricultural and resource-based and residential zones, the maximum allowed building height may be increased with design review approval in accordance with Article 82.

B.

Allowed with Use Permit. In the commercial, industrial, PC, and PF zones, the maximum allowed building height may be increased with a use permit. A building with increased allowed height may not exceed the maximum allowed building intensity in the applicable zone.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-050. - Lot coverage exceptions.

A.

Increased Lot Coverage for Farm Operations. In the agriculture and resources zones and the AR zone, the planning director may allow increased maximum lot coverage for commercial greenhouses, large animal operations, and buildings required for the farm operation to meet water quality or other environmental protection regulations.

B.

Residential Greenhouses and Swimming Pools. The planning director may waive the maximum lot coverage standard for:

1.

Greenhouses in the RR zone; and

2.

Swimming pools in the RR, R1, and PC zones.

C.

Increased Lot Coverage in Commercial, Industrial and PC Zones. In the commercial and industrial zones and the PC zone, the maximum allowed lot coverage may be increased with a use permit provided the development does not exceed the maximum allowed building intensity in the applicable zone.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-060. - Setbacks.

A.

Street Centerline Setbacks. Minimum street centerline setbacks are measured from the centerline of the abutting public road, street or highway, except as may be otherwise indicated on the district maps.

B.

Farm Animal Accessory Structures. Table 20-1 shows minimum setbacks for in the LIA, LEA, DA, RRD, AR, RR zones for watering troughs, feed troughs, accessory buildings used for the housing or maintenance of farm animals and accessory buildings and runs used for the housing or maintenance of kennel animals.

Table 20-1: Setbacks for Animal Structures in the LIA, LEA, DA, RRD, AR, RR Zones

Measured From Minimum Setback
Front property line 50 ft.
Street side, interior side, and rear property line 20 ft.
Any dwelling on adjacent property 30 ft.

C.

Garages and Carports.

1.

Minimum Setback. A garage or carport opening facing the street in the LIA, LEA, DA, RRD, PF, K or any residential zone must be setback at least twenty feet (20') from a front or exterior side property line, except as allowed by paragraph (2) below.

2.

Allowed Adjustments. The following adjustments to the minimum setback standard in paragraph (1) above are allowed in the LIA, LEA, DA, RRD, AR, RR, R1 zones.

a.

If twenty-five percent (25%) or more of the lots on a block or portion of a block in the same zoning district have been improved with garages or carports, the required setback may be reduced to a depth equal to the average front setback of these garages or carports. In no case may the front setback be reduced to less than ten feet (10'). The director may require a use permit if the reduction may result in a traffic hazard.

b.

If a residence is elevated to meet flood requirements, the space underneath the building may be utilized for a garage or carport if it will meet building codes, even if the minimum setback cannot be met, subject to administrative design review approval.

D.

Building Projections. Table 20-2 shows building features which may project into minimum setbacks in the LIA, LEA, DA, RRD, AR, RR, R1, PF, CR zones.

Table 20-2: Allowed Setback Projections in the LIA, LEA, DA, RRD, AR, RR, R1, PF Zones

Building Features Front Setback Side Setback Rear Setback Additional Requirement
Cornices, eaves, canopies, bay windows, freplaces and/or
other cantilevered portions of structures, and similar
architectural features
2 ft. 2 ft 2 ft. The projection may not occupy more than
one-third of the length of the wall to which it is
attached

Uncovered porches, fire escapes or landing places

6 ft 3 ft. 6 ft. None

E.

Average Front Setbacks. The following front setback adjustment is available in the LIA, LEA, DA, RRD, AR, RR, R1, PF, CR, and K zones.

1.

If twenty-five percent (25%) or more of the lots on a block or portion of a block in the same zoning district have been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of the improved lots.

2.

In all zones except for PF, CR and K, the front setback may not be reduced to less than ten feet (10').

3.

In all zones except CR and K, the director may require a use permit if the reduction may result in a traffic hazard.

F.

Accessory Buildings. The following standards apply to accessory buildings in the agricultural and resource-based zones and the AR, RR, R1, and PF, CR zones:

Accessory buildings may be constructed within the required setbacks in the rear half of the lot.

2.

Accessory buildings may not occupy more than thirty percent (30%) of the width of any rear setback area.

3.

Accessory buildings may not be located closer than ten feet (10') from the main buildings on adjacent lots. In CR, this setback shall also apply to the main buildings on the same lot as the accessory building.

G.

Swimming Pools. The following standards apply to swimming pools in the agricultural and resource-based zones and the AR, RR, R1, and CR zones:

1.

Swimming pool walls shall be setback a minimum of three feet (3') from:

a.

The rear and side property lines; and

b.

The main building on the same lot.

2.

Conventional pool accessory equipment (pump, filters, etc.) are exempt from minimum setback requirements.

H.

Agricultural Buffers. An agricultural buffer may be required for any nonagricultural land use that adjoins land zoned AR or designated as agricultural land in the general plan. See Section 26-88-040(f).

I.

Additional Setback Provisions. See also 26-88-040 (general yard regulations and exceptions).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-070. - Parking.

A.

General. Off-street parking shall be provided as required by Article 86 (parking requirements) and this section.

B.

Waived Covered Parking for Single-Family Dwellings.

In the RRD, AR, and R1 zones, the covered parking requirement for single-family dwellings may be waived with design review approval.

2.

In the CR, PC, and K zones, the covered parking requirement for single-family dwellings may be waived with design review approval where the lot size, shape or location allows for parking will be visually screened from adjacent lots and from the common roadways serving the property.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-16-080. - Accessory buildings on vacant parcels.

A.

Accessory Buildings on Vacant Parcels. The following requirements apply in the LIA, LEA, DA, RRD, AR, RR, and PC zones:

Accessory buildings may be constructed on vacant parcels of two (2) acres or more in advance of a primary permitted use. Excludes accessory dwelling units.

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.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 18. - Agriculture and Resource-Based Use Standards.[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 18, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 18 pertained to RR Rural Residential District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-18-010. - Purpose of article.

This article provides standards for specific agriculture and resource-based land uses in all zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-020. - Agricultural crop production and cultivation. A.

Definition. The commercial growing and harvesting of agricultural crops.

Includes:

a.

Growing and harvesting shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops.

b.

The preparation of soil for the raising of agricultural crops.

c.

Incidental cleaning, storage, packing, and similar preparation of crops grown on site, at the time of harvest or shortly thereafter.

  1. Excludes: a. Cannabis cultivation. b. Agricultural support services. c.

Visitor-serving uses.

d.

Processing of agricultural crops where the crop is changed from its natural state to a different form (see "agricultural processing").

e.

The growing and harvesting of crops in greenhouses or similar structures (see "indoor crop cultivation").

B.

Standards.

1.

Crop production must comply with applicable provisions of Article 65 (RC riparian corridor combining zone) and Chapter 36 (vineyard and orchard development ordinance); which may require a use permit.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-030. - Agricultural employee housing.

A.

Definition. Housing accommodations for a person employed in the operation of an agricultural enterprise, consistent with the terms of California Health and Safety Code Section 17008. Accommodations must consist of any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodation, maintained in one (1) or more buildings or one (1) or more sites.

Includes: Agricultural caretaker dwelling, seasonal agricultural employee housing, temporary camp, and permanent agricultural employee housing.

Excludes: farmworker housing, farm family dwellings.

B.

Permits.

1.

Agricultural employee housing shall obtain all applicable construction permits, including, but not limited to, a building, well, septic, and/or sewer permit, from the Department.

2.

Agricultural employee housing shall obtain a permit to operate from the California housing and community development department's employee housing program. 3.

Agricultural employee housing may be developed as directed in California Health and Safety Code Section 17021.8 subject to the standards and requirements of the statute.

C.

Requirements for All Agricultural Employee Housing.

1.

Agricultural employee housing shall comply, where applicable, with all of the following:

a.

California Health and Safety Code Section 17000 through 17062.5, also known as the Employee Housing Act.

b.

California Health and Safety Code Section 18200 et seq., also known as the California Mobilehome Parks Act.

c.

California Health and Safety Code Section 18860 et seq., also known as the California Special Occupancy Parks Act. d.

State and local building, fire, and sanitation codes, including but not limited to the provision of adequate wastewater disposal capacity, water supply, and access.

Agricultural employee housing may be developed and/or maintained for the purpose of providing permanent, seasonal or temporary housing for employees.

Agricultural employee housing may be allowed, but is not required, to be:

a.

Developed or provided by the agricultural employer(s); and/or

b.

Located on the same property where the qualifying agricultural work is being performed.

4.

Agricultural employee housing is limited to a maximum of thirty-six (36) beds in group quarters, occupied exclusively by agricultural employees, or twelve (12) residential units or spaces, occupied exclusively by agricultural employees and their households if the housing does not consist of any group quarters. This limit shall apply per parcel.

5.

Agricultural employee housing must comply with the development standards of the underlying zoning district or an applicable combining district, except as otherwise provided in this section.

6.

Within thirty (30) days after obtaining a permit to operate from the California Department of Housing and Community Development (HCD) for the agricultural employee housing, and annually thereafter, the applicant shall submit a completed verification form to the Director describing:

a.

The agricultural employee housing, including the number of units, spaces or beds.

b.

The number and employment status of the residents of the agricultural employee housing, and any other employment information regarding the residents required by the Director.

c.

Proof that the HCD permit for the agricultural employee housing is current and valid.

D.

Additional Standards for Temporary Camp Agricultural Employee Housing.

1.

Temporary camp means agricultural employee housing that is not operated on the same site annually and which is established for one (1) operation and is then removed.

2.

No more than one (1) camp per property.

3.

Temporary camps are permitted to operate for a maximum duration of ninety (90) days per year.

4.

Accommodations used for temporary camps must be immediately removed from the site when they are no longer occupied by agricultural employees or after ninety (90) days of operation, whichever comes first.

5.

The property owner shall place on file with the department an affidavit that the vehicle and/or travel trailers will only be used to house persons employed on the premises for agricultural purposes.

E.

Additional Standards for Seasonal Agricultural Employee Housing.

Seasonal agricultural employee housing means agricultural employee housing that is used by employees for one hundred eighty (180) days or less in a year.

2.

Seasonal Agricultural Employee housing shall be located on parcels of one and one-half (1.5) acres or more.

3.

Seasonal Agricultural Employee housing shall be located on parcels having direct access to a publicly maintained road. If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the property owners entitled to use such road acknowledging and agreeing to the road's use as access for the seasonal worker housing.

4.

Seasonal agricultural employee housing shall be set back a minimum of fifty-five feet (55') from the center line of any roadway, sixty feet (60') from any other property line, forty feet (40') from any other structure, and forty feet (40') from watering troughs, feed troughs and accessory buildings. Seasonal agricultural employee housing and support structures shall also be set back seventy-five feet (75') from barns, pens or similar quarters of livestock or poultry.

5.

Seasonal agricultural employee housing shall have off-street parking provided at a ratio of one (1) space per four (4) persons housed. The parking does not need to be covered or paved but may not be located within any scenic corridor setback. Parking areas shall be screened from public view by buildings, fences, landscaping or terrain features.

6.

Seasonal agricultural employee housing having accommodations for at least six (6) workers may have a one (1) agricultural caretaker unit per parcel as permitted by Section 26-18-030F.

7.

Prior to the issuance of a building permit for seasonal agricultural employee housing, the applicant shall place on file with the planning department an affidavit that the housing will be used to house persons employed for agricultural purposes. Further, a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic mitigation fees for the housing shall be waived unless and until the housing units are no longer used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units are converted to some other use, the park and traffic mitigation fees existent at the time of conversion shall be immediately due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance with the provisions of this code and state laws in effect at the time of conversion.

F.

Additional Standards for Agricultural Caretaker Dwelling.

1.

Agricultural caretaker dwelling means a permanent dwelling unit occupied year-round by an agricultural employee that serves as a caretaker for seasonal agricultural employee housing on a parcel without a primary residence. The agricultural caretaker dwelling is additional to other agricultural employee housing allowances.

2.

One (1) agricultural caretaker dwelling is permitted per parcel in combination with seasonal agricultural employee housing for at least six (6) workers provided that:

a.

the property meets the threshold criteria for a full-time farmworker dwelling unit in Section 26-24-120; and

b.

there are no other permanent residences on the property.

G.

Additional Standards for Permanent Agricultural Employee Housing.

1.

Permanent agricultural employee housing means housing that is used by agricultural employees for more than one hundred eighty (180) days in a year.

2.

Permanent agricultural employee housing shall be located on parcels of ten (10) or more acres. Notwithstanding the above, permanent agricultural employee housing may be located on a parcel five (5) acres or less pursuant to Government Code Section 51230.2, when such worker housing otherwise meets the provisions of this subsection and the standards of the underlying zoning district. Such parcels shall be owned or leased by the applicant, unless the parcel is being subdivided pursuant to Government Code Section 51230.2 in which case it shall be owned by a public entity, or by a qualified non-profit agency.

Permanent agricultural employee housing shall be located on parcels having direct access to a publicly maintained road. If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the property owners entitled to use such road acknowledging and agreeing to the road's use as access for the permanent agricultural employee housing.

4.

Permanent agricultural employee housing and support structures shall be set back a minimum of fifty-five feet (55') from the centerline of any roadway, sixty feet (60') from any other property line, forty feet (40') from any other structure, and forty feet (40') from watering troughs, feed troughs, and accessory buildings. Permanent agricultural employee housing and support structures shall also be set back seventy-five feet (75') from barns, pens or similar quarters of livestock or poultry.

5.

Permanent agricultural employee housing shall have off-street parking provided at the ratio of one (1) space per four (4) persons housed. The parking does not need to be covered, but may not be located within a scenic corridor setback. Parking areas shall be screened from public view by buildings, fences, landscaping or terrain features.

6.

Prior to the issuance of a building permit for permanent agricultural employee housing, the applicant shall place on file with the planning department an affidavit that the permanent agricultural employee housing will be used to house persons employed for agricultural purposes. Further a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic mitigation fees for the permanent agricultural employee housing shall be waived unless and until the housing units are no longer used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units are converted to some other use the park and traffic mitigation fees existent at the time of conversion shall be immediately due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance with the provisions of this code and state laws in effect at the time of conversion.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6404, § IV, 3-14-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-040. - Agricultural processing, small scale.

A.

Definition. An agricultural processing operation that meets the performance standards in Section 26-88-210 (small-scale agricultural processing facility).

Excludes: Production of alcoholic or Cannabis products, animal slaughter and/or meat cutting and packing, cottage food operations.

B.

Permits. Zoning Permit required.

C.

Standards. See Section 26-88-210 (small-scale agricultural processing facility).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-050. - Agricultural support services.

A.

Definition. A commercial service that provides services purchased by farmers and agricultural enterprises. Includes farm product processing services, custom farming services, agricultural waste handling and disposal services, veterinary clinics, farm machinery and equipment maintenance and repair; irrigation, and vineyard management services.

B.

Standards.

1.

Permitted Use. Agricultural support services involving no more than one (1) employee and occupying no more than one-half (½) acre of land are allowed without a use permit.

2.

Conditional Use. Agricultural Support Services may occupy an area:

a.

LIA zone: Agricultural support services with more than one (1) and a maximum of three (3) employees or occupying more than one-half (½) acre of land.

b.

LEA, DA, and AS zones: two (2) or more employees allowed with a use permit.

LIA, LEA, DA Criteria. Agricultural support services in the LIA, LEA, and DA zones are subject at minimum to the criteria of general plan policies AR-5e and AR-5f. Such services may include incidental sales of products related to the support service use but shall not include additional walk-in, over-the-counter retail sales.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-060. - Animal keeping: Beekeeping.

A.

Definition. A private or commercial activity where beehives are kept on a property.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-070. - Animal keeping: Confined farm animals.

A.

Definition. The raising, feeding, maintaining and breeding of farm animals where animals are continuously confined in enclosed pens or similar structures, the majority of animal feed is provided by facility management rather than grazing, and animal wastes are concentrated on site.

Includes: Dairies, hog farms, veal production, and chicken and turkey ranches, and similar livestock where animals are continuously confined.

Excludes: Horses, goats, sheep, and similar farm animals.

B.

Permits.

Zoning Permit: facilities five hundred feet (500') or more from a nonagricultural land use category.

Use Permit: facilities within five hundred feet (500') of a nonagricultural land use category.

C.

Standards.

Minimum parcel area: two (2) acres.

Prior to zoning permit approval, the Sonoma County Health Services Department and the North Coast Regional Water Quality Control Board must approve a confined animal management plan for the use.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-080. - Animal keeping: Farm animals.

A.

Definition. The raising, feeding, maintaining and breeding of farm animals which are not continuously confined.

Excludes: Confined farm animal facilities, the keeping of household pets and wild or exotic animals.

B.

Standards.

Maximum Number of Animals.

a.

Animal limits apply only to parcels:

(1)

2 acres or less in the LIA, LEA, DA, RRD, AR, and PCRR zones; and

(2)

5 acres or less in the RR zone

b.

When animal limits apply, not more than one (1) of the following animal uses in Table 18-1 is permitted per twenty thousand (20,000) square feet of land area.

Table 18-1:Maximum Number of Farm Animals per twenty thousand (20,000) square feet of land area

Animal Max. number
Hogs and pigs 5
Horses, mules, cows and steer 1
Goats, sheep, and similar animals 5
Chickens or similar fowl 50
Ducks and geese 50
Rabbits or similar animals 100

c.

LIA, LEA, DA, RRD and AR zones: The above limitations may be modified by the Director 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. If the project exceeds the limitations in Table 18-1 , the director may require the applicant to obtain a use permit if the director determines that the project might be detrimental to surrounding uses.

d.

LIA, LEA, DA, RRD, AR, RR, and PCRR zones: 4-H and FFA animal husbandry projects are exempt from the limitations in Table 18-1 if the project is on a parcel twenty thousand (20,000) square feet or more and the project advisor submits a letter of project authorization to the department. However if the project exceeds the limitations in Table 18-1 , the director may require a use permit for the project upon determining that the project may be detrimental to surrounding uses.

e.

RR zone: On a lot 5 acres or more, the number of animals may exceed Table 18-1 with a use permit.

f.

RRD and AR zones: Temporary or seasonal sales and promotion of livestock raised on the site is allowed.

Hens in R1 Zone.

a.

In the R1 zone, raising, feeding, and maintaining of up to six (6) hens is allowed. Hens must have access to chicken coop and contained within a secure enclosure which prevents animal trespass.

b.

The coop and pen shall be located in the rear yard of the property and maintained in a sanitary condition.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-090. - Animal keeping: Livestock feed yards.

A.

Definition. Corrals or holding areas for the primary purpose of holding or feeding animals for market and not incidental to a farm or ranch.

1.

Includes: Specialized and intensive commercial animal facilities such as animal sales yards, stockyards, and cattle feedlots where most feed is imported or purchased.

Excludes: Slaughterhouses, rendering plants.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-100. - Animal keeping: Pet fancier.

A.

Definition. A facility, licensed by the Sonoma County Public Health Department, on which five (5) to ten (10) dogs and/or five (5) to ten (10) cats over four (4) months of age are owned and kept by the owner or occupant for personal, noncommercial purposes.

1.

Includes: Keeping of animals for hunting, tracking, exhibiting at shows, exhibitions, field trials and other competitions, enhancing or perpetuating a given breed.

2.

Excludes: Dogs or cats used in conjunction with an agricultural operation on the site.

B.

Standards.

1.

Minimum lot size: one (1) acre.

2.

May not sell, display, offer for sale, barter, or give away more than four (4) litters of puppies and/or four (4) litters of kittens in any calendar year.

Requires a pet fancier license from the division of animal regulation which must be renewed annually.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-18-110. - Aquaculture.

A.

Definition. The raising of fish, frogs, or other aquatic animal species for commercial purposes.

B.

Standards.

1.

Prohibited on prime soils.

Shall not adversely affect biotic resources.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-120. - Composting, commercial.

A.

Definition. A commercial facility that produces compost from the onsite and/or offsite organic material fraction of the waste stream in compliance with California Code of Regulations, Title 14, Division 7.

Excludes: Non-commercial composting.

B.

Standards.

LEA, DA, and RRD zones: Commercial composting is subject to general plan policy AR-4a.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-130. - Composting, non-commercial.

A.

Definition. Composting that is an incidental part of an agricultural operation and relies primarily upon onsite material to amend soils onsite or on adjacent parcels owned or operated by the same property owner.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-140. - Farm retail sales.

A.

Definition. A retail facility for year-round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator, and pre-packaged goods processed from onsite agricultural production.

Includes: Dairy and meat products that require refrigeration.

Excludes: Tasting rooms serving alcoholic beverages; farm stands.

B.

Permits. Zoning permit required.

C.

Standards.

General. See Section 26-88-215 (farm retail sales).

2.

Goods Not Produced On-Site. Incidental sales of merchandise or goods not produced on site is limited to ten percent (10%) of the floor area up to a maximum of fifty (50) square feet.

3.

Product Sampling. Sampling of products grown or processed on-site may be allowed with a retail food facility permit.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-150. - Farm stands.

A.

Definition. An area for the temporary or seasonal sales and promotion of agricultural products that are grown or raised on the site; and pre-packaged, shelf stable goods processed from onsite agricultural production.

Includes: Sale of produce, eggs, honey, jams, pickles, nuts, olive oil, and similar products; sampling of non-alcoholic beverages; community supported agriculture, U-Pick and U-Cut operations.

2.

Excludes: Tasting rooms serving alcoholic beverages; farm retail sales.

B.

Standards.

1.

Must comply with Food and Agricultural Code Section 47050 and Public Health and Safety Code Section 113778.2.

Sampling of products grown on-site requires a retail food facility permit.

3.

Incidental sales of merchandise or goods not produced on site is limited to ten percent (10%) of the floor area up to a maximum of fifty (50) square feet.

RR zone: Limited to one (1) stand per property.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-160. - Indoor crop cultivation.

A.

Definition. The growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops, in greenhouses or similar structures

Excludes: Cannabis cultivation.

B.

Use Permit Required.

AR, RRD and PCRRD zones: greenhouses and other similar structures over eight hundred (800) square feet in RRD and PCRRD zones require a use permit.

C.

Standards:

LIA, LEA, and DA zones: The area on a property occupied by a greenhouse or other similar structure used for indoor crop cultivation shall not exceed two thousand five hundred (2,500) square feet.

2.

RR zone: The area on a property occupied by a greenhouse or other similar structure used for indoor crop cultivation shall not exceed eight hundred (800) square feet.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-170. - Land and resource management.

A.

Definition. Management of land for watershed, for fish and wildlife habitat, fish rearing ponds, hunting and fishing, grazing.

TP zone: Includes recreational and educational uses, with or without fee (swimming, hunting, fishing, occasional camping, etc.).

B.

Standards.

LIA, LEA, DA, RRD, and TP zones: Allowed only when incidental to a primary use.

TP zone:

a.

Permanent improvements prohibited. b.

Shall not interfere with the primary use of the property.

RRD and TP zones: Incidental grazing allowed.

4.

On a parcel under a Williamson Act contract, use must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-180. - Mining, surface.

A.

Definition. Removing mineral substances from a pit, quarry, or excavation in the earth in compliance with Sonoma County Code Chapter 26A (surface mining regulations), Section 34.2.29.100 (mineral resources combining zone) and the Sonoma County Aggregate Resources Management Plan.

Includes: Hardrock quarry operations, instream operations, river terrace operations.

2.

Excludes: Grading and excavation in conjunction with other allowed construction activities, development of geothermal or water resources.

B.

Standards.

1.

Must be within the surface mining combining district (MR) and comply with county code Chapter 26A (Surface Mining).

2.

Must comply with Sonoma County Aggregate Management (ARM) Plan, on file with the department.

Hardrock quarry operations are allowed only if they meet all of the following standards:

a.

Must be consistent with the purpose(s) of the parcel's base zone.

b.

Minimum land area: five (5) acres.

c.

Maximum annual production: five thousand (5,000) cubic yards.

d.

Shall not include crushing, screening, or batching operations.

e.

Subject to payment of fees and other mitigation measures as may be found consistent with the aggregate resources management (ARM) plan. f.

Approved reclamation plan required.

g.

Maximum distance from the nearest approved source of aggregate materials: four (4) miles. h.

Prohibited on land subject to a Williamson Act contract.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-190. - Mushroom farming.

A.

Definition. The commercial production of food, medicine, and other products by the cultivation of mushrooms and other fungi.

Includes. Outdoor logs, indoor trays.

B.

Standards: No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-200. - Nursery, wholesale.

A.

Definition. An establishment engaged in the commercial production of trees, plants, seeds, stock, and other vegetation grown on site outdoors either in the ground or in containers for wholesale distribution to other businesses.

Excludes: Cannabis nurseries.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-18-210. - Tasting rooms.

A.

Definition. A retail food facility where one (1) or more agricultural products grown or processed in the county are tasted and sold. Agricultural products sold may include alcoholic beverages.

Includes: Wine tastings, olive oil, honey, fruit preserves.

Excludes: Farm stands, farm retail sales.

B.

Standards.

Shall not require the extension of sewer and water.

RRD zone: Allowed only for agricultural products grown or processed onsite.

3.

LIA, LEA, DA zones: Wine tasting rooms, winery visitor serving activities, and winery events are subject to Winery Definitions and Standards in Section 26-18-260. C.

General Plan Consistency.

Must be consistent with general plan policy AR 6-d and AR 6-f.

(Ord. No. 6404, § V, 3-14-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-220. - Timber management.

A.

Definition.

RRD zone: The management of lands and forests to grow and harvest timber for commercial purposes.

TP zone: Management of lands and forests for the primary use of commercial production and harvest of trees.

B.

Includes:

1.

RRD zone:

2.

TP zone: Removal of timber and fuel wood; uses integrally related to growing, harvesting, and on-site processing of forest products including roads, log landings, log storage areas, and incidental logging camps; timber management, including planting, raising, harvesting, and incidental milling for noncommercial purposes of trees and logs for lumber or fuel woods; establishing and maintaining gas, electric, or water generating and transmission facilities, including necessary structures; the production and harvesting of miscellaneous compatible forest products such as Christmas trees and greenery; contractor equipment storage incidental to the on-site growing and harvesting of forest products, including parking, repairing and storage of equipment so used; temporary or seasonal sales and promotion, and incidental storage of fuel wood grown on site; controlled burns. Also includes timber management, including planting, raising, harvesting and incidental milling for noncommercial purposes of trees and logs for lumber or fuel woods, subject to requirements of California Department of Forestry and Fire Protection.

C.

Standards.

1.

TP: Construction of permanent structures necessary for contractor equipment storage incidental to on-site growing and harvesting of forest products, including parking, repairing and storage of equipment so used, is subject to Article 82.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-230. - Timber operator storage yard.

A.

Definition. Storage of large equipment, vehicles, and/or other materials commonly used in timber operations or production.

1.

Off-site. A storage yard not located on property which is included in the timber harvesting plan, for off-site growing and harvesting of forest products, including packing, repairing, and storage of equipment so used.

2.

On-site and Incidental. A timber operations storage yard located on the same property of the applicable timber harvesting plan and incidental to the primary use of the land for timber operations.

3.

Standards.

a.

Permanent structures require design review.

b.

RRD zone: Off-site storage yards prohibited on property subject to Williamson Act contract.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-240. - Timber saw mills and lumber production.

A.

Definition. A facility that cuts and processes timber to produce lumber products.

1.

Includes: Saw mills, lumber, planing and logging mills, pulp mills, particle board plants, mill and log ponds, earth-filled dams, and associated uses.

Excludes: Temporary portable mills.

B.

Standards.

a.

Not permitted on land subject to a Williamson Act contract.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-250. - Timberland conversions.

A.

Definition. Timberland Conversion as defined in Forest Practice Rules Section 1100, except that Timberland Conversion shall not include the conversion of less than three (3) acres of timberland for the purpose of constructing a structure in compliance with a valid building permit where the conversion is limited to the cutting and removal of the minimum number of trees necessary to accommodate the structure and related improvements.

1.

Minor Timberland Conversion. A Timberland Conversion that is exempt from a Timberland Conversion Permit under Section 1104.1, subdivision (a), of the forest practice rules.

2.

Major Timberland Conversion. A timberland conversion that requires a timberland conversion permit, or is exempt from a timberland conversion permit under Section 1104.2 of the forest practice rule.

B.

Permits. See Sections 26-88-140 (minor timberland conversions), 26-88-150 timberland conversions of less than three (3) acres in the TP (timberland production) district, 26-88-160 (major timberland conversions).

C.

Standards. See Sections 26-88-140 (minor timberland conversions), 26-88-150 timberland conversions of less than three (3) acres in the TP (timberland production) district, 26-88-160 (major timberland conversions).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-18-260. - Winery definitions and standards.

A.

Purpose. This Section 26-18-260 provides a greater level of detail for the desired character of development in areas zoned LIA - Land Intensive Agriculture, LEA - Land Extensive Agriculture, and DA - Diverse Agriculture. For the areas zoned LIA, LEA, and DA, this Section 26-18-260 identifies procedures and criteria applicable to new or modified use permit applications for winery visitor serving activities and winery events. The Standards in this division shall be referred to as "Winery Definitions and Standards."

B.

Applicable Areas. The provisions of this section apply to parcels zoned LIA - Land Intensive Agriculture, LEA-Land Extensive Agriculture, and DA -Diverse Agriculture. For split-zoned parcels, the provisions of this section apply to the portion of the parcel zoned for any of the agricultural zoning districts listed above.

C.

Local Advisory Guidelines. Citizen advisory councils/commissions established by the board of supervisors review projects subject to this section in accordance with their adopted local advisory guidelines, and make advisory recommendations to the applicable decision maker.

D.

Terms and phrases used in this section are defined as follows:

1.

Restaurant is a retail business selling ready-to-eat food for consumption on or off the premises, as defined by Section 26-26-140 of the Zoning Code.

2.

Winery means an agricultural processing facility that converts fruit into wine. Wineries may include crush areas, production rooms, case goods and barrel storage, tank rooms, warehouses, bottling lines, laboratories, administrative offices, tasting rooms, event space, commercial kitchen, and catering kitchen.

3.

Winery Events means events held at wineries and tasting rooms for the purpose of promoting and marketing agricultural products grown or processed in the County, and which exceed the permanent infrastructure capacity of the site and are outside the regular business hours for tasting rooms. Winery events are secondary and incidental to agricultural production activities occurring onsite and/or in the area and are consistent with General Plan Policy AR-6d. There are two (2) types of winery events: Agricultural Promotional Events and Industry-Wide Events.

Agricultural Promotional Events beyond defined activities during standard daily operations that are directly related to public education, sales and promotion of agricultural products to consumers, including but not limited to: winemaker lunches, dinners, release parties, and wine club parties and similar events.

5.

Industry-Wide Events are promotional activities sponsored by a recognized wine industry association that may involve multiple wineries and/or tasting rooms. Industry-wide events are held within a specified geographic area, during regular tasting room hours, and may last up to three (3) consecutive days.

6.

Wine Trade Partners means distributors, wine trade buyers, restaurant owners and their representatives, winery or tasting room owner(s), winery employees, and tasting room employees.

7.

Winery Visitor Serving Activities means visitor serving activities that are part of standard daily winery and wine tasting room operations. Standard daily operations do not include events or use of overflow parking. There are two (2) types of winery visitor-serving activities: Sales Activities and Wine Trade Activities.

8.

Sales Activities are wine tasting, food and wine pairing, tours, seminars and other hospitality related activities that support the promotion of wine sales, excluding winery events. Sales Activities occur during the approved tasting room hours of operation specified in the use permit.

9.

Wine Trade Activities are by-invitation meetings, seminars, employee harvest parties and similar activities, excluding events. Wine Trade Activities are attended only by wine trade partners and are not advertised to the consumer. Wine Trade Activities are intended to be low impact activities with a prohibition on outdoor amplified sound after 5:00 p.m.

E.

Operating Standards.

1.

Winery Visitor Serving Activities. Winery visitor serving activities are considered part of normal winery and tasting room business operations. All winery visitor serving activities must be consistent with the hours of operation, maximum number of guests allowed, building occupancy limits, and operational requirements specified in the use permit.

2.

Winery Events. Winery events must be consistent with the hours of operation, maximum number of event days, maximum number of guests allowed, building occupancy limits, and operational requirements specified in the use permit.

3.

Sizing of winery visitor serving activities and winery events, and maximum number of event days is based upon a variety of factors specific to the site and surrounding uses, including, but not limited to, septic capacity, available water supply, emergency access, availability of on-site parking, noise attenuation, increased risk of harm to people or property as a result of hazards, and the potential for negative cumulative effects related to noise, traffic, and water supplies.

4.

Hours of Operation. The maximum hours of operation for winery visitor serving activities and winery events are specified below, unless further limited by the use permit.

a.

Tasting Rooms. Regular business hours for tasting rooms are 10:00 a.m.—5:00 p.m.

b.

Winery Visitor Serving Activities. The maximum hours of operation for winery visitor-serving activities are specified below by activity type.

(1)

Sales Activities: 10:00 a.m.—5:00 p.m.

(2)

Wine Trade Activities: 8:00 a.m.—10:00 p.m.

c.

Winery Events. The maximum hours of operation for events are specified below by event type.

(1)

Agricultural Promotional Events may occur during the hours of 10:00 a.m.—10:00 p.m., with all cleanup occurring no later than between 9:30 p.m.—10:00 p.m.

(2)

Industry-wide Events may occur during the hours of 10:00 a.m.—5:00 p.m.

5.

Wineries and tasting rooms shall not be rented out to third parties for events.

6.

On-Site Parking. The following on-site parking is required for wineries and tasting rooms:

a.

One (1) parking space per two and one-half (2.5) guests and one (1) space per employee. The parking standard may be reduced in accordance with Article 86, Parking Regulations, Section 26-86-010(i).

b.

Use of on-site unimproved overflow parking areas or shuttling may be allowed to accommodate winery events, if specified in the use permit.

c.

Overflow parking and shuttling shall not be used to accommodate parking for winery visitor serving activities.

d.

No parking is permitted along any public or private roadways or on shared vineyard roads.

Food Service. Food service is allowed as specified below.

a.

All food service must be designed to promote and enhance marketing of wine. Food service shall be secondary and incidental to agricultural production, wine sales and education.

b.

Operating the food service area as a restaurant, café, delicatessen or any food service offering cooked-to-order food is prohibited. c.

Food and wine pairings featuring local foods and food products is allowed in conjunction with winery visitor serving activities and winery events. d. Prepared meals featuring local foods and food products is allowed in conjunction with wine trade activities and winery events. e. Retail sales of pre-packaged food in conjunction with wine tasting is allowed subject to the following limitations: (1) Retail sale of pre-packaged food featuring local foods and food products is allowed during the regular business hours identified in the use permit. (2) Retail sale of pre-packaged food is allowed for on-site consumption only. Outdoor seating areas may be allowed for use as outdoor picnic areas. (3) Indoor seating area or table service in conjunction with retail sales of pre-packaged food is prohibited.

(4)

Off-site signs advertising retail sales of pre-packaged food are prohibited.

Traffic Management. Traffic management and parking plans are required to address the maximum number of people visiting during winery visitor serving activities and winery events. For events exceeding one hundred (100) participants and for events that require use of overflow parking, the traffic management plan shall include the following:

a.

Provisions for event coordination to avoid local traffic delays.

b.

Parking attendants for each day of the event.

c.

A shuttle plan, if shuttling is requested, to support each day of the event. A convenient and secure "park and ride" area must be provided.

d.

A plan for on-site parking requirements and queuing of traffic.

e.

Enforcement of the on-street parking restrictions.

f.

Subsequent changes to the approved Traffic Management Plan shall be submitted in advance to the Permit and Resource Management Department.

9.

Noise Attenuation Setbacks. Noise is attenuated by distance from the noise source. To ensure compliance with the Sonoma County General Plan Noise Element thresholds for maximum allowable exterior noise exposure levels, winery visitor serving activities and winery events shall meet the required setbacks provided in Table 18-2 below:

Table 18-2:Required Noise Attenuation Setbacks

Table 18-2:Required Noise Attenuation Setbacks
Noise generating land use Setback measured from the exterior property line of any adjacent noise
sensitive land use
Parking lots 450 feet
Outdoor areas involving groups of people or non-amplifed music (i.e. acoustic) 625 feet
Outdoor areas involving amplifed music, or loud instruments such as brass
instruments, horns, or drums
1,600 feet

Exceptions to the setbacks listed in Table 18-2 above may be allowed when a project-specific noise study prepared in accordance with the Permit and Resource Management Department Guidelines for the Preparation of Noise Analysis determines the project will comply with the Sonoma County General Plan Noise Element due to intervening structures or natural features, available open land on noise sensitive parcels, or by incorporating noise mitigation measures.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6404, § III(Exh. B), 3-14-2023)

Article 20. - Industrial, Manufacturing, and Processing Use Standards.[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 20, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 20 pertained to R1 Low Density Residential District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-20-010. - Purpose of article.

This article provides standards for specific industrial, manufacturing and processing land uses in all zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-020. - Animal product processing.

A.

Definition. Establishments engaged in the commercial butchering and processing of animals.

Includes: Slaughterhouses; fat rendering; fish processing facilities.

B.

Standards.

Must serve agriculture use in the local area.

2.

LIA, LEA, DA, zones: The size of the facility may not exceed the needs of the on-site animal production operation. (general plan policy AR-5c)

C.

Findings LIA, LEA, DA Zones. To approve an animal product processing facility in the LIA, LEA, or DA zone where animals are raised off-site, the review authority must find that the facility will be consistent with general plan policy AR-5g.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-030. - Fertilizer plants.

A.

Definition. A manufacturing facility where chemical fertilizers are manufactured and packaged, and/or where animal fertilizers are collected, processed, and packaged.

B.

Standards.

LIA, LEA, DA, RRD, and AS zones: Must serve agriculture production in the local area.

LIA, LEA, and DA zones: The size of the use may not exceed the needs of the on-site growing or processing operation. (general plan policy AR-5c)

C.

Findings LIA, LEA, DA Zones. To approve a fertilizer plant in the LIA, LEA, or DA zone, the review authority must find that the facility will be consistent with general plan policy AR-5g.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-040. - Laboratories.

A.

Definition. A facility for scientific research and the design, development, and testing of products in advance of product manufacturing.

1.

Includes: Assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities. B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-20-050. - Laundry plants.

A.

Definition. A service establishment engaged primarily in high volume laundry and garment services

Includes: Carpet and upholstery cleaners; diaper services; laundries; linen supply. 2. Excludes: Coin-operated laundries; retail dry cleaning stores. B. Standards. No unique use-specific standards. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-20-060. - Manufacturing/processing, heavy.

A.

Definition. A facility accommodating manufacturing processes where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community.

1.

Includes: Manufacturing of asphalt, building materials, cement, concrete, chemicals, fabricated metals, paper products, petroleum products, machinery, textiles, and vehicles and transportation equipment.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-070. - Manufacturing/processing, light.

A.

Definition. The manufacture, predominantly from previously prepared materials, of finished products or parts, that produces little or no noise, odor, fumes, dust, or vibration detectable beyond the interior walls of the facility and is unlikely to cause significant impacts on surrounding land uses.

Includes: Manufacturing of clothing and fabric products, drugs and pharmaceuticals, electronic equipment, optical goods, pottery and ceramic products, photographic equipment, paper products, and miscellaneous small consumer products; foundries casting lightweight, nonferrous metal without noxious fumes or odor.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-080. - Manufacturing/processing, medium.

A.

Definition. A facility accommodating manufacturing processes that involve and/or produce food products, building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under manufacturing/processing light but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels.

1.

Includes: Bakeries and catering services, cooperage and bottling works; food and beverage processing, cabinet shops, welding, sheet metal and machine shops, furniture shops, machinery manufacturing, metal product fabrication

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-090. - Recycling collection facilities.

A.

Definition. A center for the acceptance of recyclable materials, include the following:

Collection Facility, Large. A recycling collection facility that occupies an area of more than five hundred (500) square feet. Includes bins, boxes, cans, kiosk-type units, and other containers or receptacles.

2.

Collection Facility, Small. A recycling collection facility which occupies an area of not more than five hundred (500) square feet. Include bins, boxes, cans, kiosktype units and other containers or receptacles; and/or a properly licensed automobile, truck, trailer or van

3.

Reverse Vending Machines. A mechanical device which accepts and temporarily stores one (1) or more types of empty beverage containers, including aluminum cans, glass and plastic bottles and cartons and issues a cash refund or redeemable credit slip.

Standards.

a.

See Section 26-88-070 (recycling collection and processing facilities).

b.

C1, M1, M2, M3 zones: Small collection facilities must be accessory to a permitted use.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-100. - Recycling processing facilities.

A.

Definition. A facility used for the collection and processing of recyclable materials and/or used motor oil, for shipment, or to an end-user's specifications, by means of baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re- manufacturing, and shredding.

1.

Light Processing Facility. A recycling processing facility that occupies an area of under forty-five thousand (45,000) gross square feet for material collection, processing and storage. A light processing facility does not shred, compact, or bale ferrous metals other than food and beverage containers.

Heavy Processing Facility. Any recycling processing facility other than a light processing facility.

B.

Standards. See with Section 26-88-070 (recycling collection and processing facilities).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-110. - Storage: Contractor's storage yard.

A.

Definition. Storage of construction materials or equipment on a site other than a construction site.

1.

Includes: Indoor and outdoor storage, ancillary office, storage of large equipment and vehicles, and storage of scrap materials used for repair and maintenance of on-site equipment.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-120. - Storage: Manufactured home storage. A.

Definition. Facilities for the storage of manufactured and mobile homes.

B.

Standards. No unique use-specific standards. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-20-130. - Storage: Personal storage. A.

Definition. A facility with separate storage spaces of varying size for the storage of customers' goods and possessions.

B.

Standards. No unique use-specific standards. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-20-140. - Storage: Vehicle, boat, and RV storage.

A.

Definition. A facility for the long-term storage of cars, trucks, buses, recreational vehicles, boats, fleet vehicles, motorized farm equipment and machinery and other motor vehicles.

Includes: Towing and impound facilities

  1. Excludes: Wrecking and salvage yards. B. Standards. 1.

C3 zone: the storage of non-operative vehicles, recreational vehicles, manufactured homes, and fleet vehicles requires a use permit.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-20-150. - Storage: Warehouses. A. Definition. A facility for the storage of commercial goods. 1. Includes: Cold storage. 2. B.

Excludes: Personal storage; wholesale and distribution; truck and freight terminals.

Standards.

C3 zone: Includes the incidental retail sales and service of furniture, carpet, drapery and upholstery

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-160. - Storage: Wholesale and distribution. A.

Definition. A facility that sells merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acts as agents or brokers in buying merchandise for or selling merchandise to customers.

Includes: Storage, processing; packaging; and shipping facilities for mail order and e- commerce retail facilities.

B. Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-20-170. - Wrecking and salvage yards. A.

Definition. Open storage, dismantling and/or selling of old cast off, unused, scrap or salvage material of any kind.

Includes: Non-operative motor vehicle storage yards.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 22. - Recreation, Education and Public Assembly Use Standards.[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 22, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 22 pertained to R2 Medium Density Residential District and derived from Ord. No. 6247, § II(Exh. C), adopted Oct. 23, 2018; and Ord. No. 6298, § III(Exh.), adopted Feb. 4, 2020.

Sec. 26-22-010. - Purpose of article.

This article provides standards for specific recreation, education and public assembly land uses in all zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-020. - Camp, organized.

A.

Definition. A site with program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for five (5) days or more during one (1) or more seasons of the year.

Excludes: Hotels, motel, and resorts; tourist camps; trailer parks; hunting camps; auto courts; labor camp; penal or correctional camp; child care institutions; charitable or recreational organizations that complies with the rules and regulations for recreational trailer parks.

B.

Standards.

TP zone: must be permanently located and improved.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-22-030. - Campgrounds.

A.

Definition. Land or premises which are used or intended to be used, let or rented for occupancy by campers.

B.

Standards.

1.

Not permitted on property subject to a Williamson Act contract.

LEA and DA zones: maximum of thirty (30) sites within campground.

RRD zone: May not interfere with or detract from the purposes of RRD zone.

RRD and K zones: May include sites for recreational vehicle (RV) camping.

TP zone: must be permanently located and improved.

C.

Findings.

LEA zone: To approve a conditional use permit for a campground in the LEA zone, the review authority must find that the use will be consistent with general plan policy AR-6f and other applicable provisions of the general plan.

TP zone: The use does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-030.1. - Campgrounds, resorts and organized camps (TP).

A.

Definition. Permanently located and improved private and public campgrounds, resorts and organized camps. Applies in TP zones only.

B.

Standards.

Must be permanent located and improved.

2.

The use shall not include construction of permanent residences, except as otherwise allowed in the TP zone.

The use does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber.

(Ord. No. 6403, 3-7-2023)

Sec. 26-22-040. - Civic institution.

A.

Definition. Public or non-profit institutions that support and contribute to the cultural development of the community and provide community-serving programs and services on-site.

1.

Includes: libraries, museums, aquariums, zoos, environmental education centers, non-profit art centers and galleries, botanical gardens, and other similar uses.

Excludes: Elementary and secondary schools, colleges and universities, and specialized education and training institutions.

RR and PCRR zones:

a.

May serve no more than the residential community in which it is located.

b.

May not adversely affect the agricultural community.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-050. - Community meeting facilities.

A.

Definition. A noncommercial facility for public or private assembly.

Includes: Community centers, grange halls, meeting halls for clubs and other membership organizations, places of worship, and functionally related internal facilities (e.g., kitchens, multi-purpose rooms, and storage).

2.

Excludes: Sports or other recreational or entertainment facilities, overnight lodging, functionally independent restaurants and food service, day care centers, schools.

B.

Standards.

Not permitted on property subject to a Williamson Act contract.

2.

LIA and AS zone: Limited to granges and similar agriculturally related community service facilities which do not adversely impact agriculture in the area. All other community meeting facility uses are prohibited.

3.

LEA, DA, RRD, AR, and RR zones: May occupy no more than fifty percent (50%) of the parcel or ten (10) acres, whichever is less.

4.

LEA and DA zones: Agricultural production and related processing, support services, and visitor serving uses must remain the primary use of the parcel. (general plan policy AR-4a)

5.

RR and PCRR zones: May serve no more than the residential community in which it is located and may not adversely affect the agricultural community.

Industrial zones: must be located in existing industrial buildings and clearly incidental to the permitted industrial use.

7.

PF zone: on leased Sonoma County airport lands designated in the airport master plan for non-aeronautical development uses, high intensity and noise sensitive uses such as houses of worship are not allowed.

8.

Criteria In LIA, LEA, DA, RRD, AR and RR zones, the use must be consistent with general plan policy LU-6e.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-060. - Country club.

A.

Definition. A private membership club which may include recreational facilities (e.g., swim and tennis facilities), fitness facilities, a restaurant, and related facilities.

Excludes: Overnight lodging facilities

B.

Standards.

1.

Not permitted on property subject to a Williamson Act contract.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-070. - Educational institutions: Colleges and universities.

A.

Definition. Public and private institutions of higher education providing curricula of a general nature, typically granting recognized degrees or certificates.

Includes: community colleges, junior colleges, colleges, universities

2.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-080. - Educational institutions: Elementary and secondary schools.

A.

Definition. Educational institutions providing instruction to minors as required by the California Education Code.

Includes: public and private elementary, junior high, and high schools;

B.

Permits.

A use permit is required.

C.

Standards.

Not permitted on property subject to a Williamson Act contract.

2.

In the LEA, DA, RRD, AR, RR zones, the use must be consistent with general plan policy LU-6e.

3.

In the LEA and DA zones, the applicant must demonstrate that the use meets a local need, avoids conflict with agricultural activities and is consistent with general plan objective AR-4.1 and policy AR-4a.

4.

In the RR Zone, private elementary and secondary schools must be consistent with General Plan Policy Lu-6f.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-090. - Educational institutions: Specialized education and training.

A.

Definition. Public and private educational institutions providing instruction in specific fields, with limited to no course offerings in general education subjects.

Includes: Vocational schools; art, graphic design and photography schools; film and video schools; music, theater, and dance schools; seminaries/religious ministry training facilities; facilities providing courses by mail; facilities, institutions, and conference centers that offer specialized programs in personal growth and development, including fitness; environmental education schools.

B.

Standards.

RR and PCRR zones:

a.

May serve no more than the residential community in which it is located.

b.

May not adversely affect the agricultural community.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-100. - Golf course.

A.

Definition. An area of land used for the playing of golf, consisting of at least nine (9) holes, and improved with tees, greens, fairways, and hazards.

Includes: Driving ranges, locker and shower facilities, pro shop with incidental sales of golfing equipment, snack bar, and maintenance operations

Excludes: Restaurants, non-golfing retail sales, lodging, miniature golf courses.

B.

Standards.

1.

RR zone: Driving ranges may not be operated during night time hours. Associated facilities include only those necessary to serve the driving range use, such as equipment rental and snack bar and not restaurants, retail sales and similar facilities.

2.

PC zone: Publicly owned golf courses only.

LIA, LEA, and DA zones:

a.

A golf course must be adjacent to a designated urban service boundary or include an irrevocable offer of offsite unutilized development rights for all lands between the use and the urban service boundary.

b.

Permanent open space or agricultural preservation must be provided for the site of a proposed golf course and all areas for which development rights are acquired,

c.

A golf course must be located in close proximity to an existing wastewater treatment facility and use of reclaimed wastewater in accordance with the regulations of the applicable regional water quality control agency,

d.

A golf course is subject to design review approval and includes setbacks, buffers or other measures designed to minimize its impact on existing and potential agricultural uses in the area,

e.

Under no circumstances shall housing be included as part of the use, except that one (1) caretaker unit may be allowed.

f.

A golf course must be compatible with and not result in limitations on any agricultural operation.

g.

Golf courses are not allowed on lands subject to a Williamson Act contract or in a timber production zone.

h.

Facilities associated with the golf course and/or driving range shall be limited to those which serve golfers on the course or range, such as locker and shower facilities, pro shop with incidental sales of golfing equipment, snack bar and maintenance operations. Such facilities shall not include restaurants, other retail sales, lodging or similar uses,

i.

Driving ranges may not be operated during nighttime hours.

j.

In the event that a golf course is proposed within a designated Community Separator, the criteria established by general plan policy OSRC-1c shall supersede the above criteria.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-22-110. - Parks and playgrounds. A.

Definition. Public and private facilities for neighborhood or community use for outdoor sports and recreation activities, where the facilities are oriented more toward participants than spectators.

Includes: Includes athletic/sport field, tennis and other sport courts, swimming pools, playgrounds with children's play equipment, picnicking and open space areas.

B.

Standards.

1.

RR and PCRR zones:

a.

May serve no more than the residential community in which it is located.

b.

May not adversely affect the agricultural community.

2.

K zone: Public parks are permitted by right. Public playgrounds and private parks require a use permit.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-120. - Periodic special events.

A.

Definition. A periodic event such as a parade, concert, festival, race or gathering which attracts a large gathering of people either by direct participation, or as spectators.

B.

Zoning Permit Required. A zoning permit is required for all periodic special events, except the following, which are not considered periodic special events:

1.

Events conducted entirely within dedicated rights-of-way where event organizers have secured necessary encroachment or other permits;

2.

Events conducted entirely within a building for which all necessary county permits have been secured, provided that the events are within the scope of the use for which the building was permitted;

3.

Events conducted at fairgrounds or events conducted at outdoor spectator facilities for which a use permit has been obtained, provided that the outdoor event is within the scope of the use permit;

4.

An event which has all of the following characteristics:

a.

Has no live amplified music;

b.

Does not involve an admission fee either for participants or spectators;

c.

Is a one (1) day event conducted between the hours of seven a.m. and eleven p.m.;

d.

Does not involve overnight sleeping of participants or spectators;

e.

Is not conducted more than one (1) calendar day in a thirty-day period;

f.

Is not accompanied by newspaper, internet, social media, radio or television advertising or printed leaflets distributed to the public at large; and

g.

Does not involve the sale of food or beverages.

All periodic special events may be subject to requirements of sheriff, public health, fire services, building inspection, public works, or other permitting agencies not specified in this article. Event hosts are responsible for securing approvals from applicable agencies.

C.

Standards.

1.

Periodic special events subject to a zoning permit shall comply with the following requirements, in addition to the requirements of other applicable agencies:

a.

The event shall comply with all local and state fire codes.

b.

Noise shall be managed in accordance with the noise element of the Sonoma County general plan.

c.

A courtesy notice shall be posted on the property at least ten (10) days in advance of the event, which states the nature and duration of the event. Notice of the event and contact information for the event host, including a telephone number at which the event host can be reached before and at all times during the event, shall be provided at least forty-eight (48) hours before the event to at least one (1) resident of each adjacent lot. The notice shall state that a request for a public hearing may be submitted to the project planner at least 10 days in advance of the date specified on the notice.

d.

Periodic Special Events are "restricted nonagricultural uses" in the LEA, LIA, and DA Districts. See Section 26-06-030.E for additional applicable provisions.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-130. - Recreation and sports facilities: Health/fitness facility.

A.

Definition. Fitness centers, gymnasiums, health and athletic clubs.

Includes: Swimming pools; saunas; spas and hot tubs; indoor tennis; handballs; racquetball courts; indoor fitness activities.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-140. - Recreation and sports facilities: Recreation facility, indoor.

A.

Definition. A commercial establishment providing indoor recreation, entertainment, and sports facilities for a fee or admission charge.

Includes. Paintball/laser tag; rock climbing; martial arts; ice skating; pool and billiards; indoor tennis and racquet clubs, indoor sports activities as primary uses. B.

Standards.

1.

All activities must relate to and utilize the primary sports function of the facility.

Periodic Special events are not allowed on site.

3.

In MP, allowed by-right if accessory to the primary use permitted on the site. Otherwise, Use Permit required.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-150. - Recreation and sports facilities: Recreation facility, outdoor.

A.

Definition. A commercial facility for outdoor sports and recreational activities where a fee is charged for use.

Includes: Amusement and theme parks, go-cart tracks, miniature golf courses, outdoor water park, accessory retail and food service facilities customarily associated with outdoor commercial recreation activities.

==> picture [529 x 648] intentionally omitted <==

----- Start of picture text -----
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-22-160. - Recreation and sports facilities: Rural sports and recreation.
A.
Definition. Facilities for sports and recreational activities requiring large undeveloped sites, remote locations, and having significantly lower numbers of visitors per
day as compared to other recreation and sports facilities.
1.
Includes: Hunting and fishing clubs, game preserves, paint-ball, zip line and ropes courses, non-motorized mountain biking facilities.
B.
Standards.
1.
LEA, LIA, and DA, and AR zones: Limited to game preserves, refuges, and hunting clubs.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-22-170. - Recreation and sports facilities: Shooting ranges.
A.
Definition. A facility providing a confined space for safe target practice with firearms, archery equipment, or other weapons.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-22-180. - Sports and entertainment assembly.
A.
Definition. A large-scale indoor or outdoor facility accommodating spectator-oriented sports, concerts, and other entertainment activities.
1.
Includes: Amphitheaters; race tracks; rodeo arenas; stadiums; coliseums; incidental and subordinate commercial facilities (i.e. bars, restaurants and gift shops).
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-22-190. - Studios for art crafts, dance, music.
A.
Definition. Production studios for individual musicians, painters, sculptors, photographers, and other artists and craftsmen.
1.
Includes: Individual and group instruction and training in the arts dance, and music; production rehearsal; photography, and the processing of photographs
produced only by users of the studio facilities; martial arts training studios; dance studios; gymnastics instruction; and aerobics and gymnastics studios with no
other fitness facilities or equipment.
B.
Standards.
1.
----- End of picture text -----

LIA, LEA, DA, and RRD zones: Only non-commercial arts and crafts studios are allowed. Retail or wholesale sales are prohibited.

2.

RR zone: Retail or wholesale sales are allowed if the use is conducted within an existing abandoned agricultural building appropriate for such use.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-200. - Theater and entertainment venues.

A.

Definition. Indoor facilities with a permanent stage or screen for the presentation of live or recorded entertainment and which contains an audience viewing hall or room, with fixed seats.

1.

Includes: Civic theaters and facilities for live theater and indoor concerts; exhibition and convention halls; movie theaters; public auditoriums; similar public assembly uses and live entertainment or amplified music uses.

2.

Excludes: Outdoor theaters; outdoor concert venues; indoor commercial recreation facilities.

B.

Standards.

MP zone: Limited to auditoriums accessory to the primary permitted use on site.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-22-210. - Visitor/interpretive center.

A.

Definition. A facility for providing information for travelers and/or the public about a specific community, region, geographic area, or site.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 24. - Residential Use Standards.[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 24, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 24 pertained to R3 High Density Residential District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-24-010. - Purpose of article.

This article provides standards for specific residential land uses in all zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-020. - Accessory dwelling unit.

A.

Definition. An attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single-family or multifamily dwelling is or will be situated. An ADU may be an efficiency unit, as defined in state Government Code § 65852.2; or a manufactured home, as defined in state Government Code § 65852.2.

B.

Standards.

See Section 26-88-060 (Accessory Dwelling Units).

(Ord. No. 6352, § V, 9-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Secs. 26-24-030—26-24-070. - Reserved.

Editor's note— Ord. No. 6532, § III(Exh. A), adopted Oct. 7, 2025, repealed §§ 26-24-030—26-24-070, which pertained to Agricultural employee housing and derived from Ord. No. 6335, § III(Exh. A), adopted Feb. 9, 2021.

Sec. 26-24-080. - Caretaker dwelling.

A.

Definition. A residence that is accessory to a non-residential primary use of the site where needed for security or 24-hour care or supervision.

B.

Standards.

LC zone:

a.

Allowed only outside of urban service areas.

b.

Lot may not already contain a residence.

AS zone: Allowed only outside of urban service areas. 3.

K zone: Lot may not already contain a residence. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-24-090. - Congregate housing. A.

Definition. Shared living quarters, such as boarding houses and dormitories, where individual rooms or sleeping spaces are rented for occupancy of thirty (30) days or more. Congregate housing facilities typically have a resident manager but do not provide institutional supervision or intensive health care. 1.

Small congregate housing: Serving six (6) persons or less.

Large congregate housing: Serving more than six (6) persons.

B.

Standards.

Design review required for large congregate housing.

RR zone:

a.

Small congregate housing must be located within an urban service area.

b.

Large congregate housing must be served by public sewer.

R2 and R3 zone: Small congregate housing allowed only on lots eight thousand (8,000) square feet or more.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-100. - Cottage food operation.

A.

Definition. An enterprise in a private home where food products are prepared and/or packaged for sale to consumers as allowed by California Health and Safety Code Section 113758, 11837, and 114365.

B.

Standards.

1.

Must have current food service permits from Sonoma County Environmental Health and must comply with Health and Safety Code Sections 113758, 11837, and 114365.

2.

One (1) cottage food employee is permitted in addition to the onsite resident cottage food operator.

Annual sales may not exceed fifty thousand dollars ($50,000.00).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-110. - Cottage housing developments.

A.

Definition. Small-scale, clustered housing units that are comparable in scale and intensity to single-family residential uses in the surrounding neighborhood.

1.

Includes: Conversion of an existing single-family dwelling to attached cottage housing, detached cottage housing with small, detached units clustered around common open space and designed with a coherent concept.

B.

Standards.

1.

See Section 26.88.063 (cottage housing developments).

R1 and R2 zones: Up to three (3) cottages per property allowed by right. Four (4) or more cottages requires a use permit.

R1 and R2 zones: Allowed only on lots eight thousand (8,000) square feet or more.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-120. - Farmworker housing.

A.

Definition. A dwelling unit for a full-time, year-round agricultural employee located on the site of a qualifying agricultural use.

B.

Permit. A zoning permit is required, subject to annual monitoring of qualifying agricultural use.

1.

Where Allowed. Farmworker housing may be allowed on sites that do not already have agricultural employee housing as permitted under Section 26-18-030. 2.

Number of Units Allowed. One (1) dwelling unit for full-time agricultural employees is allowed for each of the following agricultural uses conducted on the parcel. a.

At least thirty (30) dairy cows, dairy sheep, or dairy goats.

b.

At least ten (10) acres of grapes, apples, pears, prunes, or other orchard crop.

c.

At least fifteen thousand (15,000) broilers, fifteen thousand (15,000) egg-layers or three thousand (3,000) turkeys.

d.

At least fifty (50) non-dairy sheep, goats, replacement heifers, beef cattle, or hogs.

e.

At least thirty (30) mature horses.

f.

Wholesale nurseries with a minimum of either one-half (0.5) acre of propagating greenhouse or outdoor containers or one (1) acre of field-grown plant materials.

g.

At least two (2) acres of vegetable, row crops and/or cut flowers.

h.

If none of the above thresholds can be met individually, a farmworker dwelling unit may be allowed on a site with an agricultural use that produces a minimum of $120,000 inflation-adjusted gross sales of agricultural products as reported on tax rolls or other verified documentation. On January 1st of each year beginning in 2026, the gross sales threshold shall be adjusted by Permit Sonoma by an amount equivalent to the percentage change in the Consumer Price Index, or other industry-specific index at the discretion of Permit Sonoma, for the preceding twelve (12) month period.

3.

Water Scarce Areas. Farmworker dwelling units may be established within designated class 4 water-scarce areas only where a hydrogeology report certifies that the establishment and continuation of the additional residential use will not have significant adverse impacts on local or cumulative groundwater availability or yield.

4.

Covenant. A covenant shall be recorded, in a form satisfactory to county counsel, which acknowledges that the unit shall be used to house an agricultural employee and that in the event that the agricultural use is terminated on the property, the farmworker unit becomes a nonconforming residential use or another permitted use in compliance with the provisions of this code and state laws in effect at the time of conversion.

5.

Lot Transfers. In the LIA, LEA, and DA zones, a farmworker unit may be transferred to a lot that is under the same ownership and in the same zone as the subject property. The transfer requires a use permit. The unit must be placed on the receiving parcel closer to the primary dwelling unit than to the property line.

(Ord. No. 6532, § III(Exh. A), 10-7-2025)

Editor's note— Ord. No. 6532, § III(Exh. A), adopted Oct. 7, 2025, repealed the former § 26-24-120, and enacted a new § 26-24-120 as set out herein. The former § 26-24-120 pertained to dwelling, multi-family, and derived from Ord. No. 6335, § III(Exh. A), adopted Feb. 9, 2021.

Sec. 26-24-140. - Dwelling, two-family.

A.

Definition. A single residential structure containing two (2) separate dwelling units, each with its own entrance and independent permanent provisions for living, sleeping, eating, cooking, and sanitation.

1.

Includes: Prefabricated and manufactured homes

2.

Excludes: Single-family dwelling with attached accessory dwelling unit.

B.

Standards.

1.

PC zone: Allowed only on lots six thousand (6,000) square feet or more with a width of sixty feet (60') or more.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-150. - Family day care home.

A.

Definition. A facility providing daytime supervision and care for children in the provider's own home for periods of less than twenty-four (24) hours.

Large family day care home: Provides care to nine (9) to fourteen (14) children, including children under the age of twelve (12) who reside at the home.

Small family day care home: Provides care to eight (8) or fewer children, including children under the age of twelve (12) who reside at the home.

B.

Permits. Zoning permit required for large family day care. C. Standards.

Large family day care homes are not permitted on land subject to a Williamson Act contract.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-160. - Farm family dwelling. A.

Definition. An additional single-family dwelling incidental to the main dwelling in terms of size, location and architecture which is not leased, subleased, rented or subrented separately from the main dwelling nor divided by sale, and which is inhabited by a member of the farm operator's family. B.

Standards.

A maximum of one (1) farm family dwelling unit is allowed per lot.

LIA zone: Allowed only on a property with a Williamson Act contract.

LIA and LEA zones:

a.

An agricultural easement having a term equal to the useful life of the structure, but in no event less than twenty (20) years, shall be offered to the county at the time of application.

b.

A covenant shall be recorded, in a form satisfactory to county counsel, which acknowledges that, in the event that the agricultural use is terminated on the property, the farm family dwelling becomes a nonconforming residential use.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-170. - Guest house.

A.

Definition. An accessory building to a single-family dwelling which consists of a detached living area of a permanent type of construction, which may contain a full or half bathroom, but may not contain provisions for appliances or fixtures for the storage and/or preparation of food, including, but not limited to, refrigeration, dishwashers or cooking facilities.

B.

Standards.

Maximum one (1) guest house per lot.

May not be leased, subleased, rented or sub-rented separately from the main dwelling except that a legal, fully permitted guest house may be used as a hosted rental as allowed by Section 26-88-118 (hosted rentals).

3.

Maximum floor area: six hundred forty (640) square feet. Floor area is calculated by measuring the exterior perimeter of the guest house and the length of any common walls. In the case of straw bale or similar construction, floor area may be calculated using interior dimensions. Floor area includes any storage area attached to the guest house, excluding garage, shall be included.

4.

Must be located closer to the primary dwelling on the subject lot than to a primary dwelling on any adjacent lot.

5.

Maximum distance from the primary dwelling on the lot: one hundred feet (100'). The director may allow a greater setback due to topography, vegetation or unique physical characteristics.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-180. - Home occupation.

A.

Definition. Conduct of a business within a dwelling unit or accessory structure by occupants of the dwelling, with the business activity being subordinate to the residential use of the site.

B.

Standards. See Section 26-88-121 (home occupations).

(Ord. No. 6363 § II(Exh. A), 12-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-190. - Junior accessory dwelling unit.

A.

Definition. A dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B.

Standards.

See Section 26-88-061.

May not exceed five hundred (500) square feet.

Must include an efficiency kitchen.

4.

May include separate sanitation facilities or share sanitation facilities with the existing structure.

(Ord. No. 6352, § VI, 9-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-200. - Live/work.

A.

Definition. A building or space within a building that is used jointly for residential and commercial purposes, where the commercial activity is subordinate to the residential use of the site.

B.

Standards.

See Section 26-88-122 (live/work uses).

Commercial and PC zones:

a.

Allowed only in conjunction with a legally established single-family dwelling.

b.

Not permitted in a mixed-use development, SRO unit, or caretaker dwelling.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-210. - Low-barrier navigation center.

A.

Definition. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

"Low-Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

Pets.

The storage of possessions.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.

A low-barrier navigation center is a use by right in zones where it is identified as a permitted use, provided that the use meets the requirements enumerated in Government Code Section 65662 or successor statute.

B.

Standards. A low-barrier navigation center must meet the following requirements:

1.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

Coordinated Entry System. It links to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Lighting. Exterior lighting must be fully shielded and downward facing. Flood lights and uplights are prohibited. Luminaries must not exceed one thousand (1,000) lumens per fixture. Total illuminance beyond the property line must not exceed 1.0 lux. The color temperature of exterior lighting must not exceed three thousand (3,000) Kelvin.

Security and Management. Onsite security shall be provided during hours of operation. The low-barrier navigation center shall provide at least one (1) onsite manager at all times.

Common Facilities. Low-barrier navigation centers are encouraged but not required to provide the following common facilities for the exclusive use of the residents:

a.

Central cooking and dining room(s);

b.

Common recreation room;

c.

Office with services for residents;

d.

Laundry facilities adequate for the number of residents.

8.

On-Site Parking. On-site parking for low-barrier navigation centers, including bicycle parking, shall be subject to requirements as set forth in Article 86.

9.

Secure Storage. Low-barrier navigation centers are encouraged, but not required, to provide secure, locked storage facilities for residents' personal belongings.

(Ord. No. 6458, § VII, 12-5-2023)

Sec. 26-24-220. - Mixed-use development.

A.

Definition. A development that combines residential and non-residential uses either within a single building or in separate buildings on the same site. Mixed-use developments feature structural separations between the residential and non-residential spaces to allow the two (2) uses to be rented, leased, sold, or occupied separately.

B.

Standards.

1.

See Section 26-88-123 (mixed-use developments).

C1, C2, and LC zones:

a.

Allowed by-right if the development provides affordable housing on-site meeting the inclusionary requirements of Article 89 (affordable housing).

b.

All other mixed-use development requires a use permit.

3.

K zone:

a.

Must be located within an urban service area.

b.

The residential units must provide workforce housing serving an existing or proposed commercial use on the property.

c.

The residential units must be provided as affordable to very low- or low-income households, subject to Section 26-88-123 (mixed use developments). d.

No more than ten percent (10%) of the total gross project floor space may be in residential floor area.

e.

Allowed residential units in the mixed-used development are in addition to the allowed caretaker dwelling.

4.

PC zone:

a.

Must be located within an urban service area.

b.

The residential units must complement and be compatible an existing or proposed on-site commercial use.

c.

The residential floor area may not exceed eighty percent (80%) of the total floor area of the development.

(Ord. No. 6458, § VII, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-230. - Mobile home parks.

A.

Definition. An area of land that accommodates two (2) or more mobile homes, manufactured homes, or recreational vehicles for single-family residential use, where individual home lots are rented or leased consistent with the Mobile Home Parks Act, Health and Safety Code Section 18200 et seq.

Excludes: Areas in agricultural zones with mobile homes that house twelve (12) or fewer agricultural employees.

B.

Standards.

See Section 26-88-100 (mobile home park standards).

Closure, cessation of use or conversion of a mobile home park to an alternate land use must comply with Section 26-92-090.

(Ord. No. 6458, § VII, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-240. - Permanent supportive housing.

A.

Definition. Rental housing with no limit on length of stay, occupied by a special needs population as specified in the housing element, with on-site or off-site services assisting residents to retain their housing, improve their health status, and maximize their ability to live and, where possible, work in the community. Also "supportive housing."

B.

Standards.

Permanent supportive housing is a use by right in zones where multifamily and mixed uses are permitted.

Subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type (ex. single-family or multi-family residential) in the same zone.

(Ord. No. 6458, §§ VII, VIII, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-250. - Residential community care.

A.

Definition. A facility that provides primarily nonmedical residential care for children and/or adults.

Includes: Family home, group care facility or similar licensed facility for 24-hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

2.

Small residential care facility: Facilities serving six (6) or fewer persons.

3.

Large community care facility: Facilities serving seven (7) or more persons.

B.

Standards.

1.

Not allowed on land subject to a Williamson Act contract.

2.

Subject to the same density limitations and regulations applicable to other residential dwellings of the same type (ex. single-family residential) in the same zone. Subject to the same density limitations and regulations applicable to other residential dwellings of the same type (ex. multifamily) in the same zone.

(Ord. No. 6458, §§ VII, IX, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-260. - Single-room occupancy.

A.

Definition. A living unit intended for occupancy by not more than two (2) persons, with a minimum floor area of one hundred fifty (150) square feet. Single room occupancy units may have partial kitchen and/or bathroom facilities pursuant to Health and Safety Code Section 17958.1.

Small: Less than ten (10) SRO rooms

Large: Ten (10) or more SRO rooms.

B.

Standards.

1.

Compliance with county code Section 26-88-125 (single room occupancy facilities).

C1, C2, LC: only in designated urban service area

(Ord. No. 6458, § VII, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-270. - State-regulated small employee housing.

A.

Definition. Employee housing, as defined in California Health and Safety Code §17008 and as provided in Health and Safety Code §17021.5, for six or fewer employees in a single-family dwelling.

1.

State-regulated small employee housing is not included within the definition of a boarding house, rooming house, hotel, dormitory, congregate housing or similar term that implies that the qualified employee housing is a business run for profit or differs in any other way from a single-family dwelling.

2.

Consistent with California Health and Safety Code §17021.5, use of a single-family dwelling as State-regulated small employee housing does not constitute a change in occupancy for purposes of State Housing Law (California Health and Safety Code §17910, et seq.) and local building codes.

B.

Standards.

1.

Subject to the same density limitations, standards, regulations, permit requirements, taxes, and fees applicable to other single-family dwellings of the same type in the same zone.

State-regulated small employee housing shall be established and maintained in compliance with any applicable Williamson Act contract.

C.

Permits.

1.

A use permit is required if the applicable zoning district requires a use permit for single-family dwellings.

2.

A permit to operate from the state Department of Housing and Community Development is required.

(Ord. No. 6458, § X, 12-5-2023)

Sec. 26-24-280. - Temporary occupancy of travel trailer.

A.

Definition. Temporary occupancy of a travel trailer or recreational vehicle on a residential property.

B.

Standards. See Section 26-88-010(p)

(Ord. No. 6458, § VII, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-290. - Transitional housing.

A.

Definition. Housing with supportive services for persons or families in transition from a homelessness to permanent housing. The length of stay is typically six (6) months to two (2) years.

B.

Standards.

1.

CO, C1, C2, and C3, and LC zones: Transitional housing is allowed only when located in an existing, legal residential unit.

2.

Subject to the same density limitations and regulations applicable to other residential dwellings of the same type (ex. multi-family residential) in the same zone.

(Ord. No. 6458, §§ VII, XI, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-24-300. - Work/live.

A.

Definition. A single unit with one (1) or more rooms, occupied and utilized by a single household, which accommodates both work activity and residential occupancy, in which the working space is predominant and the residential facilities secondary.

B.

Standards.

1.

See Section 26-88-124 (Work/live units).

2.

Must contain working space reserved for and regularly used for commercial or industrial use by one (1) or more residents of the unit.

3.

Must contain complete residential cooking, sleeping and sanitary facilities in compliance with all applicable building codes.

4.

M1 zone: Allowed only in urban service area.

(Ord. No. 6458, § VII, 12-5-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 26. - Retail Use Standards.[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 26, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 26 pertained to PC Planned Community District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-26-010. - Purpose of article.

This article provides standards for specific retail land uses in all zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-020. - Alcoholic beverage sales.

A.

Definition. A retail establishment that sells alcoholic beverages for off-site consumption.

  1. Includes: Liquor stores, convenience stores, markets, and other similar establishments 2.

Excludes: Winery tasting rooms.

Small alcoholic beverage sales: Less than ten thousand (10,000) square feet of floor area.

Large alcoholic beverage sales: ten thousand (10,000) square feet or more of floor area. B.

Standards. See Section 26-88-195 (small alcoholic beverage sales).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-26-030. - Bar, tavern, nightclub. A.

Definition. A business selling alcoholic beverages for on-site consumption where food service is subordinate to the sale of alcoholic beverages. 1. Includes: Cocktail lounges, entertainment (e.g., live music and/or dancing, comedy, etc.) as an accessory and incidental use 2. Excludes: Restaurants that serve alcoholic beverages. B. Standards. No unique use-specific standards. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-040. - Building and landscape materials sales. A.

Definition. A retail business selling hardware, lumber, building materials, paint, plants and landscaping products, garden supplies, and other similar merchandise. Typically requires the primary use of the site as exterior storage of lumber, equipment, stone, gravel, soil amendments, and other similar products. 1.

Includes: Heavy commercial uses for which storage, large or heavy merchandise, or commercial transportation facilities are necessary and usual to the operation.

Excludes: Nurseries selling only plants and landscaping products.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-26-050. - Farm equipment and supplies sales and rental.

A.

Definition. An establishment selling, renting, and repairing agricultural machinery, equipment, and supplies for use in farming and ranching operations.

Includes: Retail sale of tractors, combines, animal feed, and other farm supplies. B.

Standards.

LC zone: Feed stores are a permitted use. (Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-26-060. - Firewood yard. A.

Definition. A business that cuts, splits, chips, sells, stores, and/or delivers firewood.

Includes: Associated large equipment and vehicle storage and retail sales.

B.

Standards.

1.

TP zone: Temporary or seasonal sales and promotion, and incidental storage of fuel wood which is grown on site is permitted by-right. Sale of wood grown off-site requires use permit approval.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-26-070. - Fuel dealers.

A.

Definition. The retail sale of fuel oil, butane, propane, and liquefied petroleum gas (LPG), bottled or in bulk, as a principal use.

Excludes: Fuel stations selling gasoline or other motor vehicle fuels

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-080. - Fuel station, retail.

A.

Definition. A retail facility that sells gasoline or diesel to the public for the purposes of fueling motor vehicles, or for fueling gasoline or diesel-powered tools or appliances; or any facility for fueling rental motor vehicles with gasoline or diesel at the Sonoma County Airport, whether or not the gasoline or diesel is sold to the public.

Includes: Retail sales of motor vehicle fossil fuels; facilities for fueling rental motor vehicles with gasoline or diesel at the Sonoma County Airport.

Excludes: Vehicle maintenance and repair.

B.

Standards.

1.

Industrial zones: Must be appropriate to and in conjunction with industrial development permitted in the zone.

(Ord. No. 6405, § VI(Exh. C), 3-14-2023)

Editor's note— Ord. No. 6405, § VI(Exh. C), adopted March 14, 2023, amended § 26-26-080 in its entirety to read as herein set out. Former § 26-26-080 pertained to fuel station and derived from Ord. No. 6335, § III(Exh. A), adopted Feb. 9, 2021.

Sec. 26-26-081. - Fuel station, non-retail.

A.

Definition. Fossil fuel dispensing equipment operated solely by an owner, business, or agricultural operation to support that owner, business, or agricultural operation's own legally established uses, but not including any equipment used to provide fuel for sale to the public.

1.

Includes: Fuel support for legally established Commercial, Industrial, or Agricultural uses.

2.

Excludes: Retail sales, Private Auto or Retail Clubs, Vehicle maintenance and Repair, and Fuel Stations, Fueling facilities for rental motor vehicles at the Sonoma County Airport, Retail uses defined in Section 26-26-080.

B.

Standards.

1.

Industrial zones: Must be appropriate to and in conjunction with industrial development permitted in the zone.

(Ord. No. 6405, § VI(Exh. C), 3-14-2023)

Sec. 26-26-090. - General retail.

A.

Definition. A retail establishment selling merchandise to the general public.

1.

Includes: neighborhood markets, grocery stores, bakeries, drug stores, hardware stores, general merchandise stores, antique stores, second hand sales, convenience shops, pet stores, department stores, pet shops, florists, vehicle accessory stores, and other similar retail establishments.

B.

Standards.

C1 and LC zones: Limited to neighborhood-serving retail selling household commodities without a use permit.

C1 and LC zones: Antique stores, second hand sales, auction studios with use permit.

C3 zone: Limited to retail sales of heavy commercial goods not suited to other commercial zones, including sale of surplus goods.

K zone: Limited to visitor-oriented retail businesses which supply commodities such as groceries, prepared foods, drugs, or hardware.

Industrial zones: Limited to and in conjunction with industrial development permitted in the applicable industrial zone.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-100. - Heavy equipment sales and rentals. A.

Definition. Sale and rental of construction and other heavy equipment.

1.

Includes: Sale and rental of cranes, earth moving equipment, and tractor trailers and other similar heavy trucks; outdoor sales yards, swap meets, flea markets, and auction yards.

2.

Excludes: Farm equipment and supplies sales, vehicle/boat sales. B. Standards. No unique use-specific standards. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-110. - Manufactured homes sales and rentals. A. Definition. Sale and rental of manufactured homes, mobile homes, and pre-fabricated structures. B. Standards. 1. Occupancy on the premises not allowed. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-120. - Nursery, retail.

A.

Definition. An establishment engaged in the propagation of trees, shrubs and horticultural and ornamental plants grown under cover or outdoors for sale to the public. Includes commercial scale greenhouses and establishments for the sale of plant materials, lawn and garden supplies, and related items. 1.

Includes: Commercial-scale greenhouses and lawn and garden supplies. 2. Excludes: Cannabis nurseries, wholesale nurseries. B. Standards. 1. Not allowed on properties subject to a Williamson Act contract. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-130. - Outdoor vendor. A. Definition. The sale of articles and agricultural or horticultural commodities on a small scale for profit or livelihood. 1. Excludes: The sale of lumber or other building material. B. Standards. 1. See Section 26-88-010(i), outdoor vendors. 2. Use may not be conducted within a building.

ct to a Williamson Act contract. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-130. - Outdoor vendor. A. Definition. The sale of articles and agricultural or horticultural commodities on a small scale for profit or livelihood. 1. Excludes: The sale of lumber or other building material. B. Standards. 1. See Section 26-88-010(i), outdoor vendors. 2. Use may not be conducted within a building.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-26-140. - Restaurants.

A.

Definition. A retail business selling ready-to-eat food for consumption on or off the premises.

1.

Includes: Full-service restaurants, fast-food restaurants, carry-out prepared foods for off-site consumption, coffee shops, cafes, and other similar eating establishments.

B.

Standards.

C1, LC, and K zones: Use permit required for restaurants serving alcohol.

  1. M1 and M2 zones: Must be appropriate to and in conjunction with a permitted industrial development. 3. MP zone:

a.

Cafeterias, cafes and restaurants are permitted by-right when accessory to a primary permitted use on the site. b.

Restaurants that are not an accessory use but are appropriate to and in conjunction with an industrial development are allowed with a use permit.

(Ord. No. 6363 § II(Exh. A), 12-14-2021; Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-26-150. - Vehicle/boat sales and rentals. A.

Definition. Sale and rental of automobiles, light trucks, recreational vehicles, campers, boats, motorcycles, and similar vehicles. B. Standards. 1. C2 and LC zone: Use permit required. Automobile sales only.

(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021) Article 28. - Service Use Standards.[[13]] Footnotes: --- ( 13 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 28, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 28 pertained to CO Administrative and Professional Office District. See Ordinance List and Disposition Table for a detailed history of derivation. Sec. 26-28-010. - Purpose of article.

This article provides standards for specific service-based land uses in all zones. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-28-020. - Adult entertainment establishment. A.

Definition.

Adult entertainment establishment. An "adult entertainment establishment" is any place of business at which one (1) or more of the following activities is conducted:

1.

Adult bookstore means an establishment that devotes more than fifty percent (50%) of the total display, shelf, rack, table, stand or floor area utilized for the display of books and periodicals to the display and sale of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

c.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifty percent (50%) of the total floor area of the establishment to the sale of books and periodicals.

2.

Adult motion picture theater means an establishment, whether open or closed, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

3.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis for depicting or describing specified sexual activities or specified anatomical areas. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing on more than fifty percent (50%) of the operating time.

4.

Adult cabaret means a nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

5.

Adult theater means a theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.

6.

Massage establishment means:

a.

An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

b.

A massage establishment which provides only specialized massage services and is operated in accordance with the following provisions shall not be considered an adult entertainment establishment. The applicant shall submit proof of proficiency in the specialized field of practice. Proficiency may be established by proof of actual practice in the field of specialization for a period of three (3) years or completion of a course of instruction in the specialized field of practice at a school authorized to provide such instruction by the state of California. The period of practice shall be attested to, in writing, by no less than three (3) persons who meet the educational qualifications described in this paragraph or are members of a professional organization which is incorporated in the state of California which fosters or promotes the specialized field of practice.

Other businesses means any business not otherwise herein defined or identified which involves specified sexual activities or display of specified anatomical areas.

==> picture [530 x 694] intentionally omitted <==

----- Start of picture text -----
B.
Standards. See Section 26-88-010(f) (entertainment establishment).
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-28-030. - Banks and financial institutions.
A.
Definition. A financial institution providing retail banking services to walk-in customers and clients
1.
Includes: Federally-chartered banks, savings associations, industrial loan companies, credit unions payday lenders, and check cashing businesses.
2.
Excludes: Financial institutions that do not serve walk-in customers (see professional office).
B.
Standards.
1.
C1 and LC zones: 5,000 square feet maximum.
2.
Industrial zones: Must be appropriate to and in conjunction with a permitted industrial development.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-28-040. - Business support services.
A.
Definition. Facilities providing customers with maintenance, repair, testing, rental and other similar services.
1.
Includes: Copying and quick printing services; computer rental and repair; security guard services; janitorial services; household good rentals; security systems
services; soils and materials testing; electrical, plumbing and heating shops; business equipment and furniture rentals; moving and storage service companies
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-28-050. - Cemeteries.
A.
Definition. A place used for the interment of human or animal remains
1.
Includes: Burial parks, mausoleums, crematories, columbariums, and memorial gardens.
B.
Standards.
1.
Not permitted on property subject to a Williamson Act contract.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-28-060. - Commercial horse facilities and stables.
A.
Definition. Facilities for the boarding and/or training of horses not owned by the property owner or occupant of an on-site residence, related shows, group lessons
and clinics, and similar activities.
----- End of picture text -----

Includes: Commercial equestrian facilities, education or instruction facilities for horsemanship, riding academies, equestrian riding and driving clubs.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-070. - Commercial kennels.

A.

Definition. A commercial facility keeping five (5) or more dogs and/or five (5) or more cats over four (4) months of age.

Includes: Boarding, breeding, buying, selling, renting, exhibiting, and training.

Excludes: Veterinary clinics, pet shops, animal shelters.

B.

Standards.

LIA zone: Prohibited on land subject to a Williamson Act contract.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-080. - Day care center.

A.

Definition. A facility providing non-medical care and supervisions to minors for periods of less than 24 hours.

Includes: Infant centers, preschools, nursey schools, sick-child centers, and school-age day care facilities.

Excludes: Family day care homes.

B.

Standards.

May be operated in conjunction with a school or religious meeting facility, or as an independent land use.

Not permitted on property subject to a Williamson Act contract.

LEA, DA, RRD, AR, and RR zones: May occupy no more than fifty percent (50%) of the parcel or ten (10) acres, whichever is less.

LEA, DA, RRD, AR, and RR zones, the use must be consistent with general plan policy LU-6e.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-090. - Homeless shelter.

A.

Definition. A facility operated by a governmental agency, non-profit organization, or a religious facility, that provides temporary overnight shelter for homeless persons.

Homeless Shelter, Emergency. A facility providing temporary, short-term emergency housing for individuals or families. The length of stay is generally not more than thirty (30) days and is typically less. On-site services may be provided.

2.

Homeless Shelter, Small Scale. A residential or mixed-use structure which provides temporary for up to ten (10) persons, and may include support services for the residents.

B.

Standards. 1. Emergency and Small-Scale Homeless Shelters. See Section 26-88-127 (homeless shelters) (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-28-100. - Horse boarding. A. Definition. The keeping and training of horses not owned by the property owner or occupant. 1. Excludes: Group lessons and clinics, shows, and similar related activities. B. Permits. 1. Zoning Permit required in AR, DA, LEA, LIA, and RRD. C. Standards. 1. May include private lessons (one (1) trainer/one (1) student). 2. AR zone: Five (5) horses maximum. 3. Must be consistent with objective AR-4.1 and policy AR-4a of the agricultural resources element. 4. On a parcel under a Williamson Act contract, use must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations. D. Exclusions. 1. Shall not include group lessons 2. Group clinics 3. Shows or similar related activities (Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-28-110. - Lodging: Agricultural farmstay. A.

Definition. Transient lodging accommodations provided as part of an agricultural operation.

B.

Permits. Zoning permit required. C.

Standards. See Section 26-88-085 (agricultural farmstays). (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-28-120. - Lodging: Agricultural marketing accommodations.

A.

Definition. Overnight guest accommodations to promote agricultural products grown or processed on-site.

B.

Standards. See Section 26-88-086 (marketing accommodations).

C.

Findings. When approving agricultural marketing accommodations, the review authority must find the use consistent with general plan policy LU-6d and LU-6f.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-130. - Lodging: Bed and breakfast (B&B).

A.

Definition. A residential structure with one (1) household or person in permanent residence with bedrooms rented for transient lodging and where meals may be provided.

B.

Permits. Zoning Permit required. C. Standards.

See Section 26-88-118 (special use standards for hosted rentals and bed and breakfast inns)

Maximum five (5) guest bedroom, except that up to ten (10) bedrooms allowed in the C2 and K zones.

Design Review required. 4. C1 and LC zones: a.

Must be established and maintained in conjunction with an existing or proposed commercial use on the property.

b.

Periodic special events may be allowed only if authorized by the use permit.

c. Outdoor amplified sound is prohibited at all times. d.

May not use more than one (1) single-family dwelling on a property. e.

Accessory structures may not be used for transient occupancy.

C2 and K zones:

a.

Periodic special events may be allowed only if authorized by the use permit.

b.

Outdoor amplified sound allowed only if authorized by the use permit.

c.

May include the use of no more than one (1) single-family dwelling and one (1) accessory structure for transient occupancy. No more than two (2) of the ten (10) guest rooms may be located in an accessory structure.

d.

If an accessory structure is used for transient occupancy, the total floor area available for use by guests, including guest rooms and common areas, may not exceed six hundred forty (640) square feet. Internal doorway or passage between the area available for use by guests and any remaining area of the accessory structure is not allowed.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-140. - Lodging: Hosted rental.

A.

Definition. A residential structure with one (1) household or person in permanent residence with one (1) bedroom rented for transient lodging, where meals may be provided.

B.

Permits. Zoning permit required.

C.

Standards.

1.

See Section 26-88-118 (special use standards for hosted rentals and bed and breakfast inns)

Maximum one (1) guest bedroom.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-150. - Lodging: Hotel, motel, and resort.

A.

Definition. Facilities with six (6) or more guest rooms or suites rented to the general public for transient lodging of less than thirty (30) days.

1.

Includes: On-site ancillary restaurants, meeting facilities, personal and spa services, recreational facilities, accessory retail uses.

B.

Standards.

1.

K zone:

a.

Maximum two hundred (200) rooms in urban service areas.

b.

Maximum one hundred (100) rooms in rural areas serviced by public sewer.

c.

Maximum fifty (50) rooms in all other locations.

Industrial zones: Must be appropriate to and in conjunction with industrial development permitted in the zone.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-160. - Lodging: Vacation rental.

A.

Definition. Vacation rental means the tenancy of residential property for a term of thirty (30) days or less that is subject to transient occupancy tax.

Excludes: Hosted rentals and bed and breakfast inns.

B.

Permits. Zoning permit and vacation rental license (Chapter 4 Article VII) required.

C.

Standards.

Permit Term. A vacation rental permit automatically expires upon sale or transfer of the parcel.

a.

Allowable Structures. A vacation rental is only allowed in the following:

i.

A detached single family dwelling unit.

ii.

A detached single family dwelling unit together with its legally established guest house.

b.

Restricted Structures. A vacation rental is not allowed in the following:

i.

A structure subject to a recorded governmental restriction, including covenants or agreements for an affordable housing unit, agricultural employee unit, farmworker housing, or a farm family dwelling.

ii.

A structure on a parcel under a Land Conservation (Williamson) Act contract.

iii.

A timeshare.

iv.

Any dwelling unit on a lot created pursuant to Government Code § 66411.7 or local ordinance adopted to implement Government Code § 66411.7.

v.

Any dwelling unit created pursuant to Government Code § 65852.21 or local ordinance adopted to implement Government Code § 65852.21.

vi.

An accessory dwelling unit or junior accessory dwelling unit.

c.

Maximum Occupancy. Maximum occupancy for a vacation rental is up to two (2) guests per bedroom, plus two (2) additional guests per property, up to a maximum of twelve (12) guests, not including children under three (3) years old.

d.

Wastewater Treatment Systems. If a vacation rental is on a conditional or non-standard septic system, or a septic system with capacity limited by a voluntary repair, the maximum occupancy is calculated using the number of bedrooms the septic system is designed to serve. Where no record exists showing size and capacity of the septic system, maximum occupancy is limited to four (4) guests, not including children under three (3) years old.

e.

One Vacation Rental per Parcel. Only one (1) vacation rental is allowed per parcel.

f.

Parking.

i.

Parking spaces must be provided as follows:

Number of bedrooms in the vacation rental Number of required parking spaces
1 or 2 1
3 or 4 2
5+ 3

ii.

Required parking spaces must be provided on-site, except that one (1) required parking space may be provided on-street.

iii.

Where there is no on-site parking the maximum occupancy is limited to 4 guests, not including children under three (3) years old.

iv.

An on-site parking space must be at least nine (9) feet by twenty (20) feet.

v.

On-street parking must conform to the Sonoma County Parking Regulations and the California Vehicle Code.

vi.

A vacation rental permit cannot be issued where there is no on-site parking or on-street parking within five hundred (500) feet of the parcel.

(Ord. No. 6386, § V(Exh. A), 8-2-2022)

Editor's note— Ord. No. 6386, § V(Exh. A), adopted Aug. 2, 2022, repealed the former § 26-28-160 and enacted a new section as set out herein. The former § 2628-160 pertained to similar subject matter and derived from Ord. No. 6335, § III(Exh. A), adopted Feb. 9, 2021.

Sec. 26-28-165. - Lodging: timeshares.

A.

Definition. Any accommodation, or portion thereof, used pursuant to a timeshare plan.

1.

Accommodation, as used in the definition of timeshares, is any residential dwelling unit, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities.

2.

Person, for the purposes of this section, is a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof.

3.

Timeshare plan, as used in the definition of timeshares, is any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser receives the right to exclusive use of an accommodation(s) or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one (1) year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to the accommodation(s), or portion thereof, are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in the accommodation(s), and regardless of whether they are coupled with an estate in real property such as a freehold interest or an estate for years in the property subject to the time-share plan.

4.

Timeshare interest, as used in the definition of timeshares, is the right to exclusively occupy an accommodation for a period of time on a recurring basis pursuant to a timeshare plan, whether or not coupled with an estate in real property.

Timeshare use means the use of one (1) or more accommodations or any part thereof, pursuant to a timeshare plan.

B.

Permits. A use permit is required.

C.

Standards.

Only permitted on parcels within the VR combining district.

Vacation rentals are prohibited in timeshares.

(Ord. No. 6424, § IV(Exh. C), 4-24-2023)

Sec. 26-28-170. - Maintenance and repair service, non-vehicular.

A.

Definition. A business that provides repair and/or maintenance services for appliances, computers, electronics, and other types of non-vehicular-related equipment that is brought to the facility by customers, or picked-up by the business from the client site.

Includes: Only maintenance and repair businesses that do not operate on the same site as a retail establishment which sells the products being maintained or repaired. When maintenance and repair services operate from a retail establishment that sells the products being maintained or repaired, these services are instead considered part of the retail use.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-180. - Medical services: Hospitals.

A.

Definition. Facilities providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis.

Includes: ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors; emergency heliports.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-190. - Medical services: offices and outpatient care.

A.

Definition. A facility other than a hospital where medical, mental health, surgical, and other personal health services are provided on an outpatient basis.

Includes: Offices for physicians; dentists; optometrists; diagnostic centers; out-patient care facilities; urgent care facilities; medical laboratories (e.g., blood and tissue testing, x-rays).

Excludes: Hospitals, medical research and development establishments, counseling services not provided by a medical doctor.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-200. - Personal services.

A.

Definition. Facilities providing non-medical services to individuals as a primary use.

1.

Includes: Barber and beauty shops; clothing rental; dry cleaning stores; laundromats (self-service laundries; massage (licensed and therapeutic); shoe repair shops; tailors; tanning salons.

B.

Standards.

C1, LC: Only personal service establishments which perform services on the premises for persons residing in adjacent residential areas

K: Only personal service establishments intended primarily for travelers.

C1, LC, K: All retail sales and services uses shall be conducted entirely within an enclosed structure.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-210. - Professional office.

A.

Definition. A place of employment occupied by businesses or public agencies providing professional, executive, management, or administrative services.

1.

Includes: Offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, non-retail financial institutions, real estate agents, news services, photographers, engineers, and other similar professions; includes offices for government agencies. 2.

Excludes: Heavy government services, public safety facilities.

B.

Standards.

1.

LC zone: Must provide services for persons residing in nearby residential areas.

K zone:

a.

Must be within an urban service area.

b.

Must primarily serve tourist commercial and recreational needs.

MP zone: Must be compatible with uses permitted in the zone.

M3 zone: Must be incidental to a permitted use.

PF zone:

a.

On-site administrative office incidental to a permitted use allowed by-right.

b.

Other office uses limited to government offices and require a Use Permit.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-220. - Vehicle maintenance/repair.

A.

Definition. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, trailers, recreational vehicles, boats, and other vehicles.

1.

Includes: Collision repair, body work, painting/coating services, tire recapping, muffler and radiator shops, quick-lube services, tire and battery sales and installation, car washes and detailing, incidental wholesale and retail sale of vehicle parts as an accessory use

2.

Excludes: Automobile parking; repair shops that are part of a vehicle dealership on the same site; fuel stations; dismantling yards; repair of farm equipment.

B.

Standards.

Industrial zones:

a.

All work must be conducted inside and enclosed structure.

b.

All storage of materials, junk or non-operable vehicles must be screened.

c.

Vehicles may not be parked outside overnight.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-28-230. - Veterinary clinic.

A.

Definition. Office and indoor facilities providing medical treatment to animals.

Includes: Large and small animal veterinary clinics, animal hospitals, incidental retail sales of pharmaceuticals for the health care of the animals, kenneling of animals onsite.

B.

Standards.

RRD and AR zones: Treatment for farm animals and livestock only, not for companion and exotic animals.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 30. - Transportation, Energy and Public Facilities Use Standards.[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 30, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 30 pertained to C1 Neighborhood Commercial District. See Ordinance List and Disposition Table for a detailed history of derivation.

Sec. 26-30-010. - Purpose of article.

This article provides standards for specific transportation, energy, public facilities and infrastructure uses in all zones.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-30-020. - Airfields and landing strips: Agricultural, resource or personal landing strip.

A.

Definition. A landing strip or heliport for agricultural crop dusting, allowed forestry, or personal use of the tenant or owner of the site.

B.

Standards.

LEA, DA, and RRD zones:

a.

On land subject to a Williamson Act contract, limited to private landing strips necessary for aircraft dedicated to aerial spraying and other agricultural purposes.

b.

Facilities for private passenger aircraft for personal convenience and transportation are not allowed.

TP zone: allowed only when incidental to permitted forestry and recreational related uses. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-30-030. - Airfields and landing strips: Restricted use airfield.

A.

Definition. A landing strip or heliport with no more than ten (10) based aircraft for exclusive use by a specific property, business, institution, or other defined entity. B.

Standards.

C3 and industrial zones: heliports only. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-30-040. - Dispatch facility. A.

Definition. A base facility from which service vehicles are dispatched.

Includes: Taxis and limousine dispatch, facilities where private ambulance vehicles and crews stand by for emergency calls. 2. Excludes: Public safety facilities. B. Standards. No unique use-specific standards. (Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-30-050. - Low temperature geothermal resource development. A.

Definition. Exploration and development of low temperature geothermal resources for other than power development purposes B. Standards. No unique use-specific standards. C.

Findings. To approve use permit, the review authority must find the proposed use to be compatible with surrounding land uses.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-30-060. - Marinas.

A.

Definition. A recreation-oriented small craft harbor.

Includes: Yacht clubs; fueling docks; Mooring, launching, boat storage facilities; incidental boat storage sales.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-30-070. - Oil and gas exploration and extraction.

A.

Definition. Resource extraction facilities primarily engaged in producing crude petroleum and natural gas, recovering oil from oil sands and shales, and producing natural gasoline and cycle condensate.

1.

Includes: Exploration, drilling, oil and gas well operation and maintenance, operation of natural gas and cycle plants, the mining and extraction of oil from oil sands and shales, on-site processing only to the extent necessary to permit extraction, or to conform extracted crude to pipeline requirements.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-30-080. - Parking facilities.

A.

Definition. Parking lots or structures operated by a public or a private entity providing parking for a fee.

Excludes: Parking lots accessory to an allowed use; towing, impound, and storage facilities.

B.

Standards. No use specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021) Sec. 26-30-090. - Public safety facilities.

A.

Definition. Facilities operated by public agencies that provide public safety services.

Includes: Fire stations; police and sheriff stations; related civic buildings; facilities may include kitchens; sleeping accommodations; areas for equipment maintenance; and ambulance dispatch facilities on the same site.

B.

Standards.

Prohibited on property subject to a Williamson Act contract.

The County will review proposals for new transmission lines or acquisition of easements for new transmission lines serving a Public Safety Facility for consistency with general plan policy PF-2t.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-30-100. - Public utility facilities.

A.

Definition. A permanent structure or facility providing a utility service to the general public.

Includes: Electricity generating plants; electric substations; solid waste collection, treatment and disposal; water reservoirs, storage, and pumping stations; water or wastewater treatment plants, and similar facilities.

==> picture [528 x 515] intentionally omitted <==

----- Start of picture text -----
2.
Excludes: electrical distribution lines, underground water/sewer lines, and telecommunication facilities.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-30-110. - Renewable energy facilities.
A.
Definition. Renewable energy systems, including but not limited to wind, bioenergy, solar, low-temperature geothermal heating systems, geothermal heat pump
systems, and fuel cells and combinations thereof.
B.
Permits.
1.
See Section 26-88-200.
2.
In addition to permit requirements in Section 26-88-200 and special use standards in Section 26-88-208, a use permit is required for small wind energy systems
located:
a.
Within an urban service area; or
b.
Within 2,500 feet of an urban service area.
C.
Standards. See Sections 26-88-200, 26-88-202, 26-88-206, and 26-88-208.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Sec. 26-30-120. - Telecommunications facilities.
A.
Definitions. See Section 26-02-140 (Definitions).
B.
Commercial and Noncommercial Facilities. All commercial and noncommercial telecommunication facilities must comply with the standards in Section 26-88-130
(telecommunication facilities). The county will review and act on telecommunication facilities consistent with state and federal law. In case of conflict between this
section and higher law, higher law governs.
C.
Commercial Facilities.
1.
----- End of picture text -----

Required Permits. Table 30-1 shows permits required for commercial telecommunication facilities. "ZP" indicates that a zoning permit is required pursuant to Section 26-30-120.E.

Table 30-1:Required Permits for Commercial Telecommunication Facilities

Type of Facilities LIA, LEA, DA,
RRD, TP, AR,
RR
Zones
R1, R2, R3
Zones
CO, C1
Zones
C2, C3, LC,
CR, AS, K
Zones
MP, M1, M2,
M3
Zones
PC
Zones
Attached P P P P P P
Minor Freestanding ZP ZP P P P ZP
--- --- --- --- --- --- ---
Intermediate Freestanding
Less than 50 feet C C P P P
50 to 80 feet C C C C P
More than 80 feet C C C C C
Major Freestanding C C C

2.

PF Zone.

a.

Attached facilities are permitted by-right in the PF zone.

b.

Freestanding facilities in the PF zone are allowed subject to the standards and requirements in the base district which is predominant in the area outside of the boundary of the PF zone and in closest proximity to the proposed facility.

D.

Noncommercial Telecommunication Facilities. Table 30-2 shows permits required for noncommercial telecommunication facilities.

Table 30-2:Required Permits for Noncommercial Telecommunication Facilities

Facility Height Agricultural and Resource-Based, Residential, and
PC Zones
Commercial, Industrial, and PF Zones
Less than 40 ft. P P
40 ft. to 80 ft. ZP P
More than 80 ft. C C

E.

Permits for Telecommunication Facilities.

1.

Public Notice. Public notice of a zoning permit application for a telecommunication facility must be mailed to adjacent property owners and posted on the property at least ten (10) days prior to application approval. The notice must describe the facility, include a site plan and one (1) elevation with dimensions of the facility, and state that the department will approve the zoning permit provided that no appeal pursuant to Section 26-92-040 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 section. Public notice of a use permit application shall be provided in accordance with Art. 92 and state law.

2.

Environmental Review. Commercial telecommunication facilities that require discretionary review also require environmental review under the California Environmental Quality Act (CEQA).

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Sec. 26-30-130. - Truck/bus/freight terminal.

A.

Definition. Transportation facilities furnishing services incidental to air, motor freight, and rail transportation with parking or storage of two (2) or more trucks, vehicles, or equipment other than private automobiles or farm equipment.

1.

Includes: Freight, forwarding services, freight terminal facilities, joint terminal and service facilities, packing, crating, inspection and weighing services, postal service bulk mailing distribution centers, transportation arrangement services, trucking facilities including transfer and storage, repair services for trucks using the facility.

B.

Standards. No unique use-specific standards.

(Ord. No. 6335, § III(Exh. A), 2-9-2021)

Article 54. - S Study District.

Sec. 26-54-005. - Purpose.

Purpose: to permit the conduct of studies and hearings by the planning commission and board of supervisors of the county with a view to the adoption of a zoning ordinance, or amendment or addition thereto, by increasing control over uses during the period necessary for such studies and hearings in order to prevent the establishment of uses which will not be in harmony with the ordinance which may be adopted at the conclusion of such studies and hearings. To that end, S district regulations shall be deemed to be combining in nature, supplementary and in addition to all other zoning regulations which may be applicable to lands when they are placed within an S district. At such time as such studies and hearings have been concluded by the adoption of the zoning ordinance contemplated at the time the S district classification became applicable to the land, such S district classification shall cease to be applicable to the lands embraced within the zoning change effected by the ordinance. Ordinances imposing S district provisions shall have no further force and effect after the expiration of the time limits imposed by Section 65858 of the Government Code of the state or any successor thereto (not more than two (2) years).

(Ord. No. 4643, 1993.)

Sec. 26-54-010. - Permitted uses.

The following uses shall be permitted in an S district without obtaining a use permit, unless the ordinance imposing the S district classification specifically provides otherwise:

(a)

The erection, construction, moving, alteration or use of one (1) single-family dwelling per lot;

(b)

Home occupations;

(c)

Accessory buildings and uses clearly incidental to any permitted residential use;

(d)

All agricultural uses permitted in Section 26-18-010 (RR district) and which are also permitted in the base district with which this district is combined;

(e)

Agricultural accessory buildings and uses clearly accessory or incidental to any permitted agricultural use, such as barns, stables and other farm outbuildings.

(Ord. No. 4643, 1993.)

Sec. 26-54-020. - Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

The erection, construction, moving or alteration of any building or structure for any use other than those listed in Section 26-54-010;

(b)

The use of any land or existing building or structure for any use allowed in the applicable base district other than those listed in Section 26-54-010.

(Ord. No. 4643, 1993.)

Article 56. - F1 Floodway Combining District.

Sec. 26-56-005. - Purpose.

Purpose: to provide land use regulations for properties situated in floodways, to safeguard against the effects of bank erosion, channel shifts, increased runoff or other threats to life and property and to implement the provisions of the general plan public safety element. The application of this district shall be based upon data from the Federal Emergency Management Agency. Additional more detailed engineering analysis of flooding, erosion or other conditions may be necessary so as to prevent property damage and safeguard the health, safety and general welfare of people.

(Ord. No. 4643, 1993.)

Sec. 26-56-010. - Location and boundaries.

(a)

The F1 district shall be applied to properties which lie within the floodway as shown on the most recent FEMA maps and accompanying report. The boundaries of the floodway as indicated on the zoning maps should be considered approximate.

(b)

The provisions of this article may be waived by the decision-making body where it is demonstrated through engineering analysis, field determinations or other appropriate data, that the precise floodway boundary differs from that shown on the FEMA maps, and provided further, that FEMA approval and sign-off is first secured. No use shall be approved within the floodway that will significantly increase the flood hazard or significantly affect the carrying or storage capacity of the floodway.

(Ord. No. 4643, 1993.)

Sec. 26-56-020. - Uses within floodway.

All uses allowed within the base district with which this district is combined shall be permitted subject to the provisions of Section 26-56-030, except that no new permanent structure nor structure intended for human occupancy shall be permitted within the floodway.

(Ord. No. 4643, 1993.)

Sec. 26-56-030. - Development standards for floodways.

The decision-making body shall be guided by the following standards in administering the FW district:

(a)

The placement and type of materials used in bank stabilization shall be complementary to surrounding development and natural conditions and shall not be depreciative of surrounding property values.

(b)

Where, in the opinion of the planning director or other decision-making body, topographic data, engineering studies or other studies are needed to determine the effects of bank erosion on a proposed structure or the effect of the structure, including bank stabilization activities, on the floodway and natural vegetation, the applicant may be required to submit such data.

(c)

Within the Laguna de Santa Rosa, a "zero net fill" policy shall be enforced whereby no fill shall be permitted to be placed in the Laguna unless an engineering analysis demonstrates that no reduction in flood storage capacity would result from the placement of fill. For purposes of this article, the "Laguna" shall be defined as the Laguna de Santa Rosa and tributaries thereto which are within designated floodways on the most recent FEMA maps.

(d)

Temporary structures such as floating docks and moorage facilities may require issuance of a use permit.

(e)

Except as specifically allowed in this article, no building or structure shall be constructed, erected, moved, converted, altered or enlarged in the floodway, nor shall any other condition be allowed which would tend to cause significant stream channel alteration or adversely affect the carrying or storage capacity of a floodway, or otherwise constitute a threat to life and property. Ordinary maintenance and repair of existing nonconforming structures shall be permitted subject to the provisions of Article 94.

(Ord. No. 4643, 1993.)

Article 58. - F2 Floodplain Combining District.

Sec. 26-58-005. - Purpose.

Purpose: to provide for the protection from hazards and damage which may result from flood waters. This district shall be combined with other districts as provided in this chapter.

(Ord. No. 4643, 1993.)

Sec. 26-58-010. - Location and boundaries.

The F2 district shall be applied to properties which lie within the one hundred (100) year flood hazard area as shown on the most recent FEMA maps and accompanying report. The boundaries of the one hundred (100) year floodplain as indicated on the zoning maps should be considered approximate. The provisions of this article may be waived by the decision making body where it is demonstrated through engineering analysis, field determinations or other appropriate data, that the precise one hundred (100) year floodplain boundary differs from that shown on the FEMA maps, and provided further, that FEMA approval and sign-off is first secured.

(Ord. No. 4643, 1993.)

Sec. 26-58-020. - Uses within floodplain.

All uses allowed within the base district with which this district is combined shall be permitted subject to the provisions of Section 26-58-030.

(Ord. No. 4643, 1993.)

Sec. 26-58-030. - Development standards.

The decision-making body shall be guided by the following standards, the purpose of which is to prevent the encroachment of flood waters on adjacent properties as well as preventing undue increase in flood heights and danger to life and property within this district and adjoining districts:

(a)

Any structure permitted shall be constructed in accordance with the provisions of Chapter 7B of the Sonoma County Code.

(b)

Where, in the opinion of the planning director, or other decision-making body, topographic data, engineering studies or other studies are needed to determine the effects of flooding on a proposed structure, or the effect of the structure on the floodway, the applicant may be required to submit such data or studies prepared by competent engineers or other technicians.

(c)

In combining the F2 district with one or more other zoning districts, new residential, commercial and industrial structures will be permitted, if designed, constructed and utilized so that appreciable damage will not occur from the selected flood and provided that such structures comply with the flood protection regulations established in Chapter 7B of the Sonoma County Code. On parcels not being subdivided nor involving more than a one (1) acre development site, the Sonoma County water agency will assist applicants for building permits in locating the flood profile levels. Subdivisions will be allowed, provided that all of the area to be subdivided is filled to the elevation of the selected flood profile level prior to platting.

(d)

Within the Laguna de Santa Rosa, a "zero net fill" policy shall be enforced whereby no fill should be placed in the Laguna unless an engineering analysis demonstrates that no reduction in flood storage capacity would result from the placement of fill. For purposes of this article, the "Laguna" shall be defined as the Laguna de Santa Rosa and tributaries thereto which are designated as AE on the most recent FEMA maps.

(Ord. No. 4643, 1993.)

Article 59. - AH Affordable Housing Combining District.[[26]]

Footnotes:

--- ( 26 ) ---

Editor's note— Ord. No. 6247, § II(Exh. E), adopted Oct. 23, 2018, repealed the former Art. 59, §§ 26-59-005—26-59-020, and enacted a new article as set out herein. The former Art. 59 pertained to similar subject matter and derived from Ord. No. 5799 § 2, adopted in 2008.

Sec. 26-59-005. - Purpose.

Purpose: to implement policies and programs of the Sonoma County Housing Element by providing for the use of under-utilized commercial or industrial , or residential lands within the county's urban service areas to increase the supply of rental housing affordable to lower-income residents. Vacation rental or transient occupancy uses are not allowed.

(Ord. No. 6247, § II(Exh. E), 10-23, 2018)

Sec. 26-59-010. - Permitted uses.

Permitted uses include the permitted uses of the underlying base zone, as well as the following:

(a)

Projects consisting entirely of dwelling units affordable to households with incomes in the extremely low, very low and low income categories on permanent foundations with residential densities between sixteen (16) and twenty-four (24) dwelling units per acre;

(b)

Home occupations;

(c)

Accessory buildings and uses appurtenant to the primary use; and

(d)

Small family day care.

(Ord. No. 6247, § II(Exh. E), 10-23, 2018)

Sec. 26-59-020. - Residential density, building intensity and development criteria.

(a)

Multi-family residential projects shall meet the design and development criteria in Section 26-18-030 (R3 - High Density Residential).

(b)

Affordable Housing Agreement. All units shall be affordable to low, very low and extremely low income households, and shall be subject to the terms of an affordable housing agreement pursuant to Article 89.

(c)

Design Review. Design review shall be required in the manner provided in Article 82.

(Ord. No. 6247, § II(Exh. E), 10-23, 2018)

Article 60. - RE Renewable Energy Combining Zone.

Sec. 26-60-005. - Purpose.

To identify, designate and protect areas suitable for the development of large scale renewable energy facilities based on the availability of renewable resources, the location of existing or proposed infrastructure, and the potential for renewable energy facilities to be appropriately sited and to effectively mitigate potential significant impacts.

(Ord. No. 6046, § II(b), Exh. A, 9-10-2013)

Sec. 26-60-010. - Applicability.

The RE combining zone may be applied only within the following base zones:

LEA (Land Extensive Agriculture)
DA (Diverse Agriculture)
RRD (Resources and Rural Development)
TP (Timber Production)
C3 (General Commercial)
M2 (Heavy Industrial)
PF (Public Facilities)

The uses allowed and standards required in the RE combining zone shall be in addition to those of the base zone.

(Ord. No. 6046, § II(b), Exh. A, 9-10-2013)

Sec. 26-60-020. - Criteria for designation.

The RE combining zone may be applied only to property meeting all of the following designation criteria:

(1)

The RE combining zone may not be combined with the Land Intensive Agriculture Zone (LIA).

(2)

The RE combining zone may not be combined with any residential zone including R1, R2, R3, RR, AR or PC, nor may it be applied within 300 feet of these zones.

(3)

The RE combining zone shall not be placed on any property under Williamson Act contract or within an open space or conservation easement unless renewable energy power generation facilities are specifically allowed under the Agricultural Preserve or Open Space District Rules, contract and/or easement.

(4)

The RE combining zone shall not be placed within the approach zone (outer or inner safety zones) or the inner turning zones for any public use airport.

(5)

The RE combining zone shall exclude areas within the General Plan, Area Plan or Specific Plan designated as Biotic, Historic or Scenic Resources including the Biotic Resource (BR), Scenic Resources (SR), or Historic District (HD) combining zones, unless a protective easement is provided to ensure protection of the resources. The RE Combining Zone shall also exclude areas mapped as state designated Important Farmland unless a protective easement is placed over these farmlands.

(6)

An RE combining zone shall not be applied within 300 feet of an urban service area for a city or unincorporated community, except that RE combining zone may be applied to public facility, industrial, and commercially zoned properties regardless of location within or outside of urban service areas.

(Ord. No. 6046, § II(b), Exh. A, 9-10-2013)

Sec. 26-60-030. - Permitted uses.

All uses allowed as permitted uses by the underlying primary zone with which the RE combining zone is combined shall be permitted in the RE combining zone in compliance with the provisions and standards of the primary zone.

In addition to the uses allowed by the underlying primary zone, the following renewable energy facilities shall be allowed as a permitted use, subject to a zoning permit and the site planning and development standards of Section 26.88.200.

(1)

Exploratory wells for either low temperature or steam geothermal development.

(2)

Wind anemometers.

(3)

Accessory bioenergy and related cogeneration facilities using off-site feedstocks for onsite energy demands, subject to the standards of Section 26.88.202;

(4)

Commercial low temperature geothermal facilities for heat and power, subject to the standards of Section 26.88.204;

(5)

Accessory wind electric generation facilities on parcels over 5 acres with towers not exceeding 100 feet, subject to the standards in Section 26-88-208.

(6)

Cogeneration and similar technologies resulting in a net reduction in carbon output.

(Ord. No. 6046, § II(b), Exh. A, 9-10-2013)

Sec. 26-60-040. - Uses permitted with a use permit.

In addition to the uses permitted with a use permit by the underlying base zone, the following renewable energy facilities may be permitted subject to granting of a use permit and compliance with the site planning and development standards of Section 26.88.200, unless otherwise exempted by state or federal law.

(1)

Commercial bioenergy production facilities and related cogeneration facilities, subject to the standards in Section 26.88.202;

(2)

Steam geothermal or solar thermal electric power facilities less than 50 MW, subject to the standards in Section 26.88.204;

(3)

Commercial solar photovoltaic facilities, subject to the standards of Section 26.88.206;

(4)

Commercial wind electric generation facilities, subject to the standards in Section 26.88.208;

(5)

Transmission lines, pipelines, substations and similar facilities associated with a renewable energy facility;

(6)

Other hybrid or emerging renewable energy technologies which in the opinion of the director are of a similar and compatible nature to those uses described in this section.

(Ord. No. 6046, § II(b), Exh. A, 9-10-2013)

Article 63. - LG Local Guidelines Combining District.

Sec. 26-63-005. - Purpose.

The purpose of the LG combining zone is to identify parcels subject to compliance with Article 90 (Local Area Guidelines and Standards).

(Ord. No. 6057, § III(b), Exh. B, 2-4-2014)

Sec. 26-63-010. - Applicability.

The LG combining zone is applied concurrently to properties where Local Area Guidelines and Standards have been established by the Board.

(Ord. No. 6057, § III(b), Exh. B, 2-4-2014)

Sec. 26-63-020. - Allowed land use and permit requirements.

All uses allowed within the base zone shall be allowed subject to compliance with the requirements of Article 90 (Local Area Guidelines and Standards) and all other applicable Code requirements.

(Ord. No. 6057, § III(b), Exh. B, 2-4-2014)

Sec. 26-63-030. - Local area development guidelines combining zones established.

When Article 90 (Local Area Guidelines and Standards) establishes a new Local Area Development Guideline, the parcels within the boundary shall be added to the LG combing zone with an appropriate suffix to indicate the specific area. The following specific LG combining zone subareas have been established and are included within the Zoning Database:

(1)

Canon Manor West (LG/CMW), Section 26-90-050.

(2)

Glen Ellen Subareas 1 and 2 (LG/GE1)(LG/GE2), Section 26-90-060.

(3)

Highway 116 Scenic Corridor (LG/116), Section 26-90-070.

(4)

Penngrove Main Street (LG/PNG), Section 26-90-080.

(5)

Russian River Corridor (LG/RRC), Section 26-90-90.

(6)

Russian River Corridor & Highway 116 (LG/RRC116) Sections 26-90-070 and 26-90-090.

(7)

Sebastopol Road Urban Vision Plan (LG/SRV), Section 26-90-100.

(8)

The Springs Highway 12 Corridor (LG/SPR), Section 26-90-110.

(9)

Taylor/Sonoma/Mayacamas Mountains (LG/MTN), Section 26-90-120.

(10)

Lance Drive (LG/LAN), Section 26-90-130.

(Ord. No. 6458, § XII, 12-5-2023; Ord. No. 6057, § III(b), Exh. B, 2-4-2014)

Article 64. - SR Scenic Resources Combining District.

Sec. 26-64-005. - Purpose.

Purpose: to preserve the visual character and scenic resources of lands in the county and to implement the provisions of Sections 2.1, 2.2 and 2.3 of the general plan open space element.

(Ord. No. 4643, 1993.)

Sec. 26-64-010. - Development criteria.

Maximum building heights, minimum lot areas and lot widths, yard requirements and maximum percentages of lot coverage shall comply with the requirements for the districts with which the SR regulations are combined unless otherwise provided herein.

(Ord. No. 4643, 1993.)

Sec. 26-64-020. - Community separators and scenic landscape units.

(a)

All structures, except certain telecommunications facilities as provided for in Section 26-64-040, located within community separators and scenic landscape units illustrated on Figures OS-5a through OS-5i, inclusive, of the general plan open space element and included within the SR district shall be subject to the following criteria:

(1)

Structures shall be sited below exposed ridgelines;

(2)

Structures shall use natural landforms and existing vegetation to screen them from view from public roads. On exposed sites, screening with native, fire resistant plants may be required;

(3)

Cuts and fills are discouraged, and where practical, driveways are screened from public view;

(4)

Utilities are placed underground where economically practical;

The above criteria shall not apply to agricultural accessory structures which do not require a use permit in the district with which this district is combined.

In the event that compliance with these standards would make a parcel unbuildable, structures shall be sited where minimum visual impacts would result.

(b)

In addition to the criteria listed in subsection (a) of this section, the following standards shall apply to subdivisions within community separators and scenic landscape units and included within the SR district unless otherwise provided herein:

(1)

Building envelopes shall be established for structures. Use of height limitations should be considered, if necessary to further mitigate visual impacts;

(2)

Clustering shall be used to reduce visual impact where consistent with the applicable base district;

(3)

Building sites and roadways shall be located to preserve trees and tree stands as provided in Section 26-88-040(m) of this chapter;

(4)

To the extent allowed by law, dedication of a permanent scenic or agricultural easement shall be required at the time of subdivision for projects in community separators. Consider requiring such easements in critical scenic landscape units pursuant to general plan Policy OS-2g.

(c)

Where development occurs on parcels located both within scenic landscape units and adjacent to scenic corridors, the more restrictive provisions set forth in this article shall apply.

(d)

Require development within community separators to be clustered and limited in scale and intensity.

(e)

Minor timberland conversions shall be allowed within community separators and scenic landscape units, subject to compliance with the requirements of this article and Section 2-88-140.

(f)

Certain single-family dwelling units and appurtenant structures within the area covered by the Taylor Mountain/Sonoma Mountain development guidelines shall be subject to Section 26-90-050, as specified therein. Where the provisions of this section conflict with the provisions of Section 26-90-050, the general plan, or any applicable area plan, the more restrictive provisions shall apply.

(Ord. No. 6252, § II(Exh. C), 12-4-2018; Ord. No. 5132 § 2, 1999: Ord. No. 4985 § 1(d), 1996; Ord. No. 4973 § 12(a), 1996; Ord. No. 4643, 1993.)

Sec. 26-64-030. - Scenic corridors.

The following provisions shall apply to properties along scenic corridors illustrated on Figures OS-5a through OS-5i, inclusive, of the general plan open space element unless otherwise provided herein:

(a)

All structures located within scenic corridors established outside of the urban service area boundaries shown on Figures LU-5a through LU-5i, inclusive, of the general plan land use element shall be subject to the setbacks of thirty percent (30%) of the depth of the lot to a maximum of two hundred feet (200′) from the centerline of the road. Development within the setback shall be prohibited with the following exceptions, where such uses are allowed by the base district with which this district is combined:

(1)

New barns and similar agricultural support structures which are added to existing farm complexes provided that such structures proposed within a state scenic highway or where local design review exists by community choice in an adopted specific or area plan are subject to design review;

(2)

New barns and similar agricultural support structures which do not require a use permit in this chapter; provided, however, that such structures proposed within a State Scenic Highway or where local design review exists by community choice in an adopted specific or area plan are subject to design review;

(3)

Maintenance, restoration, reconstruction or minor expansion of existing structures;

(4)

Certain telecommunication facilities as provided in Section 26-64-040;

(5)

Other new structures provided they are subject to design review and

(i)

They are associated with existing structures,

(ii)

There is no other reasonable location for the structure,

(iii)

The location within the setback is necessary for the use, or

(iv)

Existing vegetation and topography screen the use;

(6)

Compliance with the setback would render the parcel unbuildable;

(7)

Satellite dishes which are not visible from the roadway.

(b)

Where the scenic corridor setback provided for in Section 26-64-030(a), conflicts with the scenic corridor setback along Highway 12 established by Ordinance 1810, the latter shall apply.

(c)

A building setback of twenty feet (20′) shall be applied along the Highway 101 scenic corridor to properties which are within the urban service area boundaries shown on Figures LU-5b, -5c, -5e, -5g, and -5h of the general plan land use element, to be reserved for landscaping.

(d)

Where development occurs on parcels located both within scenic landscape units and adjacent to scenic corridors, the more restrictive provisions set forth in this article shall apply.

(e)

Building permits within the setback established in Section 26-64-030(a) along Bohemian Highway between Occidental and Freestone and Bodega Highway between Bodega and Freestone shall be referred to the county landmarks commission for review and recommendation.

(Ord. No. 4973 § 12(b), 1996; Ord. No. 4643, 1993.)

Sec. 26-64-040. - Telecommunication facilities in the SR district.

The following provisions shall apply to telecommunication facilities on properties in community separators, scenic landscape units, and scenic corridors as shown on Figures OS-5a through OS-5i, inclusive, of the general plan open space element.

Telecommunication facilities which are allowed by the applicable base district shall meet the provisions of said base district and the applicable standards of Section 26-64-020 or 26-64-030, except that:

(a)

An attached commercial telecommunication facility shall also be subject to design review approval.

(b)

A noncommercial telecommunication facility shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts to the extent feasible. While cuts and fills are discouraged, they should be considered if, on balance, they enhance the overall scenic quality of the designated scenic resource area.

(c)

A freestanding commercial telecommunication facility may be considered subject to the following additional criteria:

(1)

The facility shall be subject to approval of a use permit.

(2)

While cuts and fills are discouraged, they should be considered if they result in enhancement of the overall scenic quality of the designated scenic resource area.

(3)

An alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of Section 26-88-130(a)(3)(xiv).

(4)

A visual analysis, which may include photo montage, field mock up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility and its feasible alternatives. Consideration shall be given to views from public areas as well as from private residences, but shall focus on preservation of scenic resources. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(Ord. No. 4973 § 12(c), 1996.)

Sec. 26-64-050. - Design review approval.

(a)

All plans for land divisions or development projects shall be reviewed and approved, conditionally approved, or denied by the planning director on the basis of compliance with the provisions of this article. Where a use permit is required and following design review approval, development plans shall be reviewed and acted upon by the zoning administrator or planning commission, as applicable. Where a local citizen's committee has been recognized by the board of supervisors, development plans shall be submitted to such committee for review and advisory recommendation prior to action by the planning director.

(b)

For purposes of this section, "development project" means construction, alteration, or modification of a residential, commercial, or industrial structure or appurtenant structure, except as follows. Agricultural uses and structures, including agricultural employee housing, farmworker housing, and farm family dwellings, are exempt from design review under this section to the extent consistent with the agricultural resources and open space elements of the Sonoma County general plan or other sections of this chapter.

(c)

Nothing in this section is intended to trigger the requirements of the California Environmental Quality Act beyond what would exist in the absence of this section.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. 5132 § 3, 1999)

Article 65. - RC Riparian Corridor Combining Zone.

Sec. 26-65-005. - Purpose.

The RC combining zone is established to protect biotic resource communities, including critical habitat areas within and along riparian corridors, for their habitat and environmental value, and to implement the provisions of the General Plan Open Space and Resource Conservation and Water Resources Elements. These provisions are intended to protect and enhance riparian corridors and functions along designated streams, balancing the need for agricultural production, urban development, timber and mining operations, and other land uses with the preservation of riparian vegetation, protection of water resources, floodplain management, wildlife habitat and movement, stream shade, fisheries, water quality, channel stability, groundwater recharge, opportunities for recreation, education and aesthetic appreciation and other riparian functions and values.

(Ord. No. 6089, § I(d)(Exh. A), 11-24-2014)

Sec. 26-65-010. - Applicability.

The RC combining zone shall be applied to designated streams and include the stream bed and bank and an adjacent streamside conservation area on each side of the stream as measured from the top of the higher bank. The minimum streamside conservation area shall be shown in the zoning database followed by the minimum setback for agricultural cultivation (e.g., RC 100/50). Where the drip line of existing riparian trees with trunks located wholly or partially within the

streamside conservation area extends beyond the streamside conservation area boundary, as indicated in the zoning database, the boundary shall be increased to include the outer drip line of the riparian trees.

(Ord. No. 6089, § I(d)(Exh. A), 11-24-2014)

Sec. 26-65-020. - Determination of streamside conservation areas and setbacks for agricultural cultivation.

The streamside conservation area indicated in the zoning database is approximate to allow for a parcel-specific determination of the boundary based upon the location of the top of the higher bank and existing riparian vegetation. The streamside conservation area shall be determined by the director. The setback for agricultural cultivation indicated in the zoning database is also approximate to allow for a site-specific determination of the boundary based upon the location of the top of the higher bank, existing riparian vegetation, and, for upland areas of 50-foot riparian corridors, the slope and soil types of the planting area. The setback for agricultural cultivation shall be determined by the agricultural commissioner.

(Ord. No. 6089, § I(d)(Exh. A), 11-24-2014)

Sec. 26-65-030. - Prohibited uses and exceptions.

Except as allowed by Section 26-65-040, grading, vegetation removal, agricultural cultivation, structures, roads, utility lines, and parking lots shall be prohibited within any stream channel or streamside conservation area.

A.

An exception to this prohibition may be approved by the director with a zoning permit if:

1.

It makes a parcel unbuildable, provided vegetation removal is minimized;

2.

The use involves the minor expansion of an existing legally established structure in conformance with Article 94 where it is demonstrated that the expansion will be accomplished with minimum vegetation removal and protection of riparian functions;

3.

The use involves only the maintenance, restoration, or reconstruction of an existing legally established structure or use in conformance with Article 94; or

4.

The director determines that the affected area has no substantial value for riparian functions.

B.

An exception to this prohibition may be approved with a use permit if a conservation plan is adopted that provides for the appropriate protection of the biotic resources, water quality, floodplain management, bank stability, groundwater recharge, and other applicable riparian functions. Off-site mitigation will be considered only where on-site mitigation is infeasible or would provide superior ecological benefits, as determined by the director.

(Ord. No. 6089, § I(d)(Exh. A), 11-24-2014)

Sec. 26-65-040. - Allowed land uses, activities and permit requirements.

The following activities and uses may be allowed within a streamside conservation area, if allowed by the base zone and any combining zones, subject to any required permits and the standards specified in this section. These activities and uses shall also be conducted and maintained in compliance with any prohibitions, permits, approvals, or authorizations required by applicable resource agencies.

A.

Stream maintenance and restoration carried out or overseen by the Sonoma County Water Agency.

B.

Levee maintenance.

C.

Invasive plant removal, such as, but not limited to, Himalayan blackberry (Rubus armeniacus), giant reed (Arundo donax), salt cedar (Tamrix sp.), and star thistle (Centaurea solstitialis), not exceeding five (5) acres in disturbed area, principally involving hand labor and not using mechanized equipment.

D.

Streamside maintenance and small riparian habitat restoration not exceeding five (5) acres of disturbed area, principally involving hand labor and not using mechanized equipment, as described by State CEQA Guidelines Section 15333, subject to a zoning permit.

E.

Stream dams and stream-related water storage systems, subject to a zoning permit.

F.

Road and utility line crossings in compliance with county road construction standards and maintenance guidelines, subject to a zoning permit.

G.

Fencing and maintenance of existing outdoor activity areas, such as yards, gardens, and landscaped or natural vegetation, associated with a legally established structure or use and not involving further encroachment into existing riparian vegetation.

H.

The following agricultural activities, provided that they are conducted and maintained in compliance with agricultural best management practices developed or referenced by the agricultural commissioner, or defined in a farm or ranch water quality plan acceptable to the agricultural commissioner. The agricultural commissioner shall determine the applicable agricultural best management practices and shall enforce the provisions of this subsection.

1.

Grazing and similar agricultural production, not involving cultivation or structures. Livestock control fencing and watering facilities are allowed.

2.

Agricultural cultivation and related access roads, drainage, planting, seeding, fertilizing, weeding, tree trimming, irrigation, and harvesting that do not involve the removal of existing contiguous riparian vegetation within two hundred feet (200') of the top of the higher bank, and are located as follows:

a.

No closer than one hundred feet (100') from the top of the higher bank in the 200-foot riparian corridor for the Russian River;

b.

No closer than fifty feet (50') from the top of the higher bank in the 100-foot riparian corridors designated in the General Plan and the upland areas of the 50-foot riparian corridors; or

c.

No closer than twenty-five feet (25') from the top of the higher bank in all other riparian corridors.

3.

Replanting existing cropland and related access roads, drainage, planting, seeding, fertilizing, weeding, tree trimming, irrigation, and harvesting that are located closer to the top of the higher bank than specified in Subsection 26-65-040.H.2, provided that the existing cropland is under active cultivation and the footprint of the planting area is not increased within the applicable setback for agricultural cultivation.

4.

Filter strips, equipment turnarounds, grassy avenues, and fencing associated with agricultural cultivation that does not involve the removal of existing contiguous riparian vegetation within two hundred feet (200') of the top of the higher bank.

I.

Selective vegetation removal as part of an integrated pest management program administered by the agricultural commissioner.

J.

Wells in compliance with Sonoma County Code Chapter 25B (Water Wells).

K.

Fire fuel management in compliance with county fire safe standards, provided that no redwood trees are removed and vegetation removal is limited to the minimum required for fire safety purposes. New development located within one hundred feet (100') of any riparian corridor shall be allowed with a zoning permit only where there are no feasible alternative development locations that do not require vegetation removal for fire protection and fire resistive construction materials are used to avoid or minimize the need for vegetation removal in the riparian corridor.

L.

Bikeways, trails, and parks on publicly owned land or public use easements, or on private lands, subject to a zoning permit.

M.

Temporary seasonal gangway and floating dock of up to one hundred twenty square feet (120' sq.) with encapsulated floatation and grated deck, subject to a zoning permit.

N.

Timber operations conducted in compliance with an approved timber harvest plan.

O.

Tree removal, subject to a zoning permit, to protect life or property from the threat of harm posed by a dead, dying, diseased, or damaged tree likely to die within one (1) year of the date proposed for removal, or a tree at risk of falling when the structural instability cannot be remedied. A report by a certified arborist or registered professional forester documenting the hazardous condition and a tree replacement plan is required. Tree removal shall be conducted in such a manner as to protect the functions and values of the riparian corridor. No stumps shall be removed, unless the report concludes that retaining the stump poses a hazard, and that it can be removed without resulting in erosion or sedimentation in the riparian corridor.

P.

Mining operations, subject to a use permit for surface mining activities in compliance with the Chapter 26A (Surface Mining) of this code.

Q.

Other activities or uses not meeting the above criteria may be permitted with an exception under Section 26-65-030 (Prohibited Uses and Exceptions), subject to a use permit and approval of a conservation plan.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 6089, § I(d)(Exh. A), 11-24-2014)

Article 66. - BH Biotic Habitat Combining Zone.[[28]]

Footnotes:

--- ( 28 ) ---

Editor's note— Ord. No. 6089, § I(e)(Exh. B), adopted Nov. 24, 2014, amended the title of Article 66 to read as set out herein. The former Article 66 was titled "BR Biotic Resources Combining District."

Sec. 26-66-005. - Purpose.

The BH combining zone is established to protect and enhance Biotic Habitat Areas for their natural habitat and environmental values and to implement the provisions of the General Plan Open Space and Resource Conservation Element, Area Plans and Specific Plans. Protection of these areas helps to maintain the natural vegetation, support native plant and animal species, protect water quality and air quality, and preserve the quality of life, diversity and unique character of the County.

(Ord. No. 6089, § I(e)(Exh. B), 11-24-2014)

Sec. 26-66-010. - Applicability.

The BH combining zone is applied to the areas that are designated as Biotic Habitat Areas in the General Plan Open Space and Resource Conservation Element. The BH combining district may also be applied to other biotic resource areas that are identified in adopted area or specific plans. Where such plans require greater protection of biotic resources, the more restrictive standards shall apply. As biotic resources are assessed and new occurrences are reported, additional areas may be considered for BH zoning.

(Ord. No. 6089, § I(e)(Exh. B), 11-24-2014)

Sec. 26-66-020. - Standards for biotic habitats.

The following requirements shall apply to properties within the BH combining zone that are designated as Biotic Habitat Areas on Open Space Plan Maps, of the General Plan Open Space and Resource Conservation Element.

A.

Biotic resource assessment. A biotic resource assessment to develop mitigation measures may be required where the Director determines that a discretionary project could adversely impact a designated critical habitat area.

B.

Tentative map requirements. Each tentative map shall include building envelopes that avoid biotic habitat areas.

C.

Setback requirements. Each proposed structure shall be set back a minimum of fifty feet (50') from the edge of any wetland within a designated biotic habitat area, with the following exceptions:

1.

Existing farm structures are exempt and may be expanded or modified, provided that the expansion or modification shall not encroach further into any wetland; and

2.

The director may modify the setback if, after preparation of a biotic resource assessment, the director determines that either:

a.

Applying the setback makes an otherwise buildable parcel unbuildable; or

b.

The structure is a noncommercial agricultural structure and needs to be located adjacent to an existing farm complex for efficient farm operation.

(Ord. No. 6089, § I(e)(Exh. B), 11-24-2014)

Article 67. - OAK Oak Woodland Combining District and VOH Valley Oak Habitat Combining District.[[29]]

Footnotes:

--- ( 29 ) ---

Editor's note— Ord. No. 6469, § IV(Exh. A), adopted April 16, 2024, amended Art. 67 in its entirety to read as herein set out. Former Art. 67, §§ 26-67-005—2667-050, pertained to VOH Valley Oak Habitat Combining District and derived from Ord. No. 4991, § 1(h), adopted in 1996.

Sec. 26-67-010. - Purpose.

The purpose of this article is to advance the protection, preservation, and enhancement of oak trees and oak woodlands in Sonoma County for the benefit of present and future generations and to implement Sonoma County General Plan Policies OSRC-7l, related to oak woodlands, and OSRC-7m, related to valley oak habitat. This article achieves these purposes by prohibiting the removal of oaks within oak woodlands, with limited exceptions for certain listed land uses that the county has determined promote public, health, safety, and welfare, including uses related to hazard reduction or removal, conservation, agriculture, pest control, and residential maintenance. Where proposed valley oak or oak woodland removal is subject to a discretionary permit process, mitigation measures to address loss of trees would apply, such as measures to ensure no net loss of oak woodlands or, for the highest quality woodlands, would provide a unique public benefit equal to or greater than the value associated with removed oaks.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-020. - Applicability.

(1)

The provisions of this article shall be liberally construed to effectuate the purpose of this article. Where a provision of this article conflicts with another provision of this chapter or this code, the more restrictive provision shall prevail.

(2)

Location. This article applies to the entirety of each parcel that intersects the Valley Oak Habitat combining zone and the entirety of each parcel containing at least one-half (0.5) acre of the Oak Woodland combining district.

(3)

Prohibition. No person shall cause a woodland impact or type conversion of oak woodlands as defined herein, located wholly or partially within the unincorporated county unless expressly permitted by this chapter and where any applicable permit(s) are first secured, and requirements of this chapter are met. Compliance with this article does not alleviate the need to comply with other local, state, or federal rules or regulations which may also be applicable to tree removal.

(4)

VOH Combining District. Valley oak tree removal in the VOH combining district that does not meet the definition of woodland impact or type conversion remains subject to the provisions of this chapter that apply to the VOH combining district.

(5)

Other laws. Compliance with this chapter does not alleviate the need to comply with other local, state, or federal rules, or regulations which may also be applicable to tree removal, including but not limited to the California Professional Forester's Law (commencing at California Public Resources Code section 750). Oak tree removal that does not impact oak woodlands, or that is not otherwise subject to this chapter, may still be subject to other provisions of this code, or state or federal law.

(6)

Preemption. This article shall apply except to the extent preempted by state or federal law.

(7)

Utility Line Maintenance. Oak tree removal associated with maintenance, by a public utility company regulated by the California Public Utilities Commission, of existing public utility lines and related infrastructure that causes type conversion of oak woodland within the boundaries of an applicable utility easement, right of way, or other property interest held by the utility, is exempt from this article.

(8)

Timber Harvest. Tree removal authorized under a timber harvest plan or other harvesting permit issued by the California Department of Forestry and Fire Protection is exempt from this article.

(9)

By-right housing. By-right housing in an urban service area is exempt from this article.

(10)

Affordable Housing. Projects that are considered a "housing development project" for very low, low-, or moderate-income households, as defined in Government Code Section 65589.5 are not subject to this ordinance.

(11)

Forestry. Certain uses and activities regulated by this article may constitute "forestry" as defined in the professional forester's law (California Public Resources Code Sections 750-783). Where actions or requirements of this ordinance meet this definition, the applicable requirements in the professional forester's law shall apply in addition to this code. See subsection (5) of this section.

(12)

This section shall not be applied in a manner that would reduce allowable density lower than that permitted by applicable state laws or regulations or by other county ordinances, or that would render a property undevelopable or uninhabitable. The director may waive standards that are otherwise applicable to an application under this section upon findings that such waiver is necessary to comply with this subsection.

(13)

Determination of Woodland Boundaries. The designated Oak Woodland combining zone represents the approximate location of Oak Woodlands. Actual oak woodland boundaries, or existence thereof, shall be determined by a qualified professional or qualified county staff using on the ground observations and based on at least one and one-half (1.5) times the distance between trunk and outer extent of canopy of existing native oak trees.

Where oak woodland was present as of the 2013 VegMap data but native oak trees are no longer present due to factors such as wildfire, satellite imagery or other remote sensing data shall be used to approximate the historical dripline of trees to determine the area of historically occurring woodlands.

(14)

Determination of Oak Ecological Categories. Unless exempted by this article, all discretionary applications for conversion of oak woodland must identify and classify oak woodland habitat present on the parcel(s), including oak woodlands or portions thereof where removal is not proposed. To satisfy this requirement, an application must include a written report identifying oak woodland ecological categories as determined by a qualified professional, whose determination shall be based on the quality of the oak woodland and its ecological services, sensitivity to disturbance, rarity, and potential to be adequately compensated for by mitigation and consistent with the categories described below in subsection a. through c., and county guidelines maintained by the permit and resource management department. As an alternative and in lieu of submitting an oak woodland ecological categories report and determination by a qualified professional, an applicant may elect to have all oak woodland present on the parcel(s) treated as superior oak habitat, as described in subsection c. below. Notwithstanding this paragraph, where an oak woodland has been degraded or destroyed without prior authorization, the oak woodland shall be considered superior oak habitat, unless the applicant demonstrates by a preponderance of the evidence to the satisfaction of the department that it is more likely than not that a different category applies based on information including, but not limited to, adjacent vegetation, aerial photographs, vegetation maps, on-site inspections prior to disturbance, previous stand or plant community characterization, or other evidence.

Oak woodland ecological categories are described for purposes of this article as follows:

a.

Class III or limited quality Oak habitat category is an Oak Woodland type that is seriously degraded, marginally capable of supporting Oak woodlands, or has a reasonable potential for regaining the capability of supporting and maintaining a balanced, integrated, adaptive community having a species composition, diversity, and organization characteristic of that type of oak woodland. Limited quality oak habitat category has one (1) or more of the following characteristics:

i.

Minimal to fair wildlife functions, values, or ecological services;

ii.

Does not provide or may provide minimal habitat or critical habitat for threatened or endangered species or contain rare, threatened, or endangered species; or

iii.

May be typified by some, or all, of the following qualities: isolation, low species diversity, herbaceous cover without any native California grass or forb species; no significant habitat or wildlife use; or limited potential to achieve beneficial ecological services, e.g., water storage, carbon sequestration, or similar benefits.

b.

Class II or oak habitat category is an oak woodland type that is capable of supporting and maintaining a balanced, integrated, adaptive community having a species composition, diversity, and functional organization characteristic of that type of oak woodland. Oak habitat category has one (1) or more of the following characteristics:

i.

Moderate to good functions, values, or ecological services;

ii.

Stand(s) that include valley oak (quercus lobata), blue oak (quercus douglasii), Oregon oak (quercus garryana), or black oak (quercus kelloggii). Stands without these species may still qualify as class II if other qualifying characteristics are present.

iii.

Oak habitat that typically provides habitat for native plant or animal species but general without the presence of habitat or critical habitat for threatened or endangered species or contain rare, threatened, or endangered species; or

iv.

May be typified by some or all of the following: good connectivity, good species diversity, herbaceous cover usually with native California grass or forb species; moderate to significant habitat or wildlife use; or full potential to achieve beneficial ecological services.

c.

Class I or superior oak habitat category is an oak woodland type that is capable of supporting and maintaining a high quality balanced, integrated, and adaptive community having a species composition, diversity, and functional organization characteristic of the best examples of that type of oak woodland. Superior oak habitat have one (1) or more of the following characteristics:

i.

high to very high functions, values, or ecological services;

ii.

Species composition includes more than fifty percent (50%) valley oak (quercus lobata), blue oak (quercus douglasii), Oregon oak (quercus garryana), or black oak (quercus kelloggii). Stands without these species may still qualify as class 1 if other qualifying characteristics are present.

iii.

Provide high quality habitat for native plant or animal species and often with the presence of habitat or critical habitat for threatened or endangered species, or contain rare, threatened or endangered species; or

iv.

Typified by some, or all, of the following: high connectivity, high species diversity, herbaceous cover usually with thirty percent (30%) or more cover of native California grass or forb species; significant habitat or wildlife use; or high potential to achieve beneficial ecological services.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-030. - OAK summary of allowed and permitted uses.

Table 1 identifies the allowed uses and permit requirements for the OAK combining district. Note that all uses may be subject to additional standards as described in this section.

Key of symbols for Table 1:

E = Exempt use

ZP = Permitted use, subject to zoning permit

ZP* = Zoning permit may be required in certain circumstances

CUP = Conditional use, subject to conditional use permit

Table 1:

Allowed Uses in the OAK Combining District

Use Category Permit Level
Fire Risk Reduction E
Emergency Operations E
Hazardous, Dead, Dying, or Diseased Tree Removal E/ZP*
Stewardship or Resource Management Activities E
Forest Management Activities E
Property Maintenance E
Pest Control E
Agricultural Crop Maintenance E
Individual Tree Removal Outside OAK E
One Time Limited Conversion ZP
Other Uses not listed above that result in Woodland Impact or Type Conversion CUP

Sec. 26-67-040. - OAK uses exempt from oak woodland permit requirements.

Unless otherwise provided by this article, the following uses that could remove native oak trees are exempt from oak woodland permit requirements under this chapter, provided they do not result in type conversion of an oak woodland:

(1)

Health and Safety.

i.

Fire Risk Reduction. These activities include:

1.

Native oak tree removal that is no more than necessary to comply with fire safety laws and regulations, including tree removal required to comply with state or local defensible space requirements, including Sonoma County Code Chapter 13A. and California Public Resources Code Section 4291.

2.

Native oak tree removal that is no more than necessary to obtain or maintain property insurance coverage, when required by an insurance company that insures an occupied dwelling or occupied structure, and when in accordance with the requirements and restrictions of state law, including Public Resources Code section 4291.

3.

Fire risk reduction activities that may result in native oak tree removal when the activity or tree removal is documented to be directed, ordered, overseen, recommended, or approved by the public agency having fire protection responsibility for the area. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

4.

Fire risk reduction activities that may result in native oak tree removal when the activity or tree removal is undertaken by the county, CAL FIRE, or other public agencies. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

5.

Protected tree removal associated with a plan, program, project, entitlement, or other activity subject to oversight by a governmental agency.

ii.

Emergency Operations. Native oak tree removal or activities that may result in tree removal undertaken by public agencies during emergency operations or in post-disaster remediation. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

iii.

Hazardous, Dead, Dying, or Diseased Trees.

1.

Removal of hazardous, dead, dying, or diseased native oak trees is exempt from this article if either of the following criteria are met:

a.

The removal of the hazardous, dead, dying, or diseased native oak tree occurs inside the defensible space zone of a structure, as defined by County Code Chapter 13A and state law applicable to defensible space; or

b.

The removal of the hazardous, dead, dying, or diseased native oak tree occurs outside of the defensible space zone of a structure, and (1) the tree is within striking distance of a structure, (2) the tree creates a potential health and safety hazard due to the risk of the tree falling, and (3) the tree is structurally unstable, and the structural instability cannot be remedied.

2.

Removal of a hazardous, dead, dying, or diseased native oak tree that would otherwise require a use permit for tree removal, requires a ministerial zoning permit, and is exempt from mitigation required by this article, if the following criteria are met:

a.

The hazardous, dead, dying, or diseased tree is over thirty-six inches (36") dbh;

b.

Tree removal will occur outside of the defensible space zone of a structure as defined by county code Chapter 13A and state law applicable to defensible space;

c.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

3.

The removal of a hazardous, dead, dying, or diseased native oak tree subject to a ministerial zoning permit is exempt from mitigation required by this article, if the following criteria are met:

a.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the native oak tree removal is necessary to protect life or property from the threat of harm caused by the tree.

4.

An application for a permit for removal of the hazardous, dead, dying or diseased native oak tree may be submitted within a reasonable time after hazardous tree removal, where immediate removal was necessary for public health or safety reasons.

5.

The Director may waive standards that are otherwise applicable to a permit application for removal of a hazardous, dead, dying, or diseased native oak tree, upon findings that such waiver is necessary to comply with subsection (12) of section 26-67-020.

(2)

Stewardship and Resource Management.

i.

Resource conservation, restoration, or enhancement projects. Protected tree removal for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects where a public agency takes full responsibility for the work or has approved or funded the work. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

ii.

Removal of native oak trees that is consistent with a county approved oak woodland management plan, forest management plan, natural communities conservation plan, habitat conservation plan, streamside conservation plan, or similar conservation management plan as determined by the director.

(3)

Forest Management Activities. Removal of native oak trees that meets any of the following criteria:

i.

Timber Harvest. The tree removal occurs as part of activities that are the subject of a valid timber harvesting permit approved by the state of California, notwithstanding that type conversion may occur;

ii.

Timber Management. The tree removal occurs as part of activities that meet the definition of timber management on RRD or TP zoned parcels ;or

iii.

Forestry Activities. The tree removal occurs as part of activities defined in California Public Resources Code Sections 750 through 781 as forestry conducted on forested landscapes overseen by a registered professional forester.

(4)

Pest Control. Selective vegetation removal as part of an integrated pest management program administered by a state licensed pest control advisor.

(5)

Property Maintenance.

i.

Residential maintenance activities. Native oak tree removal no more than necessary for residential maintenance activities associated with a legally established residential structure or residential use, including maintenance of residential structures, fences, residential well and septic systems, and outdoor spaces used in conjunction with a residence, such as paths, yards, gardens, and landscaping.

ii.

Nuisance trees. Removal of a native oak tree if it is or creates a nuisance. For the purpose of this exemption, nuisance means causing damage to improvements, such as but not limited to building foundations, retaining walls, roadways/driveways, patios, paths, sidewalks and decks, pipes, utility conduits, or otherwise interfering with the operation, repair, replacement or maintenance of public or private utilities.

iii.

Septic. Native oak tree removal to allow an existing on-site sewage disposal system that poses a threat to human health or safety to be repaired or replaced, so long as no alternative option exists that would both cure the threat to human health and safety and avoid the native oak tree removal.

(6)

Agriculture Activities Maintenance.

i.

Removal of native oak trees no more than necessary to maintain existing grazing, livestock management, or similar agricultural production, not involving cultivation or structures. Incidental native oak tree removal associated with existing grazing or livestock operations is exempt. The intentional clearing of native oak trees for the purposes of establishing new grazing or livestock areas is not exempt.

ii.

Removal of native oak trees no more than necessary to maintain an existing cultivated agricultural crop area, as follows: (1) maintenance of existing access roads; (2) maintenance of drainage or drainage infrastructure; (3) maintenance of irrigation or irrigation infrastructure; (4) activities necessary to maintain agricultural use of the existing agricultural crop cultivation area, including planting, seeding, fertilizing, weeding, tree trimming, and harvesting.

iii.

Native oak tree removal is not exempt from permit requirements if it is for the expansion of existing cultivation areas or the establishment of new cultivation areas into land not used for agricultural crop cultivation at the time this provision became effective, and no other exemption applies.

(7)

Individual Tree Removal. Oak tree removal that is not located within an oak woodland is exempt from the Oak Woodland combining district but may be subject to other provisions of this code, including but not limited to the Section 26-88-015, Tree Protection Ordinance, or Valley Oak Habitat combining district. Individual native oak tree removal within an oak woodland is subject to this ordinance, unless otherwise exempt by this section. The removal of other protected tree species may be subject to the tree protection ordinance.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-050. - OAK combining district allowed uses with a zoning permit.

(1)

The one-time woodland impact or type conversion of up to one-half (0.5) acres of oak woodland on a parcel to accommodate a use permitted by the underlying zoning district shall be permitted with a zoning permit, once per parcel, subject to the below conditions. Subsequent woodland impact or type conversion of oak woodlands shall be subject to discretionary review. This section shall not be applied in a manner that would reduce allowable density lower than that permitted by the underlying zoning. To achieve this end, adjustments may be made to accommodate the minimum disturbance necessary to achieve allowable densities.

(2)

A ministerial type conversion shall be subject to the following standards and requirements:

(a)

All woodland impact or type conversion activities shall be completed within two (2) years of approval of the zoning permit.

(b)

No sites of rare, threatened or endangered plants or animals shall be disturbed, threatened or damaged, as determined by a qualified professional.

(c)

The project shall not impact significant historical or archeological sites, as determined by a cultural resources study. If project has potential to impact historical or archaeological sites, as determined by a cultural resources study, avoidance measures shall be recommended and incorporated into project design or project shall be redesigned to avoid impacts.

(d)

No ministerial oak woodland conversion shall include the cutting or removal of any native oaks greater than thirty-six inches (36") DBH unless a registered professional forester or arborist certifies in writing that the tree poses a serious danger to persons or property.

(e)

No conversion activities shall be conducted during the wet weather period or during wet conditions.

(f)

No ministerial oak woodland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(g)

The department may develop policies and procedures related to this section including requirements to provide notice to subsequent purchasers which may include recordation of notice.

(3)

The applicant shall submit any other information that the director deems necessary to make a decision on the application. Such information may include grading permits, building permits, design drawings, forest inventories, and other material.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-060. - OAK combining district use permit requirements.

Any oak woodland impact or type conversion that is not exempt from the requirement to obtain an oak woodland permit for an allowed use specified in this ordinance, or that would not qualify for a ministerial permit under Section 26-67-050, requires a discretionary permit under this section, subject to the following requirements:

(1)

A use permit and associated permit fee shall be required.

(2)

Application Materials. The application shall include the items specified in the application and application checklist on file with the permit and resource management department.

(3)

Notice. Notice shall be provided to all properties within three hundred feet (300′) of the subject property, including those parties which have requested notification of all oak woodland permits.

(4)

Oak Ecological Categories. The application shall include a determination of the ecological category of the oak woodland, as defined in this ordinance.

(5)

Alternatives Analysis. A sequenced alternatives analysis review shall be provided by the applicant. The review shall consist of an examination, in the following order, of avoidance, minimization, and mitigation.

(6)

Mitigation: The application shall include an oak woodland conservation plan, including mitigations at ratios consistent with the determined oak woodland ecological category and as necessary to offset the impacts identified through review of the application. The following conditions or mitigation measures may be imposed through the discretionary permit process:

(a)

Conservation Easement: An executed and recorded conservation easement for double the mitigation rations specified for replanting. Areas under easement must be located in Sonoma County, must contain woodland of equal or greater oak woodland ecological category, and must contain similar species composition.

(b)

Replanting: Replanting of woodland on-site or within Sonoma County consistent with replacement ratios specified below. Replanting shall include replanting of associated vegetative strata of the converted area including canopy, subcanopy, shrub, herb and bryophyte. Replanting shall have a planning horizon for the establishment of the woodland within twenty-five (25) years, or other timeline if recommended by a qualified professional and approved by the applicable decision-maker. An annual report shall be prepared and submitted by the applicant to the department. Any mortality that occurs during the reporting period shall be replaced.

Oak Woodland Ecological Category Mitigation Ratio (in acres)
Class I (Superior Oak Habitat) 3:1
Class II (Oak Habitat) 2:1
Class III (Limited Quality Oak Habitat) 1:1

(c)

Alternative equivalent mitigation may be considered if it will achieve equal or greater benefit than other mitigation measures.

(d)

Payment of replacement in-lieu fees may be permitted by the county if replacement or mitigation is infeasible as determined by the county for physical, ecological, legal, or economic reasons. Replacement fees, if applicable, shall be valued using the most recent version of Council of Tree and Landscape Appraisers' Guide for

Plant Appraisal. In-lieu fees may be used to acquire and protect stands of native oak trees in-fee title or through conservation easements; or place and maintain native oak trees and associated woodland vegetation on lands within the county of Sonoma.

(e)

Any other condition or measure that the director deems necessary to meet the objectives of this chapter.

(7)

An applicant shall submit all information the director deems necessary to make a decision on the application or any required associated environmental review. Such information may include biological studies, cultural resource studies, forest inventories, and other material.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-070. - OAK combining district findings for approval.

Findings for Approval. Discretionary permits for oak woodland conversion shall not be approved unless the following findings are made:

(i)

There is no feasible less environmentally damaging alternative;

(ii)

Any proposed oak woodland to be removed will not result in the creation of two (2) or more separate oak woodlands as defined by this chapter; and

(iii)

If class I oak woodlands are proposed for conversion, the conversion provides a clear public need that outweighs the loss of the oak woodland.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-080. - VOH combing district permitted uses.

All uses permitted within the respective district with which the VOH district is combined shall be permitted in the VOH district, subject to the provisions of this article.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-090. - VOH combining district mitigation required—exceptions.

(a)

Except as provided in subsection (b), when any person cuts down or removes any valley oak over six inches (6") DBH on any property within the VOH district, a zoning permit shall be required and such person shall mitigate the resulting valley oak loss by one (1) of the following measures: (1) planting replacement valley oaks on the subject property or on another site in the county having the geographic, soil, and other conditions necessary to sustain a viable population of valley oaks at mitigation ratios specified in the tree protection ordinance (Section 26-88-015) multiplied by a factor of one and one-half (1.5), (2) paying an in-lieu payment amount determined using Arboreal Value Chart No. 1 in the tree protection ordinance. In-lieu payments shall be used exclusively for valley oak planting programs in the county. Such person shall have the sole discretion to determine which mitigation measure to use to mitigate the valley oak loss. The selected mitigation measure shall be undertaken and completed within one (1) year after the valley oak or valley oaks are cut down or removed in accordance with guidelines established by resolution or ordinance of the board of supervisors. The removal of valley oak trees with a single stem over thirty-six inches (36") DBH shall require a use permit, per the tree protection ordinance (Section 26-88-015).

(b)

This section shall not apply to the cutting down or removal of any valley oak within the VOH district that is (1) determined necessary by emergency personnel engaged in emergency procedures, (2) dead or irretrievably damaged or destroyed by causes beyond the property owner's control, including, without limitation, fire, flood, wind, lightning, or earth movement, or (3) part of a development project subject to the provisions of Section 26-67-100.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-100. - VOH combining district design review approval.

Where any development project within the VOH district is subject to design review pursuant to another provision of this chapter, the design review approval shall include measures to protect and enhance valley oaks on the project site in accordance with guidelines adopted by resolution or ordinance of the board of supervisors. Such measures shall include, but not be limited to, a requirement that valley oaks shall comprise a minimum of fifty percent (50%) of the required landscape trees for the development project.

(Ord. No. 6469, § IV(Exh. A), 4-16-2024)

Sec. 26-67-110. - Penalty for violation of article.

Any person who knowingly fails to comply with the mitigation or design review requirements of this article shall be required to mitigate any valley oak or oak woodland loss at five (5) times the rate otherwise required by this article. If calculating the penalty under this section, the in-lieu fee shall be used. This provision does not preclude pursuit of any other remedy, including those in Chapter 1.

Article 68. - HD Historic Combining District.

Sec. 26-68-005. - Purpose.

Purpose: to protect those structures, sites and areas that are remainders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or which are unique and irreplaceable assets to the county and its communities.

(Ord. No. 4643, 1993.)

Sec. 26-68-010. - Designation of historic structures and historic districts.

Pursuant to the normal zoning procedures:

(a)

An individual structure or an integrated group of structures on a single lot or lots having a special historical, architectural or aesthetic interest or value as a historic structure may be designated; and

(b)

An area having special historical, architectural or aesthetic interest or value as a historic district may be designated. Before creating a historic district the advice of local citizens and committees may be sought.

(Ord. No. 4643, 1993.)

Sec. 26-68-020. - Alterations of designated historic structures and new construction within a historic district.

No zoning permit authorizing alterations (including demolition) in the exterior of a structure within the boundaries of a historic district and no zoning permits authorizing construction of a new building within the boundaries of a historic district shall be granted unless approval has been granted by the county landmarks commission. Minor alterations may be reviewed and approved by staff in conformance with adopted design guidelines and standards. In all cases where the request for a zoning permit involves demolition alone, however, the county landmarks commission shall take action on such request within six (6) months of the date of application for the permit. It is not intended by this chapter to grant the county landmarks commission jurisdiction over zoning or use permit matters other than in the area of design review.

(Ord. No. 4643, 1993; Ord. No. 6020, § I, 3-12-2013.)

Sec. 26-68-025. - Conformance with historic district design guidelines.

Alterations to existing structures and construction of new structures within historic districts shall be consistent with the historic district design guidelines adopted by the board of supervisors including:

1.

Bodega Historic District Design Guidelines.

2.

Freestone Historic District Design Guidelines.

3.

Occidental Historic District Design Guidelines.

(Ord. No. 6020, § I, 3-12-2013.)

Sec. 26-68-030. - Standards governing decisions of county landmarks commission.

In determining whether to approve or to disapprove an application for a zoning permit required by Section 26-68-020, the county landmarks commission shall apply the standards:

(a)

Described in the purpose of this article, set out in the ordinance codified in this chapter; and

(b)

Such additional standards as may be specifically delineated upon the particular sectional district map establishing the historic zoning district for a particular area.

(Ord. No. 4643, 1993.)

Sec. 26-68-040. - Appeal to planning commission and/or board of supervisors.

(a)

Any interested person(s) may appeal the decision of the county landmarks commission under this article to the Sonoma County planning commission in the manner required by Section 26-92-040.

(b)

Any interested person(s) may appeal the decision of the planning commission under this article to the Sonoma County board of supervisors in the manner required by Section 26-92-160.

(Ord. No. 4643, 1993.)

Article 70. - G Geologic Hazard Area Combining District.

Sec. 26-70-005. - Purpose.

Purpose: to reduce unnecessary exposure of people and property to risks of damage or injury from earthquakes, landslides and other geologic hazards in the Alquist-Priolo Special Studies Zone and to implement the provisions of Section 2.3 of the general plan public safety element.

(Ord. No. 4643, 1993.)

Sec. 26-70-010. - Location and boundaries.

The G district may be applied to properties which are located within the Alquist-Priolo Special Studies zone.

(Ord. No. 4643, 1993.)

Sec. 26-70-020. - Permitted uses.

All uses permitted within the respective district with which the G district is combined shall be permitted, except that no structure intended for human occupancy or otherwise defined as a project in the Alquist-Priolo Special Studies Zone Act, shall be permitted to be placed across the trace of an active fault or within fifty feet (50′) of the surface trace of any fault.

(Ord. No. 4643, 1993.)

Sec. 26-70-030. - Geologic reports required.

Geologic reports shall be required for development of properties within the G district and shall describe the hazards and shall include mitigation measures to reduce risks to acceptable levels.

(Ord. No. 4643, 1993.)

Article 72. - MR Mineral Resource Combining District.

Sec. 26-72-005. - Purpose.

Purpose: to conserve and protect land that is necessary for future mineral resource production. The MR district is intended to be applied only where consistent with the aggregate resources management plan and combined with base zoning within the general plan's land intensive agriculture, land extensive agriculture, diverse agriculture and resources and rural development land use categories. This zone allows mining with the issuance of a surface mining use permit and the approval of a reclamation plan, but restricts residential and other incompatible uses. Its uses supersede those allowed in the applicable base district.

(Ord. No. 4643, 1993: Ord. No. 2862)

Sec. 26-72-010. - Permitted uses.

(a)

Geotechnical studies involving no grading or construction of new roads or pads;

(b)

Timber management including planting, raising and harvesting of trees and logs for lumber or fuel woods subject to requirements of California Department of Forestry and Fire Protection;

(c)

Raising, grazing, maintaining and breeding of horses, cattle, sheep, goats and similar animals;

(d)

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

(1)

Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) from the top of the bank on designated upland riparian corridors.

Agricultural cultivation may be allowed as set out in subsections (d)(1) through (3) of this section upon approval of a management plan which includes appropriate mitigation for potential erosion, bank stabilization and biotic impacts. This plan may be approved by the planning director or by use permit pursuant to Section 2672-020(k);

(e)

The indoor growing and harvesting of shrubs, vines, trees, hay, grain and similar food and fiber crops provided that the greenhouse or similar structure for indoor growing is less than eight hundred (800) square feet;

(f)

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

(g)

Temporary or seasonal sales and promotion, and incidental storage of crops or fuel woods which are grown on the site;

(h)

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

(i)

Beekeeping.

(j)

Attached commercial telecommunication facilities subject to the applicable criteria for such facilities in the CO district set forth in Section 26-88-130;

(k)

Minor freestanding commercial telecommunication facilities that are consistent with any applicable mining and reclamation plan, and subject to the applicable criteria for such facilities in the CO district set forth in Section 26-88-130, and subject to approval of a zoning permit, including environmental review, for which written 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 Section 26-92-040 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 section.

(l)

Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26-88-130. 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 Section 26-92-040 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 section.

(Ord. No. 4973 § 13(a), 1996; Ord. No. 4643, 1993.)

Sec. 26-72-020. - Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

Mineral extraction and production as described below. In addition to meeting the requirements of this chapter, every use permit issued hereunder shall meet the requirements for a surface mining permit under the surface mining and reclamation ordinance, Chapter 26A of the Sonoma County Code and as such, when approved, shall constitute the surface mining permit required by Chapter 26A-3.

(1)

Hardrock quarry operations; defined as processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits.

(i)

Asphalt batch plants incidental to hardrock quarries,

(ii)

Cement concrete batch plants incidental to hardrock quarries,

(iii)

Equipment storage yards incidental to resource management, including packing, repairing and storage of equipment so used,

(iv)

Accessory structures, offices or other uses incidental to hardrock quarry operations,

(2)

River terrace operations, defined as sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

(i)

Sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand, gravel, overburden, and topsoil,

(ii)

Equipment storage yards incidental to resource management, including parking, repairing and storage of equipment so used,

(iii)

Accessory structures, offices or other uses incidental to river terrace operations,

(3)

Instream operations; defined as sand and gravel operations which entail the extraction and sale of sand, gravel, and overburden from streams and rivers. Processing shall be limited to the removal and placement of oversized (+3″) particles;

(b)

The raising, feeding, maintaining and breeding of poultry, fowl, rabbits, fur-bearing animals or animals such as veal calves, pigs, hogs and the like, which are continuously confined in and around barns, corrals and similar areas for other than domestic purposes. Incidental processing 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 26-72-010(c);

(c)

Geotechnical studies which involve grading or construction of new roads or pads;

(d)

Commercial harvesting and sales of off-site fuel woods not subject to the requirement of the California Department of Forestry and Fire Protection;

(e)

Controlled burns undertaken for purposes of fuel load management and wildlife habitat enhancement;

(f)

Oil and gas wells;

(g)

Unpaved private landing strips;

(h)

Accessory structures, or uses incidental and appurtenant to any use for which a use permit has been granted or is required;

(i)

Water conservation dams and ponds;

(j)

Minor public utility buildings and public service or utility uses (transmission and distribution lines and telecommunication facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of general plan Policy PF-2s and which are otherwise exempt by state law;

(k)

Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26-72-010(d).

(1)

Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) from the top of the bank on designated upland riparian corridors;

(l)

Game preserves and refuges;

(m)

Intermediate and major freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria for such facilities in the C2 district set forth in Section 26-88-130 and provided that the proposed facility is consistent with any applicable mining and reclamation plans.

(n)

Noncommercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26-88-130 and provided that the proposed facility is consistent with any applicable mining and reclamation plans.

(Ord. No. 4973 § 13(b), (c), 1996; Ord. No. 4643, 1993.)

Sec. 26-72-030. - Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article and the applicable regulations of this chapter. Policies and criteria of the general plan and any applicable specific or area plan or local area development guidelines shall supersede the standards herein.

(a)

Density. Residential density shall be as shown in the general plan land use element, or that density permitted by a B combining district, whichever is more restrictive. There shall be no minimum lot size for inclusion into the MR district.

(b)

Minimum Yard Requirements for Uses Other than Mineral Extraction and Production:

(1)

Front Yard Required. Ten percent (10%) of the depth of the lot, but not more than one hundred feet (100′) nor less than thirty feet (30′).

(2)

Side Yard Required. Ten percent (10%) of the width of the lot, but not more than fifty feet (50′).

(3)

Rear Yard Required. Fifty feet (50′).

(c)

Maximum Building Height.

(1)

Fifty feet (50′), provided that additional height may be permitted where special structures are required if a use permit or use permit waiver is first secured in each case.

(2)

Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.

(d)

Parking Requirements.

(1)

On-site parking shall be screened where practical from view from public roadways by natural vegetation, landscaping, natural topography, fencing or structures.

(2)

On-site parking shall not block emergency vehicle accessways and turnarounds.

(Ord. No. 4973 § 13(d),1996; Ord. No. 4643, 1993; Ord. No. 2862.)

Article 75. - WH Workforce Housing Combining District.

Sec. 26-75-005. - Purpose.

The purpose of the Workforce Housing (WH) Combining District is to implement policies and programs of the Sonoma County Housing Element by increasing the supply of housing for the local workforce in close proximity to job centers or major transit services.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-010. - Applicability.

The WH combining district may be applied to properties within designated urban service areas with the following base zones:

(a) LC (Limited Commercial) District; (b) C2 (Retail Business and Service) District; (c)

MP (Industrial Park) District;

(d)

M3 (Rural Industrial) District; (e)

M1 (Limited Industrial); and

(f)

PF (Public Facilities) District (Ord. No. 6247, § II(Exh. F), 10-23-2018) Sec. 26-75-020. - Designation criteria. Parcels proposed for rezoning to add the Workforce Housing Combining District must meet all of the following criteria:

(a)

Parcel must be located within an Urban Service Area.

(b)

There is adequate sewer and water capacity to serve the projected residential development.

(c)

The proposed parcel would accommodate housing for on-site commercial or industrial uses; or the parcel is located within three thousand feet (3,000′) from any one (1) of the following:

(1)

A passenger rail or transit station with headways of sixty (60) minutes or less during peak hours;

(2)

An employment node that encompasses an aggregate of:

i.

Three (3) acres of commercial-zoned land;

ii.

Ten (10) acres of industrial-zoned land; or iii.

Any combination of (i) and (ii) that provides an equivalent ratio;

(d)

The proposed rezoning is consistent with the overall goals, objectives, policies and programs of the general plan and any applicable area or specific plans as amended from time to time;

(e)

The proposed rezoning is consistent with the allowable residential densities and other limitations of the Comprehensive Airport Land Use Plan (CALUP) as amended from time to time.

(f)

Parcel is not adjacent to incompatible land uses that emit noxious levels of noise, odor, and other pollutants, nor adjacent to lands zoned for such uses.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-030. - Permitted uses.

The following uses are permitted in addition to those allowed by the underlying base zone, in compliance with all applicable provisions of Article 89 (Affordable Housing Program) and subject to design review:

(a)

Multi-family housing projects providing at least ten percent (10%) of the total units affordable to very low- and extremely low-income households;

(b)

Multi-family housing projects providing at least fifteen percent (15%) of the total units affordable to low- and very low-income households;

(c)

Planned developments and condominiums providing at least twenty percent (20%) of the total units affordable to low- and moderate-income households;

(d)

Housing opportunity rental (Type A) projects providing at least forty percent (40%) of the total units affordable to very low- and low-income households;

(e)

Housing opportunity ownership (Type C) projects providing at least twenty percent (20%) of the total units affordable, with one-half of the total number of required affordable units shall be provided as affordable to low-income households; the remaining affordable units may be provided as affordable to households with moderate or low incomes;

(f)

Mixed-use projects in compliance with Section 26-88-123 (Mixed Use Developments) providing at least twenty percent (20%) of the total residential floor area affordable to lower-income households.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-040. - Uses permitted with a use permit.

(a)

Multifamily, mixed-use, or ownership housing projects providing less than the minimum affordable units required of Section 26-75-030;

(b)

Multifamily, mixed-use, or ownership housing projects that do not meet all of the development criteria or design standards.

(Ord. No. 6247, § II(Exh. F), 10-23-2018)

Sec. 26-75-050. - Residential densities, building intensity and development criteria.

Workforce housing projects shall conform to the residential densities and development standards listed in Section 26-18-030 (R3 High Density Residential), except as set forth below:

(1)

Workforce housing projects shall have a minimum residential density of sixteen (16) units per acre and a maximum residential density of twenty four (24) units per acre based on the calculation of density unit equivalents for High Density Residential provided in Section 26-18-030. Additional density may be granted in compliance with Article 89 (Affordable Housing Program).

(2)

Vacation rentals or other transient occupancies are prohibited in workforce housing.

(3)

As a condition of approval, workforce housing projects must notify prospective tenants of the potential for noise disturbance or future noise disturbance.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6247, § II(Exh. F), 10-23-2018)

Article 76. - Z Accessory Dwelling Unit Exclusion Combining District.[[31]]

Footnotes:

--- ( 31 ) ---

Editor's note— Ord. No. 6191, § VI(Exh. E), adopted Jan. 24, 2017, amended the title of Article 76 to read as herein set out. The former Art. 76 was titled, "Z Second Unit Exclusion Combining District."

Sec. 26-76-005. - Purpose.

Purpose: the purpose of this district is to provide for the exclusion of accessory dwelling units in the following areas:

(a)

Areas where there is an inadequate supply of water for drinking or firefighting purposes;

(b)

Areas where there are inadequate sewer services or danger of groundwater contamination;

(c)

Areas where the addition of accessory dwelling units would contribute to existing traffic hazards or increase the burden on heavily impacted streets, roads or highways; and

(d)

Areas where, because of topography, access or vegetation, there is a significant fire hazard.

(Ord. No. 6191, § VI(Exh. E), 1-24-2017; Ord. No. 4643, 1993.)

Sec. 26-76-010. - Permitted uses.

All uses permitted in the respective district with which the Z district is combined shall be permitted in the Z district, except for the establishment, placement or construction of an accessory dwelling unit otherwise authorized by Section 26-92-040.

(Ord. No. 6191, § VI(Exh. E), 1-24-2017; Ord. No. 4643, 1993.)

Article 77. - VR Visitor Residential Combining Zone.[[32]]

Footnotes:

--- ( 32 ) ---

Editor's note— Ord. No. 6145, § VI(Exh. B), adopted March 15, 2016, amended the title of Article 77 and certain provisions contained therein to reflect provisions related to the VR Visitor Residential Combining Zone. Formerly, Article 77 pertained to X Mixed Occupancy Zone.

Sec. 26-77-005. - Purpose.

The purpose of the VR combining district is to provide flexibility in types and terms of occupancy for residential units on lands zoned for recreation and visitorserving uses. The VR combining district may be applied where surrounding uses or zoning are compatible with uses allowed in the VR combining district.

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6145, § VI(Exh. B), 3-15-2016; Ord. No. 6041, § II, 6-25-2013.)

Sec. 26-77-010. - Applicability.

The VR combining district may be applied to the following base zones:

Recreation and visitor-serving commercial (K).

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6145, § VI(Exh. B), 3-15-2016; Ord. No. 6041, § II, 6-25-2013.)

Sec. 26-77-015. - Designation prohibited.

The VR combining district may not be applied to any property containing a residential unit protected under a long-term affordability agreement, nor when a rezone to a different base zone would better reflect the proposed land use or the project objectives.

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6145, § VI(Exh. B), 3-15-2016; Ord. No. 6041, § II, 6-25-2013.)

Sec. 26-77-020. - Uses permitted with a use permit.

In addition to the uses permitted within the base zone district, the following uses may be permitted subject to the granting of a use permit:

(a)

Single room occupancy (SRO) facilities, subject to the standards in Section 26-88-125.

(b)

Mixed Occupancies. Residential uses such as condominiums with mixed lengths of occupancy, time shares, stock cooperatives, resorts, extended stay hotels, and similar projects where a mix of transient and long-term occupancies are desired.

(Ord. No. 6041, § II, 6-25-2013.)

Sec. 26-77-030. - Development standards.

(a)

Development standards shall be the same as those of the underlying zone district.

(b)

No new development shall be allowed within the F1 flood way, other than seasonal camping.

(c)

Development within the F2 flood plain shall conform to Chapter 7B of this Code.

(d)

Development and conversions of existing structures shall be subject to applicable accessibility requirements, as determined by the building official.

(e)

Uses permitted within Section 26-77-020 shall comply with all applicable provisions of Article 89 (Affordable Housing Program Requirements and Incentives).

(Ord. No. 6424, § V(Exh. D), 4-24-2023; Ord. No. 6041, § II, 6-25-2013.)

Article 78. - B Combining Districts.

Sec. 26-78-005. - Purpose.

Purpose: to specify residential density and/or minimum parcel or lot size for a particular parcel, lot or area

(Ord. No. 4643, 1993.)

Sec. 26-78-010. - Generally.

The following regulations shall apply to the respective B districts:

Combining
District: Requirements:
B6 The adopted zoning maps shall specify the maximum permitted density, determined by gross acreage for all residential uses. Minimum
front, side and rear yard requirements and the minimum parcel or lot size, if not otherwise specifed, shall conform to the base district with
which the B6 district is combined unless specifcally approved otherwise by the planning commission.
B7 Minimum parcel or lot size shall be as specifed on the recorded fnal or parcel maps and the parcels or lots shall not be further
subdivided. The B7 combining district signifes that the lot has been frozen in order to restrict further subdivision of large remaining
parcels left after approval of a clustered subdivision as provided in general plan Policy LU-6c. A lot line adjustment may be applied for,
processed, and approved pursuant to
Chapter 25 of the Sonoma County Code and this chapter. Minimum front, side and rear yard
requirements shall conform to the base district with which the B7 district is combined unless specifcally approved otherwise by the
planning commission.
B8 Minimum parcel or lot size shall be as specifed on the recorded fnal or parcel map and the parcels or lots shall not be further subdivided.
The B8 combining district signifes that the lot has been frozen for one of the following reasons:
1. The property is designated rural residential on the general plan land use map, but is subject to a Williamson Act contract;
2. The property lies within the designated urban service boundary surrounding a city where the county intends to limit urban development
until annexation or similar occurrence pursuant to a general plan area policy;
3. The property is subject to a specifc plan or area plan policy where the county intends to limit urban development for the reasons set
forth in the applicable plan.

A lot line adjustment may be applied for, processed, and approved pursuant to Chapter 25 of the Sonoma County Code and this chapter. Minimum front, side and rear yard requirements shall conform to the base district with which the B8 district is combined unless specifically approved otherwise by the planning commission.

(Ord. No. 4643, 1993.)

Article 79. - X Vacation Rental Exclusion and Cap Combining District.[[33]]

Footnotes:

--- ( 33 ) ---

Editor's note— Ord. No. 6386, § VI(Exh. B), adopted Aug. 2, 2022, repealed the former Art. 79 and enacted a new article as set out herein. The former Art. 79, §§ 26-79-005, 26-79-010, pertained to X Vacation Rental Exclusion Combining District and derived from Ord. No. 6145, § VII(Exh. C), adopted March 15, 2016.

Sec. 26-79-005. - Purpose and applicability.

The purpose of this district is to exclude or limit concentration of vacation rentals in the following areas:

(a)

Areas where there is inadequate road access or off-street parking;

(b)

Areas where the prevalence of vacation rentals is detrimental to the residential character of neighborhoods;

(c)

Areas where the residential housing stock is to be protected from conversion to visitor-serving uses;

(d)

Areas where, because of topography, access or vegetation, there is a significant fire hazard.

(e)

Areas where residential character is to be preserved or preferred; and

(f)

Other areas where the board of supervisors determines that it is in the public interest to prohibit the establishment and operation of vacation rentals.

(Ord. No. 6386, § VI(Exh. B), 8-2-2022)

Sec. 26-79-010. - Vacation rental exclusion.

(a)

Vacation Rental Exclusion. The X district may be applied to exclude new vacation rentals.

(b)

Permitted Uses. Where the X district excludes new vacation rentals, uses permitted in the base zoning district are allowed, except for a new vacation rental under Section 26-28-160.

(Ord. No. 6386, § VI(Exh. B), 8-2-2022)

Sec. 26-79-020. - Vacation rental cap.

(a)

Vacation Rental Cap. The X district may be applied to cap vacation rentals at five percent (5%) or ten percent (10%) of the single-family dwellings in the proposed X district boundaries when the cap is imposed. Where calculation of the cap results in a fractional number, the cap is rounded down to a whole number.

(b)

Permitted Uses. Where the X district caps vacation rentals, uses permitted in the base zoning district are allowed, except for a new vacation rental under Section 26-28-160 whenever the cap is met or exceeded.

(Ord. No. 6386, § VI(Exh. B), 8-2-2022)

Article 80. - TS Traffic Sensitive Combining District.

Sec. 26-80-005. - Purpose.

Purpose: the traffic sensitive combining district is intended to implement the provisions of Section 2.3.3 of the Sonoma County general plan land use element, providing sites for uses allowed by the base zoning district, but which are constrained by severe traffic congestion.

(Ord. No. 4828 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-80-010. - Permitted uses and uses permitted with a use permit.

All permitted uses and uses permitted with a use permit in the applicable district with which the TS district is combined, except that the intensity of such uses shall be limited so as not to exceed anticipated traffic generation levels which are specified below:

Each parcel designated "limited commercial" within the Sonoma Valley redevelopment area on the general plan land use map shall be limited to a total of sixtythree (63) trips per acre per weekday evening peak hour.

2.

Each parcel designated "limited commercial traffic sensitive" within the aforementioned area shall be limited to a total of eighteen (18) trips per acre per weekday evening peak hour.

3.

In addition to the above traffic levels, development on these parcels must also be found consistent with Objective CT-4.1 and Policy CT-4a of the general plan circulation and transit element.

The most recent trip generation manual published by the Institute of Transportation Engineers shall be used to evaluate projects in order to determine the number of trips the proposed uses will generate and thereby the intensity of uses permitted.

(Ord. No. 6252, § II(Exh. C), 12-4-2018; Ord. No. 4828 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-80-020. - Permitted building intensity and development criteria.

The use of land and structures is subject to the standards of the applicable base district except that the intensity and type of permitted uses may be limited by specified traffic levels. The most recent trip generation manual published by the Institute of Transportation Engineers shall be used to determine the traffic levels which would result from proposed uses.

A summary table of anticipated traffic levels resulting from various categories of use from the trip generation manual is available at the Sonoma County planning department.

(Ord. No. 4828 § 1, 1994: Ord. No. 4643, 1993.)

Article 82. - Design Review.

Sec. 26-82-005. - Purpose.

Purpose: in order to carry out the objectives of this chapter and to protect values, plans for new or altered uses, structures and land divisions in certain zoning districts shall be reviewed by the planning director or his appointed design review committee. The intent of this article is not to stifle individual initiative, but to set forth the minimums necessary to achieve a healthful community whose property values are protected from unplanned developments.

(Ord. No. 4643, 1993.)

Sec. 26-82-010. - Preliminary development plan requirements.

All development shall be planned as a unit. Applications for design review approval shall be accompanied by a development plan, including the entire parcel or parcels to be developed.

Approval of the preliminary development plan shall concentrate on the general acceptability of land uses, open space configuration, conformity to adopted general plans or area land use plans, specific uses and densities proposed and their interrelationships and relationship to the surroundings. The preliminary development plan application shall include the following:

(a)

Proposed land uses, showing general location of open space, building areas and specific uses;

(b)

The proposed maximum density for residential uses measured in units per gross acre;

(c)

The type and location of proposed major public facilities;

(d)

Topography at intervals determined by the planning director;

(e)

A tabulations of the total land area and percentage thereof designated for various uses;

(f)

General circulation pattern indicating both public and private vehicular and pedestrian ways, including trail systems where proposed;

(g)

Relationships of present and future land uses to the surrounding area and any adopted general plan, specific plan or area land use plan;

(h)

A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open space;

(i)

A preliminary report indicating provisions for storm drainage, sewage, disposal, grading and public utilities;

(j)

Delineation of development staging, if any;

(k)

Significant natural features such as trees, rock outcroppings and bodies of water;

(l)

Existing manmade features and areas where natural materials are to be deposited and removed;

(m)

Methods of preventing soil erosion or slippage;

(n)

Any other data deemed necessary by the planning director.

(Ord. No. 4643, 1993.)

Sec. 26-82-020. - Final development plans.

Before a building permit or a zoning permit may be issued for any zoning district in which this section is applicable, final plans of development shall be approved by the planning director. Such final development plans shall include a plot plan and elevations drawn to a workable scale, depicting the following:

(a)

Topography, significant natural features and trees;

(b)

Location and design of buildings and structures including materials to be used;

(c)

Location and type of landscaping, irrigation and its relationship to open spaces and existing vegetation, and any adopted county low-water use regulations;

(d)

Location and design of off-street parking and loading facilities, and any required public roadway improvements;

(e)

Location and type of fences and walls;

(f)

Location of trash storage areas;

(g)

Location and design of signs and exterior night lighting;

(h)

Grading plans as necessary to meet the requirements of the Sonoma County tree protection ordinance;

(i)

Any other data deemed necessary by the planning director.

In the case of a development of a group of commonly designed building, the planning director may limit his review to typical elevations.

(Ord. No. 4643, 1993.)

Sec. 26-82-030. - General development standards.

(a)

The orientation of building sites shall be such as to maintain maximum natural topography and cover.

(b)

The design of buildings, fences and other structures shall be evaluated on the basis of harmony with site characteristics and nearby buildings, including historic structures, in regard to height, texture, color, roof characteristics and setback.

(c)

Streets shall be designed and located in such a manner as to maintain and preserve mutual topography, cover, significant landmarks and trees; to necessitate minimum cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.

(d)

Horticultural groundcovers and other surfacing shall be used to prevent dust and erosion where natural vegetation and groundcover is disturbed or removed.

(e)

All refuse collection areas shall be enclosed on all sides unless, by nature of the building design, the trash areas are obscured from the adjacent properties and from vehicular and pedestrian traffic. Refuse enclosures shall be of six-foot (6′) height with adequate access for refuse vehicles.

(f)

Where nonresidential or high-density residential areas are adjacent to low-density residential areas (R1), the planning director may require six-foot (6′) screening in the form of a wall or landscape planting; except, that screen shall be reduced to three feet (3′) if within or abutting a required front setback. The height limit may be modified where, because of differences in ground elevation, the purposes of this section would be better met. The precise location and type of screening shall be determined by the planning director.

(g)

The color, size, height, lighting and landscaping of appurtenant signs and structures shall be elevated for compatibility with local architectural motif and the maintenance of view and vistas of natural landscapes, recognized historic landmarks, urban parks or landscaping.

(h)

A complete system of underground utilities shall be provided in accordance with public utility commission regulations.

(i)

All mechanical or air-conditioning apparatus shall be screened from view and baffled for sound.

(j)

Each unit of development, as well as the total development, shall create an environment of desirability and stability. Every structure, when completed and in place, shall have a finished appearance.

(k)

A minimum of eight percent (8%) of all parking lot areas where more than ten (10) parking spaces are provided shall be landscaped. The landscaping shall be uniformly distributed and provision shall be made for its perpetual maintenance.

(l)

The parking layout shall conform to the dimensions on the following diagram. Where two-way traffic is desired, aisle widths shall be a minimum of twenty feet (20′), except where item F of the diagram requires a greater width. The planning director may modify the layout provided the goals of this chapter are achieved. Such modifications may include, but are not limited to parking at other angles than indicated, a combination of parking angles or a herringbone pattern. (Diagram shown at end of this section).

(m)

Circulation within a parking area shall be such that:

(1)

A car entering the parking area need not enter a street to reach another side;

(2)

Except for parking areas accommodating three (3) or fewer vehicles, a car entering a street or highway can do so by traveling in a forward direction.

(n)

All lighting in parking areas shall be arranged to prevent director glare or illumination onto adjacent properties.

(o)

Off-street parking areas and driveways, exclusive of required landscaping, shall be surfaced with materials approved by the planning director. Paved parking areas shall be painted with lines showing parking spaces and with directional arrows, showing traffic movements.

(p)

Required residential covered off-street parking facilities shall be located on the premises they are intended to serve, and shall not extend into a required front yard or any other required yard abutting a street.

(q)

Off-street parking for other than residential uses shall be on the premises they are intended to serve or within three hundred feet (300′) thereof. Where parking is provided on sites other than that of the use, a parking easement stipulating to the permanent reservation of the use of the site for parking, shall be recorded with the county recorder and filed with the building inspector and planning director prior to the issuance of building or zoning permits.

==> picture [273 x 373] intentionally omitted <==

(Ord. No. 5711 § 9 (Exh. J), 2007; Ord. No. 4643, 1993.)

Sec. 26-82-040. - Approval of building permits, zoning permits and land use—Status of approved preliminary and final development plan(s), and improvement agreements.

(a)

Compliance. No building permit, zoning permit nor land use approval shall be issued in any zoning district where this article is applicable until the preliminary and final development plan(s) have been approved by the planning director or other applicable decision making body.

The planning department shall not authorize final building inspection or any level of occupancy of the building(s) until satisfied that: all on-site improvements shown on the grading and utility drawings are installed or bonded for in accordance with the site plan approved by the design review committee; the buildings are constructed in accordance with the illustrative building elevation drawings, material samples and color samples approved by the design review committee; the landscaping and landscape irrigation system are installed or bonded for in accordance with the drawings approved by the design review board and that all conditions of approval are met.

(b)

Improvement Agreements.

(1)

If the improvement works required as a condition of an approval of a project by the design review committee are not satisfactorily completed before the issuance of a building permit(s) the owner(s) of the property shall, prior to the issuance of such permit(s), enter into an agreement with county, agreeing to have the work

completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, in addition to any other remedies it may have, the county may complete all specified improvements and be completely reimbursed for such improvements by the owner of the property. For purposes of this section, "improvement works" means those landscape, street and drainage improvements required as a condition of design review. Any such improvement agreement shall be approved as to form by the county counsel and shall include, but not be limited to:

(i)

Construction of all improvements works per the approved plans; provided, however, that the development shall not be obligated to complete design review improvements in the event the developer elects not to construct the underlying project;

(ii)

Completion of improvements within one (1) year from approval of design review. This completion date may be extended by the county as provided in this chapter;

(iii)

Warranty by developer that construction of on-site drainage improvements will not adversely affect any portion of adjacent properties;

(iv)

Payment of inspection fees in accordance with the county's established fees and charges;

(v)

Improvement security;

(vi)

Maintenance and repair of any defects or failures and causes thereof;

(vii)

Release and indemnification of the county from all liability incurred as a result of construction associated with the development and payment of all reasonable attorney's fees that the county may incur because of any legal action arising as a result of construction associated with the development;

(viii)

Registered civil engineer's, architect's or landscape architect's written verification to the county, based upon field inspection, that landscaping, private road and drainage improvements located on the property and subject to the agreement have been constructed in substantial conformance with approved plans.

(2)

Modification of Improvement Agreements. Improvement agreements may be modified to reduce the amount of security in recognition of the partial completion of improvements, and to allow changes to improvement plans as approved by the design review committee as specified under the terms of an existing agreement. All modifications of improvement agreements shall be at the discretion of the county of Sonoma, upon written request by the developer. In consideration of a modification to reduce the amount of security, the following will be required:

(i)

Engineer's, architect's, landscape architect's or licensed Contractor's written verification to the county that the partially constructed landscaping, private road and drainage improvements located on the property and subject to the agreement have been completed in substantial conformance with approved plans;

(ii)

Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department;

(iii)

Revised improvement securities in accordance with revised construction cost estimates;

(iv)

A fee shall be paid to the county to cover the actual costs for processing the modification.

(3)

Extension of Improvement Agreements. The completion date for any improvements to be constructed under an improvement agreement may be extended by the county of Sonoma upon written request by the developer and the submittal of evidence to justify such extension. The request shall be made not less than thirty (30) days prior to the expiration of the improvement agreement. Any such extension shall be authorized in writing by the county. Any request for extension, at the discretion of the county, may be denied. In consideration of the extension, the following will be required:

(i)

In those cases where construction has not commenced, revision of the improvement plan to provide the current design and construction standards required by the responsible department;

(ii)

Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department;

(iii)

Increase of improvement securities in accordance with revised construction estimates;

(iv)

Increase in any inspection fees to reflect current fees;

(v)

The design review committee may impose additional requirements it may deem necessary as a condition to approving any time extension for the completion of improvements;

(vi)

A fee shall be paid to the county to cover the actual costs for processing the extension.

(4)

Amount of Security to Accompany Improvement Agreement. Applicant/developer shall, prior to county's execution of the design review agreement, deliver to county the following security in a form satisfactory to the county counsel:

(i)

Either a cash deposit, a corporate surety bond or an instrument of credit sufficient to assure county that the improvement work approved by the county will be satisfactorily completed. Nothing contained in this section shall be construed to require duplicate security for improvements for which the county, as principal obligee, is already holding security;

(ii)

If required by county, a cash deposit, corporate surety bond, or instrument of credit sufficient to assure county that wet weather construction mitigation measures will be constructed in accordance with the approved plan.

(5)

Release of Improvement Securities. The performance security for dedicated improvements shall be released only upon acceptance of the improvements by the county and, if required as a condition of design review, approved warranty security has been filed with the county. The performance security for other improvements shall be released only upon satisfactory passage of final inspection by the county. Additional, with respect to improvements which will not be dedicated and accepted by the county, the applicant/developer shall comply with Section 3093 of the Civil Code and deliver forthwith to the planning director or the directors' appointed designee, a copy of the notice of completion and the engineer's, architect's or licensed landscape architect's written verification based upon field inspection of satisfactory completion as required for the landscaping, private road and drainage improvements; and, if required as a condition of design review, shall deliver to the county any required maintenance and/or warranty agreements and security, prior to the release of the performance security.

(6)

Delegation to Approve Improvement Agreements. Where the board of supervisors has, by resolution, adopted a standard form design review agreement which conforms to the requirements of this section, the planning director is authorized to execute such agreements and accept security therefore on behalf of the county, including any extensions or minor modification thereto which are consistent with this section.

(7)

The planning director may waive the requirement for an improvement agreement and securities on landscape and irrigation improvements when found appropriate and the applicant enters into an agreement with the county to hold occupancy on the project pending completion of all required improvements. In considering such a waiver, the planning director shall review the scale of the project, visibility of the project from adjacent roads and properties, and demonstrated prior performance of the applicant.

(Ord. No. 5933, § II(j), 5-10-2011; Ord. No. 4643, 1993; Ord. No. 3707.)

Sec. 26-82-050. - Design review requirement.

(a)

No permit shall be issued for any project requiring design review approval unless and until drawings and plans have been approved by the design review committee or other applicable decision making body as the case may be. All buildings, structures and grounds shall be developed in accordance with the approved drawings and plans.

(b)

The design review committee, composed of three (3) members appointed by the planning director, shall be responsible for and shall have the authority to approve drawings and plans within the meaning of this section. The committee, or other applicable decision-making body as the case may be, shall endeavor to provide that the architectural and general appearance of buildings or structures and grounds are in keeping with the character of the neighborhood and are not detrimental to the orderly and harmonious development of the county and do not impair the desirability of investment or occupation in the neighborhood.

(c)

The planning director may waive the above requirement for design review committee approval of a project in the following instances. In such cases, administrative design review approval shall be required as described in (d) below.

(1)

New commercial, institutional or industrial uses permitted by zoning in existing buildings or uses that have been previously authorized by use permit or design review approval. Approval shall be based on a review of the property to assure compliance with the terms and conditions of the original authorization of the use. Additional conditions may be required to implement the objectives of the Sonoma County general plan, applicable specific or area plans, any local area development guidelines and the Sonoma County Code;

(2)

Signs for residential, commercial, industrial and institutional uses permitted by this chapter, for which a sign program has been approved, or for appurtenant signs less than thirty-two (32) square feet, which are not located along a designated scenic corridor;

(3)

Minor facade changes or building additions for residential, institutional, commercial and industrial uses not requiring use permit approval or for such uses for which a use permit has been granted, if such changes or additions involve less than twenty percent (20%) of the existing floor area, do not exceed five thousand (5,000) square feet and are exempt from the provisions of the California Environmental Quality Act;

(4)

Fruit and produce stands (if exempt from CEQA);

(5)

Bed and breakfast inns (subsequent to use permit approval);

(6)

Any other project requiring design review approval as specified in this chapter which in the opinion of the planning director based on the small scale and the nature of the development should qualify for administrative design review.

(d)

Administrative design review approval shall consist of a formal written waiver specifying conditions, if any. Copies of the written waiver will be distributed to the applicant and any interested persons. The administrative determination is appealable to the design review committee within ten (10) calendar days following the mailing date of the report. An appeal is made by filing the appropriate application and required fees with the county planning department.

(e)

Any interested person may appeal any decision made by the design review committee pursuant to this chapter to the planning commission. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee.

(f)

The design review committee may, if it deems it advisable, refer any application for design review approval to the planning commission for its decision.

(Ord. No. 5537 § 2 (b), (c), 2004; Ord. No. 4643, 1993.)

Article 84. - Sign Regulations.

Sec. 26-84-005. - Purpose.

Purpose: to insure the stability and safeguarding of property values; to protect the investments, both public and private, in buildings and land; to preserve and improve the appearance of the county as a place to live and work; to encourage sound signing practices as an aid to business and for the information of the public; to prevent excessive and abusive signing; to reduce hazards and confusion to motorists and pedestrians; and to promote the public health, safety and general welfare.

(Ord. No. 4643, 1993.)

Sec. 26-84-010. - General sign provisions.

(a)

The provisions established by this section shall apply to signs in all base zoning districts. Signs shall further be regulated by additional provisions which may be set forth in other sections of this chapter. In addition, policies and criteria of the general plan, and any applicable specific or area plan, or local area development guidelines shall supersede the standards herein.

(b)

Any sign or advertising structure for which no regulations or provision in such ordinance stands applicable may be considered by the zoning administrator under the normal procedures and determinations of the use permit process, and the board shall approve or deny such applications in harmony and spirit with the purpose and intent of these regulations.

(c)

No person shall erect any sign regulated by this chapter without first obtaining the written consent of the property owner(s) upon which such sign is located and filing such written consent with the planning department.

(d)

No permit for any sign shall be issued and no sign shall be constructed or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines that prescribed by the laws of the state of California or rules and regulations duly promulgated by agencies thereof.

(e)

Prohibited signs. All signs not expressly permitted in Section 26-84-030 or exempt in this section are prohibited. Prohibited signs include, but are not limited to the following:

(1)

Signs in the form of banners, pennants, promotional flags and similar contrivances;

(2)

Signs that consist of, or include, any moving part of any flashing, blinking, animated, fluctuating or otherwise intermittent light;

(3)

Illuminated signs of such brightness as to create hazardous or annoying glare viewed by the general public;

(4)

Signs so located as to prevent free ingress and egress from any door, window or fire escape;

(5)

Signs erected at or near intersections in such a manner as to obstruct free and clear vision, or at any location where by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device;

(6)

Signs attached to trees and poles with the exception of campaign and political signs permitted in accordance with Section 26-84-030 and those placed by governmental agencies for public information purposes.

(f)

Exempt signs. The provisions of this chapter shall not apply to the following signs, nor shall the area of such signs be included in the area of signs permitted for any site or use.

(1)

Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance;

(2)

Signs of public utility companies indicating danger or which serve as an aide to public safety or which show the location of underground facilities or of public telephones;

(3)

Signs located in the interior of any building or within the enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-84-020. - Definitions.

As used in this article:

Appurtenant sign means any sign which directs attention to an occupancy, business, commodity, service or entertainment conducted, sold or offered only from the premises where the sign is maintained.

Area of sign means the entire area within a single continuous perimeter or geometric form or sphere enclosing the extreme limits of writing, representation, emblem or any figure or similar character excluding the necessary supports or uprights on which such sign is placed. Where a sign has two (2) or more faces, except where two such faces are placed back to back and are at no point more than two feet (2′) from one another, the area of all faces shall be included in determining the area of a sign. When only one (1) face of the sign is to be used for area calculations, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if two (2) faces are of unequal area.

Attached sign means any sign attached to, made a part of, or included on any building surface (also known as a wall sign).

Detached sign means any sign which is not an attached sign and which is supported primarily by one or more columns, uprights or braces placed in or upon the ground.

Directional sign means any structure for the purpose of furnishing direction to uses which are designated to accommodate tourists or other travelers, or a use which is of general public interest but excluding onsite information signs and real estate signs. Such signs shall indicate a point of change in travel, and shall not exceed thirty-two (32) square feet in area.

Directly illuminated sign means any sign designed to give forth artificial light directly or through transparent or translucent material from a source of light visible from the street, or abutting from property, including but not limited to exposed tubing neon signs.

Height of sign means the vertical distance from the uppermost point and used in measuring the area of a sign to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley (other than a structurally elevated roadway) whichever measurement permits the greater elevation of the sign.

Identification sign means any sign other than a bulletin board which serves to tell only the name, address and lawful uses of the premises upon which the sign is located and shall include name plates.

Indirectly illuminated sign means any sign whose illumination is reflected from its source by the sign display surface to the viewer's eye, the source of light not being visible from the street or from abutting property.

Off-site real estate sign means any sign advertising the sale, rental, lease or exchange of, and directions to, property other than that on which the sign is maintained.

On-site real estate sign means any sign advertising the sale, rental, lease or exchange of the premises on which the sign is maintained, including new development and subdivision signs.

Outdoor advertising sign means any off-site card, cloth, paper, metal, painted or wooden sign of any character (excluding appurtenant and directional signs) placed for outdoor advertising purposes, on the ground or onto any tree, wall, bush, rock, post, fence, building, structure or thing. The term "placed," as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing to, or making visible in any manner.

Outdoor advertising structure means an off-site structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed for advertising purposes. The term "placed," as used in this definition, includes erecting, constructing, maintaining, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing to or making visible in any manner.

Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs equipped with wheels, casters or rollers. Advertising displays affixed to, or being supported by, a vehicle are portable signs.

Reader board means any sign of permanent character, but with movable letters, words or numerals indicating the names of persons associated with, or events conducted upon, or products or services offered upon the premises upon which such sign is maintained. For purposes of this chapter, a reader board is considered an appurtenant sign.

Sign means any visual announcement, declaration, demonstration, display, illustration or insignia used to advertise, identify or promote the interest of any person, product or place of business when the same is placed out of doors in view of the general public.

Viticultural area sign means a sign to identify one or more wineries within an area recognized as an American Viticultural Area by the U.S. Department of Treasury, Bureau of Alcohol, Tobacco and Firearms (BATF).

(Ord. No. 4876 § 1, 1995; Ord. No. 4643, 1993.)

Sec. 26-84-030. - Permitted signs.

(a)

The following signs are permitted by this chapter and subject to the following regulations. Figure A, set out at the end of this section, summarizes the applicable permits required prior to placement of these signs. Where no permit is specified on Figure A, the applicable signs are not permitted; provided, however, that where the use of a parcel is a mobilehome park, signs may be permitted which conform to the provisions of Section 26-81-030(q)(17), subject to design review approval pursuant to Section 26-81-030(h), and provided further, that signs advertising the sale, exchange and rental of mobilehomes located inside mobilehome parks may be permitted in accordance with the provisions of state law.

(1)

On-site informational signs;

(2)

Directional signs;

(3)

Appurtenant signs;

(4)

Real estate signs;

(5)

Campaign and political signs;

(6)

Outdoor advertising signs and structures.

(b)

On-site Informational Signs. On-site informational signs which meet either of the following criteria are permitted without prior approval of a permit:

(1)

Not more than six (6) square feet in area having no advertising message and not exceeding six feet (6′) in height. Such signs shall bear only name, address, symbol and directing arrow to place of use.

(2)

Signs not exceeding two (2) square feet in area erected for the convenience of the public, such as signs identifying restrooms, entry/exit, public telephones, walkways and similar features and facilities.

On site informational signs not meeting either of the above criteria shall be treated as appurtenant signs and subject to Section 26-84-030(d).

(c)

Directional Signs. Directional signs shall be subject to approval of a use permit in the base districts indicated on said Figure A.

The requirement for use permits for directional signs may be waived only if such signs do not exceed eight (8) square feet in area. In the event of such waiver, the directional sign shall be subject to design review approval. In addition, the use permit requirement may be waived by the planning director for temporary (thirty (30) day) signs advertising events of community interest such as fairs, festivals, parades and the like.

(d)

Appurtenant Signs. Appurtenant signs shall be subject to design review approval in the base districts as indicated on said Figure A, and shall be subject to the following:

(1)

The number of appurtenant signs per parcel shall be limited to one (1) attached sign per building side which fronts onto a project access road. One (1) detached sign may be permitted in place of an attached sign.

(2)

A sign program shall be prepared for multiple occupancy buildings to ensure design consistency and to facilitate sign permit processing.

(3)

The size of appurtenant signs shall be compatible with the proposed use and surrounding land uses and shall not exceed thirty-two (32) square feet.

(4)

Monument style signs with landscaping provided at the base are recommended for detached appurtenant signs. The maximum height of monument signs shall be six feet (6′) above ground level.

(5)

Lighting. Internal illumination of signs shall be by low intensity lamps and shall be limited to letters and graphic elements, with the surrounding background opaque. Where signs are externally illuminated, adjacent roads and properties shall be screened from the light source.

The design review committee may approve signs which exceed the above standards where it is deemed appropriate in light of topography, vegetation or unique physical characteristics or design features.

Appurtenant signs in the MP (Industrial Park) district shall be permitted pursuant to the provisions of Section 26-44-030. Additional appurtenant signs and sign area beyond that specified in Section 26-44-030 may be allowed subject to issuance of a use permit. The use permit requirement may be waived pursuant to Section 26-88-010(g). In the event of such waiver, additional signs or sign area shall be subject to approval of the design review committee.

(e)

Real Estate Signs.

(1)

On-site real estate and recorded subdivision signs which meet the following criteria are permitted without prior approval of a permit:

(i)

It is located entirely within the property;

(ii)

It is unlighted;

(iii)

It is removed within fifteen (15) days after close of escrow, rental, lease or exchange has been accomplished;

(iv)

Such signs shall not exceed three (3) square feet for lots of less that ten thousand (10,000) square feet; six (6) square feet for lots of less than twenty thousand (20,000) square feet; twelve (12) square feet for lots less than one (1) acre; eighteen (18) square feet for lots of less than five (5) acres; twenty-four (24) square feet for lots less than ten (10) acres; and thirty-two (32) square feet for lots of twenty (20) acres or more;

(v)

A recorded subdivision shall be permitted sixty-four (64) square feet of sign area for temporary sign use, with the provision of additional sign area available through the use permit procedure. One (1) sign not exceeding six (6) square feet in area shall be permitted advertising the sale of a model home or lot for sale. All model home and lot for sale signs shall be removed when the home or lot is sold; provided, further that all signs shall be removed when all homes or lots are sold in the subdivision. Prior to placing the sign on the property or applying for a building permit, the applicant and the recorded owner(s) of the property shall furnish the planning department with written authority granting the county permission to enter upon the premises and remove the sign in the event the permit holder defaults upon the agreement to remove same.

(2)

Off-site real estate signs which are in place for no longer than three (3) days, are less than four (4) square feet in area, are less than four feet (4′) in height, are not illuminated and are not located along a designated scenic corridor, are permitted without prior approval of a permit.

Otherwise, off-site real estate signs shall be subject to approval of a use permit or zoning permit in the base districts as indicated on said Figure A. Notwithstanding said Figure A, all off-site real estate signs located along a designated scenic corridor shall require a use permit. Where such signs require a zoning permit, they are subject to the following criteria:

(i)

No more than two (2) single faced signs, nor more than one (1) double-faced wing type sign, each having a maximum of sixteen (16) square feet on each face, shall be permitted per parcel;

(ii)

They shall not exceed four feet (4′) in height;

(iii)

They shall not be illuminated;

(iv)

They shall be removed within ten (10) days after the close of escrow, lease or exchange has been accomplished. For new residential, commercial and industrial developments, all signs shall be removed within ten (10) days after the close of escrow for the remaining lot or unit in a subdivision, planned development or condominium project, or within ten (10) days after the lease of the remaining unit in a planned development or condominium project. In the event that all signs are not properly removed, a penalty may be imposed sufficient to cover the costs of removal;

(v)

The maintenance and removal of the signs shall be the responsibility of the applicant or his or her representative;

(vi)

They shall be erected in a safe manner in accordance with standards established by the building department;

(vii)

The zoning permit shall be subject to revocation upon failure to comply with the above conditions.

(f)

Campaign and Political Signs. Campaign and political signs may be permitted in any zoning district upon being issued a zoning permit and are subject to the following criteria:

(1)

No more than two (2) sixteen (16) square foot single-faced, nor more than one (1) double faced or wing type, maximum sixteen (16) square feet on each face, political or campaign sign is permitted, per parcel, in the R1 (single family residential) districts;

(2)

In all other zoning districts, two (2) single faced, or one (1) double faced, V-type political campaign sign, maximum thirty-two (32) square feet on each face is permitted, per parcel;

(3)

Prior to the erecting or posting of any political or campaign sign on private property, the candidate, campaign manager or sponsor shall contact the planning department to determine the applicable sign regulations. All signs shall be removed entirely within twenty (20) days of the close of the campaign. In the event that all signs are not properly removed, a penalty may be imposed sufficient to cover the costs of removal;

(4)

No signs shall be erected earlier than ninety (90) days prior to the election in which the candidate or measure will be voted upon. Signs on behalf of a political candidate who is successful in the primary election may be retained for the general election, provided they are properly maintained;

(5)

The maintenance and removal of the signs is the responsibility of the candidate, campaign manager or sponsors;

(6)

No detached sign shall be located closer to a road, street or common driveway than the property line and may not obstruct sighting distance for vehicle traffic;

(7)

No sign shall be placed so that the top of the sign is more than four feet (4′) above the top of a fence, and in no case, more than seven feet (7′) above the ground;

(8)

All sign structures shall be erected in a safe manner in accordance with standards established by the building department;

(9)

The zoning permit shall be subject to revocation upon failure to comply with the above conditions.

(g)

Outdoor Advertising Structures and Signs. Outdoor advertising structures and signs are subject to prior approval of a use permit only in the base districts as indicated on Figure A and are subject to, at a minimum, the following criteria. The use permit requirement for temporary (30-day) outdoor advertising signs for events of general community interest, such as fairs, festivals, parades and the like may be waived by the planning director.

(1)

Outdoor advertising structures or signs may be of a "V" or back-to-back type of construction and shall not exceed two (2) advertising displays facing in each direction.

(2)

No outdoor advertising structures or signs shall be erected or maintained closer than two thousand feet (2,000′) to any historical or national monument or shrine.

(3)

Outdoor advertising structures and signs located along roadways which are not designated as scenic corridors shall meet the following spacing requirements:

(i)

Outdoor advertising structures and signs along any freeway, expressway or limited access highway: no closer than one thousand feet (1,000′) from any other outdoor advertising structure or sign, with the distance to be measured parallel to the centerline of such highway;

(ii)

Outdoor advertising structures and signs in a business area not located along a freeway, expressway or limited access highway. no closer than two hundred feet (200′) to any other outdoor advertising structure or sign facing in the same direction, and on the same side of the highway;

(iii)

Outdoor advertising structures or signs in other that a business area, and not located along a freeway, expressway or limited access highway: no closer than five hundred feet (500′) from any other advertising structure or sign with the distance to be measured parallel to the centerline of the highway.

(4)

Outdoor advertising structures and signs along designated scenic corridors shall meet, at a minimum, the following design criteria, in addition to criteria (1) and (2) above.

(i)

The structure or sign shall be for on-site advertising purposes only;

(ii)

The advertising message shall be restricted to the name and location of the business or service;

(iii)

The structure or sign shall not exceed ten feet (10′) in height along the Highway 101 Scenic Corridor or six feet (6′) in height along all other scenic corridors;

(iv)

The size of the structure or sign shall be limited to that which is necessary to allow passing motorists to identify the location;

(v)

Landscaping shall be provided at the base of the structure or sign;

(vi)

The structure or sign shall consist of colors and materials which complement and blend in the surrounding landscape; bright colors should be avoided;

(vii)

Outdoor advertising structures or signs shall meet the following spacing requirements:

(A)

Along any freeway, expressway or limited access highway: no closer than two thousand feet (2,000′) from other outdoor advertising structure or sign facing in the same direction and on the same side of the highway;

(B)

In a business area not located along a freeway, expressway or limited access highway: no closer than five hundred feet (500′) from any other outdoor advertising structure or sign facing in same direction, and on the same side of the highway;

(C)

In other than a business area and not located along a freeway, expressway, or limited access highway: no closer than one thousand feet (1,000′) to any other outdoor advertising structure or sign measured parallel to the centerline of the highway.

(h)

Viticultural Signing.

(1)

Viticultural area signs shall be subject to approval of a zoning permit in the base zoning districts indicated in Figure A.

(2)

The maximum height of height of the sign is to be twenty feet (20′) above road grade, including the header.

(3)

The viticultural area signs are to be located on a six inch (6″) by six inch (6″) post.

(4)

Panels. No more than fifteen (15) panels with winery names are to be placed on the post. The panels shall not be more than one inch (1″) by six inches (6″) by thirty-six inches (36″).

(5)

Header. An oval header panel is to be located on top of the post with the name "Sonoma County," the name of the grape growing area and with a grape logo. It is to be made of similar construction to the winery panel not more than one inch (1″) by thirty inches (30″) by fifteen inches (15″).

(6)

Approval of all signs shall be conditioned on maintenance of the sign by the applicants of the zoning permit. If the sign is determined to be a hazard, the county may remove the sign without notice, hearing or compensation.

(7)

The sign shall not cause a visual obstruction, as defined in the state's outdoor advertising act.

(Ord. No. 4876 § 1, 1995; Ord. No. 4774 § 1(C), 1994; Ord. No. 4643, 1993.)

Figure A

Permitted Signs

By Type and Base Zoning District

Directional Appurtenant Real Estate Of-Site Campaign and
Political Signs
Outdoor Advertising
Structures and Signs
Viticultural Area
Signs
LIA UP DR ZP ZP ZP
LEA UP DR ZP ZP ZP
DA UP DR ZP ZP ZP
RRD UP DR ZP ZP ZP
RRDWA UP DR ZP ZP ZP
TP DR ZP ZP ZP
AR UP DR ZP ZP ZP
RR DR ZP ZP ZP
R1 DR UP ZP ZP
R2 UP ZP ZP
R3 UP ZP ZP
PC DR UP ZP ZP
CO DR UP ZP ZP
C1 UP DR UP ZP UP ZP
C2 UP DR UP ZP UP ZP
C3 UP DR UP ZP UP ZP
LC UP DR UP ZP UP ZP
RC UP DR UP ZP UP ZP
AS UP DR UP ZP ZP
K UP DR UP ZP ZP
MP see 26-422(C) UP ZP UP ZP
M1 UP DR UP ZP UP ZP
M2 UP DR UP ZP UP ZP
M3 UP DR UP ZP UP ZP
PF DR UP ZP ZP

ZP — Zoning District

DR — Design Review

UP — Use Permit

Article 86. - Parking Regulations.

Sec. 26-86-010. - Required parking.

All uses permitted in Chapter 26 of the Sonoma County Code shall provide on-site parking according to the following formulas.

Use Parking Spaces
(a) Bicycle Parking
All commercial, industrial and institutional uses permitted by this chapter 1 bicycle parking space per 5 spaces of required automobile parking
(b) Residential (except as otherwise specifed by this chapter)
One single-family dwelling 1 covered space
One duplex 2 covered spaces
One triplex 3 covered spaces
Single mobile homes 1 covered space/unit
--- ---
Travel trailer parks 1 space/10 coach sites
Condominiums and planned unit developments 1 covered space/unit plus 1 uncovered guest space/unit
Multi-family projects 1 covered parking space plus ½ uncovered guest parking space for each
dwelling unit. An additional ½ parking space shall be provided for each
dwelling unit having more than 2 bedrooms.
Micro-apartments 1 space per unit
Afordable housing projects provided pursuant to Section 26.89.050 (Density
bonus programs)
1 space for each studio or 1-bedroom unit; 2 spaces for each 2- or more
bedroom unit
Cottage Housing Developments 1 reserved space per unit, and 1 guest parking space for every 3 units or
portion thereof.
SRO facilities 1 space for every 2 SRO rooms, plus 1 space for the management unit or ofce
and 1 space for each employee, if any, on maximum shift.
Low-barrier navigation center 1 space for any management unit or ofce, 1 space/200 sq.ft. foor area of
ofce space, and 1 space for each employee on maximum shift.
Homeless shelters 1 space for any management unit or ofce and 1 space for each employee on
maximum shift.
Home occupations 1 parking space, in addition to that required by the residential use of the
property.
Live/work units 1 parking space, in addition to that required by the residential use of the
property. An additional parking space shall be provided for each non-resident
employee.
Work/live units 2 spaces/unit (need not be covered)
Senior mobile home parks 1 space per unit PLUS 1 guest parking space for every 3 mobile homes in
accordance with
Section 26-88-100 (Mobile home parks).
Family mobile home parks 2 spaces per unit PLUS 1 guest parking space for every 3 mobile homes in
accordance with
Section 26-88-100 (Mobile home parks).
(c) Medical ofces, clinics, hospitals and other facilities
Dental and medical clinics 1 space/200 sq. ft. of foor area whichever is greater
Veterinary hospitals and ofces 1 space/250 sq. ft. foor area
Major medical facilities; hospitals 1 space/250 sq. ft. foor area
Group care facilities and resocialization facilities 2 covered spaces
Medical cannabis dispensary 2 spaces, including at least 1 van-accessible space; plus 1 additional space for
every 200 square feet of gross foor area, plus 1 additional space for each
employee on maximum shift; but in no case less than 5 of-street parking
spaces
(d) Schools, colleges, universities
Kindergarten and nursery schools and day care centers 1 space/employee PLUS 1 space/10 children
Elementary and junior high schools 1 space/employee PLUS 1 space/8 students
Senior high schools 1 space/employee PLUS 1 space/6 students
Colleges, universities and institutions of higher learning; business and
professional schools and colleges; music and dancing schools
1 space/employee PLUS 1 space/3 students
Large family daycare At least 3 spaces which may include spaces provided to fulfll residential
parking requirements and on-street parking so long as it directly abuts the site.
(e) Places of public assembly
Auditoriums, community centers 1 space/4 seats or 1 space/75 sq. ft. foor area, whichever is greater
Libraries, museums, art galleries 1 space/300 sq. ft. foor area
Sports arenas, stadiums 1 space/4 seats
Dance halls 1 space/50 sq. ft. foor area
Theaters 1 space/4 seats
Private clubs and lodges 1 space/100 sq. ft. foor area
Churches, chapels 1 space/4 seats or 1 space/75 sq. ft. foor area, whichever is greater
Mortuaries, crematoriums and columbariums 1 space/4 seats in sanctuary
--- ---
(f) Recreational facilities
Gymnasiums 1 space/4 fxed seats
Skating rinks 1 space/100 sq. ft. foor area
Bowling alleys 5 spaces/alley
Golf courses 7 spaces/hole
Golf driving ranges 1 space/tee
Miniature golf courses 2 spaces/hole
Billiard and/or pool parlors 2 spaces/table
Swimming pools - public, private and commercial 1 space/100 sq. ft. pool area
Baseball parks 1 space/4 seats
Commercial stables and riding academies 1 space/3 horses
Auto race tracks, horse race tracks 1 space/4 seats
(g) Commercial facilities, ofces
General retail, except as otherwise specifed 1 space/200 sq. ft. foor area
Ofces including all county ofces, except as otherwise specifed 1 space/250 sq. ft. foor area with a minimum of 4 spaces
Stores selling furniture and major appliances only 1 space per 500 sq. ft. area
Hotels, motels and similar lodging 1 space/unit plus 1 space for manager
Bed and breakfast inns 1 space/guest room PLUS 2 spaces for the resident family
Motor vehicle sales 1 space/500 sq. ft. foor area or 1 space/2000 sq. ft. of outdoor sales area, with
a minimum of 4 spaces
Auto repair shops, body and fender shops 1 space/400 sq. ft. foor area
Self-serve laundries and dry cleaners 1 space/3 washing machines
Self-serve auto washes 2 spaces/stall
Barber shops, beauty and styling 3 spaces/barber or salons stylist, with a minimum of 4 spaces
Health studios 1 space/100 sq. ft. foor area
Contractor's storage yards 1 space/3000 sq. ft. lot area
Nurseries, retail 1 space/2000 sq. ft. site area PLUS 1 15′ × 30′ loading space/acre
Feed yards, fuel yards, material yards 1 space/2000 sq. ft. site area PLUS 1 15′ × 30′ loading space/acre
Banks 1 space/250 sq. ft. foor area PLUS 5 tandem land spaces/teller or teller station
Savings and loan and other fnancial institutions, title companies 1 space/250 sq. ft. foor area
Shopping centers 1 space/200 sq. ft. foor area
Use Parking Spaces
Cabinet, plumbing, heating, electrical shops 1 space/500 sq. ft. foor area
General business and professional ofces 1 space/250 sq. ft. foor area, with a minimum of 4 spaces
Antique shops, second hand sales 1 space/200 sq. ft. foor area,
Restaurants 1 space/60 sq. ft. dining area
Outdoor markets, fea markets, etc. 1 space/200 sq. ft. sales area, with a minimum of 4 spaces
All uses permitted in the MP (Industrial Park) District 1 space/2000 sq. ft. gross building foor area for warehousing
1 space/250 sq. ft. gross building foor area for ofce space for buildings
having 15,000 square feet or less of ofce space
1 space/275 sq. ft. gross building foor area of ofce space for buildings having
more than 15,000 sq. ft. of ofce space
1 space/500 sq. ft. of area devoted to manufacturing

(f)

A portion of the above required parking spaces shall be provided for disabled persons consistent with state and federal law.

(g)

Vehicular and bicycle parking requirements for all uses not specifically enumerated herein shall be determined by the zoning administrator or the planning commission.

(h)

In most cases where mixed uses are proposed, the required parking for the use with the most restrictive parking standard may be utilized to meet the above standards; provided, that the applicant can demonstrate the effectiveness of the parking plan in relation to the proposed uses, and provided that future changes in the use of the property are subject to review by the decision-making body so as to maintain the effectiveness of such plan. Otherwise, each proposed use shall be required to meet its applicable parking standard.

(i)

The above parking standards may be reduced when it has been satisfactorily demonstrated to the planning director or applicable decision-making body that fewer spaces will adequately serve the specific use or that the applicant has encouraged transit opportunities through one (1) or more of the following:

(1)

Participation in a comprehensive travel demand management (TDM) program including, but not limited to, provision of flex-time, carpooling, and transit passes such that VMT generated by the project is reduced;

(2)

Provision of transit stops and/or turnouts developed in cooperation with and approved by Sonoma County Transit;

(3)

Provision of amenities for bicyclists, bus riders, carpoolers and pedestrians beyond those required by this section.

(j)

The parking standards may be increased when it is determined that employee parking substantially reduces the number of spaces needed for customer use.

(k)

The director may waive the requirement for parking to be covered, subject to administrative design review in accordance with Article 82, only where consistent with the neighborhood character and where either:

(1)

topographic conditions and/or small lot size make the provision of covered parking infeasible; or

(2)

the parking area will be visually screened from adjacent lots and from the common roadway(s) serving the property.

(l)

An exception to the required parking may be made in cases of re-use of existing buildings located within urban service areas or unincorporated communities where it can be demonstrated to the satisfaction of the decisionmaker that the provision of parking meeting the above requirements is not feasible, and the use is of the same or less intensity than the previous use.

(m)

The parking required may be reduced by up to twenty percent (20%) of total required spaces when it has been satisfactorily demonstrated to the planning director or applicable decision-making body that:

(1)

adequate parking for the projected use is provided such that the public health and safety is not compromised; and

(2)

that such design provides greater sustainability through the incorporation of amenities to encourage alternative modes of transportation and VMT reduction to offset GHG emissions from vehicle trips; and/or

(3)

that the reductions are required in order to implement Low Impact Development (LID) parking lot design, including onsite retention and treatment of stormwater.

Examples include the provision of covered secured bike parking or bike lockers, showers and changing areas for employees, vegetated swales, and connections to Class I facilities. The parking required may be reduced by ten percent (10%) when at least ten percent (10%) of the total spaces are provided as covered by solar panels. These reductions may be combined but the total reduction in the required number of parking spaces may not exceed twenty percent (20%).

(n)

The decision maker may increase the allowable percentage of compact spaces to not more than fifty percent (50%) of the total number of required spaces when the increase is needed to facilitate the provision of solar panels, EV charging stations, LID provisions, covered bike parking, connecting trails and the like.

(o)

For the purpose of establishing minimum dimensions for parking spaces, a solar covering shall not cause the "covered parking space requirements" to be triggered in an existing parking lot in order that solar panels may be installed over existing spaces. For new parking areas, dimensions for parking spaces to be covered by solar panels shall be of adequate width to allow doors to open freely.

(p)

Notwithstanding, the allowable modifications to required parking spaces and dimensions outlined above do not apply to accessible spaces otherwise required by code.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6458, § XIII, 12-5-2023; Ord. No. 6297, § II(Exh. C), 12-10-2019; Ord. No. 6247, § II(Exh. G), 10-23, 2018)

Editor's note— Ord. No. 6247, § II(Exh. G), adopted Oct. 23, 2018, repealed the former § 26-86-010 and enacted a new section as set out herein. The former § 26-86-010 pertained to similar subject matter and derived from Ord. No. 4643, adopted in 1993; Ord. No. 5569 §§ 4, 6, 7, 8, 10, adopted in 2005; Ord. No. 5711 § 8 (Exh. I), adopted in 2007; Ord. No. 5715 § 2, adopted in 2007; Ord. No. 5883, § IV, adopted March 30, 2010; and Ord. No. 6046, § II(c), Exh. B, adopted Sep. 10, 2013.

Sec. 26-86-020. - Bicycle parking and support facilities.

(a)

For nonresidential projects with fifty (50) or more employees, covered bike parking or bike lockers shall be provided at the rate of one (1) secured, covered space or bike locker for every eight (8) employees. Each covered bicycle space shall be a minimum of three (3) feet in width and six (6) feet in length, and have a minimum of seven feet of overhead clearance. For each three (3) covered bicycle spaces or bike lockers provided, the required onsite parking requirement may be reduced by one (1) space. For each shower and changing area provided as set forth in the table below, the required parking may be reduced by three (3)spaces.

(b)

In addition to the bicycle parking requirements set forth in subsection 26-86-010(a), the additional support facilities shown in the table below are recommended for nonresidential projects with fifty (50) or more employees that are located both within a designated urban service area and within one half of one (½) mile of a Class 1 bikeway:

Recommended Shower and Changing Facilities
Type of Land Use Number of Showers with Changing Area Required for Specifed Building Floor Area in Gross Square Feet
1 Shower for Each Gender 1 Additional Shower for Each Gender
Commercial, Industrial, or Mixed Use
(Nonresidential Portion Only)
50,000 to 150,000 gross square feet Each 100,000 gross square feet over 150,000

(Ord. No. 6046, § II(c), Exh. B, 9-10-2013)

Article 88. - General Exceptions and Special Use Standards.[[35]]

Footnotes:

--- ( 35 ) ---

Editor's note— Ord. No. 6191, § II(Exh. A), adopted Jan. 24, 2017, amended the title of Article 88 to read as herein set out. The former Art. 88 was titled, "General Use and Bulk Exceptions—Building Lines."

Sec. 26-88-010. - General use provisions and exceptions.

The use regulations specified in this chapter shall be subject to the following general provisions and exceptions:

(a)

Public Transmission And Utility Lines. Public utility, transmission and distribution lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of obtaining a use permit; provided, that the routes of all proposed transmission lines shall be submitted to the planning commission for review and recommendation prior to acquisition of rights of way therefore or application to the public utilities commission.

(b)

Natural Resource Development. The development of natural resources as used within this chapter shall not be construed to mean the drilling of wells or other development or improvements made for the production of water for domestic or irrigation purposes by a person or persons not engaged in the business of furnishing or developing water.

(c)

Manufactured Home Storage. Manufactured homes for which zoning clearance for residential use has not been issued and which are in excess of eight feet (8′) in width and thirty feet (30′) in length may not be stored on any lot in any district other than in the C3, M1 M2 and M3 districts in compliance with adopted

regulations for such land use.

(d)

Christmas Tree Sales. Christmas tree sales may be permitted in the C, and M districts with a zoning permit provided, that the zoning permit is limited to a period not to exceed one (1) month.

(e)

Landfill Operations. Zoning permits may be issued for landfill operations utilizing imported material in any district only when the director is satisfied that there has been prior compliance with all other applicable provisions of this code and governing law, and that the filling will not be detrimental to neighboring property.

(f)

Entertainment Establishments. No dance hall, road house, night club, commercial club or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred feet (200′) to the boundary of any residential district unless a use permit is first secured in each case.

No adult entertainment establishment shall be established except in the C3 (general commercial) district and except subject to the following limitations:

(1)

A minimum of one thousand feet (1,000′) from any other adult entertainment business;

(2)

A minimum of one thousand feet (1,000′) from any residential zoning district.

(g)

Minor Land Use Alterations; Grading Within Waterways. Use permit procedures for minor land use alterations and additions or for grading and excavation within a waterway which is also exempt from Section 26A-3a(i) of the county surface mining ordinance may be waived when it is demonstrated to the satisfaction of the planning director that the addition/alteration will not be detrimental to the health, safety or welfare of adjacent land uses or properties or when such alterations are required by another public agency.

(Ord. No. 3436.)

(h)

Multifamily, Commercial And Industrial Uses Within Cities' General Plan Boundaries. The board of supervisors finds and determines that cities have a special and important concern with respect to multifamily (fourplex or larger), commercial and industrial uses that might be established in unincorporated portions of the county that lie within the boundaries of the various city general plans. It is possible that cities will annex at least some of such property in the future. When annexed, the development then existing on such property should be consistent with the particular city's development plan for the area. The procedure established in this section is intended to protect the integrity of city general plans and to permit development that is consistent with the most appropriate development plan for the area involved.

When multifamily (fourplex or larger), commercial or industrial uses are permitted uses under the applicable zoning district regulations, no zoning permit or building permit for any of such uses shall be approved unless:

(1)

The planning director sends a written notice to the affected city stating "the Sonoma County planning department will issue a zoning permit for a (use) on this property if written appeal is not received within twenty (20) days from the date of this notice;" and

(2)

The affected city does not file a written appeal with the planning director requesting a hearing before the planning commission within ten (10) days from the date notice is sent. In the event that the affected city does file a written appeal requesting a hearing before the planning commission within the required time period, the planning commission shall hold a hearing and the decision of the planning commission shall be based on whether the use requested by the application will be consistent with the various elements and objectives of the general plan and will promote the public health, safety, comfort, convenience and general welfare. Notice shall be given in the manner set forth in Section 26-92-050(a). If an appeal is taken to the board of supervisors, the board's decision shall be governed by the same standard.

This subsection shall apply only if both of the following conditions are met:

(i)

The property is within an existing city public sewer service area as shown on the map attached to the ordinance codified in this chapter and on file in the public works department, or within an area projected to be served by public sewers by the Sonoma County local agency formation commission or within the area designated on those certain maps submitted by cities as growth areas and adopted from time to time by the board of supervisors entitled "city-county permit referral maps;"

(ii)

The existing zoning and city general plan are not identical.

(i)

Outdoor Vendors. Outdoor vendors are authorized subject to the following standards:

(1)

All sales will take place at least twenty feet (20′) from the nearest property line, but in no case shall such sales take place within twenty feet (20′) from the edge of any road right-of-way.

(2)

Parking shall be designated for a minimum of three (3) automobiles, located at least twenty feet (20′) off the public right-of-way or twenty feet (20′) from the front property line with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

(3)

No freestanding signs shall be allowed. Two (2) attached signs shall be permitted no larger than sixteen (16) square feet each in area and not located within twenty feet (20′) of the public right-of-way.

(4)

The outdoor sales shall not be conducted in a manner so as to cause a traffic hazard to passing motorists due to poor visibility and/or inadequate sign distance for safe ingress and egress.

(5)

The area designated for outdoor vendor activities, excluding parking, shall not be greater than five hundred (500) square feet unless the zoning administrator finds that a larger area so designated will not be detrimental to the health, safety or general welfare of persons residing or working the area.

(6)

The use permit shall remain in effect for a maximum of one (1) year, after which approval of a new use permit will be required to continue. The planning director or designee may issue the second and subsequent use permit without a public hearing based upon evidence submitted by the applicant that the operation was conducted in compliance with the conditions and provision of the previous use permit. Uses not authorized by a valid use permit will be subject to abatement proceedings.

(7)

All applicable permits from other county departments shall be obtained prior to operating the outdoor vendor business on the premises.

(Ord. No. 3348.)

(j)

Open Space Easements. The board of supervisors may require, on appeal or otherwise, and the planning commission may recommend, as a condition of approval of a development application, the dedication of an open space easement on all or a portion of the property to be developed. Applications for development shall include, but not be limited to, applications for general plan amendments, specific plan amendments, rezonings, major and minor subdivisions, use permits or precise development plans. Prior to requiring an open space easement or an offer of easement pursuant to this section, the board or commission shall make one (1) of the findings set forth in subsections (j)(1) through (3) in addition to making the findings set forth in subsections (j)(4) and (5).

(1)

The area which is to be the subject of the open space easement is characterized by great natural scenic beauty; or

(2)

The existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development; or

(3)

The existing openness, natural condition or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources;

(4)

The imposition of the open space easement bears a reasonable relationship to the public welfare;

(5)

The acquisition of the scenic/open space easement is consistent with the general plan.

Open space easements exacted pursuant to this section may, at the discretion of the board or commission include, but not be limited to, any of the following:

(i)

A provision that the subject property shall be used only for those purposes which will maintain the existing open and scenic character of the property;

(ii)

A prohibition on the placing or erecting or causing the placement or erection of any new building, structure or vehicle intended for human occupancy or commercial purposes at the site;

(iii)

A prohibition of any act which will materially change the general topography or the natural form of the subject property;

(iv)

A prohibition on the division of the subject property into two (2) or more parcels under separate ownership by sale, gift, lease or otherwise except such divisions necessary for public acquisition;

(v)

A reservation of rights to the grantors for all uses not inconsistent with the restrictions specifically enumerated in subsections (i) through (iv), inclusive including the right to prohibit entry thereon by unauthorized persons;

(vi)

A reservation of rights to the grantor to develop water sources, including springs, and to lay, construct, repair and replace pipes and conduits for the transportation of water;

(vii)

A reservation of rights to the grantors to manage the land and its resources in a manner consistent with accepted principles of conservation practice;

(viii)

A reservation of rights to the grantor to use and develop the subject property from time to time for agricultural purposes.

Open space easements exacted pursuant to this section shall run with the land and shall continue until such time as the board of supervisors, at its discretion, abandons the county's right to the easement or, if the easement so provides, the easement expires in accordance with its terms.

Nothing contained in this section shall be construed to limit the authority of the county to exact, as an alternative, open space easements in accordance with the provisions of Government Code Section 51070 et seq. (Ord. No. 3606).

(k)

See Section 26-88-015, tree protection ordinance.

(l)

Area Design Review Committees. Where development is proposed on parcels which are subject to area design review committees which have been created by resolution of the board of supervisors, the following shall apply.

(1)

Prior to issuance of a building permit, the development plan will be reviewed and approved, conditionally approved, or denied by the planning director on the basis of site planning as it relates to designated open space or design policies of adopted general, specific or area plans or other such design criteria as may have been adopted by the board of supervisors.

(2)

Concurrent with the submittal of the development plan to the planning director, the owner shall submit the advisory recommendation of approval, conditional approval or denial of the local design review committee with jurisdiction over the parcel.

(3)

The planning director shall consider the advisory recommendation of the local design review committee but shall not be bound by it.

(4)

Discretionary decisions of the planning director approving, conditionally approving or denying a building permit pursuant to this section are appealable in accordance with Section 26-92-040.

(m)

Residential use of a travel trailer, recreational vehicle, manufactured home, or other transportable housing unit as defined and allowed in the California Building Code shall meet the following standards:

(1)

Parcel shall be at least six thousand (6,000) square feet in size.

(2)

One (1) or more temporary units may be allowed per parcel subject to the requirements of this subsection.

(3)

The temporary unit shall meet zoning setback requirements, scenic resource (SR) requirements, existing building envelope restrictions, and, where applicable, have approval from board or specific plan designated design review committees.

(4)

The temporary unit shall not be considered a separate residential unit for the purpose of density or calculating development impact fees (sewer system, park and traffic fees, etc.).

(5)

The temporary unit shall have an approved connection to the existing or expanded septic system or sanitary sewer system. The unit shall also have an approved connection to the existing well or a public water system. The temporary unit shall have an approved electrical and/or gas source per the model California Residential Code. If a connection to an existing septic or sewer system is not feasible, then a contract for hold and haul services for domestic waste may be substituted for connection to an existing septic or sewer system, where the hauler is in compliance with all state law requirements, including holding a valid registration issued by the California Department of Toxic Substances Control for the transport of hazardous wastes.

(6)

Prior to the renewal of a permit for a temporary unit allowed under this subsection. The applicant must submit an application at least thirty (30) days prior to expiration of the term of the issued temporary permit. Applicants for renewal who provided a hold and haul contract in lieu of connection to on site septic or sewer systems on the previous term must provide proof of unbroken service from the servicing contractor as well as a contract for the new permit term.

(7)

Within sixty (60) days of cessation of the residential use described in this subsection, all occupancy of the unit shall cease, and the temporary unit shall be disconnected from all utilities and/or sewage disposal systems. For temporary units allowed during the construction of a single family dwelling or accessory dwelling unit, this requirement shall be a condition of final occupancy on the building permit for new construction.

(8)

Following required disconnection of utility service, the temporary unit may only remain on the property if such storage is permitted under Chapter 26 and all other applicable laws.

(9)

A travel trailer, recreational vehicle, manufactured home, or transportable housing unit used as temporary housing under this section shall not be allowed on any lot with health and safety hazards, as determined in the discretion of the director.

(10)

The following standards shall apply to the use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit for residential use is allowed in one (1) of the following conditions:

i.

During the construction or major remodel/addition of a single family dwelling. A building permit for the proposed construction must be ready for issuance.

ii.

Prior to the application of a building permit for, or during the construction of an accessory dwelling unit as allowed by the primary and combining zoning districts and as defined in Section 26-88-060. These temporary units are not allowed in the Z accessory dwelling unit exclusion combining districts. Water supply must be demonstrated pursuant to Section 7-12 of this code.

iii.

An administrative permit for the residential use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit shall be obtained. Such permits shall expire one (1) year from the date of issuance. Application for a temporary permit, or renewal of a temporary permit, shall be accompanied by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth in this subsection.

(11)

The following standards shall apply to the use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit as a caregiver unit:

i.

Use of a travel trailer, recreational vehicle, manufactured home, or transportable housing unit as a caregiver unit shall be limited to residential use by an ill, convalescent or otherwise disabled friend or relative needing care from the occupant of the primary residence, or a friend or relative providing necessary care for an ill, convalescent or otherwise disabled occupant of a permitted permanent residential unit on site. The need for care shall be documented by a letter from a physician.

ii.

An administrative permit for residential use of a travel trailer, transportable housing unit, or recreational vehicle shall be obtained. Such permits shall expire one (1) year from the date of issuance. Permits may be renewed annually. Permit and renewal applications shall be accompanied by a written statement, signed by the applicant under penalty of perjury, that the use will conform to the standards set forth in this subsection. Renewal applications shall be submitted prior to permit expiration and shall include an updated letter from a physician.

iii.

The number of caregiver units is limited to one (1) per legally established primary dwelling unit.

iv.

The temporary caregiver unit shall not be rented, let or leased.

v.

No more than two (2) people may occupy the travel trailer or recreational vehicle.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 6458, § XIV, 12-5-2023; Ord. No. 6406, § IV(Exh. A), 3-14-2023; Ord. No. 5964, §§ VIII, IX, 1-31-2012; Ord. No. 5570 § 2, 2005; Ord. No. 5569 § 9, 2005; Ord. No. 5154 § 1(a), 1999; Ord. No. 5016 § 1(q), 1997; Ord. No. 4839 § 1(F), 1994; Ord. No. 4643, 1993.)

Sec. 26-88-015. - Tree protection ordinance.

The use regulations specified in this chapter shall be subject to the following provisions and exceptions related to tree protection:

A.

General Provisions.

Defined terms. As used in this Section 26-88-015:

a.

A reference to "this ordinance" is to Section 26-88-015.

b.

A reference to a "subsection" is to a subsection A.—E. of this ordinance, unless otherwise specified.

c.

"Housing development project" shall be defined as provided in Government Code, Sec. 65589.5(h).

The intent of this ordinance is to:

a.

Support essential community and ecosystem functions of trees by requiring their protection and requiring mitigations for their removal; and b.

Facilitate hazard reduction, forest health, and property maintenance by exempting qualifying activities from permits or mitigations.

Except as otherwise provided in this ordinance, land uses shall be designed to avoid the destruction of protected trees.

Permit requirement.

a.

Unless a use permit is required per subsection A.4.b. or an exemption applies under subsection B., a ministerial zoning permit is required for removal of protected trees.

b.

Unless an exemption applies under subsection B., a use permit is required for the following:

Removal of redwoods with single stem d.b.h. exceeding forty-eight inches (48").

Removal of oaks and other hardwoods with single stem d.b.h. exceeding thirty-six inches (36").

Use permits for large tree removal shall not be approved unless the decision maker makes the findings required by Section 26-92-080, mitigation is provided for as described in subsection E of this ordinance, and the tree removal is done in a manner that is in support of the intent of this ordinance.

5.

A permit application for removal of protected trees shall:

a.

Include a site plan for that parcel that (1) identifies the area of the parcel that encompasses the protected perimeter of protected trees proposed for removal, and (2) within that area additionally identifies the following:

Protected trees greater than six inches (6″) diameter at breast height (d.b.h.) proposed for removal or retention; and

Existing and proposed structures, including agricultural and residential accessory structures; and

Existing and proposed land uses; and

Existing and proposed accessory uses of the land; and

Existing and proposed building envelopes; and

b.

Specify the proposed plan for complying with subsection E. for mitigation, including a description of and all locations of proposed plantings; and

c.

Be accompanied by required application fees and include all other information that may be required on the application form or by the director, necessary to make determinations under this ordinance.

Interpretation and application.

a.

As applied to a housing development project, this ordinance shall accommodate development at the density and intensity allowed by the site's zoning and as permitted in compliance with applicable state law, including but not limited to the state density bonus law.

b.

Compliance with this ordinance shall not render a legal parcel undevelopable.

Preemption. This ordinance shall apply except to the extent preempted by state or federal law.

Housing development projects that qualify as "housing for very low-, low-, or moderate- income households," as defined in Government Code Section 65589.5(h), and by right housing development projects that are zoning compliant and located entirely within a general plan-designated urban service area, are not subject to mitigation required by subsection E of this ordinance.

9.

Compliance with this ordinance does not alleviate the need to comply with all other local, state, or federal requirements that may be applicable to tree removal, including any prohibitions, permits, approvals, or authorizations required by local, state, or federal resource agencies.

Permit Sonoma and the Department of Agriculture are authorized to enforce this ordinance.

B.

Exemptions. The following activities are exempt from this ordinance, subject to the limitations and exceptions specified for each activity:.

1.

Health and Safety Exemptions.

i.

Fire Risk Reduction.

1.

Protected tree removal that is no more than necessary to comply with fire safety laws and regulations, including tree removal required to comply with state or local defensible space requirements, including Sonoma County Code Chapter 13A and California Public Resources Code Section 4291.

2.

Protected tree removal that is no more than necessary to obtain or maintain property insurance coverage, when required by an insurance company that insures an occupied dwelling or occupied structure, and when in accordance with the requirements and restrictions of state law, including Public Resources Code section 4291.

3.

Fire risk reduction activities that results in protected tree removal when the activity or tree removal is documented to be directed, ordered, overseen, recommended, or approved by the public agency having fire protection responsibility for the area. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

4.

Fire risk reduction activities that results in protected tree removal when the activity or tree removal is undertaken by the county, CAL FIRE, or other public agencies. This includes prescribed or cultural burning projects. Nothing in this section is intended to modify the applicability of Section 26- 02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

5.

Protected tree removal authorized by a plan, program, project, or entitlement subject to direct oversight of the tree removal work by a governmental agency.

ii.

Emergency Operations. Protected tree removal or activities that may result in protected tree removal undertaken by public agencies during emergency operations or in post-disaster remediation. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

iii.

Hazardous, Dead, Dying, or Diseased Trees.

1.

Removal of a hazardous, dead, dying, or diseased protected tree is exempt from this ordinance if either of the following criteria are met:

a.

The removal of the hazardous, dead, dying, or diseased protected tree occurs inside the defensible space zone of a structure, as defined by County Code Chapter 13A and state law applicable to defensible space; or

b.

The removal of the hazardous, dead, dying, or diseased protected tree occurs outside of the defensible space zone of a structure, and (1) the tree is within striking distance of a structure, (2) the tree creates a potential health and safety hazard due to the risk of the tree falling, and (3) the tree is structurally unstable, and the structural instability cannot be remedied.

2.

Removal of a hazardous, dead, dying, or diseased protected tree that would otherwise require a use permit for tree removal, requires a ministerial zoning permit, and is otherwise exempt from subsection E., "Required mitigations for removal of protected trees," of section 26-88-015, if the following criteria are met:

a.

The hazardous, dead, dying, or diseased tree is over thirty-six inches (36") dbh;

b.

Tree removal will occur outside of the defensible space zone of a structure as defined by county code Chapter 13A and state law applicable to defensible space;

c.

The permit application demonstrates that a certified arborist or registered professional forester has determined that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

3.

The removal of a hazardous, dead, dying, or diseased protected tree subject to a ministerial zoning permit is exempt from subsection E., "Required mitigations for removal of protected trees," of this ordinance, if the following criteria are met:

a.

The permit application includes a written determination by a certified arborist or registered professional forester that concludes that the tree removal is necessary to protect life or property from the threat of harm caused by the tree.

4.

An application for a permit for removal of the hazardous, dead, dying or diseased trees required by this ordinance may be submitted within thirty (30) days after hazardous tree removal, where immediate removal was necessary for public health or safety reasons.

5.

The director may waive standards that are otherwise applicable to a permit application for removal of a hazardous, dead, dying, or diseased protected tree, upon findings that such waiver is necessary to comply with subsection A.6. of Section 26-88-015.

2.

Stewardship and Resource Management Exemption.

1.

Resource conservation, restoration, or enhancement projects. Protected tree removal for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects where a public agency takes full responsibility for the work or has approved or funded the work. Nothing in this section is intended to modify the applicability of Section 26-02-070 of Chapter 26, related to applicability of Chapter 26 to governmental units.

2.

Removal of protected trees provided for in a county approved oak woodland management plan, or forest management plan, natural communities conservation plan, habitat conservation plan, streamside conservation plan or similar conservation management plan as determined by the director.

3.

Forest Management Activities Exemption. Removal of protected trees is exempt from this ordinance if it meets any of the following criteria:

i.

Timber Harvest. The tree removal occurs as part of activities that are the subject of a valid timber harvesting permit approved by the State of California;

ii.

Timber Management. The tree removal occurs as part of activities that meet the definition of timber management on RRD or TP zoned parcels; or

iii.

Forestry Activities.

iv.

The tree removal occurs as part of activities defined in California Public Resources Code Sections 750 through 781 as forestry conducted on forested landscapes overseen by a registered professional forester.

4.

Pest Control Exemption. The protected tree removal occurs as part of selective vegetation removal that is part of an integrated pest management program administered by a state licensed pest control advisor.

5.

Maintenance of Existing Agricultural Activities Exemption. Unless otherwise specified, the following are exempt from this ordinance :

i.

Removal of protected trees no more than necessary to maintain existing grazing, livestock management, or similar agricultural production, not involving cultivation or structures, means: (1) maintenance of existing access roads; (2) maintenance of associated infrastructure; (3) activities necessary to maintain agricultural use of the existing agricultural operation. The intentional clearing of protected trees for the purposes of establishing new grazing or livestock areas is not exempt.

ii.

Removal of protected trees no more than necessary to maintain an existing cultivated agricultural crop area, as follows: (1) maintenance of existing access roads; (2) maintenance of drainage or drainage infrastructure; (3) maintenance of irrigation or irrigation infrastructure; (4) activities necessary to maintain agricultural use of the existing agricultural crop cultivation area, including planting, seeding, fertilizing, weeding, tree trimming, and harvesting.

iii.

Protected tree removal is not exempt from this ordinance if it is for the expansion of existing cultivation areas or the establishment of new cultivation areas into land not used for agricultural crop cultivation at the time this provision became effective, and no other exemption applies.

6.

Property Maintenance Exemption. Unless otherwise specified, the following are exempt from this ordinance:

i.

Residential maintenance activities. Protected tree removal no more than necessary for residential maintenance activities associated with a legally established residential structure or residential use, including maintenance of residential structures, fences, residential well and septic systems, and outdoor spaces used in conjunction with a residence, such as paths, yards, gardens, and landscaping.

ii.

Nuisance trees. Removal of a protected tree if it is or creates a nuisance. For the purpose of this exemption, nuisance means causing damage to improvements, such as but not limited to building foundations, retaining walls, roadways/driveways, patios, paths, sidewalks and decks, pipes, utility conduits, or otherwise interfering with the operation, repair, replacement or maintenance of public or private utilities.

iii.

Septic. Protected tree removal to allow an existing on-site sewage disposal system that poses a threat to human health or safety to be repaired or replaced, so long as no alternative option exists that would both cure the threat to human health and safety and avoid the protected tree removal.

C.Construction

Standards. Development permit applications proposing a project or activity involving disturbance on or within the protected perimeter of retained protected trees shall be subject to the following construction standards, unless the director waives one (1) or more standards and makes findings consistent with subsection A.6. of section 26-88-015:

1.

Protected trees, their protected perimeter and whether they are to be retained or removed are to be clearly shown on all improvement plans. A note shall be placed on the improvement plans that "Construction is subject to requirements established by Sonoma County to protect certain trees."

2.

Before the start of any clearing, excavation, construction or other work on the site, every tree designated for protection on the approved site plan shall be clearly delineated with a substantial barrier (steel posts and barbed wire , chain link fencing, orange construction fencing, or other exclusionary barrier) at the protected perimeter or limits established during the permit process. The delineation markers shall remain in place for the duration of all work. All trees to be removed shall be clearly marked. A scheme shall be established for the removal and disposal of brush, earth and other debris as to avoid injury to any protected tree.

3.

Where proposed development or other site work must encroach upon the protected perimeter of a protected tree, special measures shall be incorporated to allow the roots to obtain oxygen, water and nutrients. Tree wells or other techniques may be used where advisable. No changes in existing ground level shall occur within the protected perimeter unless a drainage and aeration scheme approved by a certified arborist is utilized. No burning or use of equipment with an open flame shall occur near or within the protected perimeter (except for authorized controlled burns).

4.

No storage or dumping of oil, gasoline, chemicals or other substances that may be harmful to trees shall occur within the protected perimeter of any tree, or any other location on the site from which such substances might enter the protected perimeter.

5.

If any damage to a protected tree should occur during or as a result of work on the site, the county shall be promptly notified of such damage. If a protected tree is damaged so that it cannot be preserved in a healthy state, the planning director shall require replacement in accordance with the arboreal value chart. If on-site replacement is not feasible, the applicant shall pay the in-lieu fee to the tree replacement fund.

D.

General Development Provisions. Development removing protected trees shall adhere to the following.

1.

Underground trenching for utilities shall avoid tree roots within the protected perimeter. If avoidance is impractical, tunnels should be made below major roots. If tunnels are impractical and cutting roots is required, it shall be done by hand-sawn cuts after hand digging trenches. Trenches shall be consolidated to serve as many units as possible.

Compaction within the protected perimeter shall be avoided.

3.

Paving with either concrete or asphalt over the protected perimeter should be avoided. If paving over the protected perimeter cannot be avoided, affected trees shall be treated as removed for purposes of calculating arboreal values.

4.

Wherever possible, septic systems and/or leachlines shall not be located on the uphill side of a protected tree.

5.

An application for a development permit that proposes removal of one (1) or more protected trees, or that would impact a protected tree, shall demonstrate that no feasible options are available to avoid removal or impacts to protected trees.

6.

Security posted for the purpose of insuring the proper construction of public or private improvements shall also include an amount sufficient to secure any requirements imposed pursuant to this section. In addition, security for potential tree damage shall be twenty-five percent (25%) of the amount posted for planned tree replacement. In lieu fees shall be paid prior to recording any maps. Such security shall not be released until protection requirements, including planting replacement trees, and any long term maintenance requirements have been satisfactorily discharged. The initial bond amount may be reduced to cover only the maintenance and replacement of trees after construction is completed.

7.

The Valley Oak-Quercus lobata shall receive special consideration in the design review and other discretionary permit processes to the extent that mature specimens shall be retained to the fullest extent feasible. Valley Oaks contribute greatly to Sonoma County's visual character, landscape, habitat, carbon sequestration and they provide important visual relief in urban settings. On existing parcels created without the benefit of an accompanying EIR, review shall focus on the preservation of Valley Oaks to the fullest extent feasible. Where such preservation would render a lot unbuildable, partial protection with accompanying appropriate mitigations developed by a certified arborist shall be incorporated into the project design. In such cases where only partial protection can be achieved, full replacement in accordance with the arboreal value chart shall be required.

E.

Required mitigations for removal of protected trees. Unless otherwise exempt, the removal of protected trees is subject to required mitigation, which shall be provided through tree replacements or in-lieu payment, consistent with the options provided in this subsection E.

1.

Option 1. Tree Replacement Using Arboreal Value Chart No. 1

2.

Option 2. In-lieu Payment. The following in-lieu payments apply:

a.

For tree removal requiring a use permit for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, payment amount shall be determined using a methodology for tree replacement cost contained in the most recent version of "Guide for Plant Appraisal" published by the Council of Tree and Landscape Appraisers or an alternative methodology of common practice acceptable to the applicable decision maker issuing the permit. Appraisal of cost shall be conducted by a qualified professional certified or licensed to make such determinations.

b.

For protected tree removal not subject to the use permit requirements for the removal of redwoods with a single stem forty-eight inches (48") DBH or larger or the removal of protected hardwoods with a single stem thirty-six inches (36") DBH or larger, the in-lieu payment shall be five hundred ten dollars ($510.00) per arboreal value point as determined by Arboreal Value Chart No. 1.

Arboreal Value Chart No. 1: To Be Used for Measuring Protected Trees Proposed for Removal

EXPAND

d.b.h. (inches) Removed
Trees
Weighted
Value
Arboreal
Value
6—12 1
Over 12—18 2
Over 18—24 3
Over 24—30 4
Over 30—36 5
--- --- --- ---
Over 36—42 6
Weighted values for trees that exceed the preceding size classes shall be based on the same increment established in this table (i.e. o
value point per 6" step in dbh.) For example, a tree with d.b.h. of over 48" to 54" shall have a weighted value of 8.
ne additional weighted

Total Arboreal Value

The arboreal value (the A.V.) is used to calculate the replacement number or in-lieu fee payment.

Chart No. 2 Complete Site Analysis

An applicant utilizing mitigation plantings shall (1) submit a plan that identifies the location of mitigation plantings on-site, off-site, or on a combination of on- and off-site locations; (2) submit a plan for monitoring of replacement plantings for survival; and (3) where off-site mitigation plantings are planned, in whole or part, submit evidence acceptable to the director that suitable on-site locations are not available. Where mitigation plantings are utilized, and off-site planting is permitted, off-site locations that are geographically close to the on-site location of tree removal are encouraged.

Arboreal Valuations. All trees to be replaced shall be the same native species as that removed unless specific approval has been granted by the director or the agricultural commissioner.

1 point A.V. = six 5-gallon trees (can be existing trees on site that are below 6″ d.b.h. if preservation methods are part of a development permit)
= two 15-gallon trees**
= $510 in-lieu fee
2 point A.V. = 24″ Box Tree**
= $1,020 in-lieu fee

** The large trees must come from nurseries where they have been irrigated.

*** Monitoring shall be required for a period of seven years to ensure that trees have survived. An annual report shall be prepared and submitted by the applicant to the Department identifying the status of mitigation plantings' survival. Any mortality that occurs during the reporting period shall be replaced.

In-lieu fees will be used to acquire and protect stands of native trees in preserves or place trees on public lands.

(Ord. No. 6478, § V(Exh. A), 4-30-2024)

Editor's note— Ord. No. 6478, § V(Exh. A), adopted April 30, 2024, set out provisions intended for use as Section 26-88-010(m). For clarity due to its length and to preserve the subsection numbering style, these provisions have been included herein as a new Section 26-88-015 at the discretion of the editor.

Sec. 26-88-020. - General lot area and width regulations and exemptions.

(a)

The use of land as permitted for the district in which it is located shall be permitted on a lot of less area or width than that required by the regulations for such district, unless the owner of such lot owns any contiguous lot, in which case such lots shall be treated as one lot; provided, however, that such lots shall not be treated as one (1) lot if any of the following four (4) conditions are met:

(1)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is served by public sewer and is at least five thousand (5,000) square feet in area;

(2)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is not served by public sewer and is at least twenty thousand (20,000) square feet in area;

(3)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to Williamson Act Agricultural Preserve Contract, and conforms to minimum income requirements set forth in the Agricultural Preserve Contract;

(4)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to timber preserve and is eighty (80) acres or larger.

(b)

For purposes of the section, "served by public sewer" means that a governmental agency providing sewer service states in writing and without qualification that it will provide sewer service to the subject property.

(c)

Contiguous parcels not conforming to subsections (a)(1), (2), (3) and (4) of this section may be merged into one (1) parcel subject to the provisions of Section 2612-030 of the subdivision ordinance.

(Ord. No. 4643, 1993.)

Sec. 26-88-030. - General height regulations and exceptions.

(a)

In an AR, RR, R1, R2, R3 or K district, no fence shall hereinafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

nafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

(Ord. No. 4643, 1993; Ord. No. 3180, § VI.)

Sec. 26-88-040. - General yard regulations and exceptions.

(a)

In the case of a through lot abutting on two (2) streets, no building shall be located so as to encroach upon the front yard required on either street. This provision may be waived for swimming pools when it is demonstrated to the satisfaction of the planning director that the location will not be detrimental to the health, safety or welfare of adjacent land uses or properties. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 3932.)

(b)

Any dwelling use to be located in any C district shall provide front, side and rear yards as required in the R3 district; provided, that this shall not apply to any dwelling use to be located over a commercial or industrial establishment.

(c)

Where irregular lot shapes prevent the direct determination of the area and yard requirements for a lot, the planning director shall make such determinations as necessary for the administration of this chapter.

(d)

In any case where an official plan line has been established as part of the street and highway plan, the required yards on the street side shall be measured from such official plan line, and in no case shall the provisions of this chapter be construed as permitting any structure to extend beyond any such official plan line.

(e)

In any case where a building setback line or building envelope has been established by a recorded parcel map, final subdivision map or a specific plan, and such setback is different from the setback required by the zoning district in which the parcel is located, the established building setback line cannot be waived by the planning director nor through a variance procedure.

(Ord. No. 3932.)

(f)

Protect and encourage agricultural production by establishing a buffer between agricultural production on lands either designated in one (1) of the three (3) agricultural land use categories in the general plan or lands included within the AR zoning district, where any such lands abut a nonagricultural land use conducted on land outside the three general plan land use categories. Generally, buffers shall be defined as a physical separation of one hundred (100) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, watercourse or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

dred (100) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, watercourse or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

Notwithstanding the provisions of Article 94 (nonconforming uses) where the imposition of the buffer creates a nonconforming condition, expansion or modification of such use may be permitted, provided that encroachment into the setback does not exceed that of the existing structure.

"Agricultural production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. No buffer or setback shall be created by the acquisition of a portion of a parcel devoted to an agricultural operation.

The provisions of this subsection (g) of this section shall only apply to discretionary permits which are either appealable pursuant to the chapter or over which the board of supervisors has original jurisdiction.

(g)

In any TP, LIA, LEA, DA, RRD, RRDWA, AR or RR district the required yard standards may be reduced when the planning director finds that such reduction(s) are appropriate in light of topography, vegetation or unique physical characteristics. In determining such findings, consideration will also be given to visibility from

public roads and adjacent properties. Such reduction shall not result in a front yard of less than ten feet (10′) for any garage or carport opening. The planning director may require a use permit or signatures from adjacent property owners.

(Ord. No. 4643, 1993.)

Sec. 26-88-050. - Building lines.

(a)

Building lines may be established for the purpose of determining building locations. Such building lines shall be indicated on the zoning maps.

(b)

Building lines shall be measured from the property line or adopted plan lines and shall supersede the front yard setback requirements of the zoning district within which the particular parcel(s) is located.

(c)

Building lines shall be established in the manner provided by Article 94.

(Ord. No. 4643, 1993.)

Sec. 26-88-060. - Accessory dwelling units.

(a)

Purpose. This section implements the requirements of Government Code § 65852.2 and the provisions of the general plan housing element that encourage the production of affordable housing by means of accessory dwelling units (ADUs).

(b)

Definitions. As used in this section:

(1)

"Multifamily" means a structure with two (2) or more attached dwellings on a single lot.

(2)

"Objective standards" mean numeric and/or fixed standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the public official prior to submittal.

(3)

"Primary residence" means an existing or proposed single-family dwelling or multifamily structure on the lot on which the ADU or ADUs is or are proposed to be established.

(4)

"Accessory structure" means a legally permitted structure that is accessory and incidental to a primary residence located on the same lot.

(5)

"Existing space" means floor area that is legally permitted or recognized as legal by the Director.

(6)

"Floor area" means the interior habitable area of the dwelling unit, including but not limited basements and attics, but does not include a garage or any accessory structure. Floor area shall be calculated by measuring the interior perimeter of applicable areas.

(7)

"Groundwater availability zone" means an area designated as Groundwater availability class 1, 2, 3, or 4 pursuant to the general plan water resources element and depicted on Sonoma County's groundwater availability map maintained by the permit and resource management department.

(8)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(9)

  • "Studio" means a dwelling unit in which the living area is not separated from the sleeping area.

(10)

"Major transit stop" has the same definition as specified in Section 21155 of the Public Resources Code.

(11)

"High quality transit corridor" has the same definition as specified in Section 21155 of the Public Resources Code.

(c)

Applicability.

(1)

ADUs shall be ministerially permitted in zoning districts that allow single-family or multifamily dwellings, in compliance with Government Code § 65852.2, the requirements of this section, and all other requirements of the applicable zoning district in which an ADU is permitted. The department shall approve or deny an application to create an ADU within sixty (60) days from the date it receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

(2)

On lots in LIA, LEA, DA, and RRD zoning districts, ADUs shall be permitted in conjunction with a primary residence, except where a lot is eligible for one (1) or more agricultural employee housing units and an application has been filed for an ADU, that lot shall be eligible for one (1) fewer agricultural dwelling unit. Where a lot contains the maximum agricultural dwelling units permitted on the lot, those units are deemed ADUs and no additional ADUs are permitted. Agricultural employee housing includes farm family dwelling units, caretaker units, year-round farmworker housing, or agricultural employee dwelling units.

(3)

ADUs are prohibited in the Z (accessory dwelling unit exclusion) combining district.

(4)

ADUs with water provided by a groundwater well or spring in class 3 and 4 groundwater availability zones shall be limited as follows:

(i)

In class 3 areas, ADUs shall be permitted only if:

(A)

The domestic water source is located on the subject lot, or a mutual water source is available; and

(B)

Groundwater yield is sufficient for the existing and proposed use, pursuant to Section 7-12 of the Sonoma County Code.

(ii)

In class 4 areas, or critical habitat areas as identified by the county and informed by state or federal agency publications of critical habitat areas for fisheries, an ADU shall be permitted only if:

(A)

Both requirements for class 3 areas, above, are met; and

(B)

The ADU can be shown to have a net zero increase in water usage on the lot, following the most recent guidance, policy, or procedure adopted by the director of Permit Sonoma.

(d)

Density. As provided by Government Code § 65852.2, ADUs do not exceed the allowable density for the lot on which the ADU is located, and are consistent with the general plan and zoning for the lot.

(e)

Permit Requirements. Construction permits (including, but not limited to, building, grading, well, septic, and sewer permits, as applicable) shall be required to establish an ADU. ADUs must comply with applicable building and fire codes, including providing evidence of adequate wastewater disposal capacity, water supply, access, and that any required permits have been obtained and all applicable fees have been paid. Water supply must be demonstrated pursuant to Section 7-12 of this Code.

(f)

Fees. Applicable development fees shall be charged proportionately by the square footage of the ADU in relation to the square footage of the primary residence. On a lot that contains a multifamily dwelling, the proportionality shall be based on the average square footage of the units within the multifamily dwelling structure. No fees shall be charged for ADUs of less than seventy hundred fifty (750) square feet.

(g)

Timing. An ADU is allowed on a lot with an existing or proposed primary dwelling unit. A certificate of occupancy for an ADU shall not be issued prior to a certificate of occupancy for the primary residence. Existing dwellings meeting the standards of this ordinance may be re-designated as an ADU, when a new primary dwelling unit is proposed, and with the approval of a zoning permit.

(h)

Development Standards.

(1)

Unit Type. An ADU may be attached to an existing primary residence, converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure.

(2)

Number of Units. The number of ADUs allowed on a single lot shall be:

(i)

On a lot that contains an existing or proposed single-family dwelling: One (1) ADU attached to a proposed single family dwelling or within the existing space of a single family dwelling or accessory structure, and one (1) detached, new construction ADU.

(ii)

On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to twenty-five percent (25%) of the existing units in the multifamily dwelling, but at least one (1), converted from existing non-livable space in a multifamily structure.

(iii)

On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.

(3)

Location. ADUs shall be located subject to the following setbacks, and in conformance with any easements and building envelopes:

(i)

Front Yard Setback: As established by the base zoning district, unless compliance with the setback would not permit an ADU of eight hundred (800) square feet, meeting applicable height standards, with four-foot side and rear yard setbacks.

(ii)

Side and Rear Yard Setbacks: Four (4) feet.

(iii)

No setback shall be required for an ADU converted from existing space within the primary residence or an accessory structure, or for an ADU constructed in the same location and to the same dimensions as an existing accessory structure.

(iv)

Riparian Corridor Setbacks. ADUs shall observe applicable setbacks of the riparian corridor (RC) combining district as provided in Article 65 of this Code. If the setback would not permit an eight hundred (800) square foot ADU that meets applicable height standards, then the ADU shall provide a minimum of four-foot side and rear yard setbacks and comply with applicable permit requirements for development within the riparian corridor setback. An application for an ADU proposed within the RC setback shall not be considered complete until the applicable permit for development within the riparian corridor setback is obtained.

(v)

ADUs shall adhere to subsection (m), construction standards.

(4)

Height.

(i)

Detached, new construction:

(A)

On lots with an existing or proposed single-family residence, ADUs shall be limited to the height limit for accessory structures established by base zoning district, except that the maximum allowed height shall not be less than eighteen (18) feet.

(B)

On lots with existing or proposed multifamily dwellings, ADUs shall be limited to eighteen (18) feet in height.

(ii)

Attached to the primary residence, or converted from existing space in the primary residence: The ADU shall comply with the height limit established by the base zoning district.

(iii)

Attached to or converted from the entirety of or a portion of an accessory structure: On lots with single family or multifamily dwellings, the ADU shall be limited to the height limit for accessory structures established by the base zoning district, except that the maximum allowed height shall not be less than eighteen (18) feet. An ADU created through the conversion of an existing accessory structure may include an expansion of no more than one hundred fifty (150) square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress. In general plan-designated urban service areas, and where the unit is proposed to be located above an accessory structure, the maximum height shall be that established for the primary dwelling in the base zoning district.

(5)

Unit Size.

(i)

Detached or attached to the primary residence or an accessory structure, new construction: The maximum floor area shall be one thousand two hundred (1,200) square feet.

(iii)

Converted from existing space in a primary residence or an accessory structure: The maximum size of an ADU created through the conversion of existing space shall be the dimensions of the structure plus an addition of no more than one hundred fifty (150) square feet to accommodate ingress and egress. An expansion greater than one hundred fifty (150) square feet may be permitted up to a maximum unit size of one thousand two hundred (1,200) square feet.

(6)

Lot Size. No minimum lot size shall be required.

(7)

Lot Coverage. The lot coverage limitation of the base zoning district shall be applied, unless compliance with lot coverage would not permit an ADU of eight hundred (800) square feet, meeting applicable height standards, with four-foot side and rear yard setbacks.

(i)

Parking. One (1) parking space shall be provided. The parking space for an ADU may be located in an existing driveway as tandem parking.

(1)

Parking requirements do not apply in any of the following instances:

(i)

Where the ADU is located within one-half (½) mile walking distance to a transit stop.

(ii)

Where the ADU is on a lot within the HD (historic district) combining district.

(iii)

Where the ADU is part of a proposed or existing primary residence or an existing accessory structure.

(iv)

When the ADU is located on a lot where on-street parking permits are required, but not offered to the occupant of the ADU.

(v)

When the ADU is on a lot located within one (1) block of a car share vehicle.

(vi)

The ADU is a studio.

(vii)

When an application for an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot.

(2)

Replacement parking shall not be required when a garage, carport, or covered parking structure is demolished in conjunction with construction of an ADU or converted to an ADU.

(j)

Standards for Conversions of Legal Nonconforming Residential Accessory Structures. ADUs converted from residential accessory structures determined to be legal nonconforming, pursuant to Article 94 of the Sonoma County Zoning Ordinance, shall be subject to the following requirements:

(1)

A legal nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure shall not be subject to setback requirements.

(2)

A legal nonconforming residential accessory structure that is converted to an ADU may be expanded to one thousand two hundred (1,200) square feet if the expansion will comply with the height limit and setbacks for new detached ADUs.

(3)

Expansion of floor area within a nonconforming setback is limited to ten percent (10%), or at least one hundred fifty (150) square feet if necessary to accommodate ingress and egress.

(k)

Standards for ADUs Used to Meet the Affordable Housing Program Requirement. In addition to the standards set forth above, an ADU that is proposed to be made available for rent to another household in compliance with Article 89 requirements shall meet the following additional standards:

(1)

Separate Parking and Pathway. A designated parking space and a path of travel into the ADU that does not cross the private yard space of the main home.

(2)

Doorways. No connecting doorways between the ADU and the main unit, except for a shared laundry room or vestibule; and

(3)

Yard. Provision of a separate yard or open space area from that of the main dwelling. For ADUs located above other structures, this requirement may be met through the provision of a deck with no dimension of less than six (6) feet.

(l)

Design Standards. ADUs involving addition of floor area shall meet all objective design standards that apply to the lot. No discretionary review or permits shall be required to establish an ADU.

(m)

Construction Standards. Not exclusive of other applicable state and local building and fire regulations, ADUs shall comply with the following requirements.

(1)

Structures within the state responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction.

(2)

Structures outside of the SRA must comply with building code regulations for fire-resistive construction, unless more restrictive standards are required pursuant to state law or regulation.

(3)

Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers. Fire sprinklers may be required if a structure containing an ADU is greater than one thousand two hundred (1,200) square feet.

(n)

Use Restrictions.

(1)

Ownership. ADUs may be rented but shall not be sold or otherwise conveyed separate from the primary residence, except as specifically provided for by state law.

(2)

Duration of Tenancy. ADUs may not be rented for periods of less than 30 days.

(Ord. No. 6458, § XV, 12-5-2023; Ord. No. 6352, § IX(Exh. A), 9-14-2021)

Editor's note— Ord. No. 6352, § IX(Exh. A), adopted Sep. 14, 2021, repealed the former § 26-88-060 and enacted a new section as set out herein. The former § 26-88-060 pertained to similar subject matter and derived from Ord. No. 6191, § II(Exh. A), adopted Jan. 24, 2017; Ord. No. 6222, § II(Exh. A), adopted May 8, 2018; Ord. No. 6285, § IV(Exh. B), adopted Sep. 17, 2019.

Sec. 26-88-061. - Junior accessory dwelling units.

(a)

Purpose. This section implements the requirements of Government Code § 65852.22 and the provisions of the General Plan Housing Element that encourage the production of affordable housing by means of accessory dwelling units.

(b)

Definitions. As used in this section:

(1)

"Single-family residence" refers to the existing or proposed dwelling unit within which the junior accessory dwelling unit is established.

(c)

Applicability. Junior accessory dwelling units (JADUs) shall be ministerially permitted in zoning districts that allow single-family dwelling units as permitted uses, in compliance with Government Code § 65852.22, the requirements of this section, and all other requirements of the applicable zoning district. The department shall act on an application to create an JADU within sixty (60) days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

(d)

Permit Requirements and Fees. Construction permits (including, but not limited to, a building, well, septic, and/or sewer permit) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements, or collection of impact fees.

(e)

Timing. A JADU may be established after or concurrently with the single-family residence.

(f)

Development Standards.

(1)

Number of Units. One (1) JADU is allowed per lot, within a single-family residence.

(2)

Unit Size. The floor area of a JADU shall not exceed five hundred (500) square feet. If the bathroom is shared with the single-family residence, it shall not be included in the floor area.

(3)

Location. A JADU shall be created from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

(4)

Access. A separate, exterior entrance to the JADU shall be provided.

(5)

Bathroom. A JADU may include separate sanitation facilities, or may share sanitation facilities with the single-family residence.

(6)

Kitchen. A JADU shall include an efficiency kitchen.

(g)

Use Restrictions.

(1)

JADUs may be rented but shall not be sold separate from the single-family residence.

(2)

JADUs may not be rented for periods of less than thirty (30) days.

(3)

The owner of the property must reside in either the single-family home or the newly created JADU.

(4)

Deed Restriction. The property owner shall record a deed restriction that:

(i)

Prohibits sale of the JADU separate from the single-family residence;

(ii)

Specifies that the deed restriction runs with the land and is enforceable against future property owners;

(iii)

Restricts the size and attributes of the JADU to those established by this section and Government Code § 65852.22; and

(iv)

Makes the county a third-party beneficiary of the deed restriction with the right to enforce the provisions of the deed restriction.

(Ord. No. 6352, § X(Exh. B), 9-14-2021)

Editor's note— Ord. No. 6352, § X(Exh. B), adopted Sep. 14, 2021, repealed the former § 26-88-061 and enacted a new section as set out herein. The former § 26-88-061 pertained to similar subject matter and derived from Ord. No. 6191, § III(Exh. B), adopted Jan. 24, 2017.

Sec. 26-88-063. - Cottage housing developments.

(a)

Purpose. This section implements the provisions of the General Plan Housing Element that encourage new types of housing to meet a wide variety of housing needs, and encourage infill projects on underutilized urban land. Cottage housing developments are a type of infill development intended to provide small-scale, clustered housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent low-density residential uses. This section allows up to three (3) units as interior conversion of a single-family home (attached cottage housing developments), or detached cottage housing developments, generally small, detached units clustered around common open space, designed with a coherent concept.

(b)

Applicability. This section applies to cottage housing developments where allowed by the base or combining zone.

1.

Cottage housing developments are allowed in the R1 (Low Density Residential) and R2 (Medium Density Residential) Zoning Districts, as provided in Articles 22 and 24 of this Code. Cottage housing developments must meet the development criteria of the base zone with the following additional standards and exceptions.

2.

Cottage housing developments may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a cottage housing development only if the single-family residence is included in the total floor area allowance per subparagraph (g)(2)(ii) below.

3.

Until January 1, 2023, cottage housing developments shall be limited within the Sonoma Complex fire perimeter as follows:

i.

One (1) per radius of four hundred feet (400') in Glen Ellen.

ii.

Prohibited in the Larkfield-Wikiup area within the fire perimeter.

(c)

Occupancy. Cottage housing units may not be rented on a transient basis (periods less than thirty (30) days).

(d)

Siting Requirements.

1.

Urban Service Area. The proposed site must be located within an Urban Service Area and be served by public sewer.

2.

Minimum parcel size. The minimum parcel size shall be eight thousand (8,000) square feet.

Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10') .

(e)

Parking. Cottage housing developments shall be subject to the parking provisions in Article 86.

(f)

Accessory structures that serve on-site users and are subordinate in use and scale to the cottages are allowed subject to lot coverage limitations of the base zoning district and design review.

(g)

Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:

1.

Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.

2.

Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes allowed by use permit.

(h)

Site Layout.

1.

Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

i.

Cottages should generally be no more than twenty-five feet (25') from the common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

2.

Orientation of Cottages. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.

(Ord. No. 6247, § II(Exh. I), 10-23, 2018)

Sec. 26-88-070. - Recycling collection and processing facilities.

The criteria and standards for recycling collection and processing facilities are as follows:

(a)

Permits Required.

(1)

No person shall place or permit placement, construction or operation of any recycling facility, including reverse vending machine, large or small collection facility, or light or heavy processing facility without first obtaining a use permit or design review approval pursuant to the provisions set forth in this section. Subject to the restrictions and requirements of this section, recycling collection and processing facilities may be permitted as set forth in the following table:

Type of Facility Zones Permitted Permit Required
Reverse vending machine LC, C1, C2, C3, PF, RC, M1, M2, M3, PC Administrative design review
Small collection facility LC, C1, C2, C3, PF, RC, M1, M2, M3, PC Administrative design review
Large collection facility C3, M1, M2, M3 Use permit
Light processing facility C3, M1, M2, M3 Use permit
Heavy processing facility M2 Use permit

(2)

A planned community (PC) district may expressly permit or prohibit recycling facilities. Where a PC district does not specifically address such facilities but allows uses permitted in the C1, LC, RC, C2, C3, PF, M1, M2 districts, reverse vending machines and small collection facilities may be permitted with an administrative

design review permit.

(3)

A single administrative design review permit may be granted to allow more than one reverse vending machine or more than one small collection facility, even if located on different sites, pursuant to the following criteria:

(i)

The operator of each of the proposed facilities is the same;

(ii)

The proposed facilities are determined by the director of planning to be similar in nature, size and intensity of activity;

(iii)

All of the applicable criteria and standards set forth in this section are complied with.

(b)

Reverse Vending Machines. Reverse vending machines shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial or public facility use, which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to Sonoma County fire code, Uniform Building Code and zoning ordinance;

(2)

Shall, when associated with a commercial or industrial use, be located within thirty feet (30′) of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation;

(3)

Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered;

(4)

Shall be clearly marked to identify the type of material to be deposited;

(5)

Shall have a sign area of a maximum of four (4) square feet and sign(s) shall be attached to the machine;

(6)

Shall be no more than eighty (80) cubic feet in bulk and no more than eight feet (8′) in height per machine;

(7)

The operator of the reverse vending machine and the operator of the primary use, on a daily basis, shall remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines;

(8)

Reverse vending machines located within a structure in which the primary use is located shall not require any permits under this section;

(9)

Where a reverse vending machine is located nearer than fifty feet (50′) to a residential property, structure barriers shall be provided to reduce noise impacts;

(10)

Reverse vending machine operation may be limited to the hours of operation of the host use.

(c)

Small Collection Facilities. Small collection facilities shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial use institutional or community facility public facility use which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to the Sonoma County fire code, Uniform Building Code and zoning ordinance;

(2)

Containers shall be constructed and maintained with durable waterproof, rustproof and fire resistant material and shall be covered at all times when not attended;

(3)

Containers shall be clearly marked to identify the type of recyclable materials which may be deposited. A sign shall be displayed stating that no materials shall be left outside designated containers;

(4)

Facilities shall be clearly marked to identify the name and telephone number of the facility operator;

(5)

The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;

(6)

The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities;

(7)

The facility shall be set back at least twenty feet (20′) from any street or right-of-way;

(8)

The facility shall not impair the landscaping required for any concurrent use or any permit issued pursuant thereto;

(9)

The noise level for the collection facility shall not at any time exceed fifty-five (55) dBA as measured at the property line of any residentially zoned or residentially used property, and shall not exceed sixty-five (65) dBA;

(10)

The facility shall not include power-drive sorting and/or consolidation equipment such as crushers, balers or bulk reverse vending machines;

(11)

Signs may be provided as follows:

(i)

Maximum sign area shall be four (4) square feet,

(ii)

No illuminated signs, and

(iii)

Signs must be consistent with the character of the location;

(12)

Use of the facility for collection or disposal of refuse or hazardous material is prohibited;

(13)

The facility shall be removed from the site no later than the date following expiration of the zoning permit for the primary use of the property or the state certification permit, whichever expires earlier;

(14)

The facility shall be in operation only during the hours of operation of the primary use, unless permission is otherwise given by the operator of primary use;

(15)

The facility shall conform to all development regulations for the zoning district in which it is located;

(16)

The occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

(i)

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation,

(ii)

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site,

(iii)

The use permit or design review approval will be reconsidered at the end of eighteen (18) months.

If the conditions set forth in subsections (c)(16)(i) through (iii) of this section exist, a reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a priority commercial or industrial host use:

Number of Available Parking Spaces Maximum Reduction
0-25 0
26-35 2
36-49 3
50-99 4
100+ 5

For a primary institutional use. A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the primary use;

(17)

The facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins or enclosures intended as receptacles for such materials;

(18)

Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to all types of beverage and food containers made from aluminum, nonaluminum metal, glass and plastic, and in appropriate circumstances the county may require collection of all types of recyclable materials as a condition of design review approval. Small collection facilities may collect newspapers and cardboard in containers constructed of nonflammable materials.

(d)

Large Collection Facilities. Large collection facilities shall meet the following conditions:

(1)

The facility will be screened from the public right-of-way and adjacent properties zoned, planned or used for residential purposes by operating in an enclosed building or:

(i)

Will be located within an area enclosed by an opaque fence at least six feet (6′) in height with landscaping;

(ii)

Will meet all the noise standards set forth in subsection (d)(7) of this section.

(2)

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(3)

Materials stored outside shall be bailed, palletized, densified or in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire district, California Department of Forestry and the Sonoma County public health department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(4)

The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

(5)

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(6)

In addition to the parking spaces required in subsection (d)(5) of this section, one (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

(7)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not otherwise exceed seventy (70) dBA.

(8)

If the facility is located where it abuts property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(9)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(10)

Unattended donation areas will be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

(11)

The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone. Directional signs, bearing no advertising message, may be installed with the approval of the planning director, if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(12)

Power-drive processing, including aluminum foil and can compacting, bailing, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process where noise standards can be shown to be complied with.

(13)

Other conditions may be required in connection with the use permit process.

(e)

Light and Heavy Processing Facilities. A light or heavy processing operation shall meet the following conditions:

(1)

The facility shall be screened from the public right-of-way and adjacent properties zoned, planned or occupied for residential use.

(2)

Processors will operate in a wholly enclosed building except for incidental storage, or shall operate within an area enclosed on all sides by an opaque fence or wall not less than eight feet (8′) in height and landscaped on all street frontages.

(3)

Power-drive processing shall be permitted, provided noise level requirements of subsection (e)(11) of this section are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

(4)

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and may not shred, compact or bale ferrous metals other than food and beverage containers.

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

Materials stored outside shall be baled, palletized, densified or shall be in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the local fire district, Department of Forestry and Department of Public Health. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis, and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Parking space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where the planning director determines that a lesser amount is surrounding business and public safety.

(10)

In addition to the parking required by subsection (e)(g) of this section, one (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

(11)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy (70) dBA.

(12)

If the facility is located within five hundred feet (500′) of property zoned or planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(14)

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited.

(15)

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level shall intrude on neighboring properties.

(17)

Other conditions may be required as part of the use permit process.

(Ord. No. 4643, 1993.)

Sec. 26-88-080. - Reserved.

Editor's note— Ord. No. 6335, § II, adopted Feb. 9, 2021, repealed § 26-88-080, which pertained to large family day care and derived from Ord. No. 4643, adopted in 1993.

Sec. 26-88-085. - Agricultural farmstays.

(a)

Agricultural farmstays shall be permitted only in compliance with the requirements and standards of this section and all other requirements of the applicable zoning district, subject to the issuance of a zoning permit. The zoning permit shall expire upon sale or transfer of the property or upon the owners moving their primary residence off the property, unless there is a tenant farmer continuing to operate the farm and farmstay.

(b)

Performance Standards.

(1)

Where Allowed. Agricultural farmstays shall only be located on parcels that produce commercial agricultural products. The agricultural farmstay lodging and meals shall be incidental and secondary to the primary agricultural operation.

(2)

Dwellings Allowed. Agricultural farmstays shall be provided in a legally established residence or guest house as defined in Section 26-02-140. Agricultural farmstays shall not be located within agricultural employee housing, seasonal or year-round farmworker housing, farm family dwellings, or accessory dwelling units. Tents and recreational vehicles (RVs) are not allowed as a part of an agricultural farmstay. Only one (1) farmstay is allowed per agricultural enterprise in compliance with the permitted residential density.

(3)

Owner/Operator in Residence. The owner of the land on which an agricultural farmstay facility is located, or a tenant farmer, shall reside on the property. A homeowner's exemption from property tax or lease agreement may constitute evidence of this requirement.

(4)

Maximum Number of Bedrooms and Guests. Agricultural farmstay establishments may have a maximum of five (5) bedrooms or sleeping rooms. The maximum overnight occupancy for agricultural farmstays shall be two (2) persons per sleeping room or bedroom. Children under three (3) years of age shall not be counted toward occupancy. If a lower limit is stated on the applicable septic permit, the maximum overnight occupancy shall be that stated on the septic permit.

(5)

Food Service. An agricultural farmstay facility may serve food or meals at any time, but only to registered guests. The price of food shall be included in the price of the lodging. An agricultural farmstay facility that serves food shall maintain a food facility permit as required by the Health and Safety Code.

(6)

Agricultural Promotion. The operator of the farmstay establishment shall engage in a program of agricultural promotion and guest education regarding the agricultural activities on-site and in the area, and may include active participation in the on-site agricultural activities as part of the consideration for the lodging. An Agricultural Promotion Plan shall be prepared and submitted with the farmstay application that demonstrates the primary use of land is agriculture and that the use promotes and educates guests about local agriculture.

(7)

Noise Limits. All activities associated with the agricultural farmstay shall meet the standards contained in Table NE-2 and Policy NE-1c of the General Plan Noise Element.

(8)

Events. Non-agricultural activities, agricultural promotional events and cultural events that involve more than the registered farmstay guests are not allowed, except that occasional cultural events, such as parties, weddings or other similar activities may be permitted with a cultural event zoning permit up to four (4) times per year, but for no more than two (2) years in a row.

(9)

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning and suitably sized septic system or sewer connection for the farmstay. In some cases, a per-room sewer fee may be applied.

(10)

Transient Occupancy Tax. The agricultural farmstay owner shall maintain a transient occupancy tax (TOT) license and remain current on all required TOT reports and payments. The owner or authorized agent shall include the TOT certificate number on all contracts or rental agreements, and in any advertising or websites.

(Ord. No. 6255, § I(Exh. A), 1-8-2019; Ord. No. 5964, § X, 1-31-2012)

Sec. 26-88-086. - Marketing accommodations.

(a)

Purpose. This section provides standards for permitting of private marketing accommodations for use by distributors, investors, partners and owners of the processing facility for short term occupancy related to the agricultural operation. These standards are intended to ensure that marketing accommodations are compatible with and do not adversely impact surrounding agricultural uses.

(b)

Applicability. Marketing accommodations shall only be located on parcels where the use promotes or markets agricultural products processed on the site and complies with applicable policies of the General Plan Agricultural Resource Element. Marketing accommodations shall not be permitted within accessory dwelling units, or in structures with County covenants or agreements restricting their use including, but not limited to, affordable housing units, agricultural employee units, farmworker housing, or farm family units.

(c)

Where Allowed. Marketing accommodations are allowed in agricultural and resource zones. Marketing accommodations are not allowed on properties where hosted rentals or vacation rentals are present.

(d)

Maximum Number of Units. No more than two (2) marketing accommodation units are allowed per winery operation or processing operation.

(e)

Size of Unit. Each marketing accommodation shall not exceed six hundred forty (640) square feet in size and shall not include a kitchen.

(f)

Performance Standards.

(1)

No Commercial Use. Marketing accommodations shall not be rented for transient occupancy or used commercially as part of direct to consumer promotions.

(2)

Noise Limits. All activities associated with the marketing accommodation shall meet the standards contained in Table NE-2 and Policy NE-1c of the General Plan Noise Element.

(3)

Structures. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a marketing accommodation.

(4)

Affordable Housing. Marketing accommodations shall not be permitted within accessory dwelling units, nor in structures or dwellings with county covenants or agreements restricting their use including but not limited to affordable housing units, agricultural employee units, or farmworker housing.

(5)

Temporary Structures Prohibited. Tents, yurts, RVs, and other provisions intended for temporary occupancy are not allowed as a part of a marketing accommodation.

(6)

Williamson Act. Any such use on a parcel under a Williamson Act contract must establish that the marketing accommodation is consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations

(Ord. No. 6255, § II(Exh. B), 1-8-2019)

Sec. 26-88-090. - Manufactured homes placed on permanent foundations.

(a)

Purpose. To increase the supply of housing and variety of housing types available to the public by establishing a method for placement of manufactured homes on permanent foundations on individual lots, while architecturally integrating the mobile home into the surrounding neighborhood.

(b)

Application. One (1) manufactured home per lot is permitted pursuant to subsection (c) of this section, wherever the single-family dwelling is permitted, provided that no other residential structures exist on the property. Additional manufactured homes, or manufactured homes which constitute additional residential units, may be permitted pursuant to this section where additional single-family dwellings are permitted, subject to obtaining a use permit or use permit waiver.

The provisions of this section shall not apply to the J (manufactured home exclusion) or HD (historic combining) districts, nor shall these provisions apply to manufactured homes used to house full-time agricultural employees where not placed on a permanent foundation. Manufactured homes in the SD combining district will require design review.

(c)

General Requirements.

(1)

Effect of Locating a Manufactured Home on a Permanent Foundation System. A manufactured home which has been placed on a single lot and on a permanent foundation system pursuant to this section shall be deemed to be a single-family dwelling, and subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

(2)

Construction Standards. A manufactured home shall not be located on a permanent foundation system on a single lot unless:

(i)

(A)

It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and less than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; or

(B)

It is factory-built housing as defined in California Health and Safety Code Section 19971; and

(ii)

It has not been altered in violation of applicable codes.

(Ord. No. 2985, § 2.)

(d)

Criteria. In the LIA, LEA, DA, RRD, RRDWA, TP, RR, AR, R1, R2, R3 and PC districts, manufactured homes placed on permanent foundations shall:

(1)

Be occupied only as a residential use type in compliance with all applicable regulations;

(2)

Be subject to all provisions of this chapter applicable to residential structures;

(3)

Have a minimum width of twelve feet (12′), not including "expander";

(4)

Be covered with an exterior material (including wood, stucco, masonite and horizontal "lap" siding) customarily used on conventional dwellings and approved by the planning director. The exterior covering materials shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering materials need not extend more than six inches (6″) above finished grade;

(5)

Have a roof with a pitch of not less than three inches (3″) vertical rise for each twelve inches (12″) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the planning director;

(6)

Have eaves of a conventional design.

(Ord. No. 2985, § 2.)

(e)

Installation of Manufactured Home.

(1)

Surrender of Registration. Subsequent to applying for the required building permits and prior to occupancy, the owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to Section 18550(b) of the Health and Safety Code.

(2)

Compliance. The directors of building and planning shall determine that the project is in compliance with all requirements and conditions of the building permit prior to issuing final approval for occupancy.

(3)

Building Permit. Prior to installation of a manufactured home on a permanent foundation system the manufactured home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code.

(Ord. No. 4643, 1993.)

Sec. 26-88-100. - Mobile home park standards.

(a)

Design and Development Standards. All mobile home parks where approved by a use permit in the R1, R2, R3 or PC district shall be developed in conformance with the minimum design and improvement standards in this section.

(b)

Design Review. All mobile home parks shall be subject to design review in accordance with Article 82.

(c)

Submittal of Plans. Development plans shall be submitted to the director at least ten (10) days prior to application for those permits required by Section 18500 of the Health and Safety Code or its successors, and any other pertinent permit requirements of the county and the Department of Housing and Community Development of the state.

Detailed drainage plans shall be submitted to and approved by the county water agency.

(Ord. No. 1928.)

(d)

Expansion and Staged Development. Development may be in stages so long as each stage meets the minimum standards of this section.

(e)

Density. The maximum permitted residential density for a mobile home park shall be one hundred thirty-five percent (135%) of the density established on the zoning map.

(f)

Park Area. No mobile home park shall be less than three (3) acres in area within the R1 Low Density Residential Zone District, or less than two (2) acres in area within the R2 Medium Density Residential and R3 High Density Residential Zones.

(g)

Setbacks. All structures and mobile homes shall maintain setbacks from the exterior property lines of the mobile home park in accordance with the regulations of the applicable zoning district; provided, however, that a setback of at least twenty feet (20′) shall be maintained from all exterior public roadways, so as to allow for fencing and landscaping in accordance with subsection (p) of this section.

(h)

Parking. Mobile home parks shall provide parking pursuant to Article 86, Parking. At least one (1) guest parking space shall be provided within a designated guest parking bay for every three (3) mobile homes. Guest parking shall be dispersed in parking bays throughout the development, and shall be in addition to the parking requirement which may be made for a community or recreational building commonly open to visitors. Where the interior streets of a mobile home park do not allow for parking on both sides, scattered parking bays of a minimum nine feet (9′) depth and containing from three (3) to five (5) visitor parking spaces are required to meet fire safe accessibility standards.

(i)

Recreational Space. Each mobile home park shall provide recreational space in accordance with applicable zoning district regulations for residential developments of similar size. Such recreation space may be provided as outdoor or indoor space, and may include such facilities as community swimming pools and other active recreational facilities, common landscaped and accessible walkways, developed recreational trails, parcourses, play areas and picnic areas, and indoor community gathering facilities. In no case shall credit toward the required minimum recreational area be granted for roadways, fire lanes, or parking areas. Recreation space design and location shall be approved by the director.

(j)

Utilities. All utility distribution facilities, including but not limited to electric, communication and cable television lines, installed in and for the purpose of supplying service to any mobile home park shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. The developer is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(k)

Storage Facilities and Garbage Collection. A minimum three-foot (3′) by five-foot (5′) by five-foot (5′) cabinet for storage shall be provided within the rear yard, or within the rear half of a side yard, on each site. Adequate trash enclosures and facilities for park residents which allow for the source separation and collection of household recycling and garbage collection shall be provided to the satisfaction of the director.

(l)

Accessory Uses. Accessory uses are those uses that are incidental to the original use, exist for the sole purpose of service to residents, are customarily found in multiple-family development, and do not alter the character of the original use. Any structure used for an accessory use shall meet all requirements for a main structure. Allowable accessory uses include vending machines, a common car wash, storage area for travel trailers and boats, a management facility, recreational facility, and other uses which in the opinion of the director are of a similar nature.

(m)

Occupancy of Recreational Vehicles (Travel Trailers). In the R2 or R3 zoning districts, and where allowed by the HCD license and the use permit, short-term overnight use of recreational vehicles may be permitted where adequate sewer and water hook-ups, parking capacity, and compliance with all applicable health and safety and building codes can be shown. In each case, such proposed use shall be included in the application for use permit so that compatibility may be reviewed. All such recreational vehicle spaces shall be designated on the development plan and shall be separated from permanent mobile home spaces. Overnight use of recreational vehicles or travel trailers in mobile home parks located within the R1 or PC zoning districts is prohibited.

(n)

Storage of RVs, Boats, Recreational Vehicles and Travel Trailers. In the R2 or R3 zoning districts, the storage of RVs, boats and travel trailers owned by permanent park residents may be permitted with a use permit. Any areas proposed for the storage of recreational vehicles (RVs, boats, and/or travel trailers) owned by permanent park residents shall be shown on the development plan. The storage area shall be fully screened, shall have no public access, shall allow only limited access by park residents, and shall be fenced and otherwise secured at all times.

(o)

Walls, Fences, etc. A six-foot (6′) wall, fence or landscape screen may be required along all perimeter boundaries of the mobile home park. The decision making body shall make a determination on the requirement for this fence on the basis of aesthetics and compatibility with surrounding proposed and existing development. Where a screening wall is required along a public street, it shall be placed fifteen feet (15′) from the public right of way, in order to allow buffer landscaping to be placed outside of the fence and adjacent to the public street. Such wall or fence, if required, shall not be less than forty-two inches (42″) in height nor greater than six feet (6′) in height.

(p)

Landscaping. All open or common areas, excluding mobile home sites, shall be landscaped and maintained. At least forty percent (40%) of all the open or common areas shall be landscaped with live materials. Landscaping shall include planting of trees of a five (5) gallon size along all perimeter boundaries of the mobile home park, at a minimum planting rate of one (1) tree per mobile home site. Additional trees and more mature trees may be required where they are being utilized for screening, or in lieu of fencing development. Plans shall indicate the means of irrigation for all landscaped areas, including perimeter areas where trees or other screening landscape are provided.

(q)

Signs. One non-illuminated or indirectly illuminated detached appurtenant sign not exceeding ten feet (10′) in overall height or thirty-two (32) square feet in area shall be permitted for each mobile home park, and shall be integrated into the landscape with the location and elevation approved by the director.

(r)

Access. All entry streets shall be paved to a minimum of twenty-five feet (25′), and no parking shall be allowed within fifty feet (50′) of the intersection. All interior park streets shall be paved to a width of not less than twenty-two feet (22′) from shoulder to shoulder where no on-street parking is allowed. Interior streets shall be thirty-three feet (33′) in width if car parking is permitted on one (1) side, and forty-one feet (41′) in width if car parking is permitted on both sides.

(1)

No park entry road shall be located closer than one hundred feet (100′) to any public intersection unless authorized by the director of transportation and public works.

(2)

A "looped" system of narrower interior roadways is encouraged in lieu of cul-de-sac streets. Where they are allowed, cul-de-sac streets shall have a minimum outside turning radius of thirty-eight feet (38′).

(3)

All interior corners shall have a minimum fifteen-foot (15′) radii unless a reduced dimension is authorized by the director or the decision maker.

(4)

Curbs and gutters shall be installed on both sides of entry and access roads. The planning commission may approve alternate treatment for vehicular, pedestrian and bicycle circulation where appropriate in cases of extreme topography or low-density developments.

(5)

All streets shall be adequately lighted. The placement, style and height of all street lighting shall be subject to design review and shall generally not exceed a height of twelve feet (12′) along interior streets or sixteen feet (16′) along the park entry road so as to avoid lighting glare and spill-over into adjoining properties. Any taller light standards used, including any "cobra-head" fixtures as may be required along abutting streets, shall incorporate full cut-off shields to eliminate lighting glare and spill-over into the night sky and onto adjoining properties.

(6)

Each site shall front on an access street. Alternatively, where mobile home sites are provided in clusters, no more than four (4) such clustered sites shall share a common frontage on an access street with a minimum ingress/egress width of twenty-four feet (24′).

(7)

Stop signs shall be provided at all intersections with all public streets.

(s)

Circulation. Proximity to public transit and alternative transportation modality shall be encouraged and accommodated. All mobile home park developments shall complement adjoining, existing or contemplated vehicle, transit and pedestrian/bicycle circulation patterns. All mobile home park developments shall dedicate such land adjoining public roads as may be required by the county for road widening purposes and improvements of the same to county standards may be required, as stipulated by the director of transportation and public works, to offset the burden placed on the public by the generation of new traffic.

(t)

Compliance with State Regulations and Other Regulations of the County. All pertinent state and county regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void or minimize such other pertinent regulations.

(Ord. No. 5569 § 10, 2005)

Sec. 26-88-110. - Low water use landscaping.

(a)

Purpose. The purpose of this landscape ordinance is to effect efficient water use through proper landscape design and management. County decision-making bodies or the planning director may grant exceptions from this code section where appropriate and justified in light of unique project circumstances or conditions. Any such exception shall be conditioned upon the applicant providing alternative means of water conservation. For the purpose of this chapter, "landscaped areas" shall be defined as ornamental planted areas, patios, decks, walkways and natural areas (excluding creek setback zones) within that portion of the lot to be developed. Pools, ponds and fountains will be considered on an individual basis.

(b)

Applicability.

(1)

The landscape ordinance is applicable to all new and rehabilitated landscaping in projects that are subject to county discretionary review, including common areas. When two (2) or more model homes are proposed in a residential complex, at least one (1) shall comply with this chapter. The low water use model home shall be identified with signage as water conserving.

(2)

The following projects are exempt from the landscape ordinance:

(i)

Landscaping on existing and proposed single-family lots. It is recommended but not required that front yard landscaping installed by developers on existing and proposed single-family lots comply with this chapter;

(ii)

Areas devoted to agricultural cultivation;

(iii)

Projects utilizing individual wells drawing groundwater for landscaping in water availability zones No. 1 and No. 2, as specified in the county general plan or by the county health department;

(iv)

Areas utilizing reclaimed wastewater for irrigation;

(v)

Public parks, golf courses, cemeteries, school recreational areas and private active use recreational areas where the applicant can demonstrate no other feasible alternative exists to turf groundcover.

(c)

Plant Selection. Plants selected in landscaped nonturf areas shall be well suited to the climate of the region and require minimal water once established. Plants that are of a higher water use variety shall be grouped together and be irrigated separately from water conserving plants.

(d)

Turf Selection and Limitations. Turf shall be limited to twenty-five percent (25%) (or thirty percent (30%) for drought tolerant turf varieties) of the projects landscaped areas. Infill lots, corner lots and other lots with more than one (1) street frontage may be permitted to have turf up to thirty-five percent (35%) (or forty percent (40%) for drought tolerant turf varieties) of the projects landscaped areas, where necessary to provide consistent streetscapes.

No turf shall be allowed:

(1)

In areas eight feet (8′) wide or less;

(2)

On slopes exceeding ten percent (10%), or twenty-five percent (25%) where other project water-saving techniques can compensate for the increased runoff. A level buffer zone of eighteen inches (18″) shall be provided between bermed turf areas and any hardscape (i.e., streets, walkways, etc.).

(e)

Soil Conditioning and Mulching.

(1)

A minimum one-foot (1′) depth of uncompacted soil shall be available for water absorption and root growth in planted areas.

(2)

Soil tests for horticultural suitability shall be required at time of landscape installation. Soil shall be prepared and/or amended as appropriate.

(3)

A minimum of two inches (2″) of mulch shall be added in nonturf areas to the soil surface after planting. Plant types that are intolerant to mulch shall be excluded from this requirement. Nonporous material shall not be placed under the mulch.

(f)

Irrigation.

(1)

All landscaped areas shall be irrigated with an automatic system. Water-efficient systems (drip, minispray, bubbler-type, etc.) shall be used whenever feasible. Low gallonage type sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawns shall be sized and shaped so they can be efficiently irrigated. Spray or run-off onto paved areas shall be avoided.

(2)

Dual or multiprogram controllers with separated valves and circuits shall be used when the project contains more than one (1) type of landscape treatment (lawn, ground cover, shrub, tree areas, etc.), or a variety of solar aspects. Soil moisture-sensing devices and rain sensors shall be used on larger projects (fifty thousand (50,000) plus square feet of landscaped area) to minimize or eliminate overwatering.

(3)

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

(4)

Sprinkler heads must have matched precipitation rates within each valve zone.

(5)

Check valves are required where elevation differential may cause low head drainage.

(6)

Within sixty (60) days of project completion, it is recommended a water audit be conducted by a certified consultant to insure efficient water usage.

(Ord. No. 4643, 1993.)

Sec. 26-88-118. - Special use standards for hosted rentals and bed and breakfast inns.

(a)

Purpose. This sections provides the requirements and standards for the establishment and operation of bed and breakfast inns and hosted rentals.

(b)

Applicability. The provisions of this section shall apply to the transient use of residential property where the primary owner remains in residence during the rental period, including bed and breakfast inns and hosted rentals of a single room or sleeping area. Transient rental of more than one (1) room or sleeping area while the owner remains in residence on the property is a bed and breakfast inn, whether or not food is served. Transient rentals of the entire home without the owner in residence are regulated by 28-88-120 (Vacation Rentals).

(c)

Limitations. Bed and breakfast inns and hosted rentals shall not be permitted in non-habitable structures or in tents, RVs, or other provisions intended for temporary occupancy. Bed and breakfast inns shall also not be permitted within second dwelling units, not in structures or dwellings with county covenants or agreements restricting their use, including but not limited to affordable housing units, agricultural employee units, farmworker housing, farm family units, or on lands under Williamson Act contract. Only one (1) hosted rental is allowed per parcel. A hosted rental may not be located on the same site as a vacation rental unless a use permit has been obtained for the combined use. A whole-house vacation rental is not a hosted rental or a bed and breakfast inn, even if the property owner resides in another dwelling unit on the same property.

(d)

Permit Requirements. Hosted rentals (also known as one-room bed and breakfast inns) of not more than one (1) room or sleeping area that meet the standards of this section are allowed as provided by the underlying zone, subject to issuance of a zoning permit. In the case of a legally permitted guest house used as a transient rental, the primary owner will remain in residence within the main home on the same property. Accessory structures may not be used as hosted rentals unless they are legally permitted as guest houses. Second dwelling units may not be used as hosted rentals. Rental of more than one (1) room or sleeping area is considered a bed and breakfast inn with two (2) or more rooms, and shall be allowed subject to the permit requirements of the applicable zone and the standards set forth in subsection (f).

(e)

Performance Standards for Hosted Rentals and One-Room Bed and Breakfast Inns.

Transient Occupancy Tax. The property owner shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertisements, websites or internet listings.

2.

Food Service. Food service, if provided, shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.

3.

Events Prohibited. No weddings, lawn parties or similar activities shall be permitted.

4.

Vehicles. Limit of one (1) vehicle associated with the transient use.

5.

Noise Limits. Outdoor amplified sound is prohibited. All activities associated with the transient use shall meet the general plan noise standards. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

6.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

7.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to three (3) feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 9:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25) feet of a structure or combustible material.

8.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection.

9.

Expiration. A zoning permit for a hosted rental expires upon sale or transfer of the property, or when the property is no longer occupied by a primary owner, whichever occurs sooner.

(f)

Performance Standards for Bed and Breakfast Inns with Two or More Guestrooms or Sleeping Areas.

1.

Maximum Occupancy. Maximum number of rooms shall be as provided in the underlying zone.

2.

Transient Occupancy Tax. The property owner shall maintain a transient occupancy tax certificate and remain current on all required reports and payments. Owner or authorized agent shall include the certificate number on all contracts or rental agreements, and in any advertisements, websites or internet listings.

3.

Food Service. Food service, if provided, shall be limited to breakfast served to inn guests only, and shall be subject to the approval of the Sonoma County department of health services.

4.

Events Only with Use Permit. No weddings, lawn parties or similar activities shall be permitted unless authorized by the use permit.

5.

Amplified Sound. No outdoor amplified sound shall be permitted unless authorized by the use permit.

6.

Noise Limits. All activities associated with the transient use shall meet the general plan noise standards. Quiet hours shall be from 10:00 p.m. to 7:00 a.m. unless otherwise allowed by use permit. The property owner shall ensure that the quiet hours are included in rental agreements and in all online advertisements and listings.

Pets. Pets, if allowed by owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

8.

Outdoor Fire Areas. Outdoor fire areas, when not prohibited by state or local fire bans, may be allowed but shall be limited to three (3) feet in diameter, shall be located on a non-combustible surface, shall be covered by a fire screen, and shall be extinguished as soon as it is no longer in use or by 10:00 p.m., whichever is earlier. No fire or fire area shall be located within twenty-five (25) feet of a structure or combustible material.

9.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.

(Ord. No. 6145, § VIII(Exh. D), 3-15-2016)

Sec. 26-88-120. - Reserved.

Editor's note— Ord. No. 6386, § V, adopted Aug. 2, 2022, repealed § 26-88-120, which pertained to vacation rentals and derived from Ord. No. 6145, § IX(Exh. E), adopted March 15, 2016; Ord. No. 6319, § III(Exh. C), adopted Aug. 18, 2020; Ord. No. 6322, § III(Exh. C), adopted Sep. 1, 2020.

Sec. 26-88-121. - Home Occupations.

(a)

Purpose. This section provides standards for home occupations. These standards are intended to ensure that home occupations are incidental and secondary to residential use of the site, and are compatible with surrounding residential uses.

(b)

Limitations on Use. The following business activities are prohibited as home occupations:

(1)

Adult entertainment activities/businesses;

(2)

Animal hospitals and clinics; pet care services such as grooming, doggie day cares or kennels of any size;

(3)

Automotive and other vehicle sales, 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, furniture refinishing/antique restoration and sales;

(6)

Dismantling, junk, scrap, or storage yards;

(7)

Food processing, canning, baking, etc., including catering, or motorized mobile food vendors such as coffee carts or taco trucks;

(8)

Gun and weapon sales or repairs, gunsmithing;

(9)

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

(10)

Uses which involve medical procedures;

(11)

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;

(12)

Uses that require explosives or highly combustible materials;

(13)

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

(14)

Welding, machine shop operations, or metal fabricating;

(15)

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

(c)

Allowable Home Occupations. Allowable home occupations include, but are not limited to:

(1)

Art and craft work such as ceramics, painting, photography, sculpture, woodwork, and similar cottage industries that do not involve reportable or regulated quantities of hazardous or flammable substances, where such operations will not generate noise, dust, or odors.

(2)

Office-only uses by architects, attorneys, consultants, writers and owners of electronic commerce businesses, and similar uses.

(3)

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

(4)

Tailoring and sewing.

(5)

Other home occupation uses which in the opinion of the planning director are of a similar and compatible nature to those uses described above.

(d)

Design and Development Standards. Each home occupation shall comply with all of the following:

(1)

Location/Size. The home occupation shall be conducted entirely 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, (up to a maximum of five hundred (500) square feet) which does not displace any required parking;

(iii)

A detached accessory structure or portion thereof (up to a maximum of five hundred (500) square feet).

(2)

Technical codes. A home occupation 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 division and other clearances as determined necessary by the director.

(3)

Utilities. The home occupation 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 home occupation exceed two hundred twenty (220) volts.

(4)

Exterior appearance. The home occupation 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. Home occupations shall comply with the parking standards set forth in Section 26-86-010. 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, so long as adequate onsite parking for clients is demonstrated.

(6)

Signs. A home occupation shall be limited to one (1) attached, non-illuminated, two (2) square-foot sign.

(e)

Operating Requirements.

(1)

Employees. No person shall be employed in the home occupation other than residents of the dwelling.

(2)

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

(3)

Reserved.

(4)

Visits and Deliveries. Not more than four (4) customers or clients shall be allowed to visit the dwelling for any service or product during any one (1) day, nor more than two (2) 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.

(5)

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

(6)

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

(7)

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

(8)

Noise. Noise levels generated by a home occupation shall meet the requirements of 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.

(Ord. No. 6403, 3-7-2023; Ord. No. 6363 § II(Exh. A), 12-14-2021; Ord. No. 5711 § 5 (Exh. D), 2007; Ord. No. 5569 § 7, 2005.)

Sec. 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 26-86-010. 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. 6403, 3-7-2023; Ord. No. 5569 § 7, 2005.)

Sec. 26-88-123. - Mixed use developments.

(a)

Purpose. This section provides standards for mixed use developments and implements the general plan provisions related to mixed use.

(b)

Limitations on Use.

(1)

A mixed use development may combine compatible residential units with commercial or other non-residential land uses allowed in the applicable zoning district, provided that not more than eighty percent (80%) of the total gross project floor space is in residential floor area.

(i)

In cases where at least twenty percent (20%) of the residential floor area is provided as housing affordable to lower-income households pursuant to Article 89 (Affordable Housing Program Requirements and Incentives), a fifteen percent (15%) increase in maximum lot coverage and a fifteen-foot increase in maximum building height shall be granted over that otherwise allowed in the underlying zone district.

(2)

Mixed use developments shall comply with the building intensity limitations of the applicable zoning district.

(3)

A mixed use shall not be established or used in conjunction with any of the following activities:

(i)

Adult entertainment activities/businesses;

(ii)

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

(iii)

Welding, machining, or open flame work;

(iv)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use; or

(v)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of residents within, or adjacent to, a mixed use project because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Location of Residential Units. Residential units may be located on any floor, provided that the first fifty feet (50') of the ground floor area measured perpendicular to each building face adjacent to any primary street frontage shall be reserved for commercial uses. The restriction against the residential use of this fifty-foot area does not apply to entryways, access corridors or stairs. This restriction may be waived or reduced where the applicant can demonstrate that all of the following criteria are met:

(1)

The provision of residential uses on the ground floor is necessary in order to provide compatibility with adjacent uses;

(2)

The site has an unusual lot configuration, access, or other unique circumstance such that the provision of ground floor residential results in a superior integration of residential and commercial uses on the site; and

(3)

The ground floor residential component provides a superior integration of the commercial uses into the surrounding commercial area.

(d)

Design and Development Standards.

(1)

Residential Open Space. A minimum of sixty (60) square feet of private usable open space shall be provided for each residential unit within the project. The open space requirement may be met through provision of patios, decks, or enclosed yard areas, but no private space with a dimension of less than six feet (6′) shall be counted toward this requirement.

(2)

Parking. Projects shall comply with the parking standards set forth in Section 26-86-010 (Parking) for each residential and nonresidential use included in the project, except that the residential parking need not be covered.

(3)

Loading and Refuse/Recycling Areas. Commercial loading areas, recycling areas, and refuse storage facilities for the commercial and other nonresidential uses shall be located away from residential units and shall be substantially screened from view from the residential portion of the project. Where appropriate, the project may provide for the shared use of recycling and refuse storage facilities.

(4)

Noise. Noise generated by mixed use projects shall be consistent with the general plan noise element.

(e)

Maintenance of Common Facilities. Where there is more than one (1) property owner with shared interest in maintaining common facilities related to lighting, fencing, signs, landscaping, shared parking, etc., a joint owner's association shall be formed, a landscape assessment district shall be established, or a maintenance agreement recorded. If a joint owner's association or a landscape assessment district is established, the association or district shall be obligated and responsible for maintaining common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. If a maintenance agreement is recorded, the agreement shall clearly identify those individuals or entities obligated and responsible for maintaining the common facilities in accordance with the standards and requirements of this chapter and the conditions of any applicable use permit. Each agreement, resolution or other document establishing a joint owner's association, a landscape assessment district or a maintenance agreement shall include the county as a third party beneficiary with the right, but not the obligation, to enforce said agreement, resolution or other document. The agreement, resolution or other document shall be subject to review and approval by the county.

(f)

Design Review Approval Required. All new mixed use projects, additions to existing projects, or new nonresidential uses in existing projects, shall be subject to design review approval in accordance with the standards of Article 82 (Design Review). The design of mixed use projects shall demonstrate compatibility between the different uses and shall take into consideration compatibility with adjacent properties and land uses, and shall include specific design features and screening to properly mitigate any potential impacts, including light impacts, or other compatibility issues. Design review of site plan and layout shall include consideration of proximity and access to transit facilities. Project design shall ensure that privacy between residential units and other uses on the site is maximized.

(g)

Criteria for Approval. A mixed use development shall meet the criteria set forth below:

(1)

The site shall be located within an existing urban service area and adequate sewer and water to serve the intended use;

(2)

The development must comply with the standards and development criteria set forth in this section. Article 82 (Design Review), and the underlying base zone;

(3)

Residential and commercial uses shall be integrated in such a manner as to address noise, hazardous materials, and other land use compatibility issues on site as well as off-site;

(4)

The mixed use development shall be compatible with surrounding land uses and will not serve to inhibit commercial development on adjacent or nearby commercial parcels.

(Ord. No. 6223, § II(Exh. B), 5-8-2018; Ord. No. 5569 § 5, 2005.)

Sec. 26-88-124. - Work/live units.

(a)

Purpose. This section provides standards for the development of new work/live units and for the reuse of existing commercial and industrial structures to accommodate work/live opportunities where allowed by the applicable zoning district regulations. A work/live unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this section do not apply to mixed use projects, which are instead subject to Section 26-88-123 (Mixed use projects).

(b)

Limitations on Use. The nonresidential uses within a work/live project shall be limited to those commercial and industrial uses allowed within the applicable zoning district. In no case, however, shall a work/live unit be established or used for any of the following activities:

(1)

Adult entertainment activities/businesses;

(2)

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

(3)

Welding, machining, or any open flame work;

(4)

Storage or shipping of flammable liquids or hazardous materials beyond that normally associated with a residential use;

(5)

Any other activity or use determined by the director to be incompatible with residential activities and/or to have the possibility of adversely affecting the health or safety of work/live unit residents, because of the potential for the use to create excessive dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or to be unreasonably hazardous because of materials, processes, products or wastes.

(c)

Allowable Building Intensity. Work/live units shall comply with the building intensity limitations of the applicable zoning district.

(d)

Design and Development Standards.

Work/live units shall be subject to review and approval of a master site plan and proposal statement demonstrating that the project meets all of the following criteria, as well as the design standards of the applicable zoning district.

(1)

General Prerequisites.

(i)

At the time of application approval and for the reasonably foreseeable future, the industrial site and surrounding area is suitable for joint residential and industrial use.

(ii)

The project is designed to provide flexible workspace in conjunction with living areas that are conducive to a work environment.

(iii)

Residential and industrial uses are integrated in such a manner as to address noise, hazardous materials, and other health and safety issues onsite as well as offsite.

(2)

Commercial and Industrial Space Requirements.

(i)

The project site must remain primarily in commercial or industrial use. At no time shall more than fifty percent (50%) of the combined floor area of all buildings constructed on the project site be dedicated or used for work/live units. All remaining floor area on the project site shall be dedicated and reserved exclusively for other commercial and industrial uses allowable in the applicable zoning district.

(ii)

In addition, no less than fifty percent (50%) of the floor area of each work/live unit shall be designated, reserved and regularly used as work space for commercial or industrial uses.

(iii)

All designated work space shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, storefront windows, roll-up doors and/or other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

(3)

Integration of Living Space. Living space shall be physically integrated into the work/live unit and shall not be separately rented, leased, or sold. Mezzanines and lofts within the unit may be used as living space subject to compliance with the other provisions of this section.

(4)

Design Review. Work/live units shall be subject to the design standards and procedures set forth in Article 82 and approval by the design review committee.

(5)

Parking Requirements. Work/live units shall comply with the parking standards set forth in Section 26-88-010. 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.

(6)

Compliance with Building and Fire Codes. All work/live units 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). If a structure contains mixed occupancies of work/live units and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live units and other occupancies, as determined by the building official.

(e)

Operating Requirements.

(1)

Occupancy. A work/live unit shall be occupied and used only by the operator or employee of the business within the unit.

(2)

Sale or Rental of Portions of Unit. The living space of the work/live unit shall not be rented, leased, sold or occupied separately from the working space. No portion of a work/live unit shall, at any time, be rented, leased, or sold as a commercial or industrial space by any person not living in the unit.

(3)

Notice to Occupants. The owner or developer of any structure containing work/live units shall provide written notice to all work/live occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

(4)

On-Premises Sales. On-premise sales of goods shall be limited to those produced within the work/live unit and shall be permitted only where such incidental sales are allowed by the zoning district. All on-premise sales of goods shall be incidental to the primary production work within the unit.

(5)

Nonresident Employees. The occupant of the work/live unit may employ up to two (2) persons who do not reside in the work/live unit to work in the unit, provided that adequate parking is provided as determined by use permit.

(6)

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

(f)

Changes in Use. No portion of the work/live unit designated and approved as work space shall be converted to residential use without modification of the use permit, to ensure the continuing conformance with the use limitations, design and development standards and operating requirements of this section. Changes in the nonresidential portion of the use shall also require a modification of the use permit to ensure conformance with the use limitations, design and development standards and operating requirements of this section.

(g)

Findings for Approval. No use permit shall be approved for a work/live unit unless the decision maker makes all of the following findings, in addition to the findings required for use permit approval by Section 26-92-080 (Use permit—Findings).

(1)

The site is located within an existing urban service area;

(2)

Public services and infrastructure are adequate to serve the use;

(3)

The project complies with the standards and development criteria set forth in this section;

(4)

The establishment of work/live units will not displace, conflict with or inhibit other commercial or industrial uses on site;

(5)

The proposed use of each work/live unit is a bona fide commercial or industrial activity consistent with subsection (b) (Limitations on Use) of this section;

(6)

The structure containing work/live units and each work/live unit within the structure has been designed to ensure that they will function predominantly as work spaces for commercial or industrial uses with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations;

(7)

The establishment of work/live units, as conditioned, is compatible with surrounding land use and will not conflict with nor inhibit commercial or industrial uses on adjacent or nearby parcels; and

(8)

The exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where adjacent land is zoned for commercial or industrial uses.

(Ord. No. 5569 § 8, 2005.)

Sec. 26-88-125. - Single room occupancy (SRO) facilities.

(a)

Criteria in General. The following are the minimum criteria applicable to all new single room occupancy (SRO) facilities:

(1)

All SRO facilities are subject to design review.

(2)

Transient occupancy of the SRO rooms shall not be allowed. SRO tenants shall not have an additional residential address other than the address of the SRO facility in which the residential unit is located.

(3)

SRO rooms within SRO facilities shall be provided at rents affordable to households with lower incomes.

(4)

Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all SRO facilities.

(b)

Small SRO Facilities. The following additional criteria shall apply to SRO facilities containing less than ten (10) SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed four hundred (400) square feet.

(3)

Common Facilities. Small SRO facilities shall provide individual or shared (common) bathing facilities, and may provide individual kitchen facilities. Any and all common facilities shall be provided as fully accessible to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer per facility, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (⅛) of a mile from the project site.

(5)

Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.

(6)

Parking. Off-street parking shall be provided as set forth in Section 26-86-010 (Required parking). Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(c)

Large SRO Facilities. The following additional criteria apply to all SRO facilities containing ten (10) or more SRO rooms:

(1)

Occupancy. SRO rooms shall be occupied by no more than two (2) persons. No transient occupancy is allowed; SRO rooms shall be occupied as the primary residence of the tenant.

(2)

Maximum Unit Size. No SRO room may exceed three hundred (300) square feet.

(3)

Common Facilities.

(i)

Kitchen. Within a large single room occupancy (SRO) facility, no more than fifty percent (50%) of individual rooms may be provided with kitchens or kitchenettes. At least one (1) common (shared) kitchen/dining area shall be provided within a large SRO facility.

(ii)

Bathrooms. Private bathroom facilities shall be provided within each unit to include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities may be provided within individual rooms, or may be shared.

(iii)

Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.

(4)

Laundry Facilities. Common laundry areas shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) rooms, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional rooms or fraction thereof.

(5)

Manager's Unit. An on-site, live-in manager's unit shall be provided. A management plan, including the proposed "house rules," shall be submitted as a part of the use permit application.

(6)

Parking. Parking for SRO facilities shall be provided as set forth in Section 26.86.010, Required parking. Secure bicycle parking is required.

(7)

Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual SRO rooms; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each SRO room, and shall be of sufficient construction to protect stored items from weather.

(Ord. No. 6223, § III(Exh. C), 5-8-2018; Ord. No. 5569 § 6, 2005.)

Sec. 26-88-126. - Reserved.

Editor's note— Ord. No. 6189, § II(F), adopted Dec. 20, 2016, repealed § 26-88-126, which pertained to medical cannabis dispensary uses and derived from Ord. No. 5715, § 2, adopted in 2007; Ord. No. 5748, § 2, adopted in 2007; and Ord. No. 5967, § I, adopted Jan. 31, 2012.

Sec. 26-88-127. - Homeless shelters.

(a)

Purpose. This section establishes standards for the siting and operation of homeless shelters. The purpose of these standards is to ensure that the development and operation of small-scale and emergency homeless shelters do not adversely impact adjacent parcels or the surrounding residents and businesses. It is intended that these provisions protect the health, safety and welfare of the county's residents while ensuring that standards imposed on a shelter not serve as constraints, but rather serve to encourage and facilitate the development and operation of such facilities. The following performance standards shall apply to homeless shelters:

(b)

Permit Requirements. Homeless shelters may require a use permit, depending on their type and location, as provided in the regulations for the base districts in which they are allowed.

(c)

Property Development Standards. Homeless shelters shall conform to all property development standards of the zoning district in which they are located except as modified by these performance standards.

(d)

Maximum Number of Persons/Beds. Small-scale homeless shelters shall serve no more than ten (10) persons. Emergency homeless shelters shall be limited to not more than fifty (50) persons served on a year-round basis, but during seasonal or emergency events of flooding, extreme temperature, or natural disaster, such shelters shall not be limited with regard to number of persons served, subject to occupancy limits of the building code, so long as the operating conditions set forth in this section are met.

(e)

Lighting. Exterior lighting must be fully shielded and downward facing. Flood lights and uplights are prohibited. Luminaries must not exceed one thousand (1,000) lumens per fixture. Total illuminance beyond the property line must not exceed 1.0 lux. The color temperature of exterior lighting must not exceed three thousand (3,000) Kelvin.

(f)

Security and Management. Onsite security shall be provided during hours of operation. The shelter shall provide at least one (1) onsite manager at all times.

(g)

Common Facilities. Shelters are encouraged but not required to provide the following common facilities for the exclusive use of the residents:

(1)

Central cooking and dining room(s);

(2)

Common recreation room;

(3)

Office with services for residents;

(4)

Laundry facilities adequate for the number of residents.

(h)

On-Site Parking. On-site parking for homeless shelters, including bicycle parking, shall be subject to requirements set forth in Article 86.

(i)

Secure Storage. Shelters are encouraged but not required to provide secure, locked storage facilities for residents' personal belongings.

(j)

Concentration of Uses. No more than one emergency homeless shelter shall be permitted within a radius of three hundred (300) feet from another such shelter.

(Ord. No. 6458, § XVI, 12-5-2023; Ord. No. 5883, § IV, 5-30-2010.)

Sec. 26-88-130. - Telecommunication facilities.

(a)

The following are the minimum criteria applicable to telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, additional mitigation measures or other conditions may also be necessary.

(1)

Except as noted, all telecommunication facilities shall comply with the following:

(i)

Any applicable easements or similar restrictions, including open space easements, on the subject property.

(ii)

Any applicable general plan, specific plan, area plan, local area development guidelines, and the permit requirements of any agencies which have jurisdiction over the project.

(iii)

The regulations of any applicable combining district.

(iv)

The height of any freestanding facility shall include the height of any structure upon which it is placed.

(v)

All setbacks shall be measured from the base of the tower closest to the applicable property line or structure.

(vi)

The facility shall be operated so that it shall not result in human exposure to nonionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:

A)

Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.

(B)

Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.

(C)

Provide an independent analysis by or on behalf of the applicant which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements, and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures.

(vii)

Replacement of aging, defective, or obsolete legally established antennas or towers is permitted without new zoning permit or use permit approval, provided that such replacement does not increase the height or result in a substantial change in the appearance of the facility. Pursuant to Section 26-94-010(b), a legal nonconforming facility may be expanded one (1) time not to exceed ten percent (10%) of the total existing silhouette, subject to all other applicable requirements of this code.

(viii)

In the event that a proposed telecommunication facility does not meet the required standards or criteria for such facility in the applicable district, it may be considered as the next larger facility, subject to the criteria therefor. For example, a minor facility that exceeds the allowed silhouette limit may be considered as an intermediate facility requiring a use permit, or an attached facility that exceeds the allowed silhouette limit may be considered as a minor facility requiring a zoning permit.

(2)

In addition to the standards of subsection (a)(1) of this section, attached commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(ii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(iii)

Antennas shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iv)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(v)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(3)

In addition to the standards of subsection (a)(1) of this section, freestanding commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(i)

Potential adverse visual impacts which might result from project related grading or road construction shall be minimized.

(ii)

Facility towers, antennas and other structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(iii)

Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.

(iv)

Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.

(v)

Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.

(vi)

Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of thirty percent (30%) or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent (10%). Natural vegetation and topography shall be retained to the extent feasible.

(vii)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include supporting cables and guy wires as part of the silhouette calculation.

(viii)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(ix)

Upon abandonment or termination, the entire facility, including all equipment, towers, antennas, etc., shall be removed and the site restored to its pre-construction condition or other authorized use.

(x)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(xi)

Facilities shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.

(xii)

The facility operator and property owner are encouraged to make available unutilized space for future co-located or multiple-user telecommunication facilities, including space for those entities providing similar, competing services.

(xiii)

All applications for zoning permits or use permits shall include a statement or other documentation that all owners of property within three hundred feet (300′) of the subject property have been provided with a written notification of the filing of the application.

(xiv)

An alternatives analysis (required for major freestanding facilities in all districts and for intermediate freestanding facilities in the AR, RR, R1, R2, R3, and PC districts with a UR or RR land use designation) shall include the following content:

(A)

A topographic map of the proposed local service area which identifies the local network of facilities with which the proposed facility will connect.

(B)

A small scale map of the applicable franchise area, which identifies the regional network of facilities with which the local network will connect.

(C)

Identification of the following on the local topographic map:

1.

All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service, and those which provide other wireless services which could potentially support the proposed facility.

2.

All other existing structures which might provide an opportunity for attached facilities.

3.

Lands which are zoned for commercial or industrial use.

4.

Lands which are designated as open space.

(D)

Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain in the event that the proposed facility is approved and constructed.

(E)

Identification of at least two (2) alternative service plans which could provide comparable service to the intended service area. An explanation must be included if there are not at least two (2) alternative plans. Alternatives which do not produce a minimum quality signal, or which would substantially interfere with another service do not need to be included.

(F)

The alternatives should include a mix of service strategies which incorporate existing, attached, and/or other freestanding facilities. The alternatives analysis for a facility proposed within a designated scenic resource area and/or a residential zone (AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation) shall include any feasible alternatives outside these respective areas. They should also be designed to offer clear tradeoffs involving:

1.

The level of service provided;

2.

The number of towers;

3.

Variety in tower heights and silhouettes;

4.

Potential visual impacts;

5.

Residential proximity and compatibility;

6.

Proximity to service area;

7.

Other applicable potential environmental impacts.

(G)

A description of each alternative, including its ancillary equipment and structures and associated roads and compare and contrast the alternatives using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed project, but the justification for selection of the proposed project must be presented.

(xv)

Tower setbacks may be waived under any one (1) of the following circumstances:

(A)

The facility is proposed to be co-located onto or clustered with an existing, legally established telecommunication facility.

(B)

All of the owners of affected properties agree to the reduced setback. A property is considered affected if its dwelling unit lies within a distance equivalent to the required setback for the subject tower prior to reduction and the reduced setback would result in the tower being located closer to the dwelling unit than the above setback would otherwise allow.

(C)

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(xvi)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(b)

Additional Standards for Telecommunication Facilities Pertaining to Specific Districts.

(1)

LIA, LEA, DA, RRD, RRDWA, TP Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a structure but are subject to a limit of five (5) square feet of silhouette above the structure ridgeline or twenty-five (25) square feet above the roof on any single structure and a cumulative total silhouette for all attached commercial antennas on the subject lot of one hundred (100) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following standards:

(A)

Towers shall be set back from the nearest offsite dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouettes of the towers and antennas on the subject lot shall not exceed one hundred sixty-five (165) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities shall meet the following standards:

(A)

Towers shall meet the setback standards of subsection (b)(1)(ii)(A) of this section.

(B)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(C)

A visual analysis.

(2)

AR, RR, R1, R2, and R3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of all attached commercial antennas on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the added silhouette would be effectively unnoticeable.

(ii)

Minor freestanding commercial facilities shall meet the following:

(A)

Towers shall be set back from the nearest off-site dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

The cumulative total silhouette of the towers and antennas on the subject lot at full design capacity shall not exceed seventy (70) square feet in the AR and RR districts and shall not exceed forty-five (45) square feet in the R1, R2, and R3 districts.

(iii)

Intermediate and major freestanding commercial facilities are not allowed in these districts unless the applicant demonstrates to the satisfaction of the decisionmaking body that there is no technically feasible site or method of providing the needed service on lands which are not zoned AR, RR, R1, R2, R3, or PC with a UR or RR land use designation. Such demonstration shall be accompanied by the following:

(A)

An alternatives analysis which meets the requirements of subsection (a)(3)(xiv) of this section.

(B)

A visual analysis, which may include photo montage, field, mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(3)

CO, C1 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas placed upon dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities fifty feet (50′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate freestanding commercial facilities greater than fifty feet (50′) in height shall meet the following:

(A)

Towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

A visual analysis.

(4)

C2, C3, LC, RC, AS, K, MP, M1, M2, and M3 Districts.

(i)

Attached commercial facilities may be flush-mounted on the side or roof of a building but the cumulative total silhouette of the antennas on dwelling units on the subject lot shall not exceed five (5) square feet above structure ridgelines or fifteen (15) square feet above the roofs of residential structures.

(ii)

Minor and intermediate freestanding commercial facilities eighty feet (80′) or less in height shall meet the following:

(A)

Towers setbacks shall be the same as those for other structures in the base district.

(B)

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred ten (210) square feet at full design capacity.

(iii)

Intermediate and major freestanding commercial facilities greater than eighty feet (80′) shall meet the following:

(A)

For intermediate facilities, towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(B)

For major facilities, towers shall be set back by a minimum distance equivalent to one hundred percent (100%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to subsection (a)(3)(xv) of this section.

(C)

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of subsection (a)(3)(xiv) of this section.

(D)

A visual analysis.

(Ord. No. 4973 § 14, 1996.)

Sec. 26-88-135. - Reserved.

Editor's note— Ord. No. 6046, § II(i) , adopted Sep. 10, 2013, repealed § 26-88-135, which pertained to small wind energy systems and derived from Ord. No. 5342, § 6, adopted in 2002; Ord. No. 5361, §§ 2(q), (r), adopted in 2002; and Ord. No. 5435, § 2(ss), adopted in 2003. Similar provisions can be found in § 26-88208.

Sec. 26-88-140. - Minor timberland conversions.

(a)

All minor timberland conversions shall require a use permit. Notice of the permit shall be mailed to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the subject property and posted in at least three (3) public places on or near the subject property at least ten (10) days prior to issuance of the permit. The notice shall include an explanation of the procedure to appeal issuance of the permit. In addition to such other plans and data as are necessary to determine compliance with this chapter, the application for the permit shall be accompanied by all of the following:

(1)

A statement of the approximate number, size, species, age, and condition of the trees to be included in the minor timberland conversion, the amount of land clearing to be done, the equipment to be used, the method by which slash and debris are to be removed or disposed of, and a schedule of daily operations.

(2)

A copy of the notice of conversion exemption timber operations prepared by a registered professional forester and submitted to the California Department of Forestry and Fire Protection for the minor timberland conversion.

(3)

A statement by the owner of subject property consenting to the minor timberland conversion, certifying that the conversion is a one-time conversion to a nontimber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter, and specifying what the new non-timber growing use will be after conversion. The statement shall include evidence acceptable to the planning director of the bona fide intent to undertake and complete the conversion. Such evidence shall include, but not be limited to, a valid use permit, building permit, or septic permit, approved grading plans for road construction, or an agricultural management plan or soil capability study demonstrating the feasibility of the new non-timber growing use.

(4)

Any other information the planning director deems necessary to make a decision on the application. Such information may include, but shall not be limited to, drainage or erosion control details and biotic studies.

(b)

No zoning permit shall be issued for a minor timberland conversion unless it is determined that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter. The determination of bona fide intent shall include consideration of the economic feasibility of the conversion, the environmental feasibility of the conversion, including, but not limited to, the suitability of soils, slope, aspect, quality and quantity of water, and microclimate, and any other foreseeable factors necessary for successful conversion to the new non-timber growing use.

(c)

All minor timberland conversions shall be conducted in accordance with the provisions of Title 14, California Code of Regulations, Section 1104.1.

(d)

All minor timberland conversions shall be completed and the new non-timber growing use underway within two (2) years after the zoning permit is granted.

(e)

All minor timberland conversions shall minimize damage to soils, residual trees, young growth, and other vegetation, and prevent erosion and damage to neighboring properties.

(f)

No minor timberland conversion shall be conducted during the winter period unless it is carried out in accordance with Title 14, California Code of Regulations, Section 914.7, subsections (a) and (b).

(g)

No minor timberland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(h)

No minor timberland conversion shall include the cutting or removal of any old growth redwood unless a registered professional forester certifies in writing that the tree poses a serious danger to persons or property.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 4985 § 1(f), 1996.)

Sec. 26-88-150. - Timberland conversions of less than three acres in the TP (timberland production) district.

The planning director shall be responsible for verifying to the California Department of Forestry and Fire Protection that any proposed timberland conversion of less than three (3) acres in the TP (timberland production) district is in conformance with all county regulatory requirements.

(Ord. No. 4985 § 1(g), 1996.)

Sec. 26-88-160. - Major timberland conversions.

(a)

Permitted Use, Zoning Districts. Except as otherwise provided in subsection (b) of this section, major timberland conversions shall be a use permitted with a use permit in the RRD and TP zoning districts, and a permitted use in all other zoning districts. Major timberland conversions may convert timberland to any permitted use or use permitted with a use permit in all zoning districts, except for the TP zoning district. In the TP zoning district, major timberland conversions may be undertaken only to convert timberland to a permitted use or use permitted with a use permit that does not significantly detract from the use of the property for, or inhibit, timber production.

(b)

Permit Requirement. A major timberland conversion shall require use permit approval in compliance with this chapter in the RRD, RRDWA, and TP zoning districts, except for a major timberland conversion to convert timberland to a minor public service use or facility, which shall be a permitted use and shall not require a use permit. The minor public service use or facility itself, however, shall require use permit approval in compliance with this chapter.

(c)

Application Requirements. The use permit application for a major timberland conversion shall include all of the information and materials required by Section 2692-170, and the timberland conversion permit and timber harvesting plan approved by the California Department of Forestry and Fire Protection for the proposed major timberland conversion.

(d)

Criteria for Approval. A use permit for a major timberland conversion shall not be approved unless the decision maker makes the findings required by Section 2692-080, and determines that the proposed major timberland conversion complies with the following standards:

(1)

The proposed major timberland conversion includes substantial public benefits that outweigh the long-term loss of timberland, considering both the quantity and quality of the timberland being converted and the timberland being preserved pursuant to subsection (d)(2) of this section.

(2)

Two (2) acres of timberland with a natural slope no steeper than fifty percent (50%) are permanently preserved for timber production for each acre of timberland being converted, subject to the following requirements:

(i)

The preserved timberland shall be subject to the review and approval of the decision maker as part of the use permit approval for the proposed major timberland conversion.

(ii)

The preserved timberland shall be enforceably restricted with a perpetual protective easement preserving and conserving the preserved timberland for timber production, while protecting any riparian or other biotic resources on the preserved timberland consistent with applicable federal, state, and county statutes, ordinances, rules, and regulations. The protective easement shall be dedicated to the county or a public agency or qualified nonprofit organization approved by the county, and shall be recorded prior to commencement of timber operations for the major timberland conversion.

(iii)

The preserved timberland shall be located within the county, either on the same property as the timberland being converted or on other property in the local area.

(iv)

The preserved timberland shall be contiguous to other timberland where contiguity is feasible and is necessary or desirable to better ensure the viability of the preserved timberland for timber production.

(v)

The preserved timberland shall have the same site classification or higher as the timberland being converted.

(vi)

Any preserved timberland that does not meet state stocking standards shall be rehabilitated in compliance with the following requirements:

(A)

The understocked preserved timberland shall be rehabilitated to meet state stocking standards within five (5) years after the use permit approval for the proposed major timberland conversion. The rehabilitation shall be conducted by or under the supervision of a registered professional forester. Timber seedling planting for the rehabilitation shall be completed and verified by the registered professional forester prior to commencement of timber operations for the major timberland conversion. Upon completion of the rehabilitation, the registered professional forester shall certify that the preserved timberland meets state stocking standards.

(B)

Performance of the rehabilitation shall be guaranteed by a bond or other form of security acceptable to the planning director in the amount of one hundred percent (100%) of the total estimated cost of the rehabilitation. The security shall be released upon certification by the registered professional forester that the preserved timberland meets state stocking standards. The county may redeem the security, complete the rehabilitation with its own forces or by contract, and use the security to offset the costs of such undertaking where satisfactory progress is not made toward completion of the rehabilitation in a timely manner, or where at the conclusion of the five (5) year rehabilitation period the preserved timberland does not meet state stocking standards.

(Ord. No. 6478, § V(Exh. A), 4-30-2024; Ord. No. 5695 § 1, 2007: Ord. No. 5651 § 1(y), 2006.)

Sec. 26-88-170. - Compliance with right to farm ordinance.

Any use subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5203 § 3, 1999.)

Sec. 26-88-180. - Agricultural homesite parcels.

A lot line adjustment approved pursuant to Chapter 25 of this code may create an agricultural homesite parcel in the diverse agriculture zoning district having a parcel size less than ten (10) acres if the lot line adjustment complies with all of the following requirements:

(a)

All of the affected parcels have a diverse agriculture general plan land use designation and are in the diverse agriculture zoning district. No other general plan and zoning designations shall qualify.

(b)

All of the affected parcels are in one ownership and have been owned by the same owner for at least ten (10) years.

(c)

All of the affected parcels are subject to a land conservation contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

(d)

All of the affected parcels have adequate potential for suitable water supply and sewage disposal.

(e)

The agricultural homesite parcel contains, at the time the lot line adjustment is approved, a residence that has existed on the property for at least five (5) years and is subject to Section 428 of the Revenue and Taxation Code. The other affected parcels shall each have a suitable building site or sites outside of geologic or flood hazard areas, and designated open space areas.

(f)

The lot line adjustment will not result in an agricultural homesite parcel that is less than one and one-half (1 ½) acres in size or any other affected parcel that is less than ten (10) acres in size for type I preserves, forty (40) acres in size for type II preserves, or the established minimum lot size, whichever is more restrictive.

(g)

No other agricultural homesite parcels shall have been created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years preceding the lot line adjustment, nor shall any other agricultural homesite parcels be created on the affected parcels pursuant to this section or Section 66474.4 of the Government Code for at least ten (10) years following the lot line adjustment.

(h)

No subdivision of the affected parcels shall have occurred since the adoption of the 1989 general plan.

(i)

A note shall be included on the deed creating the agricultural homesite parcel indicating that the agricultural homesite parcel is in an area of agricultural production and may be subject to agricultural nuisances in the form of noise, light, spraying, odors or other conditions associated with productive agriculture.

(j)

An agricultural nuisance easement and covenant approved by the county surveyor shall be recorded concurrently with the deed creating the agricultural homesite parcel. The agricultural nuisance easement and covenant shall be in favor of the other affected parcels and shall contain, at a minimum, a restriction on the ability of the owner of the agricultural homesite parcel to maintain either administrative or legal proceedings for the purpose of limiting or interfering with the agricultural uses or practices on the other affected parcels. The agricultural nuisance easement and covenant shall also contain a provision that requires the owner of the

agricultural homesite parcel to maintain the agricultural homesite parcel in a manner which prevents the breeding of pests harmful to agricultural operations on the other affected parcels and which insures that the agricultural homesite parcel will not interfere with the agricultural use of the other affected parcels.

(k)

The agricultural homesite parcel shall be excluded from the benefits of the land conservation contract after the lot line adjustment and shall be removed from the contract either by nonrenewal or cancellation of the contract insofar as it applies to the agricultural homesite parcel.

(Ord. No. 5082 § 1, 1997.)

Sec. 26-88-190. - Limitations on lot line adjustments.

(a)

Notwithstanding any ether provision of this code, except as otherwise provided in subsection (b) of this section, all lot line adjustments shall be subject to the following limitations:

(1)

No lot line adjustment shall result in increased subdivision potential for any affected parcel;

(2)

No lot line adjustment shall result in a greater number of developable parcels than existed prior to the adjustment. To be deemed a developable parcel for the purposes of this subsection, a parcel shall comply with one of the following requirements:

(i)

The parcel meets all of the following criteria:

(A)

The parcel has legal access to a public road or right-of-way, or is served by an existing private road that connects to a public road or right-of-way; and

(B)

The parcel is served by public sewer, or the parcel, as determined by the planning director, is likely to meet the criteria for approval of an on-site sewage disposal system for a one bedroom residence, as specified in Chapters 7 and 24 of this code and in the basin plans adopted by the applicable regional water quality control board, without the use of an off-site septic easement. For the purposes of this subsection, "served by public sewer" shall mean either that a parcel is currently receiving public sewer service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; and

(C)

On parcels less than twenty-five (25) acres, the parcel is served by public water supply, or the parcel is located within an Area 1, 2, or 3 groundwater availability area as shown on Figures RC-2a to RC-2i of the general plan. Where public water service is not available and where the parcel is located within an Area 4 groundwater availability area, a well or spring yield test, as defined in Section 7-12 of this code, shall be required to demonstrate that an adequate water supply is available on-site or off-site. For the purposes of this subsection, "served by public water supply" shall mean either that a parcel is currently receiving public water service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; or

(ii)

The parcel has an existing legal dwelling unit or had a legal dwelling unit which was destroyed by fire or other calamity within the last five (5) years.

(b)

The provisions of subsection (a)(2) shall not apply to any of the following:

(1)

Any lot line adjustment where all of the affected parcels are in the CO (administrative and professional office), C1 (neighborhood commercial), C2 (retail business and service), C3 (general commercial), LC (limited commercial), K (recreation and visitor-serving), MP (industrial park), M1 (limited urban industrial), M2 (heavy industrial), M3 (limited rural industrial), or PF (public facilities) zoning districts;

(2)

Any lot line adjustment where all of the parcels resulting from the lot line adjustment comply with the applicable density and minimum lot size requirements of this chapter and the general plan;

(3)

Any lot line adjustment where all of the affected parcels were lawfully created on or after March 1, 1967;

(4)

Any lot line adjustment where all of the affected parcels are in the LIA (land intensive agriculture), LEA (land extensive agriculture), or DA (diverse agriculture) zoning districts, provided that all of the parcels resulting from the lot line adjustment are a minimum of ten (10) acres in size and the owners of those parcels all

record covenants, in a form satisfactory to county counsel, prohibiting any new residential development on the parcels for a period of ten (10) years, except for agricultural employee housing, farm family housing, and seasonal and year-round farmworker housing, as allowed by the applicable zoning district;

(5)

Any lot line adjustment for which an application was filed and determined to be complete by the planning department on or before March 23, 1999, provided that the application is not thereafter withdrawn, denied, or substantially revised.

(Ord. No. 5154 § 1(b), 1999.)

Sec. 26-88-193. - Condominium conversion.

(a)

Applicability: This section is applicable to the subdivision of any multi-family property with five (5) or more units.

(b)

Findings for Map Approval: In order to approve a subdivision map to allow the conversion of a multi-family rental property to condominiums, the following findings shall be made by the decision making body:

(1)

The surplus of vacant multifamily residential units offered for rent or lease is in excess of five percent (5%) of the available multifamily rental stock as reported in the most recent general plan annual implementation progress report.

(2)

At least thirty percent (30%) of the units included in the proposed condominium conversion are reserved for sale to low and very low income households and subject to an affordable housing agreement that ensures the units remain affordable to very low and low income households for at least thirty (30) years, or a longer period if otherwise required by state or local law.

(3)

The subdivider has provided an adequate relocation assistance plan to assist in relocating tenants displaced by the conversion to comparable rental housing. Tenants existing at the date of conversion shall be granted the right of first refusal concerning the purchase of the units. Tenants who are sixty (60) years or older shall be offered lifetime leases. Tenants not qualifying for lifetime leases shall be offered a ten-year lease.

(Ord. No. 6247, § II(Exh. H), 10-23, 2018)

Sec. 26-88-195. - Small alcoholic beverage retail establishments.

This section establishes standards for small alcoholic beverage retail establishments, where allowed by the base zoning district.

(a)

Permit Requirement. Small alcoholic beverage retail establishments shall require a use permit. In granting a use permit for a small alcoholic beverage retail establishment and in making the findings required for use permit approval by section 26-92-080, the decision maker shall consider the following:

(1)

The number of alcohol licenses per capita within a one-half mile radius of the premises as compared to the county-wide average;

(2)

The numbers of calls for service, crimes, and arrests at the premises and within a one-half mile radius of the premises as compared to the county-wide average;

(3)

Whether the site plan and floor plan for the premises incorporate design features to assist in reducing alcohol-related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage objectionable activities.

(b)

Location Requirement. Small alcoholic beverage retail establishments shall be separated by a minimum of one thousand (1,000) feet from all schools, day care centers, park and recreation facilities, places of religious assembly, and other alcoholic beverage retail establishments. The distance shall be measured between the nearest entrances along the shortest route intended and available for public passage. An exception to this provision may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(1)

That the proposed use is located in an area where the number of calls for service, crimes, and arrests within a one-half mile radius of the premises is less than the county-wide average; and

(2)

There is adequate separation from the other uses specified above to deter loitering and exposure to alcohol sales.

(c)

Operating Standards. Small alcoholic beverage retail establishments shall comply with the following operating standards. In granting a use permit for a small alcoholic beverage retail establishment, the decision maker may impose additional operating standards as conditions of approval.

(1)

Customer and Site Visitor Management. The operator of the establishment shall take all reasonable steps, including contacting law enforcement officers in a timely manner, to prevent customers or other persons from engaging in objectionable activities on the premises, parking areas under the control of the operator, highways, roads, streets, sidewalks, lanes, alleys, and other public areas surrounding the premises, and adjacent properties during business hours.

(2)

Trash, Litter, Graffiti.

(i)

At least twice a week, the operator of the establishment shall remove trash, litter, and debris from the sidewalks adjoining the premises plus ten feet (10′) beyond property lines as well as any parking lots under the control of the operator.

(ii)

The operator of the establishment shall install and maintain a minimum of one permanent, non-flammable trash container with at least a sixty (60)-gallon capacity on the exterior of the premises.

(iii)

The operator of the establishment shall remove all graffiti from the premises and parking lots under the control of the operator within seventy-two (72) hours of its application.

(3)

Staff Training. Within ninety (90) days from issuance of a certificate of occupancy or if no building permit is required, within ninety (90) days of issuance of the use permit, all owners, managers, and employees selling alcoholic beverages at the establishment shall complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program shall meet the standards of the California Department of Alcoholic Beverage Control or other certifying/licensing body which the state may designate. New owners, managers, and employees shall complete the training course within thirty (30) days of the date of ownership or employment. Records of successful completion for each owner, manager, and employee shall be maintained on the premises and presented upon request by a representative of the county.

(4)

Staffing, Surveillance, and Security.

(i)

Signs and displays shall not obstruct the sales counter, cash register, and customers from view from the exterior of the premises.

(ii)

The operator of the establishment shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum, the external cameras shall monitor the entrance to the premises and vicinity of at least twenty (20) feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes or digital recording medium from these cameras shall be retained for at least ten (10) days from the date of recording before destruction or reuse. The tapes or digital recording medium shall be made available to the sheriff's department, or any other law enforcement agency, upon request. An exception to the requirement for exterior surveillance cameras and monitors may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(A)

That the proposed operation is located in an area where the number of calls for service, crimes, and within a one-half mile radius of the premises is less than the county-wide average; and

(B)

That there is adequate visibility of the exterior of the premises from the area of the cash register.

(iii)

A monitored robbery alarm system shall be installed and maintained in good working condition on the premises.

(iv)

Restrooms on the premises shall remain locked and under the control of the cashier.

(v)

The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

(5)

Limitations on Product Sales and Display.

(i)

Refrigerated coolers, tubs, and other storage containers holding alcoholic beverages shall be equipped with locking mechanisms that shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited by the California Department of Alcoholic Beverage Control regulations or license.

(ii)

No beer or wine shall be displayed within five feet (5′) of the cash register or front door of the premises.

(iii)

No video or arcade type games are permitted on the premises. California State Lottery games are permitted.

(6)

Signs, Lighting, Postings.

(i)

Premises identification shall comply with Article V, Division C of Chapter 13 of this code and the county's adopted road naming and addressing procedures and standards.

(ii)

A copy of the conditions of approval for the use permit shall be kept on the premises and shall be presented to any peace officer or any authorized county official upon request.

(iii)

Signs shall be posted on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

(iv)

Required interior and exterior signs shall be posted in English and the predominate languages spoken by nearby community patrons.

(v)

Premises shall be lit by high-pressure sodium or equivalent intensity fixtures. All site lighting and lighting for signs shall be down lit and directed away from residential uses.

(7)

Compliance with Other Requirements.

(i)

The operator of the establishment shall comply with all local, state, and federal laws, regulations, or orders, including those of the California Department of Alcoholic Beverage Control, as well as any conditions imposed by permits issued in compliance with those laws, regulations, or orders.

(ii)

The operator of the establishment shall comply with all provisions of this code and conditions imposed by county-issued permits.

(d)

Grounds for Modification or Revocation. In addition to the grounds in Section 26-92-120, the decision maker may require modification, discontinuance, or revocation of use permits for small alcoholic beverage retail establishments if the decision maker finds that the use is operated or maintained in a manner that:

(1)

Adversely affects the health, peace, or safety of persons living or working in the surrounding area;

(2)

Contributes to a public nuisance;

(3)

Has resulted in repeated objectionable activities;

(4)

Violates any provision of this code or condition imposed by a county-issued permit, or violates any provision of any other local, state, or federal law, regulation, or order, including those of the California Department of Alcoholic Beverage Control, or violates any condition imposed by permits issued in compliance with those laws, regulations, or orders.

(e)

Nonconforming Uses and Structures. Small alcoholic beverage retail establishments that were legally operating prior to the adoption of this section may continue to operate as nonconforming uses in compliance with the provisions of Article 94 of this chapter (nonconforming uses). In addition to those provisions, after the effective date of this section nonconforming small alcoholic beverage retail establishments shall be required to obtain approval of a use permit prior to any of the following:

(1)

Resumption of alcoholic beverage sales after the establishment's liquor license is revoked by the California Department of Alcoholic Beverage Control.

(2)

Resumption of alcoholic beverage sales after the establishment's liquor license is suspended for more than forty-five (45) days by the California Department of Alcoholic Beverage Control.

(3)

Any expansion of the size of the establishment.

(Ord. 5790 § 1(m), 2008.)

Sec. 26-88-200. - Renewable energy systems and facilities development standards.

Renewable Energy Systems and Facilities are allowed in accordance with permit requirements as shown in Table 1: Allowed Uses and Permit Requirements for Renewable Energy Systems and Facilities.

(a)

Accessory Renewable Energy Systems The following site planning and development standards shall apply to accessory renewable energy systems, defined as those designed to supply a total of not more than 125% of the calculated energy demand for all legally established onsite uses. Accessory renewable energy systems include attached wind systems and those not exceeding forty (40) feet in height; solar photovoltaic systems; low-temperature geothermal heating systems; geothermal heat pump systems; and bioenergy systems (and associated cogeneration facilities) where the feedstock is also produced onsite.

Accessory systems do not include systems designed or used primarily to supply off-site energy needs. Oversized accessory solar or bioenergy systems constructed on or within existing buildings or as shade structures over required parking areas are not subject to the 125% threshold when producing electricity for a feed-in tariff or Community Choice Aggregation Program.

(1)

Site Planning and Development Standards

(i)

Biotic Resources. Accessory renewable energy systems shall not be sited within designated sensitive biotic resource areas as designated in the General Plan, Zoning or Area Plan including wetlands, streams, threatened or endangered species habitat areas and/or habitat connectivity corridors.

(ii)

Scenic Resources. Accessory renewable energy systems located within scenic areas as designated in the General Plan, Zoning or Area Plan shall require administrative design review as set forth in 26.82.050 (Design Review). Systems shall be sited behind natural topography or vegetation when feasible.

(iii)

Farmland Protection. In the agricultural zoning districts, an accessory renewable energy system shall be sited to minimize any loss of Important Farmlands, and shall meet the requirements of General Plan Policy AR-4a. A Right to Farm declaration and an agricultural impact easement limiting the liability of farmers on nonagricultural uses shall be recorded. If the system is located on a site under a Land Conservation Act (Williamson Act) contract, the system must serve an agricultural or compatible use listed in the Uniform Rules for the Land Conservation Act Program.

(iv)

Fire Protection. An accessory renewable energy system shall meet Chapter 13 of the Sonoma County Code (the Fire Safety Ordinance). For roof-mounted solar systems, this includes 3 feet clear at roof edges, valley and hips, unless waived in writing by the Fire Marshal.

(v)

Grading and Access. Accessory renewable energy systems shall be sited to maintain natural grades and shall use existing roads for access. Grading and/or construction of new roads shall be allowed only where necessary to provide the system in proximity to the energy use or transmission and distribution system, and that an alternate location on the subject site is less suitable for environmental or visual reasons.

(vi)

Noise. Renewable energy systems shall not exceed the General Plan Noise Standards Table NE-2, measures at the nearest property line.

(vii)

Cessation of Use. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use, and shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within six (6) months.

(b)

Commercial Renewable Energy Facilities. The following siting criteria and development standards apply to all commercial (nonaccessory) renewable energy facilities which provide energy for off-site use, unless otherwise exempt, in addition to the applicable special use standards for the specific type of facility:

(1)

Siting Criteria.

(i)

Aesthetics. Renewable energy facilities shall be sited to minimize view impacts from public roads and adjacent residential areas, and shall require administrative design review as set forth in 26.82.050 (Design Review). Proposed facilities located within Scenic or Historic Resource combining zones shall also require design review of materials, colors, landscape, fencing and lighting plans. Any lighting shall be fully shielded, downward casting and not wash out onto structures, other properties or the night sky. The operator shall maintain the facility, including all required landscaping, in compliance with the approved design plans.

(ii)

Air Safety. Renewable energy facilities shall not be located within the approach zone (outer or inner safety zones) or the inner turning zones for any public use airport. Renewable energy facilities shall be sited and operated to avoid hazards to air navigation; sites located within a public use airport traffic zone will be required to provide an analysis documenting compliance with this standard. The owner/operator of a facility approved within a public airport's traffic zone shall be required to record an avigation easement and may be required to mark or light the facility for air traffic safety. The operator shall notify the FAA and California Division of Aeronautics of any structures in an airport traffic zone that are more than 200 feet above the ground elevation or that exceed airport imaginary surfaces as defined in Federal Aviation Regulations Part 77. If located on airport lands, the facility must meet the building setback approved on the Airport Layout Plan.

(iii)

Biotic Resources. Renewable energy facilities shall be sited to avoid or minimize impacts to sensitive biotic habitats including woodlands, wetlands, streams, and habitat connectivity corridors as identified in the General Plan, Area Plan, Specific Plan or a Biotic Resource combining zone. Projects located within or adjacent to these areas will require a biotic study at the time of use permit application to demonstrate that the facility avoids sensitive species to the maximum extent feasible and provides adequate mitigation of potential impacts.

(iv)

Cultural and Historic Resources. Renewable energy facilities shall be sited to avoid or mitigate impacts to significant cultural and historic resources. Projects located within a Historic District shall be subject to review by the Landmarks Commission, unless otherwise exempt. Projects involving grading more than 18inches in depth may require a cultural resources survey at the time of use permit application.

(v)

Farmland Protection. Where a commercial renewable energy facility is sited within an Agricultural Zone, the primary use of the parcel shall remain in agriculture pursuant to General Plan Policy AR-4a. A Right to Farm Declaration and Agricultural Use Easement shall be recorded to minimize conflicts with agricultural operations. A renewable energy facility shall not take mapped Important Farmlands out of agricultural production by removing permanent crops.

If the facility is located on a site under a Land Conservation Act (Williamson Act) contract, the facility must be listed as an agricultural or compatible use in the Agricultural Preserve Rules and allowed by the type of contract. The total site area for all compatible uses including renewable energy facilities shall not be greater than 15 percent of the parcel or 5 acres, whichever is less, unless determined by the Board of Supervisors that a larger site area is consistent with the principles of compatibility.

(vi)

Proximity to Utility Transmission Lines and Utility Notification. For renewable energy facilities interconnected to transmission lines greater than 6kV, the location of new transmission lines, poles, and utility sub-stations shall be identified on the site plans. If high voltage (100kV) or private transmission lines are proposed, they shall be considered as part of the use permit process for the renewable energy facility. No building permit for a renewable energy facility shall be issued until 1) evidence has been provided to the department that the proposed interconnection is acceptable to the utility; 2) the Planning Commission has reviewed and made a recommendation regarding the proposed transmission line route; and, 3) the California Public Utilities Commission has approved the location of any new utilityowned transmission lines.

(vii)

Grading and Access. Renewable energy facilities shall be sited to maintain natural grades and use existing roads for access to the extent practical. Construction of new roads shall be avoided as much as possible. Following use of temporary access roads, construction staging areas, or field office sites used during construction, all natural grades shall be restored and revegetated. The operator shall maintain an all-weather access road for maintenance and emergency vehicles.

(viii)

Land Use. Renewable energy accessory systems and commercial facilities shall be located within existing built or developed areas, on or within existing legally established structures or over parking areas to the extent practicable.

(2)

Development Standards.

(i)

Air Quality. During site preparation, grading and construction, the operator must implement best management practices to minimize dust and wind erosion including, regularly water roads and construction staging areas as necessary. Paved roads shall be swept as needed to remove any soil that has been carried onto them from the project site.

(ii)

Erosion and Sediment Control. The operator must have a stormwater management permit and an erosion and sediment control plan approved prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to minimize sediment run-off into waterways.

(iii)

Fire Protection. Renewable energy facilities shall meet Chapter 13 of the Sonoma County Code (the Fire Safety Ordinance). The operator must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), addressing, vegetation management and fire break maintenance around all structures.

(iv)

Noise. Renewable energy facilities shall be operated in compliance with the General Plan Noise Standards Table NE-2.

(v)

County Service Impacts/Sales and Use Taxes. Prior to issuance of any grading or building permit(s), the owner/operator shall enter into an agreement with the County, in a form approved by the County Counsel, governing payment of sales and use taxes. The owner/operator shall undertake specified actions in contracting for construction of the facility so as to allocate sales and use taxes paid in connection with the construction of the plant to the County. The owner/operator shall include language in its construction contracts identifying the jobsite as within the County and requiring its construction contractors to allocate sales and use taxes to the County, to the extent provided by law in its Board of Equalization filings and permits.

(vi)

Security and Fencing. The site area for a renewable energy facility must be fenced to prevent unauthorized access and provide adequate signage. Wildlife friendly fencing shall be used in rural areas. If needed, security lighting shall be motion sensored. Access gates and equipment cabinets must be locked at all times.

(vii)

Signs. Temporary signs describing the project, and providing contact information for the contractor and operator shall be placed during construction and must be removed prior to final inspection and operation. Signs for public or employee safety are required. No more than two signs relating the address and name of the operator/facility may be placed onsite, subject to administrative design review. Outdoor displays, billboards or advertising signs of any kind either on- or off-site are prohibited unless approved as a part of the use permit.

(viii)

Decommissioning. A decommissioning plan shall be required as part of any use permit for a renewable energy facility and must include the following:

(A)

Removal of all aboveground and underground equipment, structures not identified for re-use, fencing and foundations to a depth of three feet below grade. Underground equipment, structures and foundations located at least three feet below grade that do not constitute a hazard or interfere with the use of the land do not need to be removed.

(B)

Removal of graveled areas and access roads and placement of topsoil.

(C)

Restoration of the surface grade and placement of topsoil after removal of all structures and equipment including grading, revegetation and erosion control plans to return the site to an appropriate end use.

(D)

Revegetation of disturbed areas with native seed mixes and plant species suitable to the area. Documentation of a three (3) year maintenance agreement for all revegetated areas must be submitted prior to the restoration being considered complete.

(E)

The timeframe for completion of removal and restoration activities.

(F)

An engineer's cost estimate for all aspects of the restoration plan.

(G)

An agreement signed by the owner and operator that they take full responsibility for decommissioning and reclaiming the site in accordance with the Decomissioning Plan and Use Permit approval upon cessation of use.

(H)

A plan to comply with all state and federal requirements for reuse, recycling or disposal of potentially hazardous waste.

The facility operator is required to notify the department immediately upon termination or cessation of use or abandonment of the operation. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The operator shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within one (1) year.

(ix)

Financial Assurance. Financial assurance may be required for any commercial renewable energy facility, and shall be required for renewable energy facilities of 1 MW or larger or which exceed 5 acres in land area. At the time of issuance of the permit for the construction of the facility, the operator shall provide financial assurance in a form and amount acceptable to the Department to secure the expense of decommissioning, dismantling and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines/pipes in compliance with the approved restoration plan.

(x)

Abandonment. A renewable energy facility that ceases to produce electricity and/or useful heat and/or renewable fuel on a continuous basis for twelve (12) months shall be determined abandoned in compliance with the following procedures. Facilities determined by the County to be unsafe and facilities erected in violation of this section shall also be considered abandoned and shall be subject to code enforcement action.

(A)

The determination of abandonment shall be made by the code enforcement officer or his/her designee. The code enforcement officer or any other employee of the. Department shall have the right to request documentation and/or affidavits from the facility owner/operator regarding the use of the facility, and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred. The code enforcement officer's decision is appealable pursuant to Section 1-7.3 (b) of the Sonoma County Code.

(B)

Upon a determination of abandonment or other violation(s), the County shall send a notice to the owner and operator, indicating that the responsible party shall remove the facility and all associated structures, and begin restoration of the site to its approximate original condition within ninety (90) days of notice by the County, unless the County determines that the facilities must be removed in a shorter period to protect public safety or an alternative to resolving the violation is agreed upon. All restoration work shall be completed within one (1) year.

(C)

In the event that the responsible parties have failed to remove and/or restore the facility site or otherwise resolve the violation(s) within the specified time period, and the appeals have been exhausted, the County may use the financial security to remove the facility and restore the site. The County may thereafter initiate judicial proceedings or take any other steps authorized by law against the responsible parties to recover costs associated with the removal of structures determined to be a public hazard.

TABLE 1ALLOWED USES AND PERMIT REQUIREMENTS FOR RENEWABLE ENERGY SYSTEMS AND FACILITIES

Agricultural Agricultural Agricultural Resources Resources Residential Residential Residential Residential Residential Residential Commercial Commercial Commercial Commercial Commercial Commercial Special Special Industrial Industrial Industrial Industrial Facilities Facilities Special Use
Regulations
Land Use/Zoning District LIA1 LEA
1
DA1 RRD
1
TP AR1 RR R1 R2 R3 PC CO C1 C2 C3 LC RC AS K MP M1 M2 M3 PF RE
Utility & Resource-Based Uses
Renewable Energy Facilities
Bioenergy
Accessory system9 P P P P P P P P - - - P P P P P P P P P P P P P P 26-88-200 & 202
Accessory system using of-
site feedstock
MUP MUP MUP MUP MUP - - - - - - - - CUP MUP CUP CUP CUP CUP CUP CUP CUP MUP MUP ZP
Commercial facility or
exceeding thresholds above
CUP CUP CUP CUP CUP - - - - - - - - CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Geothermal
Accessory system - low temp
geothermal heat exchange
P P P P P P P P P P P P P P P P P P P P P P P P P 26-88-200 & 204
Commercial low temperature
power & heat
CUP CUP CUP CUP CUP P P P P P CUP P P P P P MUP MUP MUP P P P P P P
Commercial steam
geothermal generation
- - CUP CUP - - - - - - - - - - - - - - - - - - CUP CUP MUP
Solar
Accessory use - roof top or
ground mounted
P P P P P P P P P P P P P P P P P P P P P P P P P 26-88-200 & 206
Commercial P
mounted4
V use - roof- P P P P P P P P P P P P P P P P P P P P P P P P P
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
Minor commer
of parcel up to
cial PV < 15%
5 acres5
- CUP CUP CUP MUP CUP
3
CUP
3
- - - CUP MUP MUP ZP ZP ZP ZP CUP CUP ZP ZP ZP ZP MUP MUP
Commercial P
exceeding thre
V facility
sholds above5
- CUP
2
CUP
2
CUP
2
- - - - - - - - - CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP MUP
Thermal solar
facilities5
electric - - - - - - - - - - - - - - - - - - - - - - - CUP CUP
Wind
Accessory use
buildings
: Attached to P P P P P P P P P P P P P P P P P P P P P P P P P
Small wind en ergy6 ZP ZP ZP ZP ZP MUP MUP - - - - - - ZP ZP ZP ZP ZP ZP ZP ZP ZP ZP P P
Commercial fa
exceeding thre
cility or
sholds above
CUP CUP CUP CUP - - - - - - - - - CUP CUP CUP CUP CUP CUP CUP CUP MUP CUP CUP CUP
CoGeneration & Similar Technologies7
Accessory sys
onsite fuel sou
tems using
rce(s)
P P P P P P P P P P P P P P P P P P P P P P P P P
Accessory sys
site fuel sourc
tems using of-
e(s)
CUP CUP CUP CUP CUP - - - - - - - - CUP CUP CUP CUP CUP CUP CUP CUP ZP CUP ZP ZP
Commercial fa
exceeding thre
cility or
sholds above
CUP CUP CUP CUP - - - - - - - - - CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP MUP MUP
Other Similar a
Facility8
nd Compatible CUP CUP CUP CUP - - - - - - - - - CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
mit Required
Permitted use - ministerial; CEQA exempt; building permit only (with clearances and subject to standards)
Permitted use if standards met - CEQA exempt; Zoning permit and building permit only
Minor use permit or hearing waiver; CEQA applies unless cat exempt; can add conditions
Use permit - noticed hearing before planning commission; CEQA; can add conditions
Use not allowed
Type of Per mit Required
P Permitted use - ministerial; CEQA exempt; building permit only (with clearances and subject to standards)
ZP Permitted use if standards met - CEQA exempt; Zoning permit and building permit only
MUP Minor use permit or hearing waiver; CEQA applies unless cat exempt; can add conditions
CUP Use permit - noticed hearing before planning commission; CEQA; can add conditions
- Use not allowed

Notes:

1 If under Land Conservation (WA) contract, the facility must be listed as compatible use in the local Ag Preserve Rules; be allowed by the type of contract; and shall be no more that 15% of the parcel or 5 acres whichever is less, unless determined by the Board of Supervisors that a larger percentage is compatible and use permit is obtained.

2 On DA and LEA parcels, commercial solar facilities are limited to 30% of site area to a maximum of 50 acres unless a Rezone to add the RE Combining Zone is granted. On RRD parcels, the limit is 15% to a maximum of 5 acres unless a Rezone to add the RE is granted.

3 Commercial solar facilities allowed within the AR and RR zones only on parcels of at least 10 acres, subject to use permit.

4 Roof-mounted solar on legally established buildings or located on carports/shade structures over required parking only; see 26.88.206. C.

5 Excludes Important Farmlands mapped as Prime, Statewide, or Unique by the Farmlands Mapping & Monitoring program (FMMP); excludes designated Scenic and Biotic Resource Areas (SR and BR) unless a protective easement is recorded.

6 Maximum height is forty (40') feet on a parcel less than one (1) acre; sixty-five (65') feet on a parcel one (1) to less than five (5) acres; and maximum height of eighty (80') feet on a parcel of five (5) acres or more.

7 Cogeneration and similar technologies, including fuel cells, must result in a net reduction in carbon output in order to be considered a renewable facility as defined herein.

8 Other hybrid or emerging renewable energy technologies which in the opinion of the director are of a similar and compatible nature to those uses listed.

9 ≤15 gallons biodiesel generation exempt with Fire Code review and signoff. Oversized accessory bioenergy systems placed on or within existing structures or paved/compacted areas not subject to 125% limitation.

(Ord. No. 6046, §§ II(d), (e), Exhs. C, D, 9-10-2013)

Sec. 26-88-202. - Bioenergy facilities special use standards.

(a)

Purpose. This section establishes the minimum standards for bioenergy production facilities including ethanol, biodiesel and biogas, and related power generation and cogeneration facilities where allowed by the base zone. Bioenergy refers to power or fuels produced from any biomass material derived from plants, animals and organic waste streams.

(b)

Applicability. These standards apply to all bioenergy facilities as allowed by the base zone as shown in Table 1: Allowed Uses and Permit Requirements Renewable Energy Systems and Facilities in Section 26-88-200.

(c)

Limitations on Uses. Commercial bioenergy facilities are allowed as a compatible use on agricultural lands under Land Conservation Act (Williamson Act) contract only in areas that are not classified in the State Farmland Mapping and Monitoring Program as Prime Farmland, Farmland of Statewide Importance, or Unique

Farmland.

(d)

Accessory Bioenergy Production. Bioenergy and cogeneration facilities serving up to one hundred twenty-five percent (125%) of the onsite energy demand for a legally established use are permitted as an accessory use when feedstocks are produced onsite or the feedstocks are the byproduct of onsite agricultural processing, subject to the standards of Subsection E. Where feedstocks are imported from another site or where biofuels are exported off-site, a use permit shall be required.

Oversized accessory bioenergy systems located on or within existing structures or existing developed areas are not subject to the one hundred twenty-five percent (125%) threshold when producing electricity for a feed-in tariff or Community Choice Aggregation Program, but shall be limited to existing developed area of the site, as determined by the director.

(e)

Development Standards. The following standards shall apply to bioenergy production and cogeneration facilities, in addition to the general development standards of Section 26-88-200, Renewable Energy Facilities.

(1)

Setbacks. Bioenergy facilities shall comply with all setbacks of the underlying zone district, except that on parcels adjacent to a residential zone or off-site residential use, bioenergy production facilities shall maintain a minimum setback of two hundred feet (200') from the residential use or zone district. Greater setbacks may be established for large facilities.

(2)

Storage. The bioenergy production facility shall include sufficient storage for both raw materials and fuel production. Onsite storage shall also be provided for all additional byproducts resulting from bioenergy production, unless those additional products are used onsite through land application, livestock consumption, or similar as a part of the approved land use permit.

(3)

Regulatory Compliance. Buildings, facilities, and equipment used in the production and/or storage of bioenergy shall comply with all local, State, and Federal laws. The owner or operator of the biofuel production facility shall provide Sonoma County PRMD with proof that all necessary approvals had been obtained from State and Federal agencies involved in permitting any of the following aspects of biofuel production:

(i)

Air pollution emissions;

(ii)

Transportation of biofuel, or additional products resulting from biofuel production;

(iii)

Use or reuse of additional products resulting from biofuel production; and

(iv)

Storage of raw materials, fuel, and additional products used in, or resulting from, biofuel production.

(Ord. No. 6046, § II(f), Exh. E, 9-10-2013)

Sec. 26-88-204. - Geothermal and thermal solar facilities (Reserved).

(Ord. No. 6046, § II(g), 9-10-2013)

Sec. 26-88-206. - Solar energy facilities—Special use standards.

(a)

Purpose. This section establishes minimum development and operational standards for solar energy facilities, where allowed by the base zone or the Renewable Energy (RE) combining zone. The intent of these standards is to promote and facilitate the siting and permitting of solar electric (photovoltaic) systems and facilities in a manner that minimizes adverse environmental impacts.

(b)

Applicability. These standards apply to all solar energy facilities not otherwise exempted.

(c)

Exempt Facilities. The special use standards set forth in this section shall not apply to the following exempt systems:

(1)

Solar hot water systems designed as an accessory use to serve a legally established use of the property;

(2)

Solar photovoltaic systems, subject to planning clearance, that meet any one of the following:

(i)

Roof-mounted accessory systems and commercial facilities located on a legally established building containing the primary allowed use on the site, and/or on legally established accessory structure(s) containing use(s) allowed as accessory to the primary use, where the installations meet fire safe standards for access along the roof peak and eaves.

(ii)

Solar accessory systems and commercial facilities affixed to shade structures located over required parking areas, in accordance with parking and fire safe standards.

(iii)

Accessory ground mounted solar photovoltaic systems designed to provide no more than one hundred twenty-five percent (125%) of the estimated energy demand onsite meeting all of the following health and safety standards:

(A)

Not exceeding fifteen feet (15') in height, unless demonstrated by a structural engineer to meet public safety standards;

(B)

For residential installations, the system design capacity does not exceed the average kW use for similar sites, unless a higher energy need for legal uses on the installation site is demonstrated as determined by the Director, subject to a zoning permit;

(C)

The system installation complies with required yard setbacks and lot coverage limitations of the underlying zone district, unless demonstrated that the installation does not impair sight distance for safe access to or from the property or other properties in the vicinity as determined by the director subject to a zoning permit;

(D)

The system installation meets fire safe standards and provisions for emergency access, and defensible space around the system components are provided;

(E)

The system is not located over a septic system or leachfield area or identified reserve area, and is not located in a floodway as designated by FEMA; and

(F)

Does not otherwise create a fire or other safety hazard as determined by the fire marshal and building official.

(3)

Solar photovoltaic systems and facilities owned by the county or other local agency as defined in Government Code Section 53090 or the California Public Utility Code Section 12808.5.

(d)

Minor Commercial Solar Facilities (Incidental to a Primary Use). The following special use standards apply to all minor solar electric (PV) systems and facilities designed to provide energy for on- and off-site use, that are incidental to the primary use of the property. These standards apply in addition to the general site planning and development standards of Section 26-88-200.

(1)

Parcel Coverage. Minor commercial solar facilities shall cover less than fifteen percent (15%) of the parcel and no more than five (5) acres. The area covered by panels shall be the lesser of fifty percent (50%) of the maximum lot coverage allowed by the zone, or if applicable, fifty percent (50%) of the allowable building envelope as designated on a final map. Facilities mounted on the roof(s) of legal, permitted structures that otherwise comply with lot coverage maximums are exempt from these limitations.

(2)

Minimum Setbacks. The facility shall meet the minimum front yard setbacks for primary structures of the zone. In urban service areas, the facility shall meet fire safe standards and provisions for emergency access and defensible space around the facility are required.

(3)

Height Limits. Facilities mounted on a structure may exceed the height limit of the zone by no more than two feet (2'). Ground-mounted facilities shall not exceed 15-feet in height.

(4)

Incompatible Locations. Ground mounted facilities shall not be located in the following areas:

(i)

Over a septic system or leachfield area or identified reserve area;

(ii)

In a floodway as designated by FEMA;

(iii)

In a designated sensitive habitat or biotic resource area as identified in an adopted General Plan, Area Plan, Specific Plan or the California Natural Diversity Database; or

(iv)

In an approach zone (inner or outer safety zones) or the inner turning zone of a public use airport.

(5)

Performance Standards.

(i)

Glare. Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas.

(ii)

Farmland Protection. If the facility is located within or near an agricultural area, the owner/operator shall sign and record a Right to Farm declaration and an agricultural easement.

(e)

Commercial Solar Facilities. The following special use standards apply to all solar electric (PV) facilities that are developed as a primary use of the property as allowed by the underlying zone, in addition to the siting criteria and development standards of Section 26-88-200.

(1)

Minimum Setbacks. The facility shall meet the minimum front yard setbacks for primary structures of the zone. In urban service areas, the facility shall meet fire safe standards and access for emergency vehicles shall be provided along the periphery of the facility.

(2)

Height Limits. Facilities mounted on a structure may exceed the height limit of the zone by up to two feet (2'). Ground-mounted facilities shall not exceed fifteen feet (15') in height unless otherwise allowed by use permit.

(3)

Undergrounding Electrical. Electrical distribution lines on the project site shall be underground up to the low voltage side of the step up transformer, to the point of onsite use or to the utility interface point of an onsite substation. This provision may be waived by the decision-making body if the undergrounding is determined to be an undue burden.

(4)

Glare Effects. Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas. A detailed analysis of potential glare effects may be required at the time of application, and the applicant may be required to minimize glare effects by installing vegetative screens or berms, and/or by adjusting solar collector position or operation to minimize glare.

(5)

Farmland Protections. In addition to the Right to Farm and Agricultural Use Easement requirements set forth in Section 26-88-200(b)(1)(v), Farmland Protection, the site area used for the installation of a commercial solar facility shall exclude mapped Important Farmlands, and a protective easement may be required over these lands.

(6)

Scenic and Biotic Resource Protections. Ground-mounted commercial solar facilities shall not be located in the following areas:

(i)

Over a septic system or leachfield area or identified reserve area;

(ii)

In a floodway as designated by FEMA;

(iii)

Within a Scenic Resource (SR) or Biotic Resource (BR) combining zone, nor within a sensitive habitat or biotic resource area as identified in an adopted General Plan, Area Plan, Specific Plan, or the California Natural Diversity Database, unless a protective easement is recorded to protect these resources; or

(iv)

In an approach zone (inner or outer safety zones) or the inner turning zone of a public use airport.

(7)

Photovoltaic Module Management. Reuse, recycling or disposal of any photovoltaic panels shall be conducted in accordance with the Standards for Universal Waste Management—Photovoltaic Modules as set forth in Chapter 23 of the California Code of Regulations.

(Ord. No. 6046, § II(h), Exh. F, 9-10-2013)

Sec. 26-88-208. - Wind energy special use standards.

(a)

Purpose. This section establishes standards for the siting and operation of wind energy systems and facilities. This section is intended to implement the requirements of Government Code section 65892.13, while protecting the scenic and natural resources of the county and the health, safety and welfare of its residents to the extent permitted by law.

(b)

Applicability. These standards apply to all wind energy systems and facilities as allowed by the base zoning district as shown in Table 1 subject to the general development standards for renewable energy facilities in Section 26-88-200.

(1)

Exempt Accessory Wind Energy Systems. In any zoning district, accessory wind energy systems that are attached to a wall, roof or structural member of a legally established building are exempt from the development standards set forth herein, subject to the height and setback restrictions of the underlying zoning district.

(c)

Limitations on Location and Use. Wind energy systems and facilities shall not be located on a site that is:

(1)

Within a scenic corridor identified by the open space element of the General Plan;

(2)

Within a special studies zone established in compliance with the Alquist-Priolo Earthquake Fault Zoning Act;

(3)

Subject to a conservation easement established in compliance with Civil Code Section 815 et seq., that prohibits wind energy systems or facilities;

(4)

Subject to an open space easement established in compliance with Government Code Section 51070 et seq., that prohibits wind energy systems or facilities;

(5)

Subject to an agricultural conservation easement established in compliance with Government Code Section 10200 et seq., that prohibits wind energy systems or facilities;

(6)

Subject to a Williamson Act contract established in compliance with Government Code Section 51200 et seq., that prohibits small wind energy systems or facilities; or

(7)

Listed in the National Register of Historic Places, or the California Register of Historic Resources, in compliance with Public Resources Code Section 5024.1, or contains a structure that is so listed.

(d)

Development Standards. The following standards shall apply to wind energy systems and facilities, in addition to the general development standards for renewable energy set forth in Section 26-88-200, unless otherwise exempt:

(1)

The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel lines, and a minimum distance of ten feet (10') from any other structure on the parcel on which the system is located. On parcels of ten (10) acres or more, the parcel line setback may be reduced if the applicant demonstrates that:

(i)

Because of topography, strict adherence to the setback requirement would result in greater visibility of the system's tower than a reduced setback, and

(ii)

The system's tower is set back a minimum distance equal to the height of the tower from any structure on adjoining parcels;

(2)

The system's tower and supporting structures shall comply with any applicable fire setback requirements in the fire safe standards (Chapter 13, Article V of this Code);

(3)

The system's tower shall not exceed a maximum height of forty feet (40') on a parcel of less than one (1) acre, a maximum of sixty-five feet (65') on a parcel of one (1) to less than five (5) acres, and maximum height of eighty feet (80') on a parcel of five (5) acres or more, unless a use permit is obtained;

(4)

The system's tower shall be set back from and not project above the top of any visually prominent ridgeline;

(5)

The system's tower shall not significantly impair a scenic vista from a county-designated or state-designated scenic corridor;

(6)

The system's tower shall be located and screened by landforms, natural vegetation or other means to minimize visual impacts on neighboring residences and public roads, public trails and other public areas;

(7)

The system's tower and supporting structures shall be painted a single, neutral, nonreflective, nonglossy (for example, earth-tones, gray, black) that, to the extent possible, visually blends the system with the surrounding natural and built environments;

(8)

The system's turbine shall be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the commission's Renewables Investment Plan or certified by a national program recognized and approved by the commission;

(9)

The system shall be designed and constructed in compliance with the Uniform Building Code and National Electric Code. The safety of the design and construction shall be certified by a California-licensed mechanical, structural or civil engineer;

(10)

The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code);

(11)

The system shall be equipped with manual and automatic over speed controls. The conformance of rotor and over speed control design and fabrication to good engineering practices shall be certified by a California-licensed mechanical, structural or civil engineer;

(12)

The system's tower-climbing apparatus and blade tips shall be no closer than fifteen feet (15') from ground level unless the system is enclosed by a six-foot high fence;

(13)

The system's utility lines shall be underground where economically practical;

(14)

Where vegetation is removed in the construction of the system or an access road to the system, landscaping shall be planted to minimize visual impacts, avoid erosion and maintain stability of soils;

(15)

The system shall be operated such that no electro-magnetic interference is caused;

(16)

No more than one (1) accessory system shall be allowed on a parcel;

(17)

Decibel levels generated by the system shall not exceed the maximum noise levels applied pursuant to the noise element of the general plan, except during shortterm events including utility outages and severe wind storms;

(18)

Brand names or advertising associated with the system or the system's installation shall not be visible from any public place;

(19)

Signs warning of high voltage electricity shall be posted on stationary portions of the system's tower and any supporting structures, and at gated entry points to the site at a height of five feet (5') above the ground;

(20)

Upon abandonment or termination of the system's use, the entire facility, including the system's tower, turbine, supporting structures and all equipment, shall be removed and the site shall be restored to its preconstruction condition or other authorized use.

(Ord. No. 6046, § II(j), Exh. G, 9-10-2013)

Sec. 26-88-210. - Small-scale agricultural processing facility.

(A)

Purpose. This section establishes performance standards for small-scale agricultural processing facilities to support agricultural production and facilitate start up operations, while ensuring neighborhood compatibility and minimizing potential for environmental impacts. Where allowed by the base zone, a small-scale agricultural processing facility may be permitted with a zoning permit when documentation is provided that all of the performance standards set forth in subsection (C) are met.

(B)

Applicability. Small-scale agricultural processing facilities shall be permitted in the agricultural and resource zones: LIA (Land Intensive Agriculture), LEA (Land Extensive Agriculture), DA (Diverse Agriculture) and RRD (Resource and Rural Development). Small-scale agricultural processing does not include processing operations that produce alcoholic or cannabis products or involve animal slaughter and/or meat cutting and packing. Small-scale agricultural processing does not include cottage food operations which are defined separately and are an allowed use within a primary residence. Agricultural processing operations or facilities not meeting the following performance standards may still be permitted where allowed by the base zone, subject to issuance of a use permit.

(C)

Performance Standards. Small-scale agricultural processing facilities shall comply with the following standards in addition to the requirements of the base zone and other applicable combining zones.

(1)

Minimum Parcel Size/Maximum Size Thresholds. Small-scale agricultural processing facilities up to three thousand (3,000) square feet must be located on a parcel of at least two (2) acres in size; and up to five thousand (5,000) square feet on parcels five (5) acres or greater.

(2)

Number of Facilities. No more than one (1) small-scale agricultural processing facility may be approved per contiguous ownership. Multiple facilities may be considered with a Use Permit.

(3)

Sensitive Environmental Resource Areas. A biotic study prepared by a qualified professional shall demonstrate that sensitive environmental resource areas are avoided. The study may be waived by the Director if the facility is located in a previously developed area.

(4)

Square Footage Limitations. All small-scale agricultural processing activities shall be conducted inside a building or in covered outdoor areas. The total combined square footage of all such facilities, including buildings and areas where agricultural products are processed, aged, stored, packaged, and areas were equipment is stored and washed, shall not exceed the maximum size thresholds unless a use permit is obtained.

(5)

Building Permit. Agricultural processing facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.

(6)

Processing Commodities. At least seventy percent (70%) of the agricultural commodities used in the processing must be grown on-site or on lands owned or leased by the operator in the County.

(7)

Customer and Site Visitor Management. Educational tours are allowed subject to building code and accessibility requirements.

(8)

Compliance with County, other Agency, and Statutory Requirements. The operator shall comply with all applicable building, plumbing, electrical, fire and hazardous material codes set forth in the County Code. The operator shall also comply with all laws and regulations applicable to the type of processing facility proposed and obtain and or comply with all permit, license, approval, inspection, reporting and operational requirement required by other local State and Federal regulatory agencies having jurisdiction over the type processing operations proposed, and shall provide copies or other agency verification to Permit and Resource Management Department to serve as verification for such compliance.

(9)

Water System. Any water supply well used for agricultural processing facilities shall conform to the applicable requirements of Chapter 25b Water Wells of the County Code. The system must meet any performance or construction standards stipulated in the operational permits and well construction permit.

(10)

Water Supply - Quality. The water supply used by the agricultural processing facility shall comply with all applicable water quality standards and monitoring requirements as required by the applicable regulatory permitting agencies. Operators shall be responsible for submitting verification of compliance from the appropriate agency.

(11)

Water Supply - Quantity. For purposes of this section, the onsite water supply shall be considered adequate if:

(i)

The proposed processing facility would not result in a net increase in water use on site; or

(ii)

The water source is in Groundwater Availability Zones 1 or 2 and is not within a groundwater basin which has an adopted groundwater management plan; or

(iii)

The water source is in Groundwater Availability Zone 3 or is within a groundwater basin covered by an adopted groundwater management plan, and a qualified professional prepares a hydrogeologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet existing and proposed uses on the site on a sustained basis, and the operation of the agricultural processing facility will not: 1) exacerbate an overdraft condition in a groundwater basin; 2) result in reduction of critical flow in nearby streams; or 3) result in well interference at offsite wells.

(12)

Groundwater Monitoring. Water wells used for agricultural processing facilities shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be calibrated at least once every five (5) years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the Permit and Resource Management Department, Project Review Division by January 31 of each year. The annual report shall show a cumulative hydrograph of static water levels and the total quarterly quantities of water pumped from well(s) used in processing.

(13)

Waste Management. A waste management plan addressing the storing, handling and disposing of all waste by-products of the processing activities shall be submitted for review and approval by the Director. This plan should characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in an environmentally sound manner which does not result in adverse environmental impacts, nuisance complaints or health hazards.

Where waste discharge is within the jurisdiction of a Regional Water Quality Control Board, the owner or operator shall provide the Director with documentation of Waste Discharge Requirements, or waiver thereof, and shall comply with applicable discharge and monitoring conditions.

(14)

Septic Systems. The owner shall maintain a properly functioning septic system which complies with sewage disposal regulations set forth in Chapter 24 of the County Code. The nature and quantity of the waste discharged shall not exceed the design capacity of the septic system and any existing restrictions unless a new code-conforming replacement septic system is built. Septic systems built before 1975 need additional testing in order to determine the design capacity of the system. Proper functioning and design capacity of the septic system shall be verified by a registered Civil Engineer or registered Environmental Health Specialist.

(15)

Hours of Operation. Indoor processing activities may be conducted seven (7) days a week, 24-hours per day as needed. Outdoor processing activities, deliveries and shipping shall be limited to the hours from 8:00 a.m. to 5:00 p.m., except during seasonal harvest when the hours may be extended for limited periods.

(16)

Noise Limits. Noise generation shall not exceed the General Plan noise standards

(17)

Signage. The small-scale agricultural processing facility shall be limited to one (1) non-illuminated sign not exceeding sixteen (16) square feet.

(18)

Lighting. All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.

(19)

Setbacks. In addition to structural setbacks of the base zone, agricultural processing facilities shall be set back a minimum of sixty feet (60') from watering troughs, feed troughs, and buildings, pens or similar quarters where livestock or poultry congregate or are confined. Outdoor loading and activity areas must be located at least two hundred (200) feet from the outdoor activity area of any dwelling unit on an adjacent property.

(Ord. No. 6081, § VII (Exh. A), 7-29-2014)

Sec. 26-88-215. - Farm retail sales.

(a)

Purpose. This section establishes standards for year-round on-farm retail sales to encourage and increase opportunities for access to healthy foods, support continued use of agricultural lands for agricultural production, improve the economic viability of farming enterprises, while retaining the rural character of agricultural areas and ensuring the potential for land use conflicts and environmental impacts are minimized.

(b)

Applicability. This section shall apply to farm retail sales of products grown on site or other lands owned or leased by the farm operator as allowed by the base zone, excluding alcoholic beverages and cannabis products. Farm retail sales do not include cottage food operations which are defined separately and are an allowed use within a primary residence.

(c)

Standards. Small-scale Farm Retail Sales facilities are permitted with a zoning permit subject to the following requirements.

(1)

Minimum parcel size. Small agricultural retail sales facilities must be located on a parcel of at least two (2) acres in size.

(2)

Maximum Size. The maximum retail area shall not exceed five hundred (500) square feet. For purposes of this standard, outdoor growing areas of U-pick and U- cut operations shall not apply to the facility size calculation.

(3)

Building Permit. Retail sales facilities require a building permit and shall comply with applicable building codes including requirements for accessibility, restrooms, and washing facilities.

(4)

Onsite sales. Onsite retail sales shall be limited to whole produce, eggs, honey or value-added prepackaged foods or non-food products processed from crops grown on site or other lands owned or leased by the farm operator.

(5)

Incidental Sales. Not more than ten percent (10%) of the floor area, up to a maximum of fifty (50) square feet may be devoted to the sale of incidental goods and promotional items not produced by the owner or operator of the agricultural enterprise.

(6)

Hours of operation. Hours of operation for retail sales facility shall be limited to 10:00 a.m. to 6:00 p.m. seven (7) days per week.

(7)

Food Safety. All food storage, handling, labeling and retailing shall comply with the California Retail Food Code and other applicable federal, state and local laws and food safety regulations and permitting requirements.

(8)

Food Sampling. Food sampling shall be limited to fresh produce and prepackaged processed foods grown on site in compliance with a retail food facility permit. No other food service is allowed.

(9)

Signage. Signs up to sixteen (16) square feet are allowed in compliance with Article 84 of this Chapter. Sign text shall be limited to the name of the agricultural enterprise, the address, and the general type of produce sold. Banners, flags or balloons or cost advertisements shall not be allowed. One (1) portable sandwich board sign is allowed on site, provided that it does not exceed nine (9) square feet per side and is removed when the facility is closed. Offsite signs are prohibited.

(10)

Incidental Agricultural Promotional Activities. Educational tours for promotion of agricultural products are allowed. Participation in farm trails and similar promotional activities is allowed.

(11)

Setbacks. Sales facilities shall meet the setbacks of the base zone and any combining zones.

(12)

Access and Off-Street Parking. Farm retail sales facilities shall be located on parcels having direct access to a publicly maintained road. A minimum of three (3) spaces is required on-site. All customer and employee parking shall be provided onsite.

(13)

Noise. Noise generation shall not exceed General Plan noise standards.

(14)

Weights and Measures. All scales used for retail sales shall be approved for commercial use and sealed by the Sonoma County Agricultural Commissioner's Office of Weights and Measures.

(15)

Right to Farm. The owner/operator of the retail sales facility shall file and record a Right to Farm Declaration pursuant to Sonoma County Code Chapter 30, Article 2.

(Ord. No. 6081, § VIII(Exh. B), 7-29-2014)

Sec. 26-88-250. - Commercial cannabis uses.

(a)

Purpose. This section provides the development and operating standards for commercial cannabis activities to ensure neighborhood compatibility, minimize potential environmental impacts, provide safe access to medicine, and provide opportunities for economic development.

(b)

Applicability. Commercial cannabis activities shall be permitted only in compliance with the requirements of Sections 26-88-250 through 26-88-256 and all other applicable requirements for the specific type of use and those of the underlying base zone.

(c)

Limitations on Use. The following limitations apply to all commercial cannabis activities.

(1)

Commercial cannabis uses for non-medical cannabis for adult use is prohibited, unless a use permit is obtained.

(2)

Commercial cannabis activities shall only be allowed in compliance with all applicable county codes, including but not limited to, grading, building, plumbing, septic, electrical, fire, hazardous materials, and public health and safety.

(3)

The permit holder shall comply with all laws and regulations applicable to the type of use and shall comply with all permit, license, approval, inspection, reporting and operational requirements of other local, state, or other agencies having jurisdiction over the type of operation. The permit holder shall provide copies of other agency and department permits, licenses, or certificates to the review authority to serve as verification for such compliance.

(4)

Permits for commercial cannabis activities shall only be issued where written permission from the property owner or landlord is provided.

(5)

Tasting, promotional activities, and events related to commercial cannabis activities are prohibited.

(6)

Commercial cannabis activities are prohibited from using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as

determined by the fire marshall.

(d)

Permit Requirements. Commercial cannabis activities shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. No other type of commercial cannabis activities are permitted except as specified in Table 1A-D. The county may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this chapter, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the county code. Commercial cannabis activities shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services.

(e)

Term of Permit. Zoning permits for commercial cannabis activities shall be issued for a limited term not to exceed one (1) year from the date of permit approval. Use permits for commercial cannabis activities may be approved for a limited term of up to five (5) years from the date the use permit certificate is issued, after all pre-operational conditions of the use permit have been met. Limited term permits shall expire and have no further effect unless a complete application for renewal is submitted prior to the expiration date. No property interest, vested right, or entitlement to receive a future permit to conduct a commercial cannabis activity shall ever inure to the benefit of such permit holder.

(f)

Health and Safety. Commercial cannabis activity shall not create a public nuisance or adversely affect the health or safety of the nearby residents or businesses by creating dust, light, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe conditions or other impacts, or be hazardous due to the use or storage of materials, processes, products, runoff or wastes.

(g)

Taxes. Permit holders shall comply with Sonoma County Code Section 35, the Sonoma County Cannabis Business Tax Ordinance, and any additional taxes that may be enacted by the voters or any additional regulations that may be promulgated.

(h)

Operator Qualifications. Cannabis operators must meet the following qualifications:

(1)

Cannabis operators and all employees must be at least twenty-one (21) years of age.

(2)

Cannabis operators shall be subject to background search by the California Department of Justice. Permits for commercial cannabis activities shall not be approved for operators with serious or violent felony convictions, as specified in subdivision (c) of Section 1192.7 of the Penal Code and subdivision (c) of Section 667.5 of the Penal Code.

(3)

Cannabis operators must have authority to legally bind the person applying for and/or operating pursuant to a permit.

(4)

Cannabis operators must meet the definition of a cannabis business owner.

(i)

Weights and Measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures.

(j)

Tracking. Permit holders shall comply with any track and trace program established by the county and state agencies. Permit holders must maintain records tracking all cannabis and cannabis products and shall make all records related to commercial cannabis activity available to the county upon request.

(k)

Inspections. Premises shall be subject to inspections by appropriate local and state agencies, including but not limited to the Department of Agriculture/Weights and Measures and Permit and Resource Management Department. Premises shall be inspected at random times for conformance with the county code and permit requirements. The inspection shall be conducted during regular business hours. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit and order the permit holder to immediately cease operations.

(l)

Monitoring. Permit holders shall be subject to monitoring. A fee may be adopted by the board of supervisors and collected by the agency having jurisdiction or the county tax collector to pay for monitoring and enforcement.

(m)

Appeals. Appeals of any permit issuance or denial issued by the Department of Agriculture/Weights and Measures shall be subject to review and appeal procedures pursuant to Chapter 36. Appeals of any permit issuance or denial issued by PRMD shall be subject to review and appeal procedures pursuant to Chapter 26.

(n)

Exercise of Permit and Notification of Changes. Permits are issued to and held by the person engaged in commercial cannabis activity, and specific to the premises for which it was issued. A permit holder shall, at all times, have one (1) cannabis operator. Prior written notice must be provided to the agency having jurisdiction for any changes to ownership or cannabis operator, and any changes must comply with applicable code requirements. New cannabis operators shall be required to participate in an orientation and/or exam(s), as determined by the agency having jurisdiction. Permit holders shall notify the agency having jurisdiction prior to any of the following:

(1)

A new person meeting the definition of cannabis business owner of the permit holder.

(2)

Change in business entity type of the permit holder.

(3)

Change in legal business name of the permit holder.

(4)

A new person serving as operator of the permit holder.

(5)

A new property owner of the parcel on which the premises is located.

(o)

Permit Renewal. Applications for permit renewal may be administratively approved by the agency having jurisdiction only if:

(1)

The use has been conducted in accordance with this section, with the operation's approved plan, and with all applicable use permit conditions of approval;

(2)

There are no outstanding violations related to health, safety, land use, or tax; and;

(3)

The requirements of Section 26-92-040 are met.

(p)

Indemnification of County. At the time of submitting an application for a permit pursuant to Sections 26-88-250 through Section 26-88-256, the applicant, and, if different than applicant, the lawful owner(s) of the property on which applicant seeks approval to engage in any commercial cannabis activity, shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

Table 1A: Allowed Cannabis Uses and Permit Requirements for Agricultural and Resource Zones

Land Use Maximum
Cultivation
Area Per
Parcel
(square
feet or
plant)
Minimum
Parcel Size
Land
Intensive
Agriculture
Land
Extensive
Agriculture
Diverse
Agriculture
Resources
Rural
Development
Timber
Preserve
Special Use
Regulations
LIA1 LEA1 DA1 RRD1 TP
Cannabis Uses
Personal Cultivation 100 sq ft
including
up to 6
plants for
adult use,
per
residence
None P P P P P 26-88-250—
26-88-254
--- --- --- --- --- --- --- --- ---
Commercial Cannabis Uses
Cottage 25 plants 10 ac ZP ZP ZP MUP
Specialty Outdoor 5,000 sq.
ft. or 50
plants
10 ac CUP ZP ZP CUP
Small Outdoor 5,001—
10,000
10 ac CUP ZP ZP CUP
Medium Outdoor 10,001—
43,560
10 ac CUP CUP CUP CUP
Nursery Outdoor Limited as
Expressed
Above
CUP CUP CUP CUP
Indoor Cultivation
Cottage 500 10 ac ZP2 ZP2 ZP2 MUP2
Specialty Indoor 501—
5,000
10 ac CUP2 CUP2 CUP2 CUP2
Small Indoor 5,001—
10,000
10 ac
Medium Indoor 10,001—
22,000
10 ac
Nursery Indoor Limited as
Expressed
Above
CUP2 CUP2 CUP2 CUP2
Mixed Light Cultivation
Cottage 2,500 10 ac ZP2 ZP2 ZP2 MUP
Specialty Mixed Light 2,501—
5,000
10 ac CUP2 CUP CUP CUP
Small Mixed Light 5,001—
10,000
10 ac CUP2 CUP CUP CUP
Medium Mixed Light 10,001—
22,000
10 ac
Nursery Mixed Light Limited as
Expressed
Above
CUP2 CUP CUP CUP
Centralized Processing 10 ac CUP2 CUP2 CUP2
Distributor-Transport Only3 10 ac MUP MUP MUP MUP
--- ---
Type of Permit Required
ZP Permitted Use if standards met- CEQA exempt; Zoning Permit and Building Permit only
MUP Minor Use Permit or Hearing Waiver; CEQA applies unless Cat Exempt; can add conditions
CUP Use Permit — noticed hearing before Planning Commission; CEQA; can add conditions
Use not allowed

Notes:

1 Commercial Cannabis Uses on properties with a Land Conservation (Williamson Act) Act Contract are subject to Uniform Rules for Agricultural Preserves.

2 Within existing previously developed areas, including hardscape, or legally established structures built (finaled) prior to January 1, 2016. No net increase in impervious surface.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis goods that the licensee has cultivated or manufactured.

Table 1B: Allowed Cannabis Uses and Permit Requirements for Commercial Zones

Land Use Maximum
Cultivation
Area Per
Parcel
Minimum
Parcel
Size
Commercial
Ofce
Neighborhood
Commercial
Retail
Business
and
Services
General
Commercial
Limited
Commercial
Commercial
Rural
Agricultural
Services
Recreation
and Visitor
Serving
Specia
Use
Regula
CO C1 C2 C3 LC CR AS K
Cannabis Uses
Personal Cultivation
1
100 sq ft
including
up to 6
plants for
adult use,
per
residence
None P P P P P P 26-88-2
26-88-2
and
26-88-2
Testing/Laboratories per use
permit
MUP MUP
Dispensaries:
Storefront and
Delivery
per use
permit
CUP CUP CUP
Type of Permit Required
MUP Minor Use Permit or Hearing Waiver; CEQA applies unless Cat Exempt; can add conditions
CUP Use Permit — noticed hearing before Planning Commission; CEQA; can add conditions
Use not allowed

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

Table 1C: Allowed Cannabis Uses and Permit Requirements for Industrial Zones

Land Use Maximum
Cultivation
Area Per
Parcel
(square
feet or
plant)
Minimum
Parcel Size
Industrial
Park
Limited
Urban
Industrial
Heavy
Industrial
Limited
Rural
Industrial
Public
Facilities
Special Use
Regulations
MP M1 M2 M3 PF
Cannabis Uses
Personal Cultivation1 100 sq ft
including
up to 6
plants for
adult use,
per
residence
None P P P P P 26-88-250—
26-88-252
Indoor Cultivation
Cottage 500 None ZP ZP ZP ZP
Specialty Indoor 501—
5,000
None MUP MUP MUP MUP
Small Indoor 5,001—
10,000
None MUP MUP MUP MUP
Medium Indoor 10,001—
22,000
None MUP MUP MUP MUP
Nursery Indoor Limited as
Expressed
Above
MUP MUP MUP MUP
--- --- --- --- --- --- --- --- ---
Mixed Light Cultivation
Cottage 2,500 2 ac MUP MUP MUP
Specialty Mixed Light 2,501—
5,000
3 ac MUP MUP MUP
Small Mixed Light 5,001—
10,000
5 ac MUP MUP MUP
Medium Mixed Light 10,001—
22,000
10 ac MUP MUP MUP
Nursery Mixed Light Limited as
Expressed
Above
MUP MUP MUP
Testing/Laboratories MUP MUP MUP MUP
Manufacturing
Level 1 — nonvolatile solvents per use
permit
MUP MUP MUP MUP
Centralized Processing per use
permit
MUP MUP MUP MUP
Microbusiness2 per use
permit
MUP MUP MUP MUP
Distributor-Transport per use
permit
MUP MUP MUP MUP
Distributer-Transport Only3 per use
permit
MUP MUP MUP MUP
--- ---
Type of Permit Required
ZP Permitted Use if standards met- CEQA exempt; Zoning Permit and Building Permit only
MUP Minor Use Permit or Hearing Waiver; CEQA applies unless Cat Exempt; can add conditions
Use not allowed

Notes:

1 Personal Outdoor Cultivation is prohibited in multifamily units and in the R2 and R3 zones

2 Does not alter the already allowed uses and only formalizes the potential to request this combined state license type.

3 Distributer-Transport Only restricts the licensee to only transporting cannabis of the licensee.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-250 to read as herein set out. Former § 26-88-250 was titled, "Commercial cannabis uses—Medical."

Sec. 26-88-252. - Enforcement.

(a)

Enforcement.

(1)

Enforcement of Violations. A violation of Sections 26-88-250 through 26-88-258 is subject to enforcement under Chapter 1.

(2)

Enforcing Officer. The Director and the Agricultural Commissioner are authorized to enforce the provisions of Sections 26-88-250 through 26-88-258 and serve as the enforcing officer for purposes of Chapter 1.

(b)

Suspension, Revocation or Modification.

(1)

Cause for Revocation. A permit, license or approval issued under Sections 26-88-250 through 26-88-258 may be suspended, revoked, or modified by the agency having jurisdiction, if the director or the agricultural commissioner determines any of the following:

a.

Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification;

b.

The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application; or

c.

A condition or standard of the permit has not been substantially fulfilled or has been violated.

(2)

Revocation Process. A suspension, revocation, or modification action taken by the department of agriculture/weights and measures is subject to prior notice and the opportunity for an administrative hearing. A suspension, revocation, or modification action taken by the permit and resource management department is subject to review and appeal procedures pursuant to Chapter 26.

(3)

Effect of Revocation.

a.

The revocation of a cannabis permit terminates the permit and the privileges granted by the permit.

b.

The permit holder and each person who meets the definition of cannabis business owner of the permit holder cannot apply for or be issued a permit for any commercial cannabis activity for at least two (2) years.

(Ord. No. 6322, § III(Exh. B), 9-1-2020; Ord. No. 6319, § III(Exh. B), 8-18-2020; Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-202016)

Sec. 26-88-254. - Cannabis cultivation—commercial.

(a)

Purpose. This section establishes development criteria and operating standards for commercial cannabis cultivation as allowed by the base zone in compliance with Section 26-88-250, Commercial Cannabis Uses.

(b)

Applicability. This section shall apply to all commercial cannabis cultivation, including but not limited to, outdoor, indoor, and mixed light cultivation and associated drying, curing, grading, and trimming facilities including centralized processing facilities. Commercial cannabis cultivation operations shall comply with this section in addition to the requirements of Section 26-88-250, Commercial Cannabis Uses.

(c)

Permit Requirements. Commercial cannabis cultivation shall be subject to the land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements. Zoning permits for outdoor cultivation may be issued by the Department of Agriculture/Weights, and Measures. Zoning permits and use permits for all other cultivation activities shall be issued by the permit and resource management department. New structures, roads, and fences or conversion of existing structures or shipping containers, or similar structures, to cannabis cultivation shall be subject to design standards maintained by the review authority.

(d)

Limitations on Use. All cultivation shall be conducted and maintained in compliance with this section and the best management practices for cannabis cultivation issued by the agricultural commissioner. The Agricultural Commissioner shall establish and publish the applicable best management practices and shall enforce the provisions of this section for outdoor cultivation areas and management of pesticides and fertilizers for all cultivation types. Permanent structures used in cultivation shall be subject to permits issued by the permit and resource management department and other agencies having jurisdiction and shall be conducted and maintained in compliance with this code.

(e)

Multiple Permits. Multiple cultivation permit applications will be processed concurrently. Multiple cultivation permits may be issued to a single person, provided that the total combined cultivation area within the county does not exceed one (1) acre. For the purposes of this provision, the entire cultivation area of a permit shall be attributed in full to each person who meets the definition of cannabis business owner of the permit holder.

(f)

Development Criteria.

(1)

Minimum Lot Size. A minimum lot size of ten (10) acres is required for all commercial cannabis operations in the agricultural and resource zones (LIA, LEA, DA, RRD).

(2)

Multi-Tenant Operations. Multiple zoning permits may be issued on a single parcel provided that the aggregate cultivation area does not require a use permit per Table 1A-D Allowed Cannabis Uses and Permit Requirements.

(3)

Square Footage Limitations. The total combined square footage of the cultivation area shall not exceed the maximum size thresholds as defined in Table 1A-D Allowable Cannabis Uses and Permit Requirements which provides the maximum size per parcel.

(4)

Propagation and Vegetative Production Area.

a.

Vegetative and other non-flowering propagative cannabis plant material may be cultivated for on-site use, subject to land use permit requirements as shown in Table 1A-D Allowed Cannabis Uses and Permit Requirements.

b.

Additional propagation and vegetative production area may be considered with a use permit, not to exceed twenty-five percent (25%) of the permitted cultivation area, provided this plant material is kept in a separate, unique area away from flowering plants.

(5)

Cannabis Processing. No more than nine (9) centralized cannabis processing facilities shall be permitted in agricultural zones within the unincorporated county at any one (1) time and shall be allowed to process cannabis from onsite and within the local area. All other processing is limited to on-site cultivation use only.

(6)

Property Setbacks - Outdoor. Outdoor cultivation areas and all structures associated with the cultivation shall not be located in the front yard setback area and shall be screened from public view. Outdoor cultivation areas shall not be visible from a public right of way. Outdoor cultivation areas shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties.

Outdoor cultivation sites shall be setback a minimum of one thousand feet (1,000') from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.

(7)

Property Setbacks - Indoor. All structures used for indoor cultivation shall comply with the setbacks for the base zone and any applicable combining zone. Structures associated with cultivation shall not be located in the front yard setback area and shall be screened from public view. There shall be no exterior evidence of cultivation either within or outside the structure.

Indoor cultivation within agricultural and resource zones shall be setback a minimum of six hundred feet (600') from a school providing education to K-12 grades. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use.

(8)

Property Setbacks- Mixed Light. Mixed light structures shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties in agricultural and resource zones. Mixed Light structures in industrial zones shall be setback three hundred feet (300') from residences on surrounding properties.

perty Setbacks- Mixed Light. Mixed light structures shall be setback a minimum of one hundred feet (100') from property lines and a minimum of three hundred feet (300') from residences and business structures on surrounding properties in agricultural and resource zones. Mixed Light structures in industrial zones shall be setback three hundred feet (300') from residences on surrounding properties.

Mixed light structures in all zones shall be setback a minimum of one thousand feet (1,000') from a school providing education to K-12 grades, a public park, childcare centers, or an alcohol or drug treatment facility. The distance shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis cultivation use. This park setback may be reduced with a use permit when it is determined that an actual physical equivalent separation exists due to topography, vegetation or slope, that no offsite impacts will occur, and that the cannabis operation is not accessible or visible from the park.

(9)

Airport Compatibility. All cannabis operations shall comply with the comprehensive airport land use plan.

(10)

Building Requirements. All structures used in commercial cultivation shall comply with all applicable sections of the county code.

(11)

Biotic Resources. Proposed cultivation operations, including all associated structures, shall require a biotic resource assessment at the time of application that demonstrates that the project is not located within, and will not impact sensitive or special status species habitat, unless a use permit is obtained. Any proposed cultivation operation, including all associated structures, located within adopted federal critical habitat areas must have either all appropriate permits from the applicable state and federal agencies with jurisdiction over the listed species, or a biotic assessment concluding that the project will not result in "take" of a protected wildlife species within the meaning of either the federal or California Endangered Species Acts.

(12)

Conversion of Timberland. Cannabis cultivation activities, including associated structures, may only be located within a non-forested area that was in existence prior to December 20, 2016, and there shall be no tree removal or timber conversions to accommodate cultivation sites, unless a use permit is obtained.

(13)

Property Setbacks - Riparian Corridor Stream Conservation Areas. Structures used for cultivation shall be located outside the Riparian Corridor Stream Conservation Areas (RC combining zone) and outside any designated Biotic Habitat area (BH combining zone). Outdoor cultivation areas shall conform to the agricultural Riparian Corridor setback set forth in Section 26-65-040. Outdoor cultivation areas shall conform to the wetland setback set forth in Section 36-16120, unless a use permit is obtained.

(14)

Cultural and Historic Resources. Cultivation sites shall avoid impacts to significant cultural and historic resources by complying with the following standards. Sites located within a historic district shall be subject to review by the landmarks commission, unless otherwise exempt, consistent with Section 26-68-020 and shall be required to obtain a use permit. Cultivation operations involving ground disturbing activities, including but not limited to, new structures, roads, water storage, trenching for utilities, water, wastewater, or drainage systems shall be subject to design standards and referral to the Northwest Information Center and local tribes. A use permit will be required if mitigation is recommended by the cultural resource survey or local tribe.

The following minimum standards shall apply to cultivation permits involving ground disturbance. All grading and building permits shall include the following notes on the plans:

If paleontological resources or prehistoric, historic-period or tribal cultural resources are encountered during ground-disturbing work at the project location, all work in the immediate vicinity shall be halted and the operator must immediately notify the agency having jurisdiction of the find. The operator shall be responsible for the cost to have a qualified paleontologist, archaeologist and tribal cultural resource specialist under contract to evaluate the find and make recommendations in a report to the agency having jurisdiction.

Paleontological resources include fossils of animals, plants or other organisms. Historic-period resources include backfilled privies, wells, and refuse pits; concrete, stone, or wood structural elements or foundations; and concentrations of metal, glass, and ceramic refuse. Prehistoric and tribal cultural resources include obsidian and chert flaked-stone tools (e.g., projectile points, knives, choppers), midden (culturally darkened soil containing heat-affected rock, artifacts, animal bone, or shellfish remains), stone milling equipment, such as mortars and pestles, and certain sites features, places, cultural landscapes, sacred places and objects with cultural value to a California Native American tribe.

If human remains are encountered, work in the immediate vicinity will stop and the operator shall notify the agency having jurisdiction and the Sonoma County Coroner immediately. At the same time, the operator shall be responsible for the cost to have a qualified archaeologist under contract to evaluate the discovery. If the human remains are determined to be of Native American origin, the Coroner must notify the Native American Heritage Commission within twenty-four (24) hours of this identification.

(15)

Farmland Protection. Where a commercial cultivation site is located within an agricultural zone (LIA, LEA, DA), the operation shall be consistent with General Plan Policy AR-4a. Indoor and mixed light cultivation facilities shall not remove agricultural production within important farmlands, including prime, unique and farmlands of statewide importance as designated by the state farmland mapping and monitoring program, but may offset by relocating agricultural production on a 1:1 ratio.

If the premises is located on a site under a Land Conservation Act (Williamson Act) contract, the use must comply with the Land Conservation Act contract, any applicable land conservation plan, and the Sonoma County Uniform Rules for Agricultural Preserves and Farmland Security Zones, including provisions governing the type and extent of compatible uses listed therein.

(16)

Fire Code Requirements. The applicant shall prepare and implement a fire prevention plan for construction and ongoing operations and obtain any permits required from the fire and emergency services department. The fire prevention plan shall include, but not be limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management and fire break maintenance around all structures.

(17)

Grading and Access. Cultivation sites shall be prohibited on natural slopes steeper than fifteen percent (15%), as defined by Section 11-22-020, unless a use permit is obtained. Grading shall be subject to a grading permit in compliance with Chapter 11 of the county code.

(18)

Hazardous Materials Sites. No commercial cannabis activity shall be sited on a parcel listed as a hazardous materials site compiled pursuant to Government Code Section 65962.5, unless a use permit is obtained.

(19)

Lighting. All lighting shall be fully shielded, downward casting and not spill over onto structures, other properties or the night sky. All indoor and mixed light operations shall be fully contained so that little to no light escapes. Light shall not escape at a level that is visible from neighboring properties between sunset and sunrise.

(20)

Runoff and Stormwater Control. Runoff containing sediment or other waste or by-products shall not be allowed to drain to the storm drain system, waterways, or adjacent lands. Prior to beginning grading or construction, the operator shall prepare and implement a storm water management plan and an erosion and sediment control plan, approved by the agency having jurisdiction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures pursuant to Chapter 11 of the county code. All cultivation operators shall comply with the best management practices for cannabis cultivation issued by the agricultural commissioner for management of wastes, water, erosion control and management of fertilizers and pesticides.

(21)

Security and Fencing. A site security plan shall be required. All site security plans shall be held in a confidential file, exempt from disclosure as a public record pursuant to Government Code Section 6255(a). Security cameras shall be motion-sensor and be installed with capability to record activity beneath the canopy but shall not be visible from surrounding parcels and shall not be pointed at or recording activity on surrounding parcels. Surveillance video shall be kept for a minimum of thirty (30) days. Video must use standard industry format to support criminal investigations. Lighting and alarms shall be installed to insure the safety of persons and to protect the premises from theft. All outdoor and mixed light cultivation sites shall be screened by non-invasive fire resistant vegetation and fenced with locking gates with a Knox lock. No outdoor or mixed light cultivation sites located on parcels adjacent to public parks shall be visible from trails or public access points. Razor wire and similar fencing shall not be permitted. Weapons and firearms at the cultivation site are prohibited. Security measures shall be designed to ensure emergency access in compliance with fire safe standards. All structures used for cultivation shall have locking doors to prevent free access.

(g)

Operating Standards.

(1)

Compliance Inspections. All cultivation sites shall be subject to on-site compliance inspections by agencies having jurisdiction. The inspection shall be conducted during regular business hours.

(2)

Air Quality and Odor. All indoor and mixed light cultivation operations and any drying, aging, trimming and packing facilities shall be equipped with odor control filtration and ventilation system(s) to control odors, humidity, and mold. All cultivation sites shall utilize dust control measures on access roads and all ground disturbing activities.

(3)

Energy Use. Electrical power for indoor cultivation, mixed light operations, and processing including but not limited to illumination, heating, cooling, and ventilation, shall be provided by any combination of the following: (i) on-grid power with one hundred percent (100%) renewable source; (ii) on-site zero net energy renewable source; or (iii) purchase of carbon offsets of any portion of power not from renewable sources. The use of generators for indoor and mixed light cultivation is prohibited, except for portable temporary use in emergencies only.

(4)

Hazardous Materials. All cultivation operations that utilize hazardous materials shall comply with applicable hazardous waste generator, underground storage tank, above ground storage tanks, and AB 185 (hazardous materials handling) requirements and maintain any applicable permits for these programs from the fire prevention division, certified unified program agency (CUPA) of Sonoma County Fire and Emergency Services Department, or agricultural commissioner.

(5)

Hours of Operation. Outdoor harvesting activities and indoor or mixed light cultivation and processing activities may be conducted seven (7) days a week, twentyfour (24) hours per day as needed. Deliveries and shipping, and outdoor processing activities, shall be limited to the hours from 8:00 a.m. to 5:00 p.m., unless a use permit is obtained.

(6)

Noise Limits. Cultivation activities shall not exceed the general plan noise standards Table NE-2, measured in accordance with the Sonoma County noise guidelines.

(7)

Occupational Safety. Cultivators shall comply with all applicable federal, state, and local laws and regulations governing California Agricultural Employers, which may include: federal and state wage and hour laws, CAL/OSHA, OSHA, and the California Agricultural Labor Relations Act.

(8)

Waste Management. A waste management plan addressing the storing, handling, and disposing of all waste by-products of the cultivation and processing activities in compliance with the best management practices issued by the agricultural commissioner shall be submitted for review and approval by the agency having jurisdiction. The plan shall characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose, or reuse the wastes in compliance with best management practices and county standards. All garbage and refuse on the site shall be accumulated or stored in non-absorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity to completely close the lid. All garbage and refuse on the site shall not be accumulated or stored for more than seven (7) calendar days, and shall be properly disposed of before the end of the seventh day in a manner prescribed by the solid waste local enforcement agency. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with local and state codes, laws and regulations. All waste generated from cannabis operations must be properly stored and secured to prevent access from the public.

(9)

Waste Water Discharge. A waste water management plan shall be submitted identifying the amount of waste water, excess irrigation and domestic wastewater anticipated, as well as disposal. All cultivation operations shall comply with the best management practices issued by the agricultural commissioner and shall submit verification of compliance with the waste discharge requirements of the state water resource control board, or waiver thereof. Excess irrigation water or effluent from cultivation activities shall be directed to a sanitary sewer, septic, irrigation, graywater or bio-retention treatment systems. If discharging to a septic system, a system capacity evaluation by a qualified sanitary engineer shall be included in the management plan. All domestic waste for employees shall be disposed of in a permanent sanitary sewer or on-site septic system demonstrated to have adequate capacity.

(10)

Water Source. An on-site water supply source adequate to meet all on site uses on a sustainable basis shall be provided. Water use includes, but may not be limited to, irrigation water, and a permanent potable water supply for all employees. Trucked water shall not be allowed, except as provided below and for emergencies requiring immediate action as determined by the director. The onsite water supply shall be considered adequate with documentation of any one (1) of the following sources:

a.

Municipal Water: A municipal water supplier as defined in California Water Code Section 13575. The applicant shall provide documentation from the municipal water source that adequate supplies are available to serve the proposed use.

b.

Recycled Water: The use of recycled process wastewater or captured rainwater from an onsite use or connection to a municipal recycled water supply for nonpotable use, provided that an adequate on-site water supply is available for employees and other uses.

c.

Surface Water: An existing legal water right and, if applicable, a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife.

d.

Groundwater Well:

1.

The site is located in Groundwater Availability Zone 1 or 2, and not within an area for which a groundwater management plan has been adopted or within a high or medium priority basin as defined by the state department of water resources; or

2.

Within Groundwater Availability Zone 3 or 4, or an area for which a groundwater management plan has been adopted or designated high or medium priority basin, the proposed use would:

a.

The proposed use would not result in a net increase in water use on site through implementation of water conservation measures, rainwater catchment or recycled water reuse system, water recharge project, or participation in a local groundwater management project; or

b.

Trucked recycled water may be considered for the cultivation area with a use permit, provided that adequate on-site water supplies are available for employees and other uses; or

c.

A qualified professional prepares a hydro-geologic report providing supporting data and analysis and certifying that the onsite groundwater supply is adequate to meet the proposed uses and cumulative projected land uses in the area on a sustained basis, and that the operation will not:

1.

result in or exacerbate an overdraft condition in basin or aquifer;

result in reduction of critical flow in nearby streams; or

3.

result in well interference at offsite wells.

(11)

Groundwater Monitoring: Water wells used for cultivation shall be equipped with a meter and sounding tube or other water level sounding device and marked with a measuring reference point. Water meters shall be maintained in a calibrated state and documentation shall be submitted to the permit and resource management department at least once every five (5) years. Static water level and total quantity of water pumped shall be recorded quarterly and reported annually. Static water level is the depth from ground level to the well water level when the pump is not operating after being turned off. Static water level shall be measured by turning the pump off at the end of the working day and recording the water level at the beginning of the following day before turning the pump back on. Groundwater monitoring reports shall be submitted annually to the permit and resource management department by January 31 of each year. The annual report shall include water meter readings, the total quarterly quantities of water pumped from well(s) used in processing, and static water levels.

(12)

Groundwater Monitoring Easement: Prior to the issuance of any permit for commercial cannabis cultivation pursuant to this chapter, an easement is required to be recorded to provide Sonoma County personnel access to any on-site water well serving the proposed use and any required monitoring well to collect water meter readings and groundwater level measurements. Access shall be granted for this purpose Monday through Friday from 8:00 a.m. to 5:00 p.m. Easements conveyed to the county under this section shall be signed and accepted by either the director of permit and resource management or the agricultural commissioner. All easement language is subject to review and approval by the agency having jurisdiction and county counsel prior to recordation.

(Ord. No. 6436, § II, 6-6-2023; Ord. No. 6356, § II, 10-26-2021; Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(D)(Exh. A-2), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-254 to read as herein set out. Former § 26-88-254 was titled, "Cannabis cultivation—Commercial medical."

Sec. 26-88-256. - Cannabis dispensary uses.

(a)

Purpose. This section provides the location and operational standards for any cannabis dispensary within the unincorporated county in order to promote the health, safety, and general welfare of its residents and businesses.

(b)

Applicability. Cannabis dispensaries shall be permitted only in compliance with the requirements of this section, the requirements of Section 26-88-250, and all other applicable requirements of the underlying zoning district.

(c)

Permit Requirements. A use permit issued in compliance with Sections 26-92-070 and 26-92-080 shall be required for any cannabis dispensary. Cannabis dispensaries shall also be subject to permit requirements and regulations established by the Sonoma County Department of Health Services. Cannabis dispensaries must comply with all other applicable building codes and requirements, including accessibility requirements.

(d)

Limit on Number of Dispensaries. No more than nine (9) cannabis dispensaries shall be permitted within the unincorporated county at any one (1) time.

(e)

Compliance with Operating Plan and Conditions Required. A cannabis dispensary shall submit, as a part of the use permit application, an operating plan that specifies the manner in which operations will be handled and security provided, and which details the number of employees, number of customers, hours and days of operation allowed and approved. The operating plan shall provide that the dispensary shall require, at a minimum, a photo identification for any person entering the site, as well as a doctor's written recommendation in compliance with state law, if applicable. Any cannabis dispensary approved under this section shall be operated in conformance with the approved operating plan and shall meet any specific, additional operating procedures and measures as may be imposed as conditions of approval to ensure that the operation of the dispensary is consistent with protection of the health, safety and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses.

(f)

Location Requirements. Property setbacks for cannabis dispensaries shall be measured in a straight line from the property line of the protected site to the closest property line of the parcel with the cannabis dispensary.

(1)

A cannabis dispensary shall not be established on any parcel containing a dwelling unit used as a residence, nor within one hundred feet (100') of a residential zoning district.

(2)

A cannabis dispensary shall not be established within one thousand feet (1,000') of any other cannabis dispensary or a public park, nor within five hundred feet (500') from a smoke shop or similar facility.

(3)

A cannabis dispensary shall not be established within one thousand feet (1,000') from a school providing education to K-12 grades, childcare center, or drug or alcohol treatment facility.

(4)

Notwithstanding, the subsections (f)(1) and (2) may be waived by the review authority when the applicant can show that an actual physical separation exists between land uses or parcels such that no off-site impacts could occur.

(5)

A cannabis dispensary proposed within the sphere of influence of a city will be referred to the appropriate city for consultation.

(g)

Operating Standards. The following are the minimum development criteria and operational standards applicable to any cannabis dispensary use:

(1)

The building in which the dispensary is located shall comply with all applicable local, state and federal rules, regulations, and laws including, but not limited to, building codes and accessibility requirements;

(2)

The dispensary shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. The applicant shall submit a security plan. The security plan shall remain confidential.

(3)

The site plan, circulation, parking, lighting, facility exterior, and any signage shall be subject to design review committee review and approval. The planning director may waive this requirement where the applicant can demonstrate that existing facilities, including parking, lighting and landscaping, already meet the requirements of this section;

(4)

No exterior signage or symbols shall be displayed which advertises the availability of cannabis, nor shall any such signage or symbols be displayed on the interior of the facility in such a way as to be visible from the exterior;

(5)

If the dispensary denies entry for monitoring and inspection to any employee of an agency having jurisdiction, the dispensary may be closed. Customer access to the premises shall be limited to individuals who are at least twenty one (21) years of age and individuals who are least eighteen (18) years of age with a valid doctor's recommendation. All individuals entering the site shall present a photo identification and shall establish proof of doctor's recommendation, if applicable, except as representing a regulatory agency. The operating plan submitted as a part of the use permit application shall specify how this provision will be complied with and enforced;

(6)

No dispensary shall hold or maintain a license from the state department of alcoholic beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises;

(7)

An exhaust and ventilation system shall be utilized to prevent off-site odors;

(8)

No dispensary shall conduct or engage in the commercial sale of any product, good or service unless otherwise approved by the use permit. A dispensary may sell live starter plants, clones and seeds from qualified nurseries, but shall not cultivate or clone cannabis. A dispensary may sell manufactured cannabis, including edible products, and vaporizing devices if allowed by a permit issued by the department of health services. Not more than ten percent (10%) of the floor area, up to a maximum of fifty (50) square feet may be devoted to the sale of incidental goods for personal cultivation but shall not include clothing, posters, or other promotional items;

(9)

No cannabis shall be consumed on the premises;

(10)

No dispensary may increase in size without amending the use permit. The size limitation shall be included in the operational plan required by Section 26-88-256(e), of this section;

(11)

Parking must meet the requirements of Section 26-86-010.

(12)

Operating days and hours shall be limited to Monday through Saturday from 7:00 a.m. to 7:00 p.m., including deliveries, or as otherwise allowed by the use permit. Operating hours may be further restricted through the use permit process where needed to provide land use compatibility.

(13)

Cannabis delivery services may only be allowed with a dispensary use permit.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(F)(Exh. A-3), 12-20-2016)

Editor's note— Ord. No. 6245, § II(Exh. B), adopted Oct. 16, 2018, amended the title of § 26-88-256 to read as herein set out. Former § 26-88-256 was titled, "Medical cannabis dispensary uses."

Sec. 26-88-258. - Cannabis cultivation—Personal.

(a)

Purpose. This section establishes development criteria and operating standards for personal cannabis cultivation for medical or adult use.

(b)

Cultivation of cannabis for personal use shall be subject to the following standards and limitations as allowed in the base zone. These standards shall apply to all types of cannabis cultivation (indoor, outdoor, and mixed light) unless otherwise specified.

(1)

Residency Requirement. Cultivation of cannabis for personal use is limited to parcels with a residence and a full-time resident on the premises where the cultivation is occurring.

(2)

Maximum Personal Cultivation. Cultivation of cannabis for personal use is limited to no more than one hundred (100) square feet per residence, of which up to six (6) plants can be cultivated for adult use purposes.

(3)

Outdoor Personal Cultivation. Cannabis plants shall not be located in front and side yard setback areas and shall not be visible from a public right of way. Outdoor cannabis cultivation is prohibited on parcels with multi-family units or in the medium and high density residential zones (R2 and R3).

(4)

Indoor and Mixed-Light Personal Cultivation.

a.

Indoor and mixed light personal cultivation must be contained within an enclosed accessory structure, greenhouse, or garage. Cultivation within a structure approved for residential use as set forth in Chapter 7 of the county code is prohibited, unless there is no other feasible alternative location.

b.

Light systems shall be fully shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure.

(5)

Personal Cultivation Structures. All structures used for cultivation shall comply with the following:

a.

All structures (including greenhouses) used for cultivation must be legally constructed with all applicable permits such as grading, building, electrical, mechanical and plumbing.

b.

All structures associated with the cultivation shall not be located in the front yard setback area and shall adhere to the setbacks stated within the base zone. There shall be no exterior evidence of cannabis cultivation. Greenhouses shall be screened from the public right of way.

c.

All structures used for cultivation shall have locking doors or gates to prevent free access. All cultivation structures shall be equipped with odor control filtration and ventilation systems adequate to prevent odor, humidity, or mold.

d.

The use of generators is prohibited, except as emergency back-up systems.

(6)

All cultivation shall comply with the best management practices for cannabis cultivation issued by the agricultural commissioner for management of wastes, water, erosion and sediment control and management of fertilizers and pesticides.

a.

Individuals are prohibited from cannabis manufacturing using volatile solvents, including but not limited to Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2, or other dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene, as determined by the fire marshall.

(Ord. No. 6245, § II(Exh. B), 10-16-2018; Ord. No. 6189, § II(H)(Exh. A-4), 12-20-2016)

Article 89. - Affordable Housing Program Requirements and Incentives.[[36]]

Footnotes:

--- ( 36 ) ---

Editor's note— Ord. No. 6085, § IV(Exh. C), adopted Oct. 7, 2014, repealed the former Art. 89, §§ 26-89-010—26-89-110, and enacted a new article as set out herein. The former Art. 89 pertained to similar subject matter and derived from Ord. No. 5570, § 2, adopted 2005; Ord. No. 5711, § 4(Exh. C), adopted 2007; Ord. No. 5883, §§ V, VI, adopted March 30, 2010.

Sec. 26-89-010 - Purpose

The provisions of this Article are intended to:

A.

Implement the Housing Element of the General Plan and maintain consistency with the requirements of State Density Bonus Law (Government Code Section 65915 et seq.);

B.

Achieve a balanced community with a wide range of housing available for households of all income levels;

C.

Increase the supply of housing units available, accessible, and affordable for moderate-, low-, very low- and extremely low-income households who are most in need of housing, including housing for seniors, the disabled, large families, and other households with special housing needs, as defined in the Housing Element; D.

Address the need for affordable housing related to employment growth associated with new or expanded market rate housing development;

E.

Address the need for affordable housing related to employment growth associated with new or expanded nonresidential development;

F.

Ensure that the remaining developable land within the County is utilized in a manner consistent with the County's affordable housing goals, objectives, policies, and programs;

G.

Provide affordable housing units to serve varying housing needs and income levels that are compatible in character and quality with their surrounding neighborhoods; and

H.

Maintain the physical condition and affordability of units produced through the provisions of this Article over time.

(Ord. No. 6458, § XVII, 12-5-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-020 - Applicability

The provisions of this Article shall apply to all proposed residential projects, unless otherwise provided in this Article.

(Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-030 - Administration and General Requirements

A.

Administrative responsibility. The requirements and procedures of this Article shall be administered by the Department, and the Sonoma County Community Development Commission, hereafter referred to as the "CDC." The Board may adopt policies for the purposes of administering the Affordable Housing Program which policies may be amended from time to time.

B.

Affordable Housing Requirements. Unless otherwise exempt under Subsection 26.89.040 B. (Exempt projects), any person who constructs one or more residential units shall provide affordable housing through one of the following:

1.

On-site construction of affordable units in accordance with Subsections 26.89.040.C.1. (Ownership Projects), 26.89.040.C.2 (Condominium or Timeshare Projects), 26.89.040.C.3 (Rental Projects), or 26-89-045.C (On-site Construction of Units); or

2.

Payment of an affordable housing fee in accordance with Subsection 26.89.040.D (Affordable housing fee) or 26-89-045.D (Workforce housing fee); or

3.

An alternative equivalent action approved in accordance with Subsection 26.89.040.E (Alternative Equivalent Actions) or 26.89.045.E (Alternative Equivalent Actions).

C.

Calculation of base units, affordable units, and density bonus units. The following requirements apply to calculations performed in the administration of the provisions of this Article regarding base, affordable and density bonus units, except that calculations for a State law density bonus shall be as provided in the State Density Bonus Law.

1.

When calculating the number of base dwelling units allowed on the site in compliance with this Development Code, any decimal fraction shall be disregarded.

2.

Density bonus units are counted in the total when determining the number of affordable units required in a Rental or Ownership Housing Opportunity Area Program project.

3.

Density bonus units are not counted when determining the number of affordable or senior units required to qualify a project for a density bonus or incentives under the State density bonus program.

4.

When calculating the number of affordable or senior units required, any decimal fraction shall be counted as a whole unit, except as specifically provided by Subsection 26-89-040.E.

5.

When calculating the number of density bonus units to be granted to an applicant, a fractional unit shall be rounded up to the nearest whole number.

6.

An Accessory Dwelling Unit shall not be considered a base unit when calculating affordable housing, workforce housing, or density bonus program requirements, nor shall it be considered as an affordable unit except when meeting the affordable housing requirement for one (1) single-family home on one (1) single parcel, as provided in Subsection 26-89-040.C.5.c, or if provided under an Affordable Housing Agreement and approved as an Alternative Equivalent Proposal consistent with Subsection 26-89-040.E and the requirements of Section 26-89-070 (Design and Construction Standards).

D.

Design and construction standards. All affordable and senior housing units provided in compliance with this Article shall be designed and constructed in compliance with the standards in Section 26-89-070 (Design and Construction Standards).

E.

Affordable housing incentives. A residential project that complies with the requirements of this Article through the construction of affordable units on-site may be entitled to incentives in compliance with Section 26-89-060 (Affordable Housing Incentives).

F.

Density bonus available. A residential project that complies with the requirements of this Article through the construction of affordable units on-site may also qualify for a density bonus in compliance with Section 26-89-050 (Density Bonus Programs).

G.

Housing Proposal required.

Applicants for residential projects shall submit, with the initial project application, an Affordable Housing Proposal, which shall include a site plan and a detailed proposal statement describing how the project will comply with the provisions of this Article (i.e., provision of units on-site, payment of fees, or alternative equivalent action).

2.

The Affordable Housing Proposal shall include a listing of the number, type, size, tenure, number of bedrooms, and proposed affordability level for each and every unit within the development.

3.

No application for any residential project shall be deemed complete until the Affordable Housing Proposal is submitted.

4.

Modifications to an existing application shall be considered a new application for the purposes of permit streamlining.

5.

The Affordable Housing Proposal shall be considered and acted upon by the review authority at the same time as the permit for the residential project that is the subject of the proposal.

6.

Project approvals and conditions shall incorporate the provisions of the Affordable Housing Proposal, as approved or modified by the review authority.

H.

Permit requirements. Implementation of the Affordable Housing Proposal shall be ensured through the following, as applicable:

1.

Discretionary permits. Each discretionary permit authorizing a residential project, including tentative maps, shall contain a condition detailing the actions required for compliance with this article (i.e., provision of units on-site, payment of fees, or alternative equivalent action).

2.

Final or parcel maps. Each final map or parcel map shall bear a note indicating the method of compliance with the requirements of this Article, and stating that an Affordable Housing Agreement shall be recorded, fees paid, or alternative action undertaken in compliance with subsections Section 26-89-040.E (Alternative Equivalent Actions) or Section 26-89-040.F (Affordable Housing Fee) before issuance of a no building permit with respect to each parcel created by the map.

3.

Building Permits. Unless the unit is exempt under Subsection 26-89-040.B (Exempt Projects) or under State law, no building permit shall be issued for a residential unit until the applicant has demonstrated compliance with this Article through recordation of an Affordable Housing Agreement, through payment of fees, or through alternative equivalent action authorized in compliance with subsections 26-89-040.E (Alternative Equivalent Actions).

I.

Timing of construction. If a residential project will comply with the requirements of this Article through the construction of affordable housing units, whether on- or off-site, all required affordable units shall be constructed concurrent with, or before, the construction of the market rate units. If the County approves a phased project, the required affordable units shall be provided within each phase of the residential project in the same proportion as in the project as a whole.

J.

Housing agreement required for affordable units. If a residential project will comply with the requirements of this Article through the construction of affordable housing units on- or off-site, the property owner shall execute an Affordable Housing Agreement (in compliance with Section 26-89-100, Affordable Housing Agreements) before any of the following:

1.

Any ministerial action by the County with regard to the project;

2.

Recordation of a final map; or

3.

Issuance of a building permit for any unit within the project. The provisions contained within an Affordable Housing Agreement shall be enforceable by the County, and any violation of the agreements shall constitute a violation of this Code.

K.

Conflicts with State law. In any instance where a provision of this Article conflicts with State law, the State law shall govern.

(Ord. No. 6458, § XVIII, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-040 - Affordable Housing Requirements for Residential Development

A.

Applicability and requirements. Unless otherwise exempt under Subsection 26-89-040.B (Exempt Projects), any person who constructs or develops one (1) or more residential units, whether a single-family home, units in multi-family dwellings, or by condominium conversions or otherwise, shall provide affordable housing through one (1) or more of the following three (3) methods:

1.

On-site construction of the required affordable units. Provide the required affordable unit(s) on-site, in compliance with the Section 26-89-040.C (Minimum Requirements for Construction of Affordable Units On-Site);

Payment of affordable housing fee. Pay an affordable housing fee in compliance with Subsection 26-89-040.D (Affordable Housing Fee); or 3.

Alternative equivalent actions. Perform an alternative equivalent action in compliance with Subsection 26-89-040.E (Alternative Equivalent Action); which may be allowed to fulfill the affordable housing requirements of this Section if approved by the Director, at his or her sole discretion. B.

Exempt projects. The affordable housing requirements of this Section shall not apply to the following exempt projects and unit types: 1.

Project with vested rights. A project that demonstrates a vested right to proceed without complying with this Section.

Affordable units. Affordable units which are subject to an Affordable Housing Agreement.

Accessory dwellings. Accessory dwelling units and junior accessory dwelling units.

Agricultural related housing. Farm family units of up to 1,200 square feet, farmworker housing units of up to 1,200 square feet, and agricultural employee housing. 5.

Alternative housing. Homeless shelters, transitional housing, supportive housing, single room occupancy facilities, community care facilities, group homes, and similar State licensed care facilities. 6.

Dwelling unit destroyed by fire or natural catastrophe. Repair, reconstruction, or replacement of a legal dwelling unit that is destroyed by fire or natural catastrophe, provided that a Building Permit for repair, reconstruction, or replacement has been issued and construction begun within 10 years of destruction. 7.

Residential remodels and minor additions that add no more than 1,000 square feet. Remodels and additions that add no more than 1,000 square feet to existing, legal dwelling units that do not result in the creation of an additional unit.

Replacements. Replacement of an existing, legal dwelling unit where the total living area within the replacement unit is no more than 1,000 square feet greater than the living area within the unit being replaced.

Parcels with existing affordable units. The construction or establishment of one (1) new home on one (1) single parcel, in conjunction with an Accessory Dwelling Unit subject to an Affordable Housing Agreement, or a farm family unit or an agricultural employee dwelling unit of one thousand (1,000) square feet or less. 10. General exemption. Residential projects that can demonstrate that they will not contribute to the demand for affordable housing in the County or adversely impact the County's ability to meet its affordable housing needs.

C.

Minimum Requirements for Construction of Affordable Units On-Site. To satisfy the requirements of this Article through the construction of affordable units on-site, the following minimum standards must be met:

Number of Units: Ownership projects. To meet the requirements of this Article through construction of affordable units on-site within an ownership housing project, at least 20 percent of all new dwelling units shall be affordable, and shall be constructed and completed at the same time as the market rate units in the same project.

a.

Level of affordability required. At least one-half of the total number of required affordable units shall be provided as affordable to low-income households.

b.

Remaining affordable units. The remaining affordable units may be provided as affordable to households with moderate or low incomes.

c.

When number of units is an odd number. If the number of required affordable units is an odd number, the number of units affordable to moderate income households may be one greater than the number affordable to low-income households, so long as at least one low-income unit is provided.

2.

Number of Units: Condominium ortimeshare conversion projects. To meet the requirements of this Article through the provision of affordable units on-site within a project converting existing rental units or airspace parcels to condominium ownership, including common interest or timeshare projects, at least 30 percent of the converted units shall be offered for sale as affordable to low and very-low income households, as required by Housing Element Policy HE-1e or its subsequent equivalent.

3.

Number of Units: Rental projects. To meet the requirements of this Article through construction of affordable units on-site within a rental housing project at least 15 percent of all new rental units shall be affordable to low- and very low-income households; or, at least 10 percent of all new rental units shall be affordable to very low- and extremely low-income households, as follows:

a.

Allocation of Units—15 percent option. If the person constructing or developing a rental housing project proposes to satisfy the requirements of this Article by providing 15% of the units as affordable rental units, at least one-half of the total number of required affordable units shall be provided as affordable to very lowincome households. The remaining affordable units may be provided as affordable to low- or very low-income households. If the number of required affordable units is an odd number, the number of units affordable to low-income households may be one greater than the number affordable to very low-income households.

b.

Allocation of Units—10 percent option. If the person constructing or developing a rental housing project proposes to satisfy the requirements of this Article by providing 10% of the units as affordable rental units, at least one-half of the total number of affordable units shall be provided as affordable to extremely lowincome households. The remaining affordable units may be provided as affordable to very low-income or extremely low-income households. If the number of required affordable units is an odd number, the number of units affordable to very low-income households may be one greater than the number affordable to extremely low-income households.

c.

Timing. All affordable units provided pursuant to this subsection shall be constructed and made available for rent at the same time as the market-rate units within the remainder of the residential development.

4.

Affordable Housing Agreement. Upon approval of any project proposing to provide affordable units on-site in compliance with this Section, and before any further action by the County concerning the project, including the recording of a final map, or the issuance of a Building Permit, the property owner shall execute an affordable housing agreement in compliance with Section 26-89-100 (Affordable Housing Agreements). The affordable housing agreement shall be recorded concurrently with the final map, or before the issuance of a Building Permit, whichever occurs first.

5.

Fractional calculations. If calculating the number of units required by Subsection 26-89-030C. (Calculation of base units, affordable units, and density bonus units) or Subsection 26-89-040C. (Minimum Requirements for Construction of Affordable Units On-Site). results in a fractional unit requirement, the applicant may satisfy that fractional requirement by:

a.

Construction of an additional affordable unit;

b.

On qualifying agricultural parcels, construction or conversion of a unit to a farm family or farmworker unit containing not more than one thousand (1,000) square feet of living area, or agricultural employee housing containing at least two (2) beds in compliance with Section 26-18-030. Farm family and farmworker units may be constructed to satisfy a fractional requirement under this Subparagraph only, and shall not otherwise be considered an affordable unit for the purposes of meeting the affordable unit requirements of this Article; or

c.

On parcels eligible for an accessory dwelling unit, construction or conversion of an existing unit to an accessory dwelling unit pursuant to 26-88-060 (Accessory Dwelling Units). Accessory dwelling units may be constructed to defer payment of the affordable housing fee that would otherwise be due for the construction of one (1) new single-family home on one (1) single parcel only, provided that an Affordable Housing Fee Deferral Agreement, in a form acceptable to County Counsel, is signed by the property owner and recorded to ensure that the unit will remain available for rent to a qualified low-income household at an affordable rent. The fee will be automatically deferred in each year that the second dwelling unit continues to be made available for rent under the terms of the Affordable Housing Fee Deferral Agreement. Should the property owner cease renting the unit, or otherwise fail to comply with the terms of the Fee Deferral Agreement, then the affordable housing fee in effect at the time will be immediately due and payable to County and a Notice of Cancellation of the Affordable Housing Fee Deferral Agreement shall be recorded. In this case, credit shall be given for each year that the unit has been rented to a low income household at an affordable rent in compliance with the Agreement, with the term for being thirty (30) years. Any remaining portion of the term may be met through payment of the remaining prorated affordable housing fee, using the fee amount in effect at the time that the owner ceases renting the unit. Provision of an accessory dwelling unit shall not otherwise be considered as meeting the affordable unit requirements of this article. In cases involving the subdivision of property, provision of a separate accessory dwelling unit on each parcel may meet the affordable unit requirement of this article only for each parcel upon which an accessory dwelling unit is placed and a covenant recorded to ensure that the unit will remain available for rent.

D.

Affordable housing fee. When the requirements of this Article are met through the payment of an affordable housing fee, payment shall be made in accordance with the following:

1.

Determination of fee. The amount and calculation of affordable housing fees shall be established by resolution of the Board. Thereafter, the affordable housing fees shall be increased or decreased annually by the percentage change in the Construction Cost Index for the San Francisco Bay Area for the prior year, as reflected in the third quarter Engineering News Record. The affordable housing fee shall be automatically adjusted, and a new schedule published by the Director effective on January 1[st ] of each year. This adjustment will offset the effects of inflation related to construction cost increases or deflation-related cost decreases. If the Construction Cost index is discontinued, the Director shall use a comparable index for determining the changes in the median home costs for the County. The fee shall be periodically reviewed and updated at least every five years.

2.

Timing of payment. The affordable housing fees shall be calculated at the time of Building Permit application. The fee shall be paid at the time of the wallboard inspection for each non-exempt residential unit, unless proof is provided that the required affordable housing units will be constructed on site; that an alternative equivalent action was previously approved in compliance with Subsection 26-89-040.E (Alternative Equivalent Actions); or that a fee deferral agreement in compliance with Section 26-89-040.C.5.c has been granted.

3.

Affordable Housing Fee Trust Fund Guidelines. There shall be established a separate account for affordable housing fees within the County Fund for Housing (CFH) as may be necessary to avoid commingling as required by law, or as deemed appropriate to further the purposes of the affordable housing fees. The County's use of the affordable housing fees, along with any interest earnings, shall comply with all of the following requirements.

a.

Affordable housing fees deposited in the CFH, along with any interest earnings, shall be allocated for uses that increase and improve the supply of housing affordable to households of extremely low-, very low-, low-, and moderate incomes, including:

(1)

The acquisition of property and property rights; and

(2)

The cost of construction including costs associated with planning, administration, and design, building or installation, development fees, on- and off-site improvements, and any other costs associated with the planning, predevelopment, permitting, construction and financing of affordable housing.

b.

Monies may also be used to cover administrative expenses incurred by the Department or the CDC in connection with affordable housing and not otherwise reimbursed through processing and other fees, including:

(1)

Reasonable consultant and legal expenses related to the establishment and/or administration of the affordable housing fee account;

(2)

Reasonable expenses for administering the process of calculating, collecting, and accounting for affordable housing fees authorized by this Section; and

(3)

County and CDC administrative costs for project development, permitting, post development compliance, and the ongoing monitoring of affordable housing projects constructed with affordable housing fee trust funds.

c.

Adequate cost accounting procedures shall be utilized and documented for all of the expenditures.

d.

No portion of the collected affordable housing fees shall be diverted to other purposes by way of loan or otherwise.

E.

Alternative equivalent actions. The Director may, at his or her sole discretion, approve an alternative equivalent action to the provision of the affordable units onsite or payment of the affordable housing fee, as follows.

1.

Scope of alternative proposals. Proposals for an alternative equivalent action may include:

a.

The dedication of vacant land (see Subsection 26-89-040.E, Standards for land dedications);

b.

The construction of affordable rental or ownership units on another site within the unincorporated area of the County; or

c.

The acquisition and enforcement of rental or sales price restrictions on existing market rate dwelling units in compliance with this Article.

2.

Content of proposal. A proposal for an equivalent alternative action shall show how the requested alternative action will further affordable housing opportunities in the County to an equal or greater extent than the provision of the affordable housing units on-site in compliance with Subsection C. (Number of affordable units required), or payment of the affordable housing fee in compliance with Subsection 26-89-040.D (Affordable housing fee).

3.

Review and approval. Only the Director can approve an alternative equivalent action under this Section. A proposal for an alternative equivalent action may be approved by the Director only if the Director finds that the alternative action will further affordable housing opportunities in the County to an equal or greater extent than the construction of the required affordable units as part of the project or payment of the affordable housing fee, as applicable.

4.

Performance of alternative action. After approval by the Director of a proposal for an alternative action, entitlements for that alternative action shall be processed concurrent with the market-rate project. If the alternative action includes construction of affordable units on another site or the acquisition and enforcement of rental/sales price restrictions on existing market rate units, an Affordable Housing Agreement in compliance with Section 26.89.100 (Affordable Housing Agreements) shall be recorded for each of those units before recordation of any final map for, or issuance of any building permit related to, the market-rate project, and the affordable units shall be constructed or acquired concurrent with, or before, the construction of the market rate units.

5.

Standards for land dedications.

a.

Offers of dedication. An applicant who proposes to dedicate land located within the unincorporated area of the County as a means of satisfying the requirements of this Article shall offer the land dedication as a part of the initial application for project approval. The applicant's offer shall describe the site, shall offer it for dedication at no cost to the County, and shall include a site plan illustrating the feasibility of locating and constructing the number of affordable units for which the applicant is requesting credit.

b.

Site suitability and appraisal.

(1)

The applicant shall provide a site suitability analysis which demonstrates that the land proposed for dedication is suitable for the development of affordable housing in terms of size, location, General Plan land use designation, availability of services, proximity to public transit, adjacent land uses, access, physical characteristics and configuration, and other relevant planning criteria. Department staff shall evaluate the site suitability analysis, identify the site's projected unit capacity, and recommend to the review authority whether the site should be accepted or conditionally accepted. An environmental evaluation may be required as a part of the site suitability analysis.

(2)

The applicant shall provide an appraisal of the land proposed for dedication. The appraisal shall be prepared by a qualified land appraiser and shall conform to the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation.

(3)

All County staff costs associated with the determination of site suitability, and all expenses incurred to determine legal status of the site, to perform environmental assessments and to obtain an appraisal, shall be borne by the applicant.

c.

Calculation of credit for dedication of land. Following review of the appraisal and site suitability analysis, the County shall determine the extent to which the dedication shall satisfy the requirements of this Article as follows:

(1)

The County shall offer to credit the applicant for the land dedication only to the extent that the appraised value of the land to be dedicated equals the full development cost of providing the required affordable units under Subsection 26-89-040.C.1 (Number of units: Ownership projects), subsection 26-89-040.C.2 (Number of units: Condominium or timeshare conversion projects) or Subsection 26-89-040.C.3 (Number of units: Rental projects), including both land costs and construction costs.

(2)

If the appraised value of the land is less than the total projected development cost for the number of affordable units required under Subsection 26-89-040.C.1 (Number of units: Ownership projects), Subsection 26-89-040.C.2 (Number of units: Condominium or timeshare conversion projects), or Subsection 26-89-040.C.3 (Number of units: Rental projects), the applicant will be credited with only the number of affordable units for which development costs are covered by the value of the land.

(3)

The applicant shall agree to satisfy any remaining obligations under this Article by providing additional affordable units on the project site, or paying applicable affordable housing fees.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6458, § XIX, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6223, § IV(Exh. D), 5-8-2018; Ord. No. 6129, § IIIA(Att. B), 8-18-2015; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-045 - Workforce Housing Program Requirements

A.

Applicability and requirements. Unless otherwise exempt under Subsection 26-89-045.B (Exempt projects), any person who constructs new or expanded nonresidential development, shall contribute to the County's affordable housing program through one (1) or more of the following three (3) methods:

1.

On-site construction of the required affordable units. Provide the required affordable unit(s) on-site, in compliance with Subsection 26-89-045.C (On-site Construction of Units) as allowed by the underlying zone district (i.e., mixed use, work/live);

2.

Payment of workforce housing fee. Pay the workforce housing fee in compliance with Subsection 26-89-045.D (Workforce housing fee); or

3.

Alternative equivalent actions. Perform an alternative equivalent action in compliance with Subsection 26-89-045.E (Alternative equivalent actions); which may be allowed to fulfill the affordable housing requirements of this Section if approved by the Director, at their sole discretion.

B.

Exempt projects. The affordable housing requirements of this Section shall not apply to the following exempt projects:

1.

Project with vested rights. A project that demonstrates a vested right to proceed without complying with this Section.

2.

Public and nonprofit projects. Public projects and nonprofit projects which provide a public benefit to the community.

3.

Small projects and additions. Projects and additions of less than 2,000 square feet in total gross floor area.

4.

Floor area discount. The requirements of this Section shall not apply to the first 2,000 square feet of nonresidential floor area in all new developments.

5.

Structures destroyed by fire or natural catastrophe. Repair, reconstruction, or replacement of a legal nonresidential structure that is destroyed by fire or natural catastrophe, provided that a Building Permit for repair, reconstruction, or replacement has been issued and construction begun within 10 years of destruction.

6.

Nonresidential replacements or remodels. Remodels or replacements to existing, legal structures that do not result in the creation of additional floor area.

7.

Do not contribute to the demand for affordable housing. Projects that clearly do not contribute to the demand for affordable housing (e.g., unmanned utility structures, parking garages, and agricultural exempt structures).

C.

On-Site Construction of Units. To satisfy the requirements of this Section through the construction of affordable units on-site, the following minimum standards must be met:

1.

Number of affordable units required. To satisfy the requirements of this Section through on-site construction, affordable housing units must be constructed on-site in compliance with the Table 1 (Number of affordable units required), below:

2.

Level of affordability required. At least one-half of the total number of required affordable units shall be provided as affordable to very low-income households. The remaining affordable units may be provided as affordable to households with low incomes.

If the number of required affordable units is an odd number, the number of units affordable to low-income households may be one greater than the number affordable to very low-income households, so long as at least one very low-income unit is provided.

TABLE 1

NUMBER OF AFFORDABLE UNITS REQUIRED

TABLE 1
NUMBER OF AFFORDABLE UNITS REQUIRED
Type of Nonresidential Development Number of New Units to be provided for extremely Low-, Very Low-, and Low-
income Households (per 1,000 square feet of foor area)1, 2
Commercial, Ofce, Medical, and Hotels .05
Light Industry, Warehousing, Manufacturing, Research and Development, Food
and Agricultural Processing
.06
Retail, restaurants and commercial services .09

Notes:

  1. For purposes of this table, the floor area excludes all garage areas permanently allocated for employee or customer vehicle parking.

  2. All fractional units shall be rounded up to the nearest whole number.

3.

Affordable Housing Agreement. Upon approval of any nonresidential project proposing to provide affordable units on-site in compliance with this Section, and before any further action by the County concerning the project, including the recording of a final map, or the issuance of a Building Permit, the property owner shall execute an affordable housing agreement in compliance with Section 26-89-100 (Affordable Housing Agreements). The affordable housing agreement shall be recorded concurrently with the final map, or before the issuance of a Building Permit within the project, whichever occurs first.

4.

Timing of Construction of Units. Proposed affordable units shall be constructed on site concurrent with, or before, the construction of the nonresidential project. No occupancy of any portion of the nonresidential project shall be granted until occupancy of the affordable residential units is granted.

5.

Fractional units. If calculating the number of units required by this Section results in a fractional unit requirement, the applicant may satisfy that fractional unit requirement by:

a.

Constructing an additional affordable unit;

b.

Paying an fee in compliance with Subsection 26-89-045.E (Workforce housing fee); or,

c.

Performing an alternative equivalent action approved by the Director in compliance with Subsection 26-89-045.E (Alternative equivalent actions).

D.

Workforce housing fee. To satisfy the requirements of this Section through the payment of a fee, payment shall be made in accordance with the following:

1.

Determination of fee. The amount of the workforce housing fee shall be established by resolution of the Board. Thereafter, the workforce housing fee shall be increased or decreased annually by the percentage change in the Construction Cost Index for the San Francisco Bay Area for the prior year, as reflected in the third quarter Engineering News Record. The workforce housing fee shall be automatically adjusted, and a new schedule published by the Director, effective on January 1 st of each year. This adjustment will offset the effects of inflation related to construction cost increases or deflation-related cost decreases. If the Construction Cost index is discontinued, the Director shall use a comparable index for determining the changes in the median home costs for the County. The fee shall be periodically reviewed and updated at least every five years to reflect any changes in the need for affordable housing resulting from new nonresidential development.

2.

Timing of payment. The workforce housing fee shall be calculated at the time of Building Permit application. The fee shall be paid at the time of issuance of the Building Permit for each nonresidential project, unless proof is provided that the required affordable housing units will be constructed on-site or that an alternative equivalent action was previously approved in compliance with Subsection 26-89-040.F.

3.

Workforce Housing Fee Trust Fund Guidelines. There shall be established a separate account for workforce housing fees within the County Fund for Housing (CFH) as may be necessary to avoid commingling as required by law, or as deemed appropriate to further the purposes of the workforce housing fees. The County's use of the workforce housing fees, along with any interest earnings, shall comply with all of the following requirements.

a.

Workforce housing fees deposited in the CFH, along with any interest earnings, shall be allocated for uses that increase and improve the supply of housing affordable to households of extremely low-, very low-, low-, and moderate incomes, including:

(1)

The acquisition of property and property rights for the construction of affordable housing; and

(2)

The cost of construction including costs associated with planning, administration, and design, building or installation, development fees, on- and off-site improvements, and any other costs associated with the planning, predevelopment, permitting, construction and financing of affordable housing.

b.

Monies may also be used to cover administrative expenses incurred by the Department or the CDC in connection with affordable housing and not otherwise reimbursed through processing and other fees, including:

(1)

Reasonable consultant and legal expenses related to the establishment and/or administration of the workforce housing fee account;

(2)

Reasonable expenses for administering the process of calculating, collecting, and accounting for workforce housing fees authorized by this Section; and

(3)

County and CDC administrative costs for project development, permitting, post-development code compliance, and the ongoing monitoring of affordable housing projects constructed with workforce housing fee trust funds.

c.

Adequate cost accounting procedures shall be utilized and documented for all of the expenditures.

d.

No portion of the collected workforce housing fees shall be diverted to other purposes by way of loan or otherwise.

E.

Alternative equivalent actions. The Director may, in his or her sole discretion, approve an alternative equivalent action to the provision of the affordable units on site or payment of the workforce housing fee, as follows.

1.

Scope of alternative proposals. Proposals for an alternative equivalent action may include:

a.

The dedication of vacant land (see Subsection 26-89-045.F.5 Standards for land dedications);

b.

The construction of affordable rental or ownership units on another site within the unincorporated area of the County;

c.

The acquisition and enforcement of rental/sales price restrictions on existing market rate dwelling units in compliance with this Article; or

d.

Employer based programs providing direct subsidy to qualified employees, including mortgage buy-downs or rental assistance that provides long-term affordability.

2.

Content of proposal. A proposal for an equivalent alternative action shall show how the requested alternative action will further affordable housing opportunities in the County to an equal or greater extent than the provision of the affordable housing units on site in compliance with Subsection 26-89-045.C.1 (Number of affordable units required), or payment of the workforce housing fee in compliance with Subsection 26-89-045.D (Workforce housing fee).

3.

Review and approval. Only the Director can approve an equivalent alternative action under this Section. A proposal for an alternative equivalent action may be approved by the Director only if the Director finds that the alternative action will further affordable housing opportunities in the County to an equal or greater extent than the construction of the required affordable units as part of the project or payment of the workforce housing fee.

4.

Performance of alternative action. After approval by the Director of a proposal for an alternative action, entitlements for that alternative action shall be processed concurrent with the nonresidential projects. If the alternative action includes construction of affordable units on another site or the acquisition and enforcement of rental/sales price restrictions on existing market rate units, an Affordable Housing Agreement in compliance with Subsection 26.89.100 shall be recorded for each of those units before recordation of any final map for, or issuance of any building permit related to, the nonresidential project, and the affordable units shall be constructed or acquired concurrent with, or before, the construction of the nonresidential project.

5.

Standards for land dedications.

a.

Offers of dedication. An applicant who proposes to dedicate land located within the unincorporated area of the County in lieu of constructing the affordable units required by this Section shall offer the land dedication as a part of the initial application for project approval. The applicant's offer shall describe the site, shall offer it for dedication at no cost to the County, and shall include a site plan illustrating the feasibility of locating and constructing the number of required affordable units for which the applicant is requesting housing fee credit.

b.

Site suitability and appraisal.

(1)

The applicant shall provide a site suitability analysis which demonstrates that the land proposed for dedication is suitable for the development of affordable housing in terms of size, location, General Plan land use designation, availability of services, proximity to public transit, adjacent land uses, access to streets and walkways, physical characteristics and configuration, and other relevant planning criteria. Department staff shall evaluate the site suitability analysis, identify the site's projected unit capacity, and recommend to the review authority whether the site should be accepted or conditionally accepted. An environmental evaluation may be required as a part of the site suitability analysis.

(2)

The applicant shall provide an appraisal of the land proposed for dedication. The appraisal shall be prepared by a qualified land appraiser and shall conform to the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of the Appraisal Foundation.

(3)

All County staff costs associated with the determination of site suitability, and all expenses incurred to determine legal status of site, to perform environmental assessments and to obtain an appraisal, shall be borne by the applicant.

c.

Number of units credited to dedication of land. Following review of the appraisal and site suitability analysis, the County shall determine the number of required affordable housing units for which the applicant will receive credit upon dedication of the site.

(1)

The County will offer to credit the applicant for the land dedication only to the extent that the appraised value of the land to be dedicated equals the full development cost of providing the required affordable units including both land costs and construction costs.

(2)

If the appraised value of the land is less than the total projected development cost for the number of affordable units required, the applicant will be credited with only the number of affordable units for which development costs are covered by the value of the land.

(3)

The applicant shall agree to provide any remaining affordable units required by this Section on the project site, or to pay the applicable workforce housing fee for the remaining number of required units.

d.

Procedure for acceptance of site. The County shall not accept an offer of dedication or approve the proposed nonresidential project until all of the conditions of acceptance of the land, if any, have been completed by the applicant. The County's formal acceptance of the offer of dedication shall take place concurrently with its approval of the nonresidential project. The grant deed dedicating the site to the County, or to a developer of affordable housing approved by the County, shall be recorded before issuance of any building permit related to the nonresidential project.

(Ord. No. 6403, 3-7-2023; Ord. No. 6223, § IV(Exh. D), 5-8-2018; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-050 - Density Bonus Programs.

A.

Applicability.

1.

A project that is proposed to provide affordable housing units or to provide land for the affordable housing units, and which meets or exceeds the minimum thresholds of affordability specified below, may request a density bonus in compliance with one of the applicable density bonus programs provided by this Section.

2.

Only one density bonus program may be applied to each project.

3.

Density bonus programs shall not be applied to General Plan and Zoning Database amendments, but rather may be approved only in conjunction with a development permit (i.e., tentative map, parcel map, Conditional Use Permit, or Design Review).

B.

Application requirements. The density bonuses provided by this Section shall be granted by the County only after the filing and approval of an application, as follows.

1.

Application filing. The applicant shall file with the Department an application for a density bonus and other incentives in compliance with this Section either before, or concurrent with, the submittal of an application for discretionary project approval (for example, a tentative map, parcel map, conditional use permit or design review). Modifications to an existing application for a density bonus shall be considered a new application.

2.

Application requirements. An application shall include all of the following information:

a.

A detailed development plan and description of the proposed project, including a Housing Proposal in compliance with Subsection 26-89-030.G. (Housing Proposal Required) outlining the number, type, size, tenure, number of bedrooms and proposed affordability level for each and every unit within the development;

b.

The density bonus program under which the application is filed (e.g., State density bonus program, Supplemental density bonus program, Mixed use project density bonus, Rental Housing Opportunity Area Program, or Ownership Housing Opportunity Area Program);

c.

The type of density bonus incentive requested, of those listed in Section 26-89-060 (Affordable Housing Incentives);

d.

If more than one (1) incentive is requested in compliance with Subsection 26-89-060.B. (Affordable Housing Incentives: Additional Incentives), a statement of why the project is eligible for the additional incentives. Eligibility for the additional incentive may be shown by establishing that the project is in compliance with Subsection 26-89-060.B.1., that the project meets other Housing Element goals (e.g., provision of housing for seniors, special housing needs individuals, and/or other goals), and/or that the additional incentive is necessary to improve the financial feasibility of the development and to allow the applicant to provide additional affordability or affordability for a longer term;

e.

Any other information deemed necessary by the Director to allow a complete evaluation of the application.

3.

Consideration of application. An application for a density bonus shall be considered and approved only as an integral part of the County's approval of a discretionary development permit for the project (i.e., at the time of approval of a subdivision, Conditional Use Permit, Design Review, or other required land use permit). The project approval shall identify the density bonus and other incentive(s) that the County has granted the applicant, and any waiver or modification of standards that may have been approved for the project.

C.

State density bonus program. The State density bonus program includes the density bonuses and other incentives and concessions that are provided by the state density bonus law (Government Code Section 65915 et seq.) Qualification requirements, the amount of density bonus and the number and type of incentives shall be determined as provided in the State density bonus law.

D.

County supplemental density bonus program.

1.

In addition to the incentives provided by Section 26-89-060 (Affordable Housing Incentives), a residential project of five or more base units shall be eligible for a density bonus of up to 50 percent above the maximum density allowed by the General Plan and zone district, if the project provides a total of:

a.

10 percent or more of the base units for extremely low-income households;

b.

20 percent or more of the base units for very low-income households;

c.

30 percent or more of the base units for low-income senior households;

d.

30 percent or more of the base units for low-income households, with 10 percent or more of those base units provided as fully accessible units for low-income disabled households;

e.

30 percent or more of the base units for low-income households, with 10 percent or more of those base units provided as large rental units with three or more bedrooms for low-income large family (5 or more persons) households; or

f.

40 percent or more of the base units for low-income households, or

g.

A state density bonus program-qualifying project for very-low or low-income households that also provides 33 percent or more of the total project units as powered by on-site renewable energy systems capable of generating at least 70 percent of the projected electrical energy demand of the units or results in an equivalent reduction in utility costs; or

h.

Thirty percent (30%) or more of the base units for low-income households, with one hundred percent (100%) of the total project units providing at least the basic tenets of universal design (stepless entry and thresholds, complete single floor living area with 32-inch doorways, and environmental controls at accessible heights).

E.

Housing Opportunity Program bonuses.

1.

Rental Housing Opportunity Program requirements. Rental housing projects consisting of two (2) or more base dwelling units may qualify for the Rental Housing Opportunity program.

a.

Rental Housing Opportunity areas established. Housing opportunity areas for rental housing may be established in locations designated by the General Plan Land Use Maps as:

(1)

Urban Residential, six (6) to twelve (12) dwelling units per acre, that are zoned R-2 (Medium Density Residential); and

(2)

Urban Residential twelve (12) to twenty (20) dwelling units per acre, that are zoned R-3 (High Density Residential).

b.

Rental housing project density increase. A rental project that is allowed two (2) or more dwelling units by the applicable zone district may be constructed at up to twice the base density, provided that a minimum of forty percent (40%) of the total units within the project will be provided as affordable for rent to very low-or low-income households, and further provided that in no case may the total density exceed that shown in Table 4, below.

c.

Rental Housing Opportunity development standards. A Rental Housing Opportunity development shall comply with all of the development standards established by this Development Code for the R3 (High Density Residential) zone district.

Table 4

MAXIMUM ALLOWABLE DENSITY

Density as Shown on Zoning Database Map Maximum Allowable Density
(Rental Housing Opportunity)
6 units per acre 12 units per acre
7 units per acre 14 units per acre
8 units per acre 16 units per acre
9 units per acre 18 units per acre
10 units per acre 20 units per acre
11 units per acre 22 units per acre
12 units per acre 24 units per acre
13 units per acre 26 units per acre
14 units per acre 28 units per acre
15 units per acre 30 units per acre
16 units per acre 32 units per acre
17 units per acre 34 units per acre
18 units per acre 36 units per acre
19 units per acre 38 units per acre
20 units per acre 40 units per acre

2.

Ownership Housing Opportunity Area Program requirements. Only residential projects consisting of four (4) or more base dwelling units may qualify for the Ownership Housing Opportunity Area Program,

a.

Ownership Housing Opportunity Areas established. Ownership Housing Opportunity Areas may be established in locations identified by the General Plan as Urban Residential with a density of two (2) to six (6) dwelling units per acre, and that are zoned R-1 or R-2.

b.

Ownership Housing Project Opportunity Area density increase. An Ownership Housing Opportunity Area project that is allowed four (4) or more dwelling units by the applicable zone district may be approved for development as a small-lot subdivision at a density of up to eleven (11) dwelling units per acre if:

(1)

The site is designated by the General Plan Land Use Map with a density of two (2) to six (6) dwelling units per acre;

(2)

A minimum of twenty percent (20%) of the units are reserved for sale to very low- or low-income households; and

(3)

The remainder of the units are reserved for sale to low- and moderate-income households.

c.

Ownership Housing Opportunity Area Project development standards. An ownership housing development shall comply with all of the following standards.

(1)

Parcel configurations and sizes. The parcel configurations within an Ownership Housing Opportunity Area development may include zero lot-line parcels, angled Z lots, zipper lots, flag lots, alternate width parcels, quad lots, and motor court lots. Parcel sizes may range from two thousand (2,000) to six thousand (6,000) square feet or more. A variety of parcel configurations and parcel sizes shall be provided in a development on any site larger than three (3) acres.

(2)

Allowable floor area ratio. Allowable dwelling size shall be based on parcel area. Actual house sizes, as well as parcel sizes, in a proposed development plan may vary so long as the averages shown in Table 5, below, are maintained. "Dwelling size" refers to the gross living area of the primary dwelling only; storage sheds, garages, carports, covered patios, and decks are not included in the gross living area.

Table 5

DWELLING SIZE

Average Parcel Size 2,000 2,500 3,000 3,500 4,000 4,500 5,000 5,500 6,000
Average House Size 1,000 1,100 1,200 1,300 1,400 1,500 1,600 1,700 1,800

Note: All quantities are in square feet of floor area (can be interpolated).

How to Use the Table. First, determine the average parcel size of the single-family parcels in the proposed development. Next, determine the allowable average dwelling size of the single-family dwellings in the proposed development. The average dwelling size shall not be greater than shown in the table.

(3)

Subsequent expansions or additions. Subsequent expansions or additions to dwelling units, if not shown on the development plan, may be allowed in the future only where the proposed expansion is within a designated building envelope shown on the development plan.

(4)

Setback/yard requirements. Setbacks and yards shall be provided in compliance with the standards of the R-3 zone district.

(a)

Setbacks for all proposed and possible future structures or additions shall be designated on the development plan.

(b)

Front yard setbacks shall be varied.

(c)

A garage or carport with a vehicle entrance facing the street shall be set back a minimum of 20 feet from the rear of the public sidewalk, or 20 feet from the property or adopted street plan line, whichever is greater.

(5)

Private open space requirement. Each dwelling unit or parcel shall be designed to provide a minimum of 400 square feet of usable private open space.

(6)

Maximum structure height. The maximum height of structures is 35 feet.

(7)

Maximum coverage. Maximum allowable structure coverage is 65 percent. The use of alternative permeable surfaces is strongly encouraged for driveways, walkways, and patios wherever feasible in order to maintain or enhance groundwater absorption and recharge.

d.

Alternatives to development standards. An applicant for an Ownership Housing Opportunity Area project may propose alternatives to the development standards in Subsection 26-89-050.E.2 above, provided that in no case shall the residential density exceed eleven (11) units per acre. Conditional use permit approval shall be required to authorize alternative development standards. A conditional use permit application for alternative standards shall be processed concurrently with the required design review and subdivision applications.

(Ord. No. 6458, § XX, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6223, § IV(Exh. D), 5-8-2018; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-060 - Affordable Housing Incentives

A residential project that provides affordable housing onsite in compliance with the affordable housing requirements of Section 26-89-040 (Affordable Housing Requirements for Residential Development), or the requirements of a density bonus program under Section 26-89-050 (Density Bonus Programs), may be granted incentives in compliance with this Section.

A.

Guaranteed Incentives. The following incentives are guaranteed for each residential project providing on-site affordable housing in compliance with Subsection 2689-040.C (Affordable Housing Requirements: Minimum Requirements for Construction of Affordable Units On-Site), Subsection 26-89-050.C (State density bonus program), Subsection 26-89-050.D (County supplemental density bonus program), or Subsection 26-89-050.F (Housing Opportunity Area Program bonuses):

1.

"Fast-tracking" of land use permit, subdivision, and construction permit applications for the affordable housing development by all County departments, provided that an affordable rental project shall have priority over an affordable ownership project;

2.

Concurrent processing, where projects require multiple permits or environmental review; and

Preference to affordable housing developments in priority development areas.

B.

Additional Incentives.

1.

In addition to the incentives guaranteed under Subsection 26-89-060.A, the review authority shall also grant one (1) of the following incentives to each residential project providing on-site affordable housing in compliance with Section 26-89-040.C (Affordable Housing Requirements: Minimum Requirements for Construction of Affordable Units On-Site), Section 26-89-050.C (State density bonus program), 26-89-050.D (County supplemental density bonus program), or Section 26-89050.F. (Housing Opportunity Area Program bonuses):

a.

Elimination of covered parking requirements;

b.

A 20 percent reduction of any open space requirements;

c.

A 20 percent reduction of the minimum parcel size or minimum parcel width;

d.

A five-foot reduction in side yard setbacks and a 10-foot reduction in front yard setbacks, provided that adequate access to light is maintained for all units as determined by Design Review; and further provided that no front yard setback shall be less than 10 feet, no garage shall be set back less than 20 feet, and adequate sight distance is maintained; or

e.

Allowance of other regulatory incentives or measures that can be shown to result in identifiable and actual cost reductions.

2.

In addition to the incentives guaranteed under Subsection 26-89-060.A, the review authority shall grant two (2) incentives under this Subsection 26-89-060.B to each residential project that provides:

a.

30 percent of the base units for low-income households;

b.

15 percent of the base units for very low-income households; or

c.

30 percent of the base units for moderate income households in a condominium project or planned development.

3.

The review authority may grant two or more incentives under this Subsection if the applicant demonstrates that the development meets other Housing Element goals (e.g., provision of housing for seniors or special housing needs individuals, including the provision of housing meeting Universal Design standards), or

provides greater or longer term affordability, or a greater number of affordable units than otherwise required. Incentives provided under this Subsection shall be proportional to the extent to which the project provides for additional affordable and/or special needs housing units and/or child care facilities. In the case of condominiums and planned developments, any waiver or modification of development standards approved for the condominium or planned development project shall be considered incentives under this Subsection.

C.

Request for specific incentive.

1.

An applicant eligible for an affordable housing incentive under this Subsection may submit a request for a specific incentive under Subsection 26-89-060.B and may request a meeting with the Department to discuss that request. The review authority shall grant the specifically requested incentive unless it finds any of the following:

a.

The incentive is not required in order to provide for the affordable housing costs or rents as provided in this Section; or

b.

The incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, upon public health or safety or the physical environment or upon any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low- and moderate income households.

c.

The incentive would be contrary to state or federal law.

2.

If the review authority finds that it cannot grant the specifically requested incentive, it shall grant a different incentive under Subsection 26-89-060.B, which incentive it determines will best enhance the economic feasibility of the project or will allow greater or longer term affordability or a greater number of affordable units.

(Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-070 - Design and Construction Standards

Each housing unit that is constructed to provide affordable housing in compliance with this Article shall comply with all of the following standards.

A.

Design and construction.

1.

Timing of construction. Affordable units shall be constructed concurrently with the other units in the project. Where construction phasing is necessary, each phase shall provide the same ratio of lower-or moderate income units to the market rate or other unrestricted units in the phase as that required for the development as a whole.

2.

Location within overall development. Affordable units shall be integrated into the overall project design and distributed throughout the development.

3.

Unit size.

a.

The average floor area of the affordable units shall be at least 75 percent of the average floor area of the other units in the development.

b.

The mix of unit sizes and numbers of bedrooms in the affordable units shall be similar to the mix of unit sizes and bedroom counts provided in the development as a whole; except that the affordable units may have less floor area than the market rate units to assist in achieving affordability, provided the units comply with the average floor area requirement in Subsection 26-89-070.A.3.a, above.

4.

Amenities.

a.

Interior amenities. To assist in achieving affordability, affordable units may have fewer interior amenities than the market rate units in the development.

b.

Exterior appearance. Exterior appearance and quality of the affordable units shall generally be similar to the market-rate units, with exterior materials and appointments similar to, and architecturally compatible with, the market-rate units in the development.

c.

Upgrades. A developer shall not offer upgrades of materials to renters or buyers of affordable dwelling units where the upgrades would increase the total price paid by the buyer to the developer, or total rent paid by the tenant, for the affordable dwelling unit to above the specified affordable rent or sales price.

(Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-080 - Ownership Unit Occupancy and Long-Term Restrictions

Each affordable ownership unit constructed in compliance with this Article shall comply with all of the requirements of this Section.

A.

Ownership unit occupancy requirements.

1.

Eligibility requirements. An affordable housing unit shall be sold, and to the extent required by Subsection 26-89-080.C (Affordable Housing Agreement required), resold, only to a household certified by the CDC as extremely-low, very low-, low-, or moderate-income, and where applicable as a senior, disabled or large family household, as designated by the terms of project approval, and which also complies with all of the following requirements.

a.

The purchaser shall be an eligible household as defined by the CDC and specified in the Sonoma County Affordable Housing Program Homeownership Policies, maintained by CDC.

b.

The purchaser shall reside in the unit as their principal residence and may not rent the unit in its entirety to another party.

2.

Buyer certification and selection. Affordable housing units shall be sold, and to the extent required by Subsection D. below resold, only to households certified by the CDC as satisfying eligibility requirements specified in Subsection 26-89-080.A.1, above, and in compliance with all of the following procedures:

a.

Initial buyers eligible to purchase affordable housing units shall be selected by the developer in compliance with a marketing program approved, in advance, by the Executive Director of the CDC. Subsequent buyers shall be selected by the CDC in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

b.

The marketing program shall identify and detail an equitable selection process to be used for the marketing and sale of the affordable units.

c.

Selection criteria may include household income and assets, household size, and, in cases where units are dedicated for low-income senior, disabled, or large family households, the size or special needs features of the available unit(s).

3.

Preferences. Preference in the sale of affordable housing units shall be given first to persons currently employed in the County, and then to current County residents, to the extent allowed by law.

B.

Ownership units - sales price restrictions. Affordable ownership units as designated in the terms of project approval shall be offered at sales prices that are considered affordable to very low-, low-, or moderate-income households, as applicable, as defined in Article 04 (Glossary). CDC shall calculate sales prices for each of these income categories in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

C.

Affordable Housing Agreement required.

1.

The CDC shall record an Affordable Housing Agreement with the eligible buyer concurrently with the recording of each grant deed transferring title to an affordable unit subject to this Section to an eligible household. The Affordable Housing Agreement shall provide the CDC, for the term specified in Subsection 26-89-080.C.5 below, with a first right to purchase the unit upon resale in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

The Affordable Housing Agreement shall permit CDC to assign its rights to purchase the unit under the Agreement to an eligible buyer to purchase the unit.

3.

In all cases where the CDC exercises or assigns its rights to purchase the unit, the unit shall be conveyed to or purchased by an income-eligible buyer in compliance with the designation of the unit in project approvals and as determined by the CDC in compliance with the Sonoma County Affordable Housing Program Homeownership Policies.

4.

The Affordable Housing Agreement shall contain provisions further restricting the resale of an affordable ownership unit to the extent required by the Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC.

5.

The Affordable Housing Agreement for each affordable ownership unit shall reserve the unit for purchase by the CDC or its assignee and for resale only to eligible households, as defined by this Section and the project approvals, for a minimum term of thirty (30) years, or for a longer time if required by the project approvals, construction or mortgage financing assistance program, or mortgage insurance program. A new term shall commence on the recording date of each new Affordable Housing Agreement recorded concurrently with a grant deed transferring title of the designated unit to an eligible household.

D.

Alternative financing programs and affordability guarantees.

1.

Where the Executive Director of the CDC determines, after consultation with County Counsel, that one (1) or more federal, State, and/or local financing programs applicable to a project will achieve results that are equivalent to, or more restrictive than the affordability and/or financing requirements of this Section and the Sonoma County Affordable Housing Program Homeownership Policies, and that the financing programs otherwise comply with applicable federal, State and local laws, the Executive Director may authorize the relevant provisions of those programs to replace or supersede the affordability and/or financing requirements of this Section and the Sonoma County Affordable Housing Program Homeownership Policies.

2.

When authorized by the Executive Director of the CDC in compliance with Subsection 26-89-080.D.1, the Affordable Housing Agreement required by Section 2689-100 for a project shall incorporate the affordability and/or financing provisions of the relevant federal, State, and/or local programs, that will replace the corresponding or similar requirements of this Section and the Sonoma County Affordable Housing Program Homeownership Policies. The CDC shall record an Affordable Housing Agreement in compliance with Subsection 26-89-080.C, above, for each unit sold under this Subsection 26-89-080.D.

E.

Administrative fees. The CDC may collect an administrative fee, as the Board may establish from time to time, at close of escrow of the sale and resale of each affordable ownership unit, to recover the costs of its obligation under this Section.

(Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-090 - Rental Unit Occupancy and Long-Term Restrictions

Each affordable rental unit constructed in compliance with this Article shall comply with all of the requirements of this Section.

A.

Rental unit - occupancy requirements.

1.

Eligibility requirements.

a.

No household shall be allowed to occupy an affordable rental unit constructed in compliance with this Article unless the annual household income, adjusted for household size, is equal to or less than:

(1)

30 percent of median income for the County, for units restricted to extremely low-income households;

(2)

50 percent of median income for the County, for units restricted to very low-income households; and

(3)

80 percent of median income for the County, for units restricted to low-income households.

Tenant certification and selection. Affordable rental units shall be rented only to households meeting the eligibility requirements of Subsection 26-89-090.A.1 above, and in compliance with all of the following procedures.

a.

Renters eligible to rent the affordable units shall be selected by the developer or owner in compliance with a tenant selection and marketing program approved, in advance, by the Executive Director of the CDC.

b.

At least once annually and no more often than semi-annually, owners of affordable rental units shall provide to the CDC compliance reports on forms provided or approved by CDC, certifying that all tenants occupying the designated rental units are eligible under the terms of this Section and the Affordable Housing Agreement applicable to the development.

3.

Preferences. Preference in the rental of affordable housing units shall be given first to persons currently employed in the County, and then to current County residents, to the extent allowed by law.

B.

Affordable rental unit restrictions. Each affordable rental unit shall be offered at a rent level that is considered affordable to extremely low-, very low- or low-income households, as established annually by the Executive Director of the CDC based upon income limits that the U.S. Department of Housing and Urban Development (HUD) issues annually for the County. A utility allowance will be deducted from the maximum affordable rent so that monthly housing costs (rent plus tenant-paid utilities) are equal to or less than:

1.

For units restricted to low-income households, 30 percent of 60 percent of median area income, as established annually by HUD, adjusted for assumed household size;

2.

For units restricted to very low-income households, 30 percent of 50 percent of median area income, as established annually by HUD, adjusted for assumed household size; and

3.

For units restricted to extremely low-income households, 30 percent of 30 percent of median area income, as established annually by HUD, adjusted for assumed household size.

C.

Term of rental restrictions—Minimum term for continued affordability. Each required affordable rental unit shall be reserved for eligible extremely low-, very low- or low-income households, and as applicable to senior, disabled, and large family households, at the applicable affordable rent for a minimum of 55 years or for a longer time if required by the project approvals, construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, or as otherwise allowed by law. The affordability term shall commence on the date of issuance of the Certificate of Occupancy for the affordable unit.

D.

Rental unit monitoring. The CDC shall monitor the rental of affordable units for compliance with the Affordable Housing Agreement and the provisions of this Article. On an annual basis, the owner shall pay to the CDC a fee for monitoring each unit subject to the Affordable Housing Agreement, which fee shall be established by resolution of the Board of Directors of CDC from time to time.

(Ord. No. 6458, § XXI, 12-5-2023; Ord. No. 6403, 3-7-2023; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Sec. 26-89-100 - Affordable Housing Agreements

The obligations assumed by an applicant or property owner in exchange for subsidies or incentives for the construction of affordable housing in compliance with this Article shall be secured by a recorded Affordable Housing Agreement executed by the property owner and by the CDC on behalf of the County, and recorded before the recordation of a final map or issuance of a Building Permit, whichever occurs first.

A.

Review and approval. Subject to review and approval by County Counsel as to form, the Executive Director of the CDC is authorized to sign and record Affordable Housing Agreements required by this Section and to sign and record documents subordinating Affordable Housing Agreements to acquisition, construction, bridge, and long-term permanent financing associated with the development of the project in which the affordable units will be located.

B.

Agreement contents. An Affordable Housing Agreement shall contain provisions that implement all requirements of Chapter 26, as applicable to the specific project. The agreement shall also include the following provisions, and/or any additional requirements required by the review authority.

Occupancy standards. The agreement shall include provisions that specify:

a.

Income eligibility criteria for defining housing unit affordability;

b.

The actual affordable sales prices or rents for affordable units, as determined by the CDC in accordance with this Article. The agreement shall also provide that the CDC may from time to time revise the sales prices and rent limits in response to changes in income limits, monthly housing costs, and the real estate market. Monthly housing costs for affordable ownership units shall include mortgage payments, property taxes, homeowners insurance and, as applicable, homeowner's association dues and private mortgage insurance. Monthly housing costs for affordable rental units shall include the rent plus any tenant-paid utilities;

c.

Criteria for the certification and selection of buyers or renters, as applicable. Selection criteria may include the amount of household income and assets, household size, and the size or other special needs features of units reserved for senior, disabled or large family households; and

d.

A fair and equitable marketing and buyer or tenant selection process submitted by the applicant and approved in advance by the Executive Director of the CDC, to ensure the selection of eligible buyers or tenants.

2.

Sale, resale and rental restrictions. The agreement shall include provisions that specify:

a.

A guarantee of sale or rent and continuing availability of all units designated as moderate income units to eligible moderate income households, and a guarantee of sale or rent and continued affordability of all units designated as affordable to low-, very low-, and extremely low-income households to eligible low-, very lowor extremely low-income households for a minimum of 30 years or as otherwise provided by this Article, or for another term as may be authorized by the project approvals and allowed by law;

b.

A provision restricting the sale of all affordable ownership units to eligible buyers as defined by the CDC in accordance with this Article and specified in the Sonoma County Affordable Housing Program Homeownership Policies, available at the offices of the CDC; and

c.

A provision that the sale of a dwelling designated as affordable to a moderate, low- or very low-income household shall include an assignable Affordable Housing agreement granting the CDC the first right of refusal to purchase the unit at the time of subsequent sale as specified in the Sonoma County Affordable Housing Program Homeownership Policies.

3.

Fees. The agreement shall include a provision that the CDC and the Department receive all applicable fees as may be established by resolution of the CDC or Board from time to time, including but not limited to monitoring fees for rental units and administrative fees at sale and resale of ownership units subject to this Article.

4.

Enforcement and recovery of costs. The agreement shall include a provision that provides for enforcement of the agreement by the County and/or the CDC and that entitles the County and the CDC to recover reasonable attorney's fees (including County Counsel fees), investigation and litigation expenses, and any related staff costs associated with enforcing the Agreement.

(Ord. No. 6129, § IIIB(Att. C), 8-18-2015; Ord. No. 6085, § IV(Exh. C), 10-7-2014)

Article 90. - Local Area Development Guidelines.[[37]]

Footnotes:

--- ( 37 ) ---

Editor's note— Ord. No. 6057, § III(a), Exh. A, adopted Feb. 4, 2014, repealed the former Art. 90, §§ 26-90-005—26-90-050, and enacted a new article as set out herein. The former Art. 90 pertained to similar subject matter and derived from Ord. No. 4643, adopted in 1993; Ord. No. 5120, adopted in 1998; Ord. No. 5132, § 4, adopted in 1999; Ord. No. 5676, § 1, adopted in 2006; Ord. No. 5920, § I, adopted Dec. 14, 2010; Ord. No. 5921, § I, adopted Dec. 14, 2010; and Ord. No. 5935, § I, adopted May 10, 2011.

Sec. 26-90-010. - Purpose.

Purpose. The purpose of these guidelines and standards are to implement General Plan Land Use Element policies and programs to protect and enhance the unique character of specific unincorporated communities and areas, as designated by the Board, while allowing for land uses and development authorized in the General Plan Land Use Element. This division provides a greater level of detail for the desired character of development in a local area.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-020. - Applicability.

(a)

Applicable Areas. The provisions of this division apply within the boundaries of the following local areas of the LG (Local Guidelines) combining zone in the Zoning Database:

(1)

Canon Manor West (LG/CMW).

(2)

Glen Ellen (LG/GE1), (LG/GE2).

(3)

Highway 116 Scenic Corridor (LG/116).

(4)

Penngrove Main Street (LG/PNG).

(5)

Russian River Corridor (LG/RRC).

(6)

Sebastopol Road Urban Vision Plan (LG/SVP).

(7)

The Springs, Highway 12 (LG/SPR).

(8)

Taylor/Sonoma/Mayacamas Mountains (LG/MTN).

(9)

Lance Drive (LG/LAN).

(b)

Applicable Projects. Within the LG zone, provisions of this division apply to the following types of projects:

(1)

Discretionary Projects. This division applies to each proposed development and new land use that is subject to a discretionary land use permit under this Development Code; and

(2)

Ministerial Projects. This division applies to each building permit or other ministerial permit, unless an exemption is contained in the section herein specific to that local area.

The table below summarizes the permit requirements of each area:

Local Area Development
Guideline
Exempt
Projects
Design Review Permit Planning Clearance
Ministerial Projects
(building permits) for
exterior modifcation or
new structures
Discretionary Projects
(use permits,
subdivision, design
review as otherwise
required by code)
Public
Projects
Building Permit for new
dwelling or sewer/water
connection
Canon Manor West No No Yes
Glen Ellen Subarea 1 Yes Yes
Glen Ellen Subarea 2 No Yes
Highway 12/
The Springs
Yes Yes Yes
Hwy 116 Discretionary projects
not visible from hwy
No Yes Yes
Penngrove Main Street Yes Yes Yes
Russian River Corridor Dwellings of 3 or less
units
Yes Yes
--- --- --- --- --- ---
Sebastopol Road Urban
Vision Plan
Yes Yes Yes
Taylor/Sonoma/Mayacamas
Mountains
-Accessory structures
not requiring a building
permit
-Ag structures
-Ag employee housing
-Structures not visible
from public roads
Yes Yes
Lance Drive No Yes Yes No

(c)

In the event of conflict. In the event of any conflict between the provisions of this Division and other requirements of this Development Code, the provisions of this Division shall control.

(Ord. No. 6458, § XXII, 12-5-2023; Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-030. - Adoption/amendment of Local Area Guidelines and Standards.

New Local Area Guidelines and Standards and amendments shall be reviewed and approved in compliance with Chapter 26, Article 96 (Zoning Code Amendments). Concurrent with the establishment of any new Local Area Guidelines and Standards area, all subject properties shall be rezoned to the LG (Local Guidelines) combining zone with an appropriate title and suffix referencing specific area. Local Area Guidelines and Standards shall be listed in Chapter 26, Article 63 (Local Guidelines Combining Zone).

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-040. - Permit requirements for all Local Area Guidelines and Standards.

(a)

Design and Site Plan Review Required. Unless specifically exempt within this Division, each discretionary land use permit and ministerial permit that results in exterior modifications or new development within a LG (Local Guidelines) combining zone shall be reviewed and approved in compliance with Chapter 26, Article 82 (Design Review), and a Design and Site Plan Review or Administrative Design and Site Plan Review Permit shall be required prior to construction permit issuance to implement the provisions of the applicable Local Area Guidelines and Standards. This design and site plan review requirement is in addition to any other required permits (Building Permit, Zoning Permit, Conditional Use Permit, Subdivision, etc.).

(b)

Review Authority. The review authority shall be the highest review authority designated by Section 26-92-060 (Concurrent Processing of Related Applications). Where only a Building, Grading, or Drainage Permit is required, the Director shall be the review authority for the Administrative Design Review.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-050. - Canon Manor West (CMW).

(a)

Purpose. The purpose of the Canon Manor West Subdivision Local Area Guidelines and Standards is to implement water conservation mitigation measures required with the formation of a sewer and water assessment district for the Canon Manor West area.

(b)

Additional Permit Requirements or Exemptions. Only a Planning Clearance is required for the following ministerial actions require compliance with this Division prior to connection, permit final or resale, with the water conservation standards of Subsection (c) herein:

(1)

Connection to sewer and/or water.

(2)

A Building Permit for:

a.

Construction of a new dwelling; or

b.

Major renovation (more than thirty percent (30%) increase in square footage based on linear footage of altered walls method (Department Policy 9-2-29) of an existing home (a Building Permit and inspection is required).

(3)

The resale of an existing dwelling:

a.

Before sale the seller shall perform a water system audit utilizing the approved form provided by the Department and repair leaks as necessary. This is a selfmonitoring process and does not require a Building Permit or inspection; and

b.

Owners shall file the water system audit with the Department and the records shall be maintained in the well and septic files for the subject property.

(c)

Standards. The standards of this section are limited to the following water conservation measures:

(1)

Low flush toilets (1.6-gallon or less) (installation of a toilet requires a Building Permit);

(2)

Low-flow showerheads (2.5 gallons per minute (gpm) or less); and

(3)

Low-flow faucet aerators (2.2 gpm or less); or

(4)

If the dwelling is already equipped with low flush toilets, replace leaking toilet flappers as needed.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/CMW (Local Guidelines/Canon Manor West) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-060. - Glen Ellen Development and Design Guidelines (GE1) (GE2).

(a)

Purpose. The purpose of the Glen Ellen Development and Design Guidelines is to direct development in a way that the character of Glen Ellen is enhanced and its rural character and scenic quality are maintained. The design guidelines encourage the use of forms and materials that are human in scale.

(b)

Additional Permit Requirements or Exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Ministerial projects within the Glen Ellen Subarea 2 are exempt from the provisions of the Glen Ellen Design Guidelines.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Glen Ellen Development and Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this section apply to all properties within the boundary shown in the Zoning Database as being within the LG/GE1 (Local Guidelines Glen Ellen Subarea 1) or LG/GE2 (Local Guidelines/Glen Ellen Subarea 2) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-070. - Highway 116 Scenic Corridor (116).

(a)

Purpose. The purpose of the Highway 116 Scenic Corridor Study is to provide for the protection and enhancement of the scenic corridor along State Route 116 in Sonoma County.

(b)

Additional Permit Requirements or Exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Projects that require only ministerial approval, such as building permits, are exempt from the requirements of this section.

(2)

Discretionary projects within the Highway 116 Scenic Corridor Study boundary, but not visible from Highway 116 are exempt from the requirements of this section upon approval of a Zoning Permit with sufficient documentation to verify that the project would not be visible from Highway 116.

(3)

As authorized by the Scenic Highway 116 Guidelines, Cal-trans highway projects, County public works projects, and public utility projects shall use the Scenic Highway 116 Guidelines protective measures in the design and construction of public projects in the Scenic Highway 116 boundaries.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of Sonoma Highway 116 Scenic Highway Corridor Study on file at the Permit and Resource Management Department.

(d)

Boundaries. The guidelines established by this Section apply to all properties shown in the Zoning Database as being within the LG/116 (Local Guidelines/Highway 116 Scenic Corridor) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-080. - Penngrove Main Street (PNG).

(a)

Purpose. The purpose of the Penngrove Main Street Design Guidelines is to preserve the historic resources and traditional character of Penngrove's Main Street and promote a walkable, mixed-use, and economically viable commercial zone.

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Public and private improvements within and adjacent to the public street right-of-way shall comply, unless otherwise approved by the Board.

(2)

Signage and exterior lighting shall comply.

(3)

Historic structures identified in the Sonoma County Historic Resources Inventory and sites in the HD (Historic) combining zone require review by the Sonoma County Landmarks Commission or designated Landmarks Commission staff in compliance with Chapter 26, Article 82 (Design Review) and Article 68 (Historic District), and such review shall occur concurrently with the Design Review or Administrative Design Review Permit.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Penngrove Main Street Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/PNG (Local Guidelines/Penngrove) combining zone.

Sec. 26-90-090. - Russian River Corridor (RRC).

(a)

Purpose. The purpose of the Russian River Design Guidelines is to provide clear, concise design guidance in order to preserve and enhance the built environment of the Russian River area and to promote new development that respects the context of its unique setting and is appropriately integrated into the fabric of the existing community.

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Signage and exterior lighting shall comply.

(2)

Single family and multi-family ministerial projects of 3 or less units are exempt from the provisions of the Russian River Corridor Design Guidelines, unless the site contains historic resources listed in subsection (b)(3) below.

(3)

Historic resources identified in the Russian River Corridor Appendix B (Historic Resources), the Sonoma County Historic Resources Inventory, and sites in the HD (Historic) combining zone require review by the Sonoma County Landmarks Commission or designated Landmarks Commission staff in compliance with Chapter 26, Article 82 (Design Review), and such review shall occur concurrently with the Design Review or Administrative Design Review Permit.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Russian River Corridor Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/RRC (Local Guidelines/Russian River Corridor) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-100. - Sebastopol Road Urban Vision Plan (SRV).

(a)

Purpose. The Sebastopol Road Urban Vision Plan advocates mixed use development along the Sebastopol Road corridor, with new structures placed at the edge of the public sidewalk and parking located behind the structure(s). The purpose of the Sebastopol Road Urban Vision Plan is to provide design parameters for current and new land uses to meet the following objectives:

(1)

Stimulate economic revitalization.

(2)

Provide more green spaces.

(3)

Facilitate pleasant and safer pedestrian connectivity.

(4)

Help decongest traffic.

(5)

Provide public spaces for socializing.

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Public and private improvements within and adjacent to the public street right-of-way shall comply, unless otherwise approved by the Board.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of the Sebastopol Road Urban Vision Plan on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/SRV (Local Guidelines/Sebastopol Road Urban Vision Plan) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-110. - The Springs Highway 12 (SPR).

(a)

Purpose. The purpose of the Springs Highway 12 Design Guidelines is to provide a vision and design standards that will lead to the beautification of the Highway 12 Corridor linking the communities of Fetters Hot Springs, Agua Caliente, Boyes Hot Springs and El Verano - collectively referred to as "The Springs."

(b)

Additional permit requirements or exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Signage and exterior lighting shall comply.

(2)

Public and private improvements within and adjacent to the public street right-of-way shall comply, unless otherwise approved by the Board.

(c)

Standards. Applicable development shall be reviewed and approved in compliance with the most current version of The Springs Highway 12 Design Guidelines on file at the Permit and Resource Management Department.

(d)

Boundaries. The standards established by this Section applies to any parcel with frontage on Highway 12 from its intersection at Verano Avenue, north, to its intersection at Agua Caliente Road, and shown in the Zoning Database as being within the LG/SPR (Local Guidelines/The Springs Highway 12) combining zone.

(Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-120. - Taylor/Sonoma/Mayacamas Mountains (MTN).

(a)

Purpose. These standards are intended to reduce the visual impacts of residential related development within the Scenic Landscape Units of Taylor, Sonoma, and Mayacamas Mountain areas as visible from public roads.

(b)

Additional Permit Requirements or Exemptions. In addition to the requirements of Section 26-90-040 above (Permit requirements for all Local Area Guidelines and Standards), the following applies:

(1)

Deed Restriction. A deed restriction shall be recorded stating the conditions of the Design Review or Administrative Design Review approval.

(2)

Structures and Site Development. These standards apply to single-family dwellings, second dwelling units, residential accessory structures, and other associated site development including but not limited to roadways, site grading, and utilities (collectively referred to in this Section as "site development"), except as otherwise exempt, that are or would be visible from public roads.

(3)

Board Appointed Citizen Advisory Committee Referral. These standards shall be utilized by the Department and applicable Board appointed local citizen's advisory committees in compliance with Chapter 26, Article 64 (Scenic Resources Combining Zone) to evaluate any Building Permit applications for proposed single-family dwellings, second dwelling units, and any other associated site development.

(4)

Effect on Existing Structures. Legal single-family dwelling(s) or appurtenant structure(s) existing on the effective date of this Section shall be deemed to comply with this Section. Expansions to existing single-family dwelling(s) and/or appurtenant structure(s) shall be required to comply with this Section.

(5)

Exempt Structures. The requirements of this section shall not apply to:

a.

Accessory structure(s) that do not require a Building Permit;

b.

Agricultural structure(s) or use;

c.

Farm family, agricultural employee, and farmworker housing; and

d.

Structure(s) that are not or would not be visible at the time of construction from public roads. Nothing in this section shall apply to the appearance of a singlefamily dwelling(s) or appurtenant structure(s) where viewed from a non-vehicular pedestrian, bicycle, or equestrian trail open to the public.

(6)

Exemption for sites rendered unbuildable. One or more of the requirements of this Section may be waived or modified where the applicable review authority determines that strict compliance with these standards would render a legal parcel unbuildable, provided that the review authority shall first find that:

a.

A single-family dwelling or second dwelling unit and each appurtenant structure, road, driveway, and utility line will be located where the least visual impact would result; and

b.

The proposed development will not conflict with Chapter 26, Article 64 (Scenic Resources Combining Zone).

(c)

Standards. The following standards apply:

(1)

Site Planning Standards.

a.

Applicability. The provisions of this subsection apply to all proposed site development which, for the purposes of this Subsection includes each proposed dwelling, appurtenant structure, and any related utility line, access road, and driveway except on a site where a building envelope was previously established by way of a recorded subdivision map or recorded open space or conservation easement, in which case the structure shall be located within the established building envelope.

b.

Siting Criteria. All features of site development that are subject to these standards shall, to the extent feasible, be located to be substantially screened when viewed from public roads. The term "viewed" shall mean what is visible to a person of normal eyesight from public roads.

c.

Alternative Siting. The location of site development in compliance with this Section shall be feasible based on the factors of fire, safety, on-site sewage disposal, drainage, geologic, and other constraints. Where these constraints make it infeasible to substantially screen the structures and related site development, they shall be located in the least visible location on the parcel and shall be subject to the architectural and landscaping standards in specified in subsections e. and f., below.

d.

Use of existing vegetation and site features.

1.

Existing vegetation or existing topographic features shall be used, where feasible, to substantially screen site development as seen from public roads.

2.

Grading and removal of trees and other mature vegetation should be minimized. Avoid removal of specimen trees, tree groupings, and windbreaks.

3.

The applicant shall provide the Department with a site plan indicating if any vegetation is proposed, or topographic features proposed to be removed as well as vegetation to be retained and used to substantially screen the site development.

4.

Where existing topography and vegetation would not screen structures from view from public roads, landscaping shall be installed consisting of native vegetation in natural groupings that fit with the character of the area in order to substantially screen structures from view.

e.

Ridge-line Development. On hills and ridges, no portion of a single-family dwelling, appurtenant structure(s), or any portion of a structure shall appear against the sky when viewed from public roads.

f.

Roads and Driveways. The grade and alignment of each new access road, including any driveway, related to the construction of any single-family dwelling and/or appurtenant structure(s) shall be located and designed to minimize the visibility of each road and road cut, as viewed from public roads.

g.

Grading.

1.

All exposed slopes and disturbed soil resulting from site development shall be graded so as to be gently sloping and blend with the natural topography.

Regraded slopes and disturbed soils shall be revegetated with indigenous plants, or other plants with similar massing and coverage characteristics suitable to minimize soil erosion.

(2)

Architectural Standards. Each single-family dwelling and appurtenant structures, including fences, shall comply with the following standards, except as may be exempted in compliance with subsection (b)(5) (Exempt Structures), above.

a.

Rural Character.

1.

All new structures shall be designed to respect the rural character of the surrounding environment.

2.

The architectural form of the structure(s) and site development shall utilize appropriate form and massing to reduce the visual impact and blend with the environmental setting.

b.

Building Materials and Exterior Colors.

The exterior colors of the structure shall be local earth tones blending with the natural environment of the site and have a low reflectivity value.

An exterior color may be changed to another new color, provided that the new color is consistent with these standards.

3.

Building materials (e.g., bricks, natural wood, or stone) may be considered, provided the material used is an appropriate color and has a low reflectivity value.

c.

Windows. Window glazing shall be nonreflective.

d.

Lighting, Exterior.

1.

Exterior lighting shall be downward facing, fully shielded, and located at the lowest possible point to the ground to prevent glare and light pollution.

Light fixtures shall not be located at the periphery of the property and shall not spill over onto adjacent properties or into the night sky.

Luminaires shall have a maximum output of 1000 lumens per fixture.

Total illuminance beyond the property line created by simultaneous operation of all exterior lighting shall not exceed 1.0 lux.

All roadway, parking, and driveway lights shall be low profile utilizing full cut-off fixtures.

6.

Flood lights are not allowed.

7.

If security lighting is necessary, it shall be motion-sensor activated only.

(3)

Landscaping. Site development in compliance with this section shall require landscaping as follows, consistent with Section 7D-3 (Water Efficient Landscape Regulations), County Code Chapter 13 (Fire Safety Ordinance), and Emergency Services Department Vegetation Management Guidelines, except as provided by Subsection (c)(3)c., below.

a.

Size and Density of Plant Materials. Landscaping necessary to accomplish substantial screening shall be of sufficient size and density to screen the structure within ten (10) years following installation.

b.

Plant Species. Plant species used for any screening and revegetation required by these standards shall be indigenous, or of a similar character as determined by the review authority. Planting shall also comply with the fire safe standards.

c.

Waiver or Modification of Landscaping Requirements. Where the Director determines that because of soil, climatic conditions, or topographic conditions, the landscaping otherwise required by this Subsection would not be feasible, the Director may waive the landscaping requirements, provided that the dwelling and/or appurtenant structure(s) is constructed in the least visible location on the building site. The Director shall not waive the landscaping requirements unless the Director has first determined that the applicant has:

1.

Explored all reasonable alternative measures to screen or otherwise reduce the visibility of the structures, and associated site development, to the same degree as the landscaping requirements that would be waived; and

2.

Proposed an alternative or demonstrated that landscaping is not necessary and/or feasible for the particular structure and/or site development at issue.

(d)

Boundaries. The standards of this Section apply to all properties within the boundary shown in the Zoning Database as being within the LG/MTN (Local Guidelines/Taylor Sonoma Mayacamas Mountains) combining zone.

(Ord. No. 6532, § III(Exh. A), 10-7-2025; Ord. No. 6057, § III(a), Exh. A, 2-4-2014)

Sec. 26-90-130. - [Lance Drive local guidelines.]

(a)

Purpose. The purpose of the Lance Drive Local Guidelines is to implement the vision of the City of Santa Rosa's North Santa Rosa Station Area Specific Plan for a multi-modal, transit-oriented community and provide for development standards that are consistent with the Specific Plan and the City's pre-zoning for specified unincorporated island parcels adjacent to Lance Drive and Guerneville Road in the City of Santa Rosa. The site design for this area shall include:

(1)

New residential neighborhoods that feature sidewalks on both sides of the street;

(2)

An urban plaza located at the corner of Lance Drive and Guerneville Road; and

(3)

Community gardens incorporated into neighborhood design.

(b)

Definitions. The following definitions apply in this section:

(1)

Activity-generating use: a land use that is intended to attract a high volume of pedestrian traffic. An activity-generating use provides high customer turnover and social interaction, such as retail, entertainment and dining establishments, personal services, theaters, and galleries, and may include a lobby for upper-floor multifamily residential units.

(2)

Encroachment: a portion of a building that extends beyond the limits determined by the setbacks.

(3)

Stepback: the number of feet a building recedes from the build-to line of the floor below it.

(c)

Standards.

(1)

For properties designated as medium density residential (R2) or high density residential (R3), the development standards in Table 1 apply in addition to the development standards of the applicable base zoning district. Where conflicts exist, the standards in this section shall control.

Table 1. Development Standards — Residential

Table 1. Development Standards — Residential
Development
Standard
Medium Density
Residential
High Density
Residential
Building Height Maximum 3 stories (35 feet) Maximum 4 stories (45 feet)
Allowed Projections Roof forms above fascia may project to a maximum
of 10 feet above maximum height.
Roof height may project to a maximum of 10 feet
above maximum height.
Building Setbacks
Front property line 10 ft provided a 1-story portion may project up to 6 ft into the setback and required stairs and landings
may project up to 10 ft into the setback.
Street side property line 10 ft provided a 1-story portion may project up to 6 ft into the setback and required stairs and landings
may project up to 10 ft into the setback.
Interior side property line For 1-story: 5 feet.
For 2-story: 10 feet, or 7.5 feet if abutting a non-residential zone.
For 3 story or more: 15 feet, or 10 feet if abutting a non-residential zone.
Rear property line 15 feet, except that no setback is required if abutting a high-density residential zoning district.
Building Stepbacks Step back all foors above 3 stories a minimum of 6
feet.
Allowed Encroachments Main entries may encroach up to 12 feet into
setback. Secondary entries and balconies may
encroach up to 2.5 feet into all setback areas.
Bay windows, chimneys, and eaves may encroach
a maximum of 2.5 feet into all setback areas.
Main entry may encroach up to 10 feet into front
setback.
Awnings and canopies (functional weather
protection) may encroach up to 8 feet into public
right-of-way.
Balconies, bay windows, chimneys, and eaves may
encroach a maximum of 2.5 feet into all setback
areas
Access Standards All main building entries shall face the street.
Private surface parking lots are not permitted in front of buildings.
Locate on-site parking to the rear or side of the property or internal to the block and provide access to
parking through alleys and driveways, as possible.

(2)

For properties designated as retail business and service (C2), the development standards in Table 2 apply in addition to the development standards of the applicable base zoning district. Where conflicts exist, the standards in this section shall control.

Table 2. Development Standards — Commercial

Development
Standard
Retail Business and Service
Land Use Ground-foor uses at the street must be activity-generating uses.
Building Height 45 ft
Retail Ceiling Height (Ground Floor) Minimum 15 feet
--- ---
Building Setbacks
Front 7.5 ft adjacent to a residential zone or use, or more as required by Design Review; none required elsewhere
Side 5 ft adjacent to a residential zone or use, or more as required by Design Review; none required elsewhere
Rear 10 ft adjacent to a residential zone or use, or more as required by Design Review; none required elsewhere
Building Stepbacks Step back all foors above 3 stories a minimum of 6 feet.
Recessed Entries Corners: Maximum depth 10 feet
Front: Maximum depth 5 feet
Retail Frontage Transparency minimum 80% of frontage on street (transparency to wrap corners up to 25% of side facade facing
street).
Allowed Encroachments Awnings and canopies (functional weather protection) may encroach up to 8 feet into the public right-of-way.
Bay windows and eaves may encroach a maximum of 2.5 feet into any setback.
Access Standards Public surface parking is not allowed in front setback.
All other surface parking is to be located to the side or at the rear of the building.
Provide access with driveways or through alley if practicable.

(3)

Parking Requirements. Notwithstanding conflicting requirements of Article 86 (Parking Regulations), the following parking requirements apply:

Table 3. Parking Requirements

Parking Standard Medium Density Residential High Density Residential Retail Business and Service
Vehicle Parking Residential: 1.5/DU minimum
Afordable Residential: 1.0/DU
minimum
Senior Housing: 0.5/DU minimum
1 space for each 250 sf
Bicycle Parking 1 space per 4 units if units do not
have a private garage or private
storage space for bike storage.
1 space per 5,000 sf.

(1)

In anticipation of annexation, developments should be guided by the Design Guidelines applicable to the sites as provided in the City of Santa Rosa's North Santa Rosa Station Area Specific Plan.

(2)

Development abutting the Northwest Community Park shall provide a direct pedestrian or bicycle connection to the park.

(3)

In anticipation of annexation, all multifamily and commercial development on these properties shall comply with the City of Santa Rosa's adopted Design and Construction Standards for Streets, Traffic, Street Lights, Storm Drains, Water, Sewer, and Landscaping, or successor standards.

(d)

Boundaries. The standards established by this section apply to all properties within the boundary shown in the zoning database as being within the LG/LAN (Local Guidelines/Lance Drive) combining zone.

(Ord. No. 6458, § XXIII, 12-5-2023)

Article 92. - Administrative and Public Hearing Procedures.

Sec. 26-92-010. - Zoning permit—When required.

Zoning permits shall be required for all buildings and structures erected, constructed, altered, repaired or moved in or into any district established by this chapter, and for the use of vacant land or for a change in the character of the use of land within any district established by this chapter.

(Ord. No. 4643, 1993.)

Sec. 26-92-020. - Same—Issuance.

The zoning permit shall be issued if the proposed use or building is in conformance with the provisions of this chapter. If any permit is issued, by error or otherwise, where a proposed use or building is not in conformance with the provisions of this chapter, such permit shall be null and void.

(Ord. No. 4643, 1993.)

Sec. 26-92-030. - Indemnification of county.

(a)

At the time of submitting an application for a discretionary approval which is the subject of this chapter, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, appeal boards of board of supervisors, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

(b)

In the event that a claim, action or proceeding discussed in subsection (a) is brought, the county shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the county from participating in the defense of any claim, action or proceeding if the county elects to bear its own attorney fees and costs and defends the action in good faith.

(Ord. No. 4643, 1993.)

Sec. 26-92-040. - Hearings—Appeals of administrative decisions—Questions on permitted uses.

(a)

Except as provided in Section 1-7.3 of this code, the zoning administrator or the planning commission, as appropriate, after notice provided in compliance with this chapter and state law, shall hear and decide on applications for use permits, applications for variances, and any other discretionary development permit under this chapter for which a public hearing is required by law.

(b)

Except as otherwise provided in this chapter, any interested person may appeal any discretionary order, requirement, permit, or determination made pursuant to this chapter by the director or any other administrative official of the county. For purposes of this subsection, the zoning administrator is not an administrative official of the county. Appeals pursuant to this subsection shall be to the planning commission. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal; provided, however, that the county may still revoke any erroneously issued permit or entitlement even after the expiration of the ten (10)-day appeal period. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee. Nothing in this section shall be construed to limit appeal rights under Public Resources Code section 21151, or to limit appeal rights under other applicable state law or this code.

(c)

In case of uncertainties by the department as to whether certain uses are permitted in certain districts, the department may refer such questions to the zoning administrator or planning commission, as appropriate, for decision.

(d)

Notwithstanding subsection (b), an appeal pursuant to Government Code Section 65943(c) shall be filed with the director, in writing, within ten (10) calendar days after the date of the application was determined to be incomplete. The appeal shall state each specific basis for the appeal and be accompanied by the required appeals fee. Appeals under this subsection shall be to the planning commission, which shall make its written determination no later than sixty (60) calendar days after the director receives a timely appeal. The planning commission's determination shall be final and not subject to further appeal.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5933, § II(k), 5-10-2011; Ord. No. 5537 § 2(d), 2004: Ord. No. 4909 § 3, 1995: Ord. No. 4643, 1993)

Sec. 26-92-050. - Same—Notice.

(a)

At least ten (10) days' notice of all hearings required by Sections 26-92-040 and 26-92-160 shall be given by the planning director through the United States mails with postage prepaid to all persons shown on the last equalized assessment roll as assessed of parcels of real property within three hundred feet (300′) of the parcel wherein the subject use is located or is to be located or by publication in a newspaper of general circulation and posting in at least three (3) places on or near the property which is the subject of the hearing.

(b)

At least ten (10) days notice of all hearings required by Section 26-96-020 shall be given by the planning director in accordance with all applicable laws.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993; Ord. Nos. 2684 and 2936, § VII)

Sec. 26-92-060. - Concurrent processing of related applications.

Where a development project requires multiple approvals from different decision making bodies authorized to act under this chapter and Chapter 25 or 26C of the Sonoma County Code, notwithstanding anything else contained in this chapter and Chapter 25 or 26C to the contrary, the following administrative rules shall be applied to achieve concurrent processing of related applications:

(a)

The Sonoma County planning commission shall, at the same meeting that it acts upon an application within its jurisdiction, act on a related application which would otherwise be decided by the zoning administrator, provided that all required public notice was given and the proposed action is stated on the meeting agenda.

(b)

All applications made pursuant to Chapter 25 of this code which are accompanied by an application for a rezoning, specific plan amendment, general plan amendment, development agreement or any other legislative action under this chapter, shall be heard by the planning commission together with any additional related actions governed by this chapter. The planning commission shall make its recommendations to the board of supervisors regarding the legislative actions and shall also provide recommendations to the board regarding all related applications heard by the commission and, after considering such recommendation, the board of supervisors shall be the decision-making body for all such related applications.

(c)

Where the board of supervisors takes original jurisdiction over an application made pursuant to Chapter 25 it may, at the same time, assume direct jurisdiction over a related approval required pursuant to this chapter, except in those cases where state law requires the planning commission to hear and make a recommendation on such related approval.

(d)

Applications for extensions or modifications of development projects originally approved pursuant to this section may be acted upon by any decision making body which would otherwise have jurisdiction over the type of extension or modification which is sought.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993; Ord. No. 3753)

Sec. 26-92-065. - Joint meetings.

For any project subject to a hearing limit under Government Code Section 65905.5, the director is authorized to schedule joint meetings of the design review committee or the county landmarks commission, with the zoning administrator or the planning commission as applicable, when the director determines that doing so is feasible and best serves the public interest. ach entity shall provide notice of any joint meeting, and all applicable notice and hearing requirements shall be met. An action of the director to facilitate a joint meeting, consistent with this section, is not subject to appeal under Section 26-92-040. For purposes of this section, "hearing" is defined as provided in Government Code § 65905.5.

(Ord. No. 6516, § III(Exh. A), 5-6-2025)

Sec. 26-92-070. - Use permits—Issuance generally.

Use permits may be issued by the zoning administrator or planning commission for any of the uses for which such permits are required by this chapter, except that only the planning commission has jurisdiction in the PC district.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-92-080. - Same—Findings—Conditions.

(a)

In order to grant any use permit, the written findings of the zoning administrator or planning commission as decision maker shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or to the general welfare of the area, and any additional findings as may be required by this code for the particular use.

The decision maker may designate such conditions in accordance with the use permit, as it deems necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with.

(b)

Subject to the right of appeal as provided in this chapter, the decision of the decision maker shall be final ten (10) days after the decision maker renders its decision.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5537 § 2(e), 2004: Ord. No. 4643, 1993)

Sec. 26-92-090. - Mobile home park conversion, closure or cessation of use.

In order to grant a use permit to allow the conversion of a mobile home park to an alternate land use, or the closure or cessation of use of the land as a rental mobile home park, the following findings shall be made by the zoning administrator or the planning commission:

(a)

Finding required by Section 26-92-050(a);

(b)

The conversion of the rental mobile home park to an alternate land use is consistent with the county's general plan, and either:

(1)

Adequate replacement rental housing in other mobile home parks is available for displaced mobile home park tenants and any adverse impacts of the conversion, closure or cessation of use on the ability of displaced mobile home park tenants to find adequate rental housing in a mobile home park have been mitigated, or

(2)

There exists land which is presently zoned and approved for development which will allow replacement housing for displaced mobile home park tenants;

(c)

A relocation plan has been submitted which mitigates the adverse impacts of the displacement of low-and moderate-income individuals or households for a reasonable transition period and mitigates the adverse impacts of long-term displacement.

(d)

An adequate impact report has been prepared and filed pursuant to Government Code, Sections 65863.7 and 66427.4 and Civil Code Section 798 et seq.

This section shall not apply to a resident-initiated conversion to resident ownership that is approved under Government Code Section 66428.1.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 6247, § II(Exh. J), 10-23-2018)

Sec. 26-92-100. - Variances generally.

(a)

Whenever, because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings which are unique to the subject property alone, where the strict application of this chapter is bound to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zone classification, a variance may be granted. Justification for such a variance shall be based solely on comparative information describing the disparities between the subject property and surrounding properties and the burden of demonstrating that the above requirements are met shall be the responsibility of the applicant.

(b)

The decision maker for a variance shall be the zoning administrator, or the planning commission upon referral by the zoning administrator. At the conclusion of the public hearing, the decision maker shall make written findings of fact showing whether or not the requirements of subsection (a) of this section apply to the variance sought. As a part of such findings, the decision maker shall set forth such conditions, if any, as are necessary to obtain compliance with the provision of such subsection. Following the aforesaid hearings, the decision maker shall make its determination on the matter within sixty (60) days after the hearing is closed. Failure of the decision maker to decide on the matter within sixty (60) days after the hearing is closed shall constitute a denial of the request.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-92-110. - When decision is final.

Subject to a right of appeal under this chapter, the decision of the zoning administrator or planning commission shall be final ten (10) days after the decision maker renders its decision.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5537 § 2(f), 2004: Ord. No. 4643, 1993)

Sec. 26-92-120. - Revocation generally.

(a)

Whenever, in the opinion of the director or of the zoning administrator a condition of any permit issued pursuant to this chapter has been violated, or a use constitutes a nuisance, the director shall cause a hearing to be held before the planning commission on the matter of the revocation or modification of such permit. The hearing shall be noticed in accordance with this chapter and shall require the owner to appear at the noticed time and place and show cause why such permit should not be revoked or modified.

(b)

If, after the hearing, the planning commission finds that there has been or will be a substantial failure to fulfill one (1) or more of the conditions of the permit or that exercise of the use constitutes a nuisance, the board may either revoke the permit or modify it in such a manner as to secure the goals of Section 26-92-080.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-92-130. - Expiration when tentative map expires.

(a)

A use permit that is approved in conjunction with approval of a tentative subdivision map shall expire if the tentative map, or any extension of the tentative map, expires.

(b)

A public hearing must be held before the zoning administrator or planning commission, as applicable, to determine that a permit or other approval is expired, revoked and void under this section.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5933, § II(l), 5-10-2011; Ord. No. 4643, 1993)

Sec. 26-92-135. - Application expiration due to inactivity.

An application under this chapter expires if it remains inactive for a continuous period of one (1) year or incomplete for a period of six (6) months from the date it was last determined to be incomplete. Inactive means the applicant has not submitted information requested by the department or that fees due on the application remain unpaid. An incomplete application includes one (1) that has unpaid invoices. The director must send notice that the application will expire to the address on file for the applicant. The applicant has thirty (30) days from the notice date to submit all requested information and past due fees to reactivate the application. The application automatically expires thirty (30) days after the notification if the requested information and past due fees are not submitted in full. The planning director may extend this thirty (30) day time period when warranted, including but not limited to (1) to correct an error by the department, (2) when a legal action prevents the project from being completed within the allowed year time frame, or (3) in the interest of public health and safety. The planning director's decision regarding the limitation period is final. An expired permit application may be resubmitted as a new application, subject to payment of new application fees and any outstanding balance on the expired permit application.

(Ord. No. 6516, § III(Exh. A), 5-6-2025)

Sec. 26-92-140. - Revocation—Notice.

Notice of hearings held under Sections 26-92-120 and 26-92-130 must comply with the following:

(a)

At least ten (10) days' written notice must be given by the director through the United States mails to the owners of the property that is the subject of the permit; and

(b)

Notice must be given in accordance with Section 26-92-050(a).

(c)

The director may give such additional notice as he deems necessary to secure a fair hearing.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-92-150. - Permit conditions as violations of this chapter.

It is unlawful, prohibited and a violation of this chapter to violate any term or condition of any permit or approval granted or issued pursuant to this chapter. Any person whether as principal, agent, employee or otherwise, violating any such term or condition shall be subject to the sanctions provided in Section 26-92-260.

(Ord. No. 4643, 1993.)

Sec. 26-92-155. - Original jurisdiction.

This section provides the procedures for the board of supervisors, upon its own initiative, to exercise original jurisdiction over applications filed pursuant to this chapter.

(a)

Request to Exercise Original Jurisdiction. Any member of the board of supervisors may request the board to exercise original jurisdiction over any application filed pursuant to this chapter, except in cases where state law requires a recommendation of the planning commission prior to action by the board on the matter.

(b)

Timing and Form of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to any decision by a lower level decision maker approving or denying the subject application. A request to exercise original jurisdiction need not state the reasons for the request.

(c)

Effect of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall stay any proceedings of lower level decision makers until the board of supervisors takes action in compliance with subsection (d) of this section.

(d)

Consideration of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request to exercise original jurisdiction, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request to exercise original jurisdiction, the appropriate lower level decision maker shall resume jurisdiction over the matter and take action in compliance with applicable law.

(e)

Hearing and Decision. Any matter that is the subject of original jurisdiction shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The board may approve, conditionally approve, or deny the subject application.

(f)

Participation by Initiator of Request to Exercise Original Jurisdiction. Any member of the board of supervisors who initiates a request to exercise original jurisdiction shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 2(g), 2004)

Sec. 26-92-160. - Appeals to the board of supervisors.

(a)

Except as otherwise provided in this chapter, any interested person may appeal any decision made by the zoning administrator or the planning commission pursuant to this chapter to the board of supervisors. An appeal shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal. The appeal shall specifically state the basis for the appeal and shall be accompanied by the required filing fee. The board of supervisors shall set a date for public hearing and cause notice to be given as provided in this chapter. The board of supervisors shall render its decision within ninety (90) days after the public hearing is first opened. In the event that the board of supervisors fails to act within the ninety (90)-day period, the decision of the zoning administrator or planning commission shall be deemed to be upheld. The ninety (90)-day time limit established by this subsection may be extended, with the consent of the board of supervisors, by any individual or entity having a fee or leasehold interest in the property subject to the appeal.

(b)

The filing of an appeal pursuant to this section shall operate as a stay on issuance, modification, or revocation, as the case may be, of any permit with respect to which the appeal is taken. The action shall be stayed until the body hearing the appeal has entered its decision.

(c)

Any appeal filed pursuant to this section may be withdrawn where the appellant requests such withdrawal and the body hearing the appeal consents.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 5537 § 2(h), 2004: Ord. No. 4643, 1993)

Sec. 26-92-161. - Direct review.

This section provides the procedures for the board of supervisors, upon its own initiative, to review the decisions of lower level decision makers on applications filed pursuant to this chapter.

(a)

Request for Direct Review. Any member of the board of supervisors may request the board to review a decision of a lower level decision maker approving or denying any application filed pursuant to this chapter.

(b)

Timing and Form of Request for Direct Review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to the expiration of the appeal period for the decision of the lower level decision maker on the subject application. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the lower level decision maker.

(c)

Effect of Request for Direct Review. A request for direct review shall stay the decision of the lower level decision maker until the board of supervisors takes action in compliance with subsection (d) of this section and, if applicable, until the board of supervisors takes action in compliance with subsection (e) of this section. The stay shall not extend the time for filing an appeal of the decision of the lower level decision maker.

(d)

Consideration of Request for Direct Review. A request for direct review shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request for direct review, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request for direct review, the decision of the lower level decision maker shall stand unless an appeal of the decision was timely filed.

(e)

Hearing and Decision. Any matter that is the subject of direct review shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The hearing shall be de novo. The board may affirm, wholly or partly, modify, or reverse the decision of the lower level decision maker on the subject application.

(f)

Participation by Initiator of Request for Direct Review. Any member of the board of supervisors who initiates a request for direct review shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 2(i), 2004.)

Sec. 26-92-162. - Simultaneous appeal and direct review.

When a decision by a lower level decision maker is both appealed and jurisdiction is taken by the board of supervisors through direct review, both the appeal and the direct review shall be heard and considered concurrently.

(Ord. No. 5537 § 2(j), 2004.)

Sec. 26-92-170. - Application for zoning permits, use permits, variances and appeals.

Applications for zoning permits, use permits, variances and appeals for use permits and variances shall be in writing on forms prescribed by the director and shall be accompanied by such plans and data as are necessary to determine compliance with this chapter. If a use permit application, variance permit application, or mobile home zoning permit application is denied by the zoning administrator, planning commission or board of supervisors, reapplication for the same use cannot be made within one (1) year of the denial unless the application is denied "without prejudice."

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-92-180. - Fees for zoning permits, use permits, variances, appeals and design review.

(a)

Every person making an application for zoning permits, variances, design review, rezoning, appeals, general plan amendments and specific plan amendments, or other related procedures, shall pay a processing fee prescribed by resolution of the board of supervisors.

(b)

Permit fees may be waived or refunded by the Sonoma County board of supervisors, zoning administrator or planning commission upon a showing of good cause. No application fee will be required from the county of Sonoma or any other public agency whose directors are the Sonoma County board of supervisors acting as directors of the public agency.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993; Ord. No. 2269, § 1)

Sec. 26-92-190. - Enforcement of chapter.

(a)

The planning director and the director's authorized agents and/or employees are hereby authorized to issue citations to persons for violations of this chapter.

(b)

The planning director and the director's authorized agents or employees are authorized to issue stop orders to prohibit further construction or use of structures or property which are violations of this chapter. Such stop orders shall remain in effect until violations are eliminated.

(Ord. No. 4643, 1993.)

Sec. 26-92-200. - Compliance with chapter generally.

(a)

Except as otherwise provided in this chapter, no building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose or in any manner other than one that is included among the uses listed in this chapter as permitted in the district in which such building, land or premises is located.

(b)

No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated in this chapter for the districts in which such building is located.

(c)

No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open area be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations designated in this chapter for the district in which such building or open space is located.

(Ord. No. 4643, 1993.)

Sec. 26-92-210. - Permits and licenses to conform to chapter.

(a)

All departments, officials and public employees of the county which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter. Such permit or license, if issued in conflict with the provisions of this chapter, shall be null and void.

(b)

The county may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this chapter, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of this chapter.

(Ord. No. 4643, 1993.)

Sec. 26-92-220. - Structure or use contrary to chapter prohibited—Declared public nuisance—Abatement generally.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter shall be, and the same is declared to be unlawful and public nuisance, and the district attorney of the county shall, on order of the board of supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure or using any property contrary to the provisions of this chapter.

(Ord. No. 4643, 1993.)

Sec. 26-92-230. - Same—Abatement of outdoor advertising structures and signs.

(a)

If any outdoor advertising structure, sign or appurtenant sign is erected, constructed or maintained in any district contrary to the provisions of this chapter, the zoning administrator shall set a time and place for hearing and serve upon the owner of the structure, and the owner of the real property upon which it is situated, an order to show cause why the zoning administrator should not cause the structure to be summarily abated and removed from the real property. For purpose of this chapter, such owner of record shall be deemed to be the owner as shown by the last equalized assessment roll of the county, and the address of such owner of record shall be deemed to be that as disclosed by the assessment roll. Such order to shown cause shall be served upon the owner of record of the real property and upon the owner of the structure by registered or certified mail at least thirty (30) days before the date of the hearing. If the address of the owner of such structure is unknown, the order to show cause shall be deemed to be the owner as shown by the last equalized assessment roll of the county, and the address of such owner of record shall be deemed to be that as disclosed by the assessment roll. Such order to show cause shall be served upon the owner of record of the real property and upon the owner of such structure is unknown, the order to show cause shall be mailed to him in care of the real property. A copy of the order to show cause shall also be posted on the real property on or near the outdoor advertising structure, sign or appurtenant sign.

(b)

If, after hearing, the zoning administrator determines that the outdoor advertising structures, signs or appurtenant sign should be summarily abated, it may order the road commissioner to remove the same and store it in the nearest county corporation yard. Thereafter, the owner of the structure may claim the same upon payment of the expenses of the road commissioner in connection with such removal. If such outdoor advertising structure; sign or appurtenant sign is not reclaimed within a period of six (6) months, the road commissioner may make such disposition thereof as he deems proper.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-92-240. - Repealed by Ord. No. 4909. Sec. 26-92-250. - Remedies to be cumulative.

The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. No. 4643, 1993.)

Sec. 26-92-260. - Penalty for violation of chapter—Continuing violations.

Any person, firm or corporation or agency, or employee of any person, firm or corporation or agency who violates or knowingly permits violation of any regulatory provision of this chapter shall be guilty of a public offense. The first and each subsequent conviction shall be a misdemeanor punished by a fine of not more than one thousand dollars ($1000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Each person, firm or corporation or agency or employee thereof shall be guilty of a separate offense for each day, or any portion thereof, during which any violation of this chapter is committed or permitted and shall be punished accordingly.

(Ord. No. 4643, 1993.)

Sec. 26-92-270. - Tolling of development timelines.

The period of time during which any zoning permit, use permit, variance, precise development plan, design review approval or other entitlement issued pursuant to this chapter would normally be effective may be tolled pursuant to the provisions of this section. Requests for a stay may be made where a lawsuit is brought in a court of competent jurisdiction involving the approval or conditional approval of any of the foregoing permits or entitlements. The following shall apply to requests for a stay:

(a)

A stay may not be granted until the county is served with the initial petition or complaint. If the county is not a party to the litigation, the county must be served with a courtesy copy of the initial pleading.

(b)

Stays will only be granted where the litigation is brought by opponents of the development to attack or overturn the development approval or its accompanying environmental document.

(c)

Stays may only be requested in connection with development approvals or any authorized extensions thereof, which are in effect as of or after March 1, 1991.

(d)

A request for a stay must be made prior to the expiration of the development approval or any authorized extension thereof. Requests may be made on or after March 1, 1991.

(e)

A request for a stay of one (1) year or less will be automatically approved by the planning director, unless the litigation is collusive.

(f)

A request for a stay of more than one (1) year and up to three (3) years is discretionary and will be acted upon by the body which issued the original permit or entitlement and shall be subject to appeal in the same fashion as would the original permit or entitlement.

(g)

Stays shall not exceed either three (3) years or the period during which the litigation is pending, whichever is less.

(h)

Requests for stays shall be acted upon within (40) days.

(i)

If granted, the effective life of the permit or entitlement shall be extended for the period of the stay.

(Ord. No. 4643, 1993.)

Article 93. - Requests for Reasonable Accommodations Under the Fair Housing Acts.

Sec. 26-93-010. - Purpose.

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. No. 5429 § 8, 2003.)

Sec. 26-93-020. - Applicability.

A request for reasonable accommodation may be made by any person with a disability, or by an entity acting on behalf of a person or persons with disabilities to provide or secure equal access to housing, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by Section 26-93-030.

(Ord. No. 5429 § 8, 2003.)

Sec. 26-93-030. - Application requirements.

(a)

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning department, or in the form of a letter to the deputy director of planning, and shall contain the following information:

(1)

The applicant's name, address and telephone number;

(2)

The street address and assessor's parcel number of the property for which the request is being made;

(3)

The current actual use of the property;

(4)

The basis for the claim that the individual (or group of individuals, if application is made by an entity acting on behalf of a person or persons with disabilities) is considered disabled under the Acts;

(5)

The zoning law, provision, regulation or policy from which reasonable accommodation is being requested;

(6)

Why the requested accommodation is necessary to make the specific property accessible to the individual or group of individuals.

(b)

Concurrent Review. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval, then the applicant may file the request concurrently with the application for discretionary approval.

(Ord. No. 5429 § 8, 2003.)

Sec. 26-93-040. - Review authority and procedure.

(a)

Director. Requests for reasonable accommodation shall be reviewed by the planning director, or his/her designee, if no approval is sought other than the reasonable accommodation request. The director or his/her designee shall make a written determination within forty-five (45) days and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with Section 26-93-050.

(b)

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The applicable review authority shall make a written determination and either grant, grant with modifications or deny a request for reasonable accommodation in accordance with Section 26-93-050.

(Ord. No. 5429 § 8, 2003.)

26-93-050. - Findings and decision.

(a)

Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following:

(1)

Whether the housing which is the subject of the request will be used by an individual or a group of individuals considered disabled under the Acts, and that the accommodation requested is necessary to make specific housing available to the individual or group of individuals with (a) disability(ies) under the Acts;

(2)

Whether there are alternative reasonable accommodations available that would provide an equivalent level of benefit, or if alternative accommodations would be suitable based on the circumstances of this particular case;

(3)

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the county;

(4)

Whether the requested reasonable accommodation would be consistent with the general plan land use designation of the property which is the subject of the reasonable accommodation request, and with the general purpose and intent in the applicable zoning district;

(5)

Whether the requested reasonable accommodation substantially affects the physical attributes of the property.

(b)

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in Subsection (a) of this section.

(Ord. No. 5429 § 8, 2003.)

Sec. 26-93-060. - Appeal of determination.

A determination by the reviewing authority to grant, grant with modifications, or deny a request for reasonable accommodation may be appealed pursuant to Section 26-92-040 of this code.

(Ord. No. 5429 § 8, 2003.)

Article 94. - Nonconforming Uses.

Sec. 26-94-010. - Continuance.

The lawful use of land existing on the effective date of the ordinance codified in this chapter although such use does not conform to the regulations specified by this chapter for the district in which such land is located, may be continued but shall not be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of said ordinance, and that if any use ceases, the subsequent use of such land shall be in conformance with the regulations specified by this chapter for the district in which such land is located provided that:

(a)

A legal nonconforming use may be replaced by a use of the same or less intensity upon obtaining a use permit or a use permit waiver;

(b)

Pursuant to policy LU-1f of the general plan, a legal nonconforming use may be expanded one time not to exceed ten percent (10%) of the total existing floor area for any structures subject to lot coverage and setback requirements and to all other applicable requirements of the this code, and provided that such structures are not located within a designated redevelopment project area;

(c)

A legal nonconforming use consisting of a mobile home may be replaced with a newer and larger mobile home in the same location, subject to Article 82.

(Ord. No. 4643, 1993.)

Sec. 26-94-020. - Reconstruction.

If at any time any commercial or industrial use in existence on the effective date of the ordinance codified in this chapter, which does not conform to the regulations for the district in which it is located, is damaged or destroyed by fire, explosion, Act of God, tortious conduct of a third party, or act of the public enemy, to the extent of more than fifty percent (50%) of the replacement value of the structure, the land shall be subject to all the regulations specified by this chapter or the district in which such land is located. Any legal nonconforming agricultural or residential structure so damaged may be rebuilt on the original foundation footprint. Additional floor area may be added to the structure in accordance with Section 26-94-010(b). "Replacement value," as used in this section, is equal to the cost of the labor and materials which would be necessary to construct the structure.

(Ord. No. 4643, 1993.)

Sec. 26-94-030. - Termination of use.

If the actual operation of a legal nonconforming use ceases for a continuous period of one (1) year, unless the legal owner can establish valid proof to the contrary, such cessation of the legal nonconforming use shall be considered termination; then without further action by the planning commission the use of the land shall be subject to all the regulations specified by this chapter for the district in which such land is located.

(Ord. No. 4643, 1993.)

Sec. 26-94-040. - Repairs and maintenance.

(a)

Remodeling, ordinary maintenance and repairs may be made to any legal nonconforming industrial or commercial structures to the extent of twenty percent (20%) of the appraised value of the structure during any calendar year period; provided, that foundation work shall be exempt from the twenty percent (20%) calculation. Remodeling, ordinary maintenance and repairs to any legal nonconforming agricultural or residential structure shall not be limited except as otherwise required by this article or by other provisions of law.

(b)

Nonconforming historic structures shall be exempt from the twenty percent (20%) calculation provided that they are either: (1) included in an historic combining district; or (2) are listed as an historic resource in a specific plan or coastal plan; and (3) have been certified to be an historic resource by the Sonoma County

historic landmarks commission, or state of California or in the Federal Register of Historic Places; and (4) repair or reconstruction is an authentic replica of the original structure.

(Ord. No. 4643, 1993.)

Sec. 26-94-050. - Waiver of covered parking.

The director of planning may waive the requirement for covered parking when a nonconforming structure is proposed for rehabilitation if topography, lot size or existing building location renders the requirement of covered parking unreasonable.

(Ord. No. 4643, 1993.)

Sec. 26-94-060. - Construction beginning prior to effective date of ordinance.

Nothing contained in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date of the ordinance codified in this chapter. "Actual construction" is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; provided, that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.

(Ord. No. 4643, 1993.)

Sec. 26-94-070. - Nonconforming uses created by change in districts.

The foregoing provisions of this article shall also apply to nonconforming uses in districts hereafter changed.

(Ord. No. 4643, 1993.)

Sec. 26-94-080. - Outdoor advertising structures and signs.

All outdoor advertising structures, outdoor advertising signs, appurtenant signs and directional signs existing on or prior to December 5, 1957, or the effective date of a change in land use classification, whichever is later, which do not conform to the provisions of this chapter relating to the district in which such outdoor advertising structures, outdoor advertising signs, appurtenant signs and directional signs are located shall be considered nonconforming uses. Subject to the limitations set forth in the State Outdoor Advertising Act, such nonconforming uses shall be removed without compensation within thirty (30) days after the expiration of the amortization period set forth in Business and Professions Code Sections 5412.1 and 5412.2. The amortization period for signs which may be amortized pursuant to Sections 5412.1 and 5412.3 shall commence after the adoption of the ordinance codified in this chapter and the giving of notice to the affected property owner. Wherever, by reason of the spacing limitations of this chapter, a greater number of outdoor advertising structures, outdoor advertising signs, appurtenant signs or directional signs exist in the R, LIA, LEA and DA districts than this chapter permits, the zoning administrator shall determine the date of establishment of each such outdoor advertising structure, outdoor advertising sign, appurtenant sign or directional sign and determine which such signs are nonconforming and subject to amortization pursuant to Business and Professions Code Sections 5412.1 and 5412.3. Outdoor advertising signs and structures that were defined as general service boards and granted a use permit prior to the adoption of this ordinance shall become a nonconforming use, if they do not meet the provisos of this chapter.

(Ord. No. 6516, § III(Exh. A), 5-6-2025; Ord. No. 4643, 1993)

Sec. 26-94-090. - Fuel station, retail uses.

(a)

Purpose. This section regulates Fossil Fuel Stations to support County goals and policies to reduce greenhouse gas emissions and support protection of the natural environment in Sonoma County. These regulations are intended to function by:

(1)

Providing for the continued operation of fueling station/gasoline station uses as legal nonconforming uses and describing when they may be deemed abandoned.

(2)

Allowing alterations to fueling station/gasoline stations when such changes provide greater protection of the environment, safeguard public health and safety, or facilitate the use of zero emission vehicles.

(3)

Prohibiting fueling station/gasoline station operations from increasing the storage and dispensing capacity of gasoline and any other fossil fuel.

(b)

Applicability. This section applies to:

(1)

All lawfully developed and operating Fuel Stations, Retail uses in existence prior to effective date of this ordinance as defined in Section 26-26-080.

(2)

All Fuel Station, Retail uses not yet developed and/or operating but subject to an approved and unexpired land use permit issued prior to the effective date of this section.

(c)

Modifications to Improve Soil, Ground Water and Storm Water Quality or other environmental reasons. Fueling station/gas station uses may be modified to conform to current storm water quality control regulations or remediate contamination of the soil or ground water. Nothing in this section shall be construed to allow for the expansion of the fuel station use.

(d)

Modifications to Improve Traffic Safety. As determined by the Engineering Department of Permit Sonoma, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a fueling station/gas station use may be modified to improve public safety.

(e)

Modifications to Enable Zero Emission Vehicles (Battery Charging Station). Fueling station/gas station uses may be modified to accommodate battery charging station(s) for zero emission vehicles. No zoning permit shall be required for battery charging stations.

(f)

Modifications for Commercial Uses Other Than Fossil Fuel Sales. Fueling station/gas station uses may be altered to accommodate commercial uses that are not related to fossil fuel sales if allowed in the applicable zoning district.

(g)

Discontinuation of a Fueling Station/Gas Station Use or Structure. A fueling station/gas station use shall not be re-established if such use has been discontinued for a continuous period of one (1) year or more, or has been changed to, or replaced by, a conforming use. If the use has discontinued for reasons of construction under a valid building permit, the Director may extend the one-year period based upon evidence of diligence by the permittee relative to the building permit.

(h)

Continued Applicability of Other Requirements to Fueling Station/Gas Station Uses and Structures. Sections 26-94-20, 26-94-40, 26-94-50 and 96-94-70 also apply to the uses regulated by this section.

(Ord. No. 6405, § VII(Exh. D), 3-14-2023)

Article 96. - Amendments.

Sec. 26-96-010. - Procedure generally—Methods of initiating.

This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this article. An amendment may be initiated by:

(a)

The petition of one (1) or more owners of property affected by the proposed amendment which petition shall be filed with the planning commission;

(b)

Resolution of intention by the board of supervisors;

(c)

Resolution of intention by the planning commission.

(Ord. No. 4643, 1993.)

Sec. 26-96-020. - Public hearing—Zoning and interim zoning.

The planning commission shall hold at least one (1) public hearing after notice as provided in this chapter, prior to taking any action on any proposal to amend this chapter; provided, that if the planning commission, or the department of planning, in good faith is conducting or intends to conduct studies within a reasonable time for the purpose of, or holding a hearing for the purpose of, or has held a hearing and has recommended to the board of supervisors of the county the adoption of any zoning ordinance or amendment or addition thereto, the board of supervisors, to protect the public health, safety and welfare, may adopt as an urgency measure a temporary zoning ordinance, in accordance with Title 7, Chapter 4 of the Government Code of the state, placing the area which is the subject of such studies or hearing in an S district (study district).

(Ord. No. 4643, 1993.)

Sec. 26-96-030. - Action by planning commission.

Following a public hearing, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall file with the board of supervisors an attested copy of such report within ninety (90) days after the notice of the first of the hearings; provided, that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the planning commission to report within ninety (90) days without the aforesaid agreement, shall be deemed to be approval of the proposed amendment by the planning commission.

(Ord. No. 4643, 1993.)

Sec. 26-96-040. - Action by board of supervisors—Abandonment or withdrawal of amendatory proceedings.

Upon receipt of a report from the planning commission or upon the expiration of the ninety (90) days as aforesaid, the board of supervisors shall set the matter for hearing and shall give notice thereof by one (1) publication within the county at least ten (10) days prior to such hearing. After conclusion of the hearing, the board of supervisors may adopt the proposed amendment or any part thereof in such form as the board may deem advisable. The decision of the board of supervisors, whenever practicable, shall be rendered within ninety (90) days after the receipt of a report and recommendation from the planning commission, except that after a four-fifths ( ⅘ ) vote, the board of supervisors may render its decision after ninety (90) days but within a reasonable time. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The board of supervisors or the planning commission, as the case may be, may by resolution abandon any proceeding for an amendment initiated by its own resolution of intention; provided, that such abandonment may be made only when such proceedings are before such body for considerable; and provided that any hearing of which public notice has been given shall be held.

(Ord. No. 4643, 1993.)

Article 98. - Development Fees.

Sec. 26-98-005. - Purpose.

Purpose: the purpose of this article is to provide for certain general procedures for payment of development fees and to provide a place in the Sonoma County zoning ordinance for the codification of development fee ordinances which accompany specific plans adopted by the board of supervisors. Such codifications are intended to assist both staff and developers in locating development fee ordinances which apply to parcels located within certain specific plan areas in the county.

(Ord. No. 5897, § I, 7-13-2010; Ord. No. 4643, 1993.)

Sec. 26-98-010. - Sonoma Valley development fee.

In order to implement the goals and objectives of the general plan, including the circulation and transit element of that general plan, and to mitigate the traffic impacts caused by new development in the Sonoma Valley development fee impact area, and to implement the results of the Sonoma Valley traffic study, certain public roadway improvements must be constructed to insure a safe and efficient level of service. The board of supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction cost of these improvements. In establishing the fee described in the following sections, the board of supervisors has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing needs as established in the housing element of the general plan.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-020. - Sonoma Valley development fee impact area.

(a)

The Sonoma Valley development fee impact area is shown on the map attached to Ordinance No. 4815 as Exhibit A, and is on file with the permit and resource management department, and is incorporated herein.

(b)

There is created in the office of the county auditor-controller and the county treasurer a special interest-bearing separate capital facilities account or fund complying with the requirements of Government Code § 66006(a) entitled "Sonoma Valley Roadway Improvement Fund." Said fund shall consist of a roadway account. All amounts collected from roadway development fees in the Sonoma Valley development fee impact area shall be deposited in that account. These fees shall be expended in accordance with the provisions of the general plan and Sonoma County Code Section 26-98-010 et seq. to pay the costs of the roadway facilities and improvements described in Table 1 , dated November 2009, as amended (attached to the ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof). These funds may also be used to reimburse the developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length, or capacity.

s and improvements described in Table 1 , dated November 2009, as amended (attached to the ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof). These funds may also be used to reimburse the developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length, or capacity.

(Ord. No. 5877, § I, 2-2-2010; Ord. No. 5514, § 1, 2004; Ord. No. 5419, § 1, 2003; Ord. No. 5345, § 1, 2002; Ord. No. 5214, § 1, 2000; Ord. No. 5012, § 1, 1997; Ord. No. 4980, § 3, 1996; Ord. No. 4961, § 1, 1996; Ord. No. 4815, § 1, 1994; Ord. No. 4643, 1993.)

Sec. 26-98-030. - Findings and determinations of the board of supervisors.

(a)

The purpose of the fees adopted by Section 26-98-010 et seq. is to pay the costs of roadway facilities and improvements in accordance with the provisions of the general plan, including the circulation and transit element, and to implement the county's general plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services the need for which is generated by the type and level of development proposed in the Sonoma Valley development fee impact area.

(b)

The use to which the fees are to be put is to pay the costs of the roadway facilities and improvements identified in Table 1 , dated November 2009, as amended (attached to the ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof).

(c)

There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the general plan, the Sonoma Valley traffic study and the January 1991, February 1992 and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(d)

There is a reasonable relationship between the need for the roadway facilities and improvements identified in Table 1 , dated November 2009, as amended, and the development projects on which the fee is imposed, for the reasons set forth in the Sonoma County general plan, the Sonoma Valley traffic study and the January 1991, February 1992, and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(e)

The cost estimates in Table 1 , dated November 2009, as amended, are based upon actual current costs of construction as determined by the county director of transportation and public works through an analysis of current contracted public projects.

(f)

Without the adoption of Section 26-98-010 et seq., and the construction of infrastructure improvements as called for in Table 1 , dated November 2009, as amended, there will be decreased levels of service on certain highways, increased congestion, decreased highway safety, increased accidents, inadequate structural sections, road services deteriorating to the point where they cannot be safely maintained, lack of shoulders meeting basic safety standard, substandard traffic intersections, and an increase in flooding potential."

(Ord. No. 5877, § II, 2-2-2010; Ord. No. 5514, § 2, 2004; Ord. 5419, § 2, 2003; Ord. No. 5345, § 2, 2002; Ord. No. 5214, § 1, 2000; Ord. No. 5012, § 2, 1997; Ord. No. 4980, § 4, 1996; Ord. No. 4961, § 2, 1996; Ord. No. 4815, § 1, 1994; Ord. No. 4643, 1993.)

Sec. 26-98-040. - Amount of roadway improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among residential, commercial, industrial and institutional use.

(b)

The development fee amount is based upon the report of the transportation and public works director dated January 1991 (including the studies and documents and attachments to that report) and February 1992, and the subsequent reports, and the general plan and the Sonoma Valley traffic study.

The development fee shall be:

Four hundred seven dollars ($407.00) per trip for residential uses; and

One hundred twenty-four dollars ($124.00) per trip for commercial uses; and

One hundred fourteen dollars ($114.00) per trip for industrial/institutional uses.

(c)

The total fee payable for residential, commercial and industrial/institutional uses shall be computed by multiplying the number of estimated new average daily trips generated by the proposed project times the fee per trip.

(d)

Calculation of new average daily trips:

(1)

The mostly recently issued trip generation manual published by the Institute of Transportation Engineers shall be used to determine the average daily trips for each proposed use.

(2)

If a project alters or replaces an existing legal project on the same parcel, the number of average daily trips generated by the existing legal project will be deducted to determine the net increase in average daily trips. The fee assessment will be based on the net increase in average daily trips for a particular site.

Example: For a general retail use of four thousand (4,000) square feet, replacing existing uses generating twenty (20) average daily trips, the fee would be:

48 trips/MSF × 4 MSF = +192 gross trips (MSF = Thousand Square Feet)
20 existing trips = - 20
31 passby trips = - 31
_____
Net New Trips = 141 new trips
141 New Trips × $124/Trip = $17,484

(e)

Individual nonresidential uses permitted by land use plan other than in commercial, industrial and institutional land use categories shall have roadway improvement fees assigned based upon recommendations from the county department of transportation and public works.

(Ord. No. 4980 § 2,1996: Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-050. - Alternative method and compliance with other laws.

(a)

Sections 26-98-010 through 26-98-100, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Sonoma Valley development fee impact area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings, or other entitlements within the Sonoma Valley development fee impact area pursuant to state and local laws.

(b)

The development fees established for this area are necessary for the mitigation of significant impacts which will be created by future development in the Sonoma Valley development fee impact area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with cumulative environmental impacts generated by such project.

(c)

Rezonings in the Sonoma Valley development fee impact area are subject to the condition subsequent that the fees imposed by Sections 26-98-010 through 2698-100, inclusive, will be paid. Failure to pay such fees shall result in a violation and entitle county to pursue such remedies as may be available to it by law.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-060. - Projects exempt from fee requirements.

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-070. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-010 through 26-98-100, inclusive, shall be adjusted by the department of transportation and public works by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-080(a)(3), the fee in effect at the time of the department's discretionary approval of the permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if required or appropriate, more often than once every three (3) years.

(c)

The department of transportation and public works and the department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust fund established to fund the development of public infrastructure in the Sonoma Valley development fee impact area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-080. - Timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-010 through 26-98-100, inclusive, shall be paid when any of the following county approval or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to this chapter;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions; and

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of the building permit.

(2)

The fee for those permits and approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the county of Sonoma those development fees required by Sections 26-98-010 through 26-98-100, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as a notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to subsection (a)(3) of this section shall be paid to the county within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Section 26-98-010 through 26-98-100, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Sonoma Valley development fee impact area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-010 through 26-98-100, inclusive.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-090. - Developer construction of oversized facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct roadway facilities determined by the county to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the roadway facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amounts shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-100. - Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-010 through 26-98-100, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

The application shall be made in writing and filed with the director of the permit and resource management department not later than: twenty (20) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building

permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The director of the permit and resource management department in consultation with the director of the department of transportation and public works shall consider the application and render a decision. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-010 through 26-98-100, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

(1)

Situations where the board of supervisors determines that the project development is a project eligible for direct county funding consideration and, in lieu of such funding, the board elects to waive or reduce the fee in an amount determined appropriate by the board in its sole discretion.

Any such application shall be made in writing and filed with the clerk to the board of supervisors not later than: ten (10) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The board of supervisors shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the board of supervisors shall be final. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 5012 § 3, 1997: Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-200. - Windsor specific plan development fees—Purpose.

(a)

Purpose. The purpose of Sections 26-98-200 through 26-98-380, inclusive, is to establish development fees to provide for public services and facilities needed as a result of future growth within the area encompassed by the Windsor specific plan. Such area is set forth on that map which is attached to the ordinance codified in this chapter and on file in the planning department, and incorporated herein by reference as Exhibit A. These sections are intended as an implementation tool of the goals, policies and criteria identified in the Windsor specific plan. The Windsor specific plan, adopted pursuant to the county's general plan, requires that areas chosen for urban expansion shall be capable of being provided, within a reasonable period of time, with adequate facilities and services, including:

(1)

School facilities;

(2)

Fire protection services and facilities;

(3)

Civic facilities; and

(4)

Recreational facilities.

(b)

The Windsor specific plan further requires the preparation of a plan that identifies a mechanism for financing those facilities and services necessary to serve urban development within the Windsor specific plan area.

(c)

The purpose of Sections 26-98-200 through 26-98-380, inclusive, is to implement the county's general plan and the Windsor specific plan requirements and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services the need for which is directly or indirectly generated by the type and level of development proposed in the Windsor specific plan area.

(d)

It is the further purpose of Sections 26-98-200 through 26-98-380, inclusive, to require that adequate provision is made for developer financed facilities and services within the Windsor specific plan area as a condition subsequent to any rezonings adopted through such plan and prior to approval of certain development applications within the area.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-210. - Method of computation.

(a)

Residential fees for fire protection facilities and park acquisition, shall be computed by multiplying the number of dwelling units times the fee per dwelling unit.

(b)

Commercial, industrial and institutional fees for fire protection facilities shall be computed by multiplying the number of gross acres of the parcel as identified on the latest county assessor's role times the fee per acre.

(c)

The computations arrived at above are designed to implement plan policies set forth in Section 4.5 of the specific Windsor plan.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-220. - Establishment and administration of Windsor Park development fund.

(a)

There is created in the office of the county auditor-controller in the county treasury a special interest bearing trust fund entitled "Windsor Specific Plan Park Development Fund." All park acquisition, development and frontage fees collected pursuant to Section 26-98-200 et seq. shall be placed in said fund and shall be expended in accordance with the provision of the Windsor specific plan to pay the costs of park acquisition, development and frontage improvements associated therewith.

(b)

Amounts deposited in the fund set forth above may, upon incorporation of the Windsor area or upon assumption of county obligations by a special district, be transferred to the town of Windsor or such district for the purposes set forth herein.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-230. - Establishment and administration of Windsor fire protection improvement fund.

(a)

There is created in the office of the county auditor-controller in the county treasury two (2) special interest bearing trust funds entitled "Windsor Specific Plan Fire Protection Improvement Fund" (Rincon Valley Fire Protection District) and "Windsor Specific Plan Fire Protection Improvement Fund" (Windsor Fire Protection District). All fire protection development fees collected pursuant to Section 26-98-200 et seq. shall be placed in the respective funds and shall be expended in accordance with the provisions of the Windsor specific plan to pay the costs of fire protection facilities and services.

(b)

Amounts deposited in the funds set forth above may, upon incorporation of the Windsor area or upon assumption of county obligations by a special district, be transferred to the town of Windsor or such district for the purposes set forth herein.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-310. - Imposition of development fees and timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-200 through 26-98-380, inclusive, shall be paid when any of the following county approvals or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to Section 26-92-040 of this chapter;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions; and

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county or local district prior to department of permit and resource management's approval of the building permit or issuance of the building permit, whichever occurs first.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county or local district prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma or local district those development fees required by Sections 26-98-200 through 2698-380, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to subsection (a)(3) of this section shall be paid to the county or local district within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Sections 26-98-200 through 26-98-380, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Windsor specific plan area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-200 through 26-98-380, inclusive.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-320. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-200 through 26-98-380, inclusive, shall be adjusted by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-310(a)(3), the fee in effect at the time of the department of permit and resource management's discretionary approval of the permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if it deems it appropriate, more often than once every three (3) years.

(c)

The department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust funds established to fund the development of public infrastructure in the Windsor area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-330. - Amount of fee payment for school site acquisition.

For those areas within the Windsor specific plan which are covered by findings of overcrowding made pursuant to Sonoma County Code Chapter 25C:

(a)

No building permit for residential development within the Windsor specific plan area shall be issued unless and until such development complies with the requirements of Sonoma County Code Chapters 25C and 25D;

(b)

Moneys required to be paid to the applicable school districts pursuant to Chapters 25C or 25D shall be paid directly to the local school district.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-340. - Amount of fee for park development fund.

(a)

The development fee required for park development within the Windsor specific plan is apportioned among residential land uses only. The fee amount is based on Table 4.5C of the Windsor specific plan text and assigned at seven hundred eighteen dollars ($718.00) per dwelling unit. The total fee payable shall be the product of the fee per dwelling unit times the total number of dwelling units.

(b)

The fee established by subsection (a) above is based on the cost of site acquisition, site development and frontage improvements associated therewith.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-350. - Amount of fire protection improvement fee.

(a)

The development fee required for the acquisition, development and frontage improvements for fire protection facilities shall be apportioned among residential, commercial, industrial and institutional land uses. The fee amount is based on Table 4.5D of the Windsor specific plan text and summarized below by jurisdiction and land use type:

(1)

Windsor Fire Protection Area.

Residential: $164/dwelling unit

Commercial/Industrial/Institutional $1,200/acre

(2)

Rincon Valley Fire Protection District.

Residential $164/dwelling unit

Commercial/Industrial/Institutional $1,200/acre

(b)

The total fee payable shall be computed by multiplying the fee per residential dwelling unit or commercial/industrial/institutional/acre times the total number of residential dwelling units or commercial/industrial/institutional acres.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-370. - Alternative method and compliance with other laws.

(a)

Sections 26-98-200 through 26-98-380, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Windsor specific plan area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the board of supervisors is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the Windsor specific plan area pursuant to state and local laws. In particular, in the event that the park acquisition, development and frontage fee is challenged by a developer, such developer shall remain liable for the payment of a fee pursuant to the ordinance adopted by the Sonoma County board of supervisors implementing the Quimby Act (Government Code Section 66477 et seq.).

(b)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the Windsor area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(c)

Rezonings made through the Windsor specific plan are subject to a condition subsequent that the fees imposed by Section 26-98-200 through 26-98-380, inclusive, will be paid. Failure to pay such fees shall result in a violation of this condition subsequent and entitle the county to pursue such remedies as may be available to it by law.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-380. - Projects exempt from fee requirements.

(a)

Projects which donate land for park, school and fire facilities may be exempt from a portion of the fees established by this chapter. The extent of the exemption is set forth in Section 4.5 of the Windsor specific plan.

(b)

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agencies' responsibilities.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993; Ord. No. 3681.)

Sec. 26-98-400. - Airport industrial area development fees.

(a)

The purpose of Sections 26-98-400 through 26-98-450, inclusive, is to establish development fees to provide for certain improvements needed as a result of growth within the area described as the Sonoma County airport industrial area. Such area is set forth on that map which is attached to the ordinance codified in this chapter and on file in the planning department. Such improvements, as required by the Sonoma County airport industrial specific plan consist of the following:

(1)

Fire protection improvements, including a ladder truck/pumper combination and a squad.

(b)

The purpose of Sections 26-98-400 through 26-98-450, inclusive, is to require that adequate provision is made for developer financed improvements within the Sonoma County airport industrial area as a condition precedent to the issuance of any building permits and prior to approval of certain development applications within the area.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-410. - Method of computation and amount of fee.

(a)

The impact fee per acre will be based on the local landowners cost responsibilities pursuant to the provisions of the Sonoma County airport industrial area specific plan, Section VIII, entitled financing and implementation (see Section 26-98-450(a)). The development fees are as follows:

(1)

Fire Protection Improvements. For all parcels located within the Sonoma County airport industrial area as depicted on Exhibit A, the fee is five hundred sixty-two dollars ($562.00) per acre.

The foregoing amounts are subject to modification pursuant to the provisions of Section 26-98-440.

In the event of an expansion of an existing use which requires discretionary county approval, the fee shall be applied based on a ratio of the expansion to the total resulting developed area unless the expansion is fifty percent (50%) or greater in which case the entire fee shall be applied.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-420. - Administration of the Sonoma County airport industrial area improvement fund.

(a)

The development fees established pursuant to Section 26-98-400(a)(1) for fire protection improvements shall be paid directly to the Rincon Valley Fire District. All amounts collected for development fees for improvements provided for in Section 26-98-400(a)(1) shall be expended to fund the improvements provided for in the section.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-430. - Imposition of development fees and timing of fee payments.

(a)

The fees imposed by Sections 26-98-400 through 26-98-450, inclusive, shall be required when any of the following county approvals or permits are required:

(1)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions.

(i)

At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-400 through 26-98-450 inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as a notation on the final or parcel map or map sheet so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(b)

The fees imposed and required by subsection (a)(1) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the Rincon Valley Fire District, and a copy of the receipt submitted to the county permit and resource management department prior to approval of the building permit or issuance of the building permit, whichever occurs first.

(c)

No building permit for property within the Sonoma County airport industrial area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-430 through 26-98-450, inclusive.

(d)

No discretionary approval for property within the Sonoma County airport industrial area shall be approved unless such approval is conditioned pursuant to subsection (a)(1) of this section, to require the payment of the development fees for the property as required by Sections 26-98-400 through 26-98-450, inclusive.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-440. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1990, the development fees imposed by Sections 26-98-400 through 26-98-450, inclusive, shall automatically be adjusted on January 1 of each calendar year, beginning January 1, 2007, by a percentage equal to the percentage change in the Engineering News Record, Construction Cost Index for the twelve (12) month period ending on November 30 of the prior year, unless the amount of the fee is otherwise revised by the board by resolution. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of planning department approval of the building permit. Any such adjustment shall be enacted in accordance with the provisions of Government Code Sections 65962, 54986 and 54992.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if it deems it appropriate, more often than once every three (3) years.

(c)

The department of public works and the department of planning shall provide a report to the board of supervisors when requesting any change in the fee due to proposed annual adjustments.

(d)

Application for rezoning to increase the intensity of development or use of properties within the airport industrial area Sonoma County will, if moved, be conditioned to require the applicant to assume a proportionate share of the improvement costs which would otherwise be the responsibility of the county pursuant to the provisions of the airport industrial area specific plan, Section VIII, entitled financing and implementation.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-450. - Amount of Sonoma County airport industrial specific plan fund.

(a)

The costs associated with the improvements shall be spread among all of the properties within the area boundaries in accordance with the provisions of the Sonoma County airport industrial area, specific plan (as amended May 27, 1987) Section VIIIE, entitled "apportionment of capital improvement cost responsibilities."

(b)

Actual assessments will be made upon each individual parcel at the time of development based upon the number of acres approved for construction and any increase of the improvement costs.

(c)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the area described herein. The fees required herein are fairly apportioned within the Sonoma County airport industrial area on the basis of benefits conferred on affected properties and are consistent with the circulation elements of the general plan and the airport industrial area specific plan. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA Regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-460. - Repealed by Ord. No. 5345 § 6. Sec. 26-98-470. - Repealed by Ord. No. 5345 § 6. Sec. 26-98-500. - Mooreland Avenue traffic impact zone.

(a)

The purpose of Section 26-98-500 through 26-98-550, inclusive, is to establish development fees to provide for certain roadway and related shoulder and drain improvements needed as a result of growth within the area described as the Moorland Avenue Traffic Impact Zone. Such area is set forth on that map which is attached to the ordinance codified in this chapter and on file in the planning department, and incorporated herein by reference as Exhibit A.

(b)

The purpose of Sections 26-98-500 through 26-98-550, inclusive, is to require that adequate provision is made for developer finance improvements within the Moorland Avenue traffic impact zone as a condition precedent to the issuance of any building permits and prior to approval of certain development applications within the area.

(Ord. No. 4643, 1993.)

Sec. 26-98-510. - Method of computation and amount of fee.

(a)

The impact fee per residential unit will be based on the total cost of the improvements (one hundred ninety-two thousand dollars ($192,000.00); see Section 2698-550(b)) times the developers share of said improvements (sixty (60); see Section 26-98-550(c)) divided by the residential development potential for all parcels within the district (162; see Section 26-98-550(d)). The impact fee resulting from this computation is seven hundred eleven dollars ($711.00) per unit. This amount is subject to modification pursuant to the provisions of Section 26-98-540.

(Ord. No. 4643, 1993.)

Sec. 26-98-520. - Establishment and administration of the Moorland Avenue traffic impact zone improvement fund.

(a)

There is created in the office of the county auditor-controller in the county treasury a special interest bearing trust fund entitled the Moorland Avenue traffic impact improvement fund. All amounts collected for development fees shall be deposited in the account and expended to fund roadway shoulder and drain improvements on Moorland Avenue.

(Ord. No. 4643, 1993.)

Sec. 26-98-530. - Imposition of development fees and timing of fee payments.

(a)

The fees imposed by Sections 26-98-500 through 26-98-550, inclusive, shall be required when any of the following county approvals or permits are required:

(1)

Planning department approval of building permits for new residential dwelling units on existing lots;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to planning department approval of the building permit or issuance of the building permit, whichever occurs first.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county prior to planning department approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-500 through 26-98-550, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as a notation on the final or parcel map or map sheet so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(c)

No building permit or discretionary approval for property within the Moorland Avenue traffic impact zone shall be issued or approved unless the development fees for the property are paid as required by Sections 26-98-510 through 26-98-540, inclusive.

(Ord. No. 4643, 1993.)

Sec. 26-98-540. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1989, the development fees imposed by Sections 26-98-500 through 26-98-550, inclusive, shall be adjusted by a percentage amount equivalent to the percentage change in the engineering new record construction cost index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of planning department approval of the building permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if it deems it appropriate, more often than once every three (3) years.

(c)

The department of public works and the department of planning shall provide an annual report to the board of supervisors which notes any change in the fee due to automatic annual adjustments.

(d)

Application for rezoning to increase the residential density of properties within the impact zone will, if moved, be conditioned to require the applicant to assume a proportionate share of the improvement costs which would otherwise be the responsibility of the county.

(Ord. No. 4643, 1993.)

Sec. 26-98-550. - Amount of traffic impact zone improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among future residential uses.

(b)

The development fee amount is based on the 1987/1988 zone/A flood control district budget appropriation of one hundred ninety-two thousand dollars ($192,000.00) for the improvement work.

(c)

The costs associated with the improvement district shall be spread among all of the properties within the area boundaries according to their development potential. Since approximately forty percent (40%) of the land within the district is already developed, the county of Sonoma shall bear forty percent (40%) of the cost of the project, except as provided by Section 26-98-540(d).

(d)

The development potential for each parcel within the district shall be calculated based upon the maximum number of units which could be developed for each parcel under existing zoning of January 1, 1987 less the number of existing units as of that date.

(e)

Actual assessments will be made upon each individual parcel at the time of development based upon the number of units approved for construction and any increase of the improvement costs.

(f)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the area described herein. The fees required herein are fairly apportioned within the impact zone on the basis of benefits conferred on affected properties. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(Ord. No. 4643, 1993.)

Sec. 26-98-600. - Purpose of countywide traffic development fee.

In order to implement the goals and objectives of the general plan, including the circulation and transit element of that general plan, and to mitigate the traffic impacts caused by new development in Sonoma County, certain public roadway improvements must be constructed to insure a safe and efficient level of service. The board of supervisors has determined that a countywide development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction cost of these improvements. In establishing the fee described in the following sections, the board of supervisors has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing needs as established in the housing element of the general plan.

(Ord. No. 4816 § 1, 1994.)

Sec. 26-98-605. - Countywide development fee impact area.

(a)

The countywide development fee impact area shall be all unincorporated lands within the boundary of the county except for those lying within the boundaries of the Sonoma Valley development fee impact area.

(b)

There is created in the office of the county auditor-controller and the county treasurer a separate capital facilities account or fund complying with the requirements of Government Code § 66006(a) entitled "Sonoma County Countywide Roadway Improvement Fund." Said fund shall consist of a roadway account. All amounts collected from roadway development fees on account of this chapter shall be deposited in said account. These fees shall be expended in accordance with the provisions of the general plan and Sonoma County Code Section 26-98-600 et seq., to pay the costs of roadway facilities and improvements described in Table 3 , dated November, 2009, as amended (attached to the ordinance codified in this chapter and on file in the public works department and made a part hereof). Pursuant to Government Code Section 66007(b), these fees are authorized for expenditures and obligations for the specific purposes described in said Table 2 . These funds may also be used to reimburse developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length or capacity.

(Ord. No. 5877, § III, 2-2-2010; Ord. No. 5514, § 3, 2004; Ord. No. 5419, § 3, 2003; Ord. No. 5345, § 3, 2002; Ord. No. 5214, § 1, 2000; Ord. No. 5012, § 4, 1997; Ord. No. 4816, § 1, 1994; Ord. No. 4643, 1993.)

Sec. 26-98-610. - Findings and determinations of the board of supervisors.

(a)

The purpose of the fees adopted by Section 26-98-600 et seq. is to pay the costs of roadway facilities and improvements in accordance with the provisions of the general plan, including the circulation and transit element, and to implement the county's general plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services, the need for which is generated by the type and level of development proposed in Sonoma County.

(b)

The use of which the fees are to be put is to pay the costs of the roadway facilities and improvements identified in Table 2 , dated November 2009, as amended (attached to this ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof).

(c)

There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the general plan and the January 1991, February 1992 and subsequent reports of the county transportation and public works directors, which are incorporated herein by this reference.

(d)

There is a reasonable relationship between the need for the roadway facilities and improvements identified in said Table 2 , dated November 2009, as amended, and the development projects on which the fee is imposed, for the reasons set forth in the Sonoma County general plan and the January 1991, February 1992, and subsequent reports of the county transportation and public works director, which are incorporated herein by this reference.

(e)

The cost estimates in said Table 2 , dated November 2009, as amended, are based upon current costs of construction as determined by the county transportation and public works director through an analysis of current contracted public projects.

(f)

Without the adoption of Section 26-98-600 et seq., and the construction of infrastructure improvements as called for in said Table 2 , dated November 2009, as amended, there will be decreased levels of service on certain highways, increased congestion, decreased highway safety, increased accidents, inadequate structural sections, road services deteriorating to the point where they cannot be safely maintained, lack of shoulders meeting basic safety standards, substandard traffic intersections, and an increase in flooding potential.

(Ord. No. 5877, § IV, 2-2-2010; Ord. No. 5514, § 4, 2004; Ord. No. 5419, § 4, 2003; Ord. No. 5345, § 4, 2002; Ord. No. 5214, § 1, 2000; Ord. No. 5012, § 5, 1997; Ord. No. 4816, § 1, 1994; Ord. No. 4643, 1993.)

Sec. 26-98-620. - Amount of roadway improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among residential, commercial, industrial and institutional use.

(b)

The development fee amount is based upon the report of the transportation and public works director dated January 1991, February 1992, and subsequent reports, and the Sonoma County general plan.

The development fee shall be:

Three hundred ninety-one dollars ($391.00) per trip for residential uses; and

One hundred nineteen dollars ($119.00) per trip for commercial uses; and

One hundred nine dollars ($109.00) per trip for industrial/institutional uses.

(c)

The total fee payable for residential, commercial and industrial/institutional uses shall be computed by multiplying the number of estimated new average daily trips generated by the proposed project times the fee per trip.

(d)

Calculation of New Average Daily Trips.

(1)

The most recently issued trip generation manual published by the Institute of Transportation Engineers shall be used to determine the average daily trips for each proposed use.

(2)

If a project alters or replaces an existing legal project on the same parcel, the number of average daily trips generated by the existing legal project will be deducted to determine the net increase in average daily trips. The fee assessment will be based on the net increase in average daily trips for a particular site.

Example: for a general retail use of four thousand (4,000) square feet, replacing existing uses generating twenty (20) average daily trips, the fee would be:

48 trips/MSF × 4 MSF = +192 gross trips (MSF = Thousand Square Feet)
20 existing trips = - 20
31 passby trips = - 31
_____
Net New Trips = 141 new trips
141 New Trips × $119/Trip = $16,779

(e)

Individual nonresidential uses permitted by the land use plan other than in commercial, industrial and institutional land use categories shall have roadway improvement fees assigned based upon recommendations from the county department of transportation and public works.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-630. - Alternative method and compliance with other laws.

(a)

Sections 26-98-600 through 26-98-680, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in Sonoma County. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within Sonoma County pursuant to state and local laws.

(b)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in Sonoma County. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with accumulative environmental impacts generated by such project.

(c)

Rezonings in Sonoma County are subject to the condition subsequent that the fees imposed by Sections 26-98-600 through 26-98-680, inclusive, will be paid. Failure to pay such fees shall result in a violation and entitle the county to pursue such remedies as may be available to it by law.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-640. - Projects exempt from fee requirements.

(a)

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.

(b)

Development areas within the Sonoma Valley traffic mitigation fee ordinances shall be exempt from this chapter and shall instead pay the roadway development fees already established in that area.

(Ord. No. 5419 § 5, 2003: Ord. No. 5345 § 5, 2002: Ord. No. 5214 § 1, 2000: Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-650. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-600 through 26-98-680, inclusive, shall be adjusted by the department of transportation and public works by a percentage amount equivalent to the percentage change in the engineering news record construction cost index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-660(a)(3), the fee in effect at the time for the department of permit and resource management's discretionary approval of the permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if required or appropriate, more often than once every three (3) years.

(c)

The department of transportation and public works and the department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust funds established to fund the development of public infrastructure in the countywide area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-660. - Timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-600 through 26-98-680, inclusive, shall be paid when any of the following county approval or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to this chapter;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals, and major or minor subdivisions; and

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a)(1) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-600 through 26-98-680, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as a notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to in subsection (a)(3) of this section shall be paid to the county within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Sections 26-98-600 through 26-98-680, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within Sonoma County shall be issued or approved unless the development fees for the property are paid as required by Sections 26-98-610 through 26-98-680, inclusive.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-670. - Developer construction of oversized facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct roadway facilities determined by the county to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the roadway facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amounts shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-680. - Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-600 through 26-98-680, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

The application shall be made in writing and filed with the director of the permit and resource management department not later than: twenty (20) days prior to the pubic hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit.

The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The director of the permit and resource management department in consultation with the director of the department of transportation and public works shall consider the application and render a decision. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-600 through 26-98-680, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

(1)

Situations where the board of supervisors determines that the project development is a project eligible for direct county funding consideration and, in lieu of such funding, the board elects to waive or reduce the fee in an amount determined appropriate by the board in its sole discretion.

Any such application shall be made in writing and filed with the clerk to the board of supervisors not later than: ten (10) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The board of supervisors shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the board of supervisors shall be final. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 5012 § 6, 1997: Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-700. - Purpose of Larkfield area development fee.

In order to implement the goals and objectives of the general plan, including the circulation and transit element of that general plan, and to mitigate the traffic impacts caused by new development in the Larkfield/Wikiup development fee impact area, certain public roadway improvements must be constructed to insure a safe and efficient level of service. The board of supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction cost of these improvements. In establishing the fee described in the following sections, the board of supervisors has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing needs as established in the housing element of the general plan.

(Ord. No. 4817, 1994.)

Sec. 26-98-710. - Larkfield development fee impact area.

(a)

The Larkfield development fee impact area is shown on the map attached to Ordinance No. 4350 as Exhibit B, and is on file with the permit and resource management department, and is incorporated herein.

(b)

There is created in the office of the county auditor-controller and the county treasurer a special interest-bearing trust fund entitled "Larkfield Roadway Improvement Fund." Said fund shall consist of a roadway account. All amounts collected from roadway development fees in the Larkfield development fee impact area shall be deposited in that account. These fees shall be expended in accordance with the provisions of the general plan and Sonoma County Code Section 26-98-700 et seq. to pay the costs of the roadway facilities and improvements described in Table 4 , dated April 1997, as amended, attached and incorporated herein. These funds may also be used to reimburse the developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length, or capacity.

(Ord. No. 5012 § 7, 1997: Ord. No. 4817, 1994.)

Sec. 26-98-720. - Findings and determinations of the board of supervisors.

(a)

The purpose of the fees adopted by Section 26-98-720 et seq. is to pay the costs of roadway facilities and improvements in accordance with the provisions of the Sonoma County general plan, including the circulation and transit element, and to implement the county's general plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services the need for which is generated by the type and level of development proposed in the Larkfield development fee impact area.

(b)

The use to which the fees are to be put is to pay the costs of the roadway facilities and improvements identified in Table 4 , dated April 1997, as amended (attached to this ordinance and on file in the permit and resource management department and made a part hereof).

(c)

There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the Sonoma County general plan, the January 1991, February 1992, and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(d)

There is a reasonable relationship between the need for the roadway facilities and improvements identified in Table 4 , dated April 1997 as amended, and the development projects on which the fee is imposed, for the reasons set forth in the Sonoma County general plan, the January 1991, February 1992, and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(e)

The cost estimates in Table 4 , dated April 1997, as amended, are based upon actual current costs of construction as determined by the county director of transportation and public works through an analysis of current contracted public projects.

(f)

Without the adoption of Section 26-98-700 et seq., and the construction of infrastructure improvements as called for in Table 4 , dated April 1997 as amended, there will be decreased levels of service on certain highways, increased congestion, decreased highway safety, increased accidents, inadequate structural sections, road services deteriorating to the point where they cannot be safely maintained, lack of shoulders meeting basic safety standards, substandard traffic intersections, and an increase in flooding potential.

(Ord. No. 5012 § 8, 1997: Ord. No. 4817, 1994.)

Sec. 26-98-730. - Amount of roadway improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among residential, commercial, industrial and institutional use.

(b)

The development fee amount is based upon the report of the Sonoma County transportation and public works director dated January 1991, February 1992, and subsequent reports (including the studies and documents and attachments to those reports) and the Sonoma County general plan.

The development fee shall be:

Four hundred two dollars ($402.00) per trip for residential uses, and

One hundred nineteen dollars ($119.00) per trip for commercial uses, and

One hundred nine dollars ($109.00) per trip for industrial/institutional uses.

(c)

The total fee payable for residential, commercial and industrial/institutional shall be computed by multiplying the number of estimated new average daily trips generated by the proposed project times the fee per trip.

(d)

Calculation of new average daily trips:

(1)

The most recently issued trip generation manual published by the Institute of Transportation Engineers shall be used to determine the average daily trips for each proposed use.

(2)

If a project alters or replaces an existing legal project on the same parcel, the number of average daily trips generated by the existing legal project will be deducted to determine the net increase in average daily trips. The fee assessment will be based on the net increase in average daily trips for a particular site.

Example: For a general retail use of four thousand (4,000) square feet, replacing existing uses generating twenty (20) average daily trips, the fee would be:

48 trips/MSF × 4 MSF = +192 gross trips (MSF = Thousand Square Feet)
20 existing trips = - 20
31 passby trips = - 31
Net New Trips = 141 new trips
_____
141 New Trips × $119/Trip = $16,779

(e)

Individual nonresidential uses permitted by land use plan other than in commercial, industrial and institutional land use categories shall have roadway improvement fees assigned based upon recommendations from the county department of transportation and public works.

(Ord. No. 4817, 1994.)

Sec. 26-98-740. - Alternative method and compliance with other laws.

(a)

Sections 26-98-700 through 26-98-790, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Larkfield development fee impact area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings, or other entitlements within the Larkfield development fee impact area pursuant to state and local laws.

(b)

The development fees established for this area are necessary for the mitigation of significant impacts which will be created by future development in the Larkfield development fee impact area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with cumulative environmental impacts generated by such project.

(c)

Rezonings in the Larkfield development fee impact area are subject to the condition subsequent that the fees imposed by Sections 26-98-700 through 26-98-790, inclusive, will be paid. Failure to pay such fees shall result in a violation of this condition subsequent and entitle County to pursue such remedies as may be available to it by law.

(Ord. No. 4817, 1994.)

Sec. 26-98-750. - Projects exempt from fee requirements.

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.

(Ord. No. 4817, 1994.)

Sec. 26-98-760. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-700 through 26-98-790, inclusive, shall be adjusted by the department of transportation and public works by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-770(a)(3), the fee in effect at the time of the department of permit and resource management's discretionary approval of the permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if required or appropriate, more often than once every three (3) years.

(c)

The department of transportation and public works and the department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust fund established to fund the development of public infrastructure in the Larkfield development fee impact area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4817, 1994.)

Sec. 26-98-770. - Timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-700 through 26-98-790, inclusive, shall be paid when any of the following County approval or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to this chapter;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions; and

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of the building permit.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-700 through 26-98-790, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to subsection (a)(3) of this section shall be paid to the county within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Section 26-495 through Section 26-495.9, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Larkfield development fee impact area shall be issued or approved unless the development fees for the property are paid as required by Sections 26-98-700 through 26-98-790, inclusive.

(Ord. No. 4817, 1994.)

Sec. 26-98-780. - Developer construction of oversized facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct roadway facilities determined by the county to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the roadway facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amounts shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. No. 4817, 1994.)

Sec. 26-98-790. - Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-700 through 26-98-790, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

sonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

The application shall be made in writing and filed with the director of the permit and resource management department not later than: twenty (20) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The director of the permit and resource management department in consultation with the director of the department of transportation and public works shall consider the application and render a decision. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-700 through 26-98-790, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

(1)

Situations where the board of supervisors determines that the project development is a project eligible for direct county funding consideration and, in lieu of such funding, the board elects to waive or reduce the fee in an amount determined appropriate by the board in its sole discretion.

Any such application shall be made in writing and filed with the clerk to the board of supervisors not later than: ten (10) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The board of supervisors shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the board of supervisors shall be final. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(Ord. No. 5012 § 9, 1997: Ord. No. 4817, 1994.)

Sec. 26-98-800. - Deferral of development fee payment.

(a)

Notwithstanding any other provision of this Code, payment of development fees imposed pursuant to this chapter and Chapter 25 of this Code may be deferred on projects that provide affordable or special needs housing subject to compliance with the provisions of this section. A fee deferral may be requested any time prior to issuance of a building permit.

(b)

A fee deferral may be approved if the director or the board of supervisors determines, in consultation with affected departments, that the improvements funded by the fees can be delayed or that the fees from the project are not needed to finance the programmed public improvements over the near-term.

(c)

Fees for affordable rental housing may be deferred until the time permanent financing for the project is in place or a certain date specified by the promissory note, whichever occurs first. Fees for affordable ownership housing may be deferred until the sale of the dwelling unit, or a certain date specified by the promissory note, whichever occurs first.

(d)

To secure payment of deferred fees a promissory note and a deed of trust, or other instrument(s) as authorized by the board of supervisors and approved by county counsel, shall be recorded against the parcel on which the project is being constructed. The deed of trust may be subordinated to the purchase and construction financing, at the discretion of the director of the department.

(e)

For the purpose of this section an affordable housing development shall mean dwelling unit(s) reserved for rent or sale to a low-, very low-, or extremely lowincome household pursuant to the provisions of the general plan housing element, including the requirement that the continued affordability of said units be secured by a recorded affordable housing agreement or special needs housing agreement, as applicable. A special needs housing development shall have at least twenty (20) percent of the special needs units reserved for occupancy by very low-, low-, or extremely low-income special needs households.

(f)

The director of the Sonoma County Permit and Resource Management Department is hereby authorized and directed to execute any documents on behalf of the County of Sonoma which may be required to implement the provisions of this section, provided the forms of such documents have been approved by the county counsel.

(g)

The county counsel is authorized and directed to prepare or review and approve as to legal form, all necessary legal documents, including but not limited to promissory notes, deeds of trust, any escrow instructions which may be necessary to implement the provisions of this section.

(h)

The board of supervisors may, by resolution, temporarily extend the benefits of fee deferral under this section to additional categories of development projects as it determines appropriate. All fee deferrals authorized by such resolution shall be subject to the provisions of this section, with the exception that the provisions of subsection (c) shall not apply, and instead fees deferred pursuant to such resolution shall be due and payable at time of building occupancy or final inspection whichever occurs first, but not later than thirty-six (36) months from the date of original issuance of the building permit.

(Ord. No. 5897, § II, 7-13-2010; Ord. No. 5569 § 11, 2005: Ord. No. 5009 § 1(H), 1997.)

Article 100. - Development Agreements.

Sec. 26-100-010. - Purpose.

A.

This chapter establishes procedures and requirements for processing development agreements. The appropriate use of development agreements can provide a developer greater certainty in the development approval process by vesting certain development rights and provide the County with public benefits by requiring the developer to provide certain public improvements and benefits that would not otherwise be obtained through other applicable development approval processes. Among other benefits, development agreements have the potential to strengthen the planning process, encourage comprehensive planning, reduce uncertainty in the development review process, reduce the economic costs of development, and facilitate the development and financing of infrastructure and other public improvements.

B.

This Article is adopted under the authority of, and incorporates by reference, Sections 65864 through 65869.5 of the California Government Code and any successor statute(s).

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-020. - Applicability.

This Article authorizes the county of Sonoma, at its sole discretion, to enter into a development agreement with any qualified applicant for the development of real property. The provisions of this Article are applicable throughout the unincorporated area of the county of Sonoma outside of the Coastal Zone.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-030. - Definitions.

[The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Developer means the party with whom the county enters a development agreement.

Development agreement means a binding agreement entered into between the county and a qualified applicant pursuant to the requirements and procedures of state law and this Article.

Legal description means the geographical description of real property by metes and bounds, which unambiguously identifies the location, boundaries, and any existing easements on the property.

Property means real property, unless otherwise specified.

Qualified applicant means a person who has a legal or equitable interest in the real property that is the subject of the development agreement and who is applying to enter into a development agreement with the county. The term "qualified applicant" includes the plural in the case of an applicant consisting of more than one (1) party. The term "person" includes any legal entity.

Words not defined herein shall have the same meaning as provided elsewhere in the county code or in applicable state law.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-040. - Application for development agreements.

A.

Owner Authorization. Only a qualified applicant may file an application to enter into a development agreement. An applicant shall submit written proof of its legal or equitable interest in the property that is the subject of the development agreement, and of the authority of any agent to act on its behalf.

B.

Eligibility. Development proposals which are eligible for consideration for a development agreement shall be limited to projects in which the qualified applicant agrees to make a significant contribution to infrastructure, open space, affordable housing, or other public improvements and amenities of benefit to the county that would not be otherwise be obtained through other applicable development approval processes.

C.

Application Requirements. The director may prescribe the form and contents of the application for the preparation and implementation of development agreements, and amendments to development agreements, which shall be submitted with a request for a development agreement or amendment to a development agreement. The application shall contain, without limitation, the following:

1.

The name and address of the applicant and of all persons and entities having any legal or equitable interest in the property that is the subject of the proposed development agreement or amendment.

2.

Evidence demonstrating that the applicant has a legal or equitable interest in the property that is the subject of the proposed development agreement;

3.

Legal description of the property and a list of all assessor's parcel numbers for the property, including an approximation of the total area of the property which is the subject of the proposed development agreement;

4.

Information about the current use of the property proposed to be subject to the development agreement;

5.

Additional information that the director or his or her designee may deem necessary or convenient to process the application, including but not limited to explanatory text, development plans, maps, drawings, and photos

D.

Separate Applications. A qualified applicant shall file an application for each development project for which a development agreement is requested.

E.

Waiver. The director may waive the filing of one (1) or more of the application materials required by subsection C above if the same information is filed with an application for a specific plan or land use entitlement to be considered concurrently.

F.

Fees. The filing of an application for development agreement or amendment to a development agreement shall be accompanied by payment of such fees as are established by the board of supervisors by resolution.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-050. - Procedures for processing of development agreements.

A.

Initiation. A proposal for a development agreement may be initiated only by a qualified applicant.

B.

Completeness Review. The director or his or her designee shall review the application for completeness and shall determine any additional requirements necessary to make the application complete. The director may reject an application as incomplete if it is not made by a qualified applicant, if it does not contain the documentation required by the director or his or her designee, other county departments, or other responsible agencies, or if it is unaccompanied by the required fee.

C.

Time for Commencement of Negotiation. At such time that the director or his or her designee has determined the application is complete, the applicant may enter into negotiations with the county regarding the terms of the development agreement. When the county and applicant have reached tentative agreement on the terms of the development agreement, the development agreement may be considered by the planning commission, provided that the proposed agreement shall be considered concurrently with any applications for discretionary land use entitlements authorizing the development which is the subject of the proposed development agreement.

D.

County Representative. The director or his or her designee, assigned in writing are authorized to negotiate the specific components and provisions of a development agreement on behalf of the county.

E.

Environmental Review. A development agreement application submitted pursuant to this Article is a discretionary project pursuant to the California Environmental Quality Act.

F.

Review and Recommendation. The planning commission shall review and provide a recommendation to the board of supervisors on all development agreement applications, consistent with state law and this Article.

G.

Review and Decision. The board of supervisors shall be the final decision-making authority on all development agreements consistent with state law and this Article.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-060. - Notice.

A.

Notice of public hearings to consider recommendations on and adoption of a development agreement shall be given pursuant to state law as it may be periodically amended, including Government Code Sections 65867, 65090, and 65091. The notice may be combined with any other notice required by law for other actions to be considered concurrently with the development agreement.

B.

Public hearing notices for projects processed under this Article will contain the following information:

The time and place of the hearing;

The name of the body conducting hearing;

The project location.

A general project description with reference to a proposed Development Agreement;

5.

Other necessary information which the director, or clerk of the board of supervisors considers necessary or desirable.

C.

Public notices for applications involving a development agreement shall be mailed to all persons shown on the last equalized assessment roll of parcels of real property within three hundred feet (300′) of the project site, by publication in a newspaper of general circulation, and by posting in at least three (3) places on or near the property which is the subject of the hearing. The director may require enlarged or enhanced signage on the project site.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-070. - Development agreement requirements.

A.

Location. Development agreements as defined herein may be used in any zoning district authorized by this zoning ordinance. Said agreements, when established, shall be considered a combining zone with the existing zoning district.

B.

Required Provisions in Development Agreements. A development agreement shall specify the following:

  1. Duration of the agreement; 2.

Allowed uses of the property;

Density or intensity of specified uses on the property;

The maximum height and size of proposed structures;

Provisions for reservation or dedication of land for public purposes;

6.

The public benefits that would exceed those required by existing ordinances and regulations.

C.

Elective Provisions in Development Agreements. A development agreement may also specify the following:

1.

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development identified in the agreement. 2.

The time period for commencement of construction, and that the project or any phase of the project be completed within a specified time.

Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

Other terms deemed appropriate by the director and that are consistent with the requirements of this Article and California Government Code Section 65864 et seq. and any successor statute(s).

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-080. - Procedure for review; findings, and decision.

A.

The planning commission shall hold at least one (1) noticed public hearing to consider the proposed development agreement, and other proposed land use entitlements to be considered concurrently with the development agreement. The planning commission shall by resolution make its recommendation to the board of supervisors on the proposed development agreement. The planning commission shall not recommend approval of the development agreement unless it makes the all of findings under subsection E of this section.

B.

Following receipt of the planning commission's recommendation, the board of supervisors shall hold at least one (1) noticed public hearing to consider the proposed development agreement. The hearing shall be "de novo."

C.

The board of supervisors shall consider the recommendation of the planning commission. The board may, but need not, refer matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation with in the time limit set by the board.

D.

The board of supervisors, in its sole discretion, may determine whether to enter into a development agreement. The board of supervisors may add, modify, or delete any provision of the development agreement as a condition of approval. The board shall not approve a development agreement unless it makes all of the findings specified in subsection E below.

E.

The board shall make all of the following findings when approving a development agreement:

1.

The provisions of the development agreement are consistent with the objectives, policies, and program specified in the General Plan, applicable Area Plan, Specific Plan, or any such policy to be adopted concurrently with the adoption of the agreement;

2.

If the development agreement includes a proposed subdivision as defined by Government Code Section 66473.7, the development agreement provides that any tentative map prepared for the subdivision comply with the provisions of Government Code Section 66473.7.

3.

The development agreement is in the public interest;

4.

The development agreement provides public improvements and benefits that would not otherwise be obtained through other applicable development approval processes; and

5.

The Agreement is consistent with the provisions of this Article and Government Code Sections 65864 through 65869.5 governing development agreements.

F.

If the board approves the development agreement, it shall do so by the adoption of an ordinance. No development agreement shall be signed by the chair of the board of supervisors until it has been approved as to form by county counsel and executed by the applicant and by all persons having a legal or equitable interest in the property which is the subject of the development agreement. Owners of easements need not execute the development agreement unless the county determines that their agreement to be bound by the development agreement is necessary.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-090. - Effective date.

The effective date of the development agreement is the effective date of the ordinance adopting the agreement unless the development agreement specifies a later effective date.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-100. - Recording the agreement.

1.

No later than ten (10) days after the county enters into a development agreement, the clerk of the board of supervisors shall record with the county recorder, at the expense of the qualified applicant, a fully executed copy of the development agreement, which shall include a legal description of the land subject thereto.

2.

The burdens and benefits of the development agreement shall be binding and will be in effect for all successors in interest to the parties to the agreement.

If the parties to the development agreement or their successors in interest amend or cancel the agreement as herein provided, the director shall cause notice of such action to be recorded with the Sonoma County Recorder, at the expense of the party initiating the amendment or cancellation.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-110. - Amendment and cancellation.

A.

Any development agreement may be amended, or cancelled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. Any party may initiate the amendment or cancelation of a development agreement. The procedure for amending or cancelling a development agreement shall be the same as the procedure for approval of the agreement.

B.

Trivial changes not affecting any material term or condition of the development agreement and correction of clerical errors are not an "amendment" within the meaning of this subsection and may be approved by the director.

C.

The issuance of any land use permit or entitlement which requires a change in any vested element of the development agreement shall require an amendment to the development agreement for such change to be vested.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Sec. 26-100-120. - Periodic compliance review and cancellation for non-compliance.

A.

The director shall, on an annual basis and at any other time that the director deems appropriate during the term of the agreement, review the compliance with the terms and conditions of the development agreement. The developer or their successor shall have the burden of demonstrating good faith compliance with the terms of the development agreement and shall provide such information and documents as the Director deems reasonably necessary to ascertain compliance with the development agreement. The developer shall bear the costs of the periodic review, including without limitation the costs of notice of any public hearings held in connection with the periodic review.

B.

If the director determines, based on substantial evidence, that the developer has complied in good faith with the terms and conditions of the development agreement during the review period, the director shall adopt a written resolution certifying compliance with the development agreement through the applicable period of review.

C.

If the director determines, based on substantial evidence, that the developer has not complied in good faith with the terms and conditions of the development agreement, the director shall set a public hearing before the planning commission, noticed in accordance with the procedures for noticing a public hearing to consider approval of a development agreement as outlined in Section 26-100-050 of this Article, at which the developer shall be given an opportunity to demonstrate good faith compliance with the terms of the development agreement. The developer shall bear the burden of proving compliance.

D.

If the planning commission determines on the basis of substantial evidence that the developer, or their successor has complied in good faith with the terms and conditions of the development agreement during the period under review, then the planning commission shall adopt a resolution determining compliance with the development agreement. If the planning commission finds, on the basis of substantial evidence, that the developer, or developer's successor in interest, has not complied in good faith with the terms or conditions of the development agreement, then the planning commission shall forward its recommended determination to the board of supervisors.

E.

Following receipt of a recommendation from the planning commission regarding compliance with the development agreement, the board of supervisors shall hold a public hearing, noticed pursuant to the applicable provisions of state law, to determine whether the developer has failed to comply in good faith with the terms and conditions of the development agreement and whether to modify or cancel the agreement. The hearing before the board of supervisors shall be "de novo". The developer shall be given an opportunity to be heard at the hearing before the board of supervisors, and the developer shall bear the burden of proving compliance.

F.

If the board of supervisors determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the development agreement during the period under review, then the board of supervisors shall adopt a resolution determining compliance with the development agreement through the applicable period under review. If the board of supervisors finds, on the basis of substantial evidence, that the developer has not complied in good faith with all terms and conditions of the development agreement, the board of supervisors may cancel or modify the agreement. Any such cancellation or modification shall be approved by ordinance.

G.

At any time the board of supervisors, at a public hearing, may consider whether there are grounds for revocation of any development agreement. The applicant shall be given advance notice of the time, date and place of any hearing by the board during which the development agreement will be considered. At the hearing, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If as a result of such review, the board finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the agreement, the board may revoke or amend the agreement in whole or in part.

(Ord. No. 6299, § II(Exh. A), 2-25-2020)

Appendix A. - Zoning Amendments.

Article 04 - Glossary

Article 04 - Glossary
New Code Existing Code Ordinance Reference
26-4-010 - Purpose -
26-4-020 - Defnitions 26-02-140 - Defnitions Defnitions for terms other than land uses are listed here.
(Ord. No. 6298, § III(Exh.), 2-4-2020; Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, §
II(Exh. A), 10-16-2018; Ord. No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20-2016; Ord. No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord.
No. 6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-
2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-
10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord.
No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435
§ 2(a), 2003; Ord. No. 5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001;
Ord. No. 5009 § 1(B), 1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord.
No. 4973 § 2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781
§ 2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993;
Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
--- --- ---
26-18 through 26-30 - Land
Use Standards
26-02-140 - Defnitions Defnitions for land uses found in land use tables (Articles 6,8,10,12,14) are distributed
throughout Article 18 through 30.
(Ord. No. 6298, § III(Exh.), 2-4-2020; Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, §
II(Exh. A), 10-16-2018; Ord. No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20-2016; Ord. No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord.
No. 6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-
2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-
10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord.
No. 5651 § 1(a)—(s), 2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435
§ 2(a), 2003; Ord. No. 5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001;
Ord. No. 5009 § 1(B), 1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord.
No. 4973 § 2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781
§ 2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993;
Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)

Article 06 - Agricultural and Resource Zones

New Code Existing Code Ordinance Reference
26-6-010 - Purpose of Article -
26-6-020 - Purpose of
Agricultural and Resource
Zones
A. General -
B. Specifc
B1. Land Intensive Agriculture
(LIA)
26-04-005. - Purpose (Ord. No. 5964, § III, 1-31-2012; Ord. No. 4643, 1993.)
B2. Land Extensive
Agriculture (LEA)
26-06-005. - Purpose (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 4643, 1993.)
B3. Diverse Agriculture (DA) 26-08-005. - Purpose (Ord. No. 5964, § V, 1-31-2012; Ord. No. 4643, 1993.)
B4. Resources and Rural
Development (RRD)
26-10-005. - Purpose (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 4643, 1993.)
B5. Timberland Production
District (TP)
26-14-005. - Purpose (Ord. No. 4643, 1993: Ord. No. 2119 Section 1.)
26-6-030 - Allowed Land
Uses
A. General Table 6-1 26-10-010.- Permitted uses (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-10-020.- Uses permitted
with a use permit.
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
--- --- ---
26-06-010.- Permitted uses. (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-06-020.- Uses permitted
with a use permit.
(Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, §1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-010.- Permitted uses. (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-08-020.- Uses permitted
with a use permit.
(Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-010.- Permitted uses. (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569, § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-10-020.- Uses permitted
with a use permit.
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-14-010.- Permitted uses. (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 § 2(f), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance Reference
26-14-020.- Uses permitted
with a use permit.
(Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
B. Additional Permits -
C. Unlisted Land Uses 26-04-010(l) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-04-020(q) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-010(l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-06-020(s) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
--- --- ---
26-08-010(o) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-08-020(s) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-010(ii) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-10-020(ss) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-14-010(t) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 § 2(f), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643, 1993.)
D. Williamson Act New. Replaces statements for
individual land uses that use
must comply with Williamson
Act Contract. All uses must
comply with Williamson Act,
which needs to be stated only
once.
-
E. Restricted Nonagricultural
Uses
26-04-010(i) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
New Code Existing Code Ordinance Reference
26-04-020(o) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-010(i) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c) 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-06-020(p) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-010(i) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-08-020(p) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
F. Geotechnical Studies 26-10-010(l) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
G. Dredge Materials and
Biosolids
26-04-020(o)(9) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020(p)(13) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(p)(13) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020(mm) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
H. Hazardous Materials 26-10-020(z) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-6-040 - Development
Standards
New Code Existing Code Ordinance Reference
A. General
B. Local Area Development
Guidelines
26-04-030 (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
26-06-030 (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
26-08-030 (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
26-10-030 (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
26-14-030 (Ord. No. 4927 § 11 (part), 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
C. TP Zone - Maximum Units
Per Property
26-14-020(a) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
D. Lot Size Standards
--- --- ---
D1. Agricultural Homesite
Parcels - DA Zone
26-08-030(b) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
D2. Additional Lot Size
Standards
New cross reference. -
E. Lot Coverage New cross reference. -
F. Increased Building Height 26-04-030(d)1) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
26-06-030(d)1) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
26-08-030(d)1) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
26-10-030(d)1) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
G. Setbacks
G1. TP Zone 26-14-030 (Ord. No. 4927 § 11 (part), 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
G2. Reduced Setbacks for
Agricultural Buildings
26-04-030(f)(9) (Ord. No. 5964, § III, 1-31-2012 Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
26-06-030(f)(9) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
26-08-030(f)(9) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
H. Accessory Buildings on
Vacant Parcels
New cross reference. -
I. Two-Parcel Subdivision for
Farm Worker Housing
26-04-030(g) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
26-06-030(g) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
26-08-030(g) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
26-08-030(h) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)

Article 08 - Residential Zones

Article 08 - Residential Zones
New Code Existing Code Ordinance Reference
26-8-010 - Purpose of Article -
26-8-020 - Purpose of
Residential Zones
A. General -
B. Specifc
B1. Agriculture and
Residential (AR)
Sec. 26-16-005. - Purpose (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 4643, 1993.)
B2. Rural Residential (RR) Sec. 26-18-005. - Purpose (Ord. No. 4643, 1993.)
B3. Low Density Residential
(R1)
Sec. 26-20-005. - Purpose (Ord. No. 4643, 1993.)
B4. Medium Density
Residential (R2)
Sec. 26-22-005. - Purpose (Ord. No. 6247, § II (Exh. C), 10-23-2018)
--- --- ---
B5. High Density Residential
(R3)
Sec. 26-24-005. - Purpose (Ord. No. 4643, 1993.)
26-8-030 - Allowed Land
Uses
A. General. Table 8-1 Sec. 26-16-010.- Permitted
uses
(Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
Sec. 26-16-020.- Uses
permitted with a use permit
(Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
Sec. 26-18-010.- Permitted
uses
(Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)
Sec. 26-18-020.- Uses
permitted with a use permit
(Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
Sec. 26-20-010.- Permitted
uses
(Ord. No. 6247, § II(Exh. B), 10-23-2018)
Sec. 26-20-020.- Uses
permitted with a use permit
(Ord. No. 6247, § II(Exh. B), 10-23-2018)
Sec. 26-22-010.- Permitted
uses
(Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-22-020.- Uses
permitted with a use permit
(Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-010.- Permitted
uses
(Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G),
12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. 5429 § 4(a), 2003;
Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
Sec. 26-24-020.- Uses
permitted with a use permit
(Ord. No. 5975, § I, 3-20-2012; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5429 § 4(c), 2003; Ord.
No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)
B. Additional Planning Permits -
26-8-040 - Development
Standards
A. General
B. Local Area Development
Guidelines
Sec. 26-16-030.- Permitted
residential density and
development criteria
(Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030.- Permitted
residential density and
development criteria
(Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030.- Permitted
residential density and
development criteria
(Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030.- Permitted
residential density and
development criteria
(Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-030. - Permitted
residential density and
(Ord. No. 6247, § II(Exh. D), 10-23-2018)
development criteria.
--- --- ---
C. Afordable Housing Sec. 26-20-020(j) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
Sec. 26-20-030(a) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
26-22-010(k) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-010(k) (Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G),
12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. 5429 § 4(a), 2003;
Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
Article 08 - Residential Zones
26-24-020(k) (Ord. No. 5975, § I, 3-20-2012; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5429 § 4(c), 2003; Ord.
No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)
26-24-030(a) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
D. Cottage Housing 26-20-010(l) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
26-20-020(l) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
26-22-010(u) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-22-030 (Ord. No. 6247, § II(Exh. C), 10-23-2018)
E. R2 Multi-Family 26-22-030 (Ord. No. 6247, § II(Exh. C), 10-23-2018)
F. Density Standards
F1. Reduced Density in
Residential Zones
26-20-030(a) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
26-22-030(a) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-030(a) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
F2. R3 Density Equivalents 26-24-030(a) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
G. Lot Size Standards
G1. AR Zone 26-16-030(b) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
G2. RR Zone 26-18-030(b) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
G3. Williamson Act Lands New cross reference -
G4. Clustered Development New cross reference -
H. Height Standards
H1. Increased Building Height New cross reference -
H2. Solar Impacts - R2 Zone 26-22-030(b) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
H3. R3 Increased Height 26-24-030(b)(2) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
H4. R3 Abutting R1 and R2 26-24-030(b)(3) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
I. Lot Coverage
I1. AR Zone 26-16-030(e) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
I2. R3 Zone 26-24-040(e) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
I3. Farm Operations in RR
Zone
New cross reference -
I4. Greenhouses and
Swimming Pools
New cross reference -
J. Setbacks
J1. R2 Abutting R1 or R2 26-22-030(b)(1) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
J2. R2 and R3 Setback
Adjustments
26-22-030(f) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-030(f) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
J3. R3 Porches 26-24-030(f)(1) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
J4. Other Exceptions and
Adjustments
New cross reference -
--- --- ---
J5. Agricultural Bufers
26-18-030(f) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
26-20-030(f) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
26-22-030(f) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
New Code Existing Code Ordinance Reference
--- --- ---
26-24-030(f) (Ord. No. 6247, § II(Exh. D), 10-23-2018
K. Waived Covered Parking
for Single-Family Dwellings
New cross reference -
L. Subdivisions for Farm
Worker Housing
New cross reference -
M. Planned Developments
and Condominiums
26-18-020(a) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-20-020(a) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
26-20-030(h) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
26-22-020(a) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-22-030(h) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-020(a) (Ord. No. 5975, § I, 3-20-2012; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5429 § 4(c), 2003; Ord.
No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)
26-24-030(h) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
26-8-050 - Multifamily
Development Standards
26-22-030 (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-88-040(g) (Ord. No. 6247, § II(Exh. D), 10-23-2018)

Article 10 - Commercial Zones

New Code Existing Code Ordinance Reference
26-10-010 - Purpose of Article -
26-10-020 - Purpose of
Commercial Zones
-
A. General - -
B. Specifc
B1. Administrative and
Professional Ofce District
(CO)
Sec. 26-28-005. - Purpose (Ord. No. 4643, 1993.)
B2. Neighborhood
Commercial District (C1)
Sec. 26-30-005. - Purpose (Ord. No. 4643, 1993.)
B3. Retail Business and
Service District (C2)
Sec. 26-32-005. - Purpose (Ord. No. 4643, 1993.)
B4. General Commercial
District (C3)
Sec. 26-34-005. - Purpose (Ord. No. 4643, 1993.)
B5. Limited Commercial
District (LC)
Sec. 26-36-005. - Purpose (Ord. No. 4643, 1993.)
B6. Commercial Rural District
(CR)
Sec. 26-38-005. - Purpose (Ord. No. 4643, 1993.)
--- --- ---
B7. Agricultural Services
District (AS)
Sec. 26-40-005. - Purpose (Ord. No. 4643, 1993.)
B8. Recreation and Visitor-
Serving Commercial District
(K)
Sec. 26-42-005. - Purpose (Ord. No. 4643, 1993.)
26-10-030 - Allowed Land
Uses
A. General Table 10-1 Sec. 26-28-010.- Permitted
uses
(Ord. No. 6223, § XII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Memo of 7-24-2015;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(r), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 §
8(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-28-020.- Uses
permitted with a use permit
(Ord. No. 5933, § II(f), 5-10-2011; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord.
No. 4973 § 8 (b), (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-30-010.- Permitted
uses
(Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 § 1(f), 2008;
Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a), 1996; Ord. No. 4643,
1993.)
Sec. 26-30-020.- Uses
permitted with a use permit
(Ord. No. 3615.); (Ord. No. 3348.); (Ord. No. 3349.); (Ord. No. 3805.); (Ord. No. 6245, § II, 10-
16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, § II(E), 12-20-2016; Ord. 5790 § 1(g),
2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(u), 2003; Ord. No.
5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-010. - Permitted
uses
(Ord. No. 3805.); (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord.
No. 6145, § III, 3-15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No. 5342 §
3, 2002; Ord. No. 5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-020. - Uses
permitted with a use permit
(Ord. No. 3615.) (Ord. No. 3348.) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-
2018; Ord. No. 6189, § II(E), 12-20-2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003;
Ord. 5429 § 5, 2003; Ord. No. 5265 § 1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643,
1993.)
Sec. 26-34-010. - Permitted
uses
(Ord. No. 3805.) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord.
No. 6145, § IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003; Ord.
No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-020. - Uses
permitted with a use permit
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
Sec. 26-36-010. - Permitted
uses
(Ord. No. 3805.) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord.
No. 6145, §§ III, IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No.
5435 § 2(z), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-020. - Uses
permitted with a use permit
(Ord. No. 3615.) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No.
6189, §§ II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010;
Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435
§ 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c),
1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
Sec. 26-38-010. - Permitted
uses
(Ord. No. 6223, § X, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5569 § 7, 2005;
Ord. No. 5435 § 2(bb), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
Sec. 26-38-020. - Uses
permitted with a use permit
(Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(cc), 2003; Ord. No. 4643, 1993.)
Sec. 26-40-010. - Permitted
uses
(Ord. No. 6223, § XI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(dd), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-40-020. - Uses
permitted with a use permit
(Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
Sec. 26-42-010. - Permitted
uses
(Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-020. - Uses
permitted with a use permit
( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
--- --- ---
B. Additional Permits - -
New Code Existing Code Ordinance Reference
C. Amplifed Live Music 26-32-020(s) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-020(cc) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
Sec. 26-36-020(e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§ II(C), (E),
12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(l),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(aa), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c), 1996; § Ord. No.
4643, 1993; Ord. No. 3348.)
Sec. 26-40-020(q) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
Sec. 26-42-020(V) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
D. Accessory Storage Yards 26-34-010(i) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § IV, 3-
15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010(m) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, §§ III,
IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No. 5435 § 2(z),
2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
E. Agricultural Products Sale
and Promotion - CR Zone
26-38-010(d) (Ord. No. 6223, § X, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5569 § 7, 2005;
Ord. No. 5435 § 2(bb), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
26-10-040 - Development
Standards
A. General
B. Local Area Development
Guidelines
Sec. 26-28-030.- Building
intensity and development
criteria
(Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-30-030.- Building
intensity and development
criteria
(Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030. - Building
intensity and development
criteria
(Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030. - Building
intensity and development
criteria
(Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030. - Building
intensity and development
criteria
(Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030. - Building
intensity and development
criteria
(Ord. No. 3932.) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-40-030. - Building
intensity and development
criteria
(Ord. No. 4643, 1993.)
Sec. 26-42-030. - Building
intensity and development
criteria
(Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
C. Increased Building Height Sec. 26-28-030(a) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-30-030(a) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030(a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030(a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
--- --- ---
Sec. 26-36-030. - Building
intensity and development
criteria
(Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030. - Building
intensity and development
criteria
(Ord. No. 3932.) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-40-030. - Building
intensity and development
criteria
(Ord. No. 4643, 1993.)
Sec. 26-42-030. - Building
intensity and development
criteria
(Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
D. CR Zone Setbacks Sec. 26-38-030(e) (Ord. No. 3932.) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
E. C2, C3, LC, AS Increased
Setbacks
Sec. 26-32-030(e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030(e) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-40-030. - Building
intensity and development
criteria
(Ord. No. 4643, 1993.)
F. CO Zone Setbacks. 26-28-030(e) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
G. Residential Zone Setbacks Sec. 26-30-030(e) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030(e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030(e) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-40-030. - Building
intensity and development
criteria
(Ord. No. 4643, 1993.)
H. K Zone Setbacks 26-42-030(f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
I. Guest Parking - K Zone 26-42-030(g) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
J. Planned Developments and
Condominiums
26-28-020(i) (Ord. No. 5933, § II(f), 5-10-2011; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord.
No. 4973 § 8 (b), (c), 1996; Ord. No. 4643, 1993.)
26-30-020(o) (Ord. No. 3349.)
New Code Existing Code Ordinance Reference
26-32-020(p) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
26-34-020(x) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-36-020(X) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§ II(C), (E),
12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(l),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(aa), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c), 1996; § Ord. No.
4643, 1993; Ord. No. 3348.)

Article 12 - Industrial Zones

Article 12 - Industrial Zones
New Code Existing Code Ordinance Reference
26-12-010 - Purpose of
Article
-
26-12-020 - Purpose of
Industrial Zones
-
A. General - -
--- --- --- ---
B. Specifc
B1. Industrial Park (MP)
Zoning District)
Sec. 26-44-005. - Purpose (Ord. No. 4643, 1993.)
B2. Limited Urban Industrial
(M1) Zoning District
Sec. 26-46-005. - Purpose (Ord. No. 4643, 1993.)
B3. Heavy Industrial (M2)
Zoning District)
Sec. 26-48-005. - Purpose (Ord. No. 4643, 1993.)
B4. Limited Rural Industrial
(M3) Zoning District
Sec. 26-0-005. - Purpose (Ord. No. 4643, 1993.)
26-12-030 - Allowed Land
Uses
A. General. Table 12-1 Sec. 26-44-010. - Permitted
uses
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §
II(B), 12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 §
10(a), (b), 1996; Ord. No. 4643, 1993.)
Sec. 26-44-020. - Uses
permitted with a use permit
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(b), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No. 3360.)
Sec. 26-46-010. - Permitted
uses
(Ord. No. 3805.) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord.
No. 6189, § II(B), 12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord.
No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-020. - Uses
permitted with a use permit
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk),
2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord.
No. 3805; Ord. No. 2840; Ord. No. 2936.)
Sec. 26-50-010. - Permitted
uses
(Ord. No. 3805.) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord.
No. 6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No.
4973 § 10(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-50-020. - Uses
permitted with a use permit
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 §
10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
B. Additional Permits -
C. Amplifed Live Music 26-44-020(f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(b), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No. 3360.)
Sec. 26-46-020(t) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk),
2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord.
No. 3805; Ord. No. 2840; Ord. No. 2936.)
Sec. 26-48-020(r) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
Sec. 26-50-020(u) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 §
10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
D. Incidental Commercial
Uses in M3
26-50-020(b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 §
10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
E. Hazardous Materials New. not in existing code. -
26-12-040 - Development
Standards
A. General
B. Local Area Development
Guidelines
Sec. 26-44-030. - Building
intensity and development
criteria
(Ord. No. 3360.) (Ord. No. 3964.) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-46-030. - Building
intensity and development
criteria
(Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-030. - Building
intensity and development
criteria
(Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
--- --- --- ---
C. Increased Lot Coverage No cross reference -
D. MP Zone Landscaping Sec. 26-44-030(g)(2) (Ord. No. 3360.)
E. MP Residential Bufer Sec. 26-44-030(f)(4) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
F. Increased M1, M2, M3
Setbacks
26-46-030(d) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
26-48-030(f) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
26-50-030(d) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
G. Residential Zone Setbacks 26-46-030(d) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
26-48-030(f) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
26-50-030(d) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
H. Increased Building Height No cross reference -
I. Height - MP Zone 26-44-030(g)(1) (Ord. No. 3360.) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
J. MP Parking 26-44-030(i) (Ord. No. 3964.) (Ord. No. 3360.) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
Article 12 - Industrial Zones
K. Accessory Buildings 26-46-010(I) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §
II(B), 12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord. No. 5342 §
3, 2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-48-010(p) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §
II(B), 12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-50-010(I) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §
II(B), 12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 §
10(a), 1996; Ord. No. 4643, 1993.)
L. Planned Developments and
Condominiums
26-44-020(b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(b), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No. 3360.)
26-46-020(m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk),
2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord.
No. 3805; Ord. No. 2840; Ord. No. 2936.)
26-48-020(m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-50-020(q) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 §
10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-12-050 - MP Zone Design
Requirements
26-44-030(b)(c)(d)(h)(i2)(j) (Ord. No. 3360.) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)

Article 14 - Special Purpose Zones

New Code Existing Code Ordinance Reference
26-14-010 - Purpose of Article - -
26-14-020 - Purpose of
Special Purpose Zones
A. Planned Community (PC) Sec. 26-26-005. - Purpose. (Ord. No. 4643, 1993.)
B. Public Facilities (PF) Sec. 26-52-005. - Purpose. (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4643, 1993.)
26-14-030 - PF Zone as Base
Zone and Combining District
A. Base Zone Sec. 26-52-020. - Applicability
as a base district
(Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4643, 1993.)
B. Combining District Sec. 26-52-010. - Applicability
as a combining district
(Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4643, 1993.)
--- --- ---
26-14-040 - Allowed Land
Uses
A. General Table 14-1 Sec. 26-26-030.- Permitted
uses
(Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G), 12-20-2016; Ord. No. 6089, §
I(b), 11-24-2014; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 4973 § 7(a)
— (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-26-040.- Uses
permitted with precise
development plan
(Ord. No. 6223, § XIX, 5-8-2018; Ord. No. 5711 § 7 (Exh. F), 2007; Ord. No. 5569 §§ 5, 6, 7,
2005; Ord. No. 4973 § 7(d), (e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-030. - Permitted
uses
(Ord. No. 6252, § II(Exh. C), 12-4-2018; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435, § 2(qq),
2003; Ord. No. 5342, § 3, 2002; Ord. No. 4973, § 11(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-040. - Uses
permitted with a use permit—
Special districts
(Ord. No. 5961, § 4, 1-24-2012; Ord. No. 5435 § 2(rr), 2003; Ord. No. 4973 § 11(b), (c), 1996;
Ord. No. 4643, 1993.)
B. Additional Permits - -
C. Governmental Facilitates -
PF Zone
Sec. 26-52-030(a) (Ord. No. 6252, § II(Exh. C), 12-4-2018; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435, § 2(qq),
2003; Ord. No. 5342, § 3, 2002; Ord. No. 4973, § 11(a), 1996; Ord. No. 4643, 1993.)
26-14-040 - Development
Standards
A. General
B. Local Area Development
Guidelines
Sec. 26-26-060.- Residential
density, building intensity and
development criteria
(Ord. No. 3932.) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-52-050. - Building
intensity and development
criteria
(Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
C. PC Zone Standards Sec. 26-26-060.- Residential
density, building intensity and
development criteria
(Ord. No. 3932.) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
D. Telecommunication
Facilities PF Zone
26-52-050(a)(2) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
E. Accessory Buildings on
Vacant Parcels
New cross reference. Not in
existing code
-
26-14-050 - PC Zone
Preliminary Development Plan
26-26-010;
26-26-020
(Ord. No. 4643, 1993.)
26-14-060 - PC Zone Precise
Development Plan
Sec. 26-26-050.- Precise
development plan
(Ord. No. 4643, 1993.)

Article 16 - Supplemental Development Standards

New Code Existing Code Ordinance Reference
26-16-010 - Purpose of Article New -
26-16-020 - Density
A. Maximum Allowed Sec. 26-04-030 (a) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (a) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (a) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (a) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-14-020 (a) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-16-030 (a) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
--- --- ---
Sec. 26-18-030 (a) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (a) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030 (a) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-030 (a) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
Sec. 26-26-060 (a) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
B. Exempt Units Sec. 26-04-030 (a) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (a) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (a) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
C. Afordable Housing New reference -
26-16-030 - Lot Size
A. Williamson Act Lands Sec. 26-04-030 (b) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (b) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (b) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (b) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (b) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
B. Clustered Development Sec. 26-06-030 (b) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (b) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (b) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (b) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (b) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
26-16-040 - Increased
Allowed Height
A. Allowed with Design
Review
Sec. 26-04-030 (d) (1) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (d) (1) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (d) (1) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
New Code Existing Code Ordinance Reference
Sec. 26-10-030 (d) (1) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
--- --- ---
Sec. 26-16-030 (c) (1) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (c) (1) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
B. Allowed with Use Permit Sec. 26-20-030 (b) (1) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030 (b) (1) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-26-060 (b) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-28-030 (a) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030 (a) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-44-030 (a) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-46-030 (a) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-030 (a) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-50-030 (a) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (a) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
26-16-050 - Lot Coverage
Exceptions
A. Increased Lot Coverage for
Farm Operations
Sec. 26-04-030 (e) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (e) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (e) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (e) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-10-030 (e) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
B. Residential Greenhouses
and Swimming Pools
Sec. 26-18-030 (e) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (e) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-26-030 (e) (Ord. No. 3932.)
C. Increased Lot Coverage in
Commercial, Industrial and
PC Zones
Sec. 26-26-060 (b) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-28-030 (a) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030 (a) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-030 (a) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-44-030 (a) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
--- --- ---
Sec. 26-46-030 (a) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-030 (a) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-50-030 (a) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
26-16-060 - Setbacks
A. Street Centerline Setbacks Sec. 26-04-030 (f) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (f) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (f) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
New Code Existing Code Ordinance Reference
Sec. 26-18-030 (f) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (f) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030 (f) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-26-060 (f) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-28-030 (e) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030 (e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030 (e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030 (e) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030 (e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-030 (f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-44-030 (f) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-46-030 (d) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-030 (f) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-50-030 (d) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (e) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
B. Farm Animal Accessory
Structures
Sec. 26-04-030 (f) (4) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (4) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (f) (4) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (4) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (f) (4) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (4) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
C. Garages and Carports Sec. 26-04-030 (f) (5) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (5) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
--- --- ---
Sec. 26-08-030 (f) (5) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (5) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (f) (5) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (5) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (f) (4) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030 (f) (4) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-060 (e) (4) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-42-030 (f) (4) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (e) (4) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
D. Building Projections Sec. 26-04-030 (f) (6) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (6) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (f) (6) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (6) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
New Code Existing Code Ordinance Reference
Sec. 26-16-030 (f) (6) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (6) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (f) (5) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-38-030 (e) (4) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (e) (5) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
E. Average Front Setbacks Sec. 26-04-030 (f) (7) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (7) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (f) (7) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (7) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (f) (7) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (7) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (f) (6) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
--- --- ---
Sec. 26-38-030 (e) (5) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (e) (6) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
F. Accessory Buildings Sec. 26-04-030 (f) (8) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (8) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (f) (8) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (8) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord.No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (f) (8) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (8) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (f) (7) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-38-030 (e) (6) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (e) (7) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
G. Swimming Pools Sec. 26-04-030 (f) (8) (Ord. No. 5964, § III, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 1(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993.)
Sec. 26-06-030 (f) (8) (Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), 2007; Ord. No. 5569 § 9, 2005;
Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No.
3932.)
Sec. 26-08-030 (f) (8) (Ord. No. 5964, § V, 1-31-2012; Ord. No. 5711 (Exh. H), 2007; Ord. No. 5569 § 9, 2005; Ord.
No. 5082 § 1, 1997; Ord. No. 4973 § 3(c), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No.
4643, 1993; Ord. No. 3932.)
Sec. 26-10-030 (f) (8) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (f) (8) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (8) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
New Code Existing Code Ordinance Reference
Sec. 26-20-030 (f) (7) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-38-030 (e) (6) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
H. Agricultural Bufers Sec. 26-10-030 (f) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-40-030 (Ord. No. 4927 § 11 (part), 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (f) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (f) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030 (f) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-060 (f) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
Sec. 26-26-060 (f) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-28-030 (e) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
--- --- ---
Sec. 26-32-030 (e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030 (e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030 (e) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030 (e) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-030 (f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (e) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
I. Additional Setback
Provisions
New cross reference -
26-16-070 - Parking
A. General Sec. 26-10-030 (g) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (g) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-18-030 (g) (Ord. No. 5711, § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973, § 5(d), 1996; Ord. No. 4927, §§ 1,
6, 8, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (g) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-22-030 (g) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-060 (g) (Ord. No. 6247, § II(Exh. D), 10-23-2018)
Sec. 26-26-060 (g) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-28-030 (f) (Ord. No. 4973 § 8(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-32-030 (f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-34-030 (f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-36-030 (f) (Ord. No. 4973, § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-38-030 (f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-030 (g) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-44-030 (i) (Ord. No. 4973 § 10(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-46-030 (f) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-030 (g) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-50-030 (f) (Ord. No. 4973 § 10(e), 1996; Ord. No. 4643, 1993.)
Sec. 26-52-050 (f) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 4973 § 11(e), 1996; Ord. No. 4643, 1993.)
B. Waived Covered Parking
for Single-Family Dwellings
Sec. 26-10-030 (g) (Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5711, § 7, (Exh. H), § 8 (Exh. I) 2007; Ord. No. 5569, §
9, 2005; Ord. No. 4973, § 4(d), 1996; Ord. No. 4927, §§ 1, 6, 11, 1996; Ord. No. 4643, 1993;
Ord. 3932.)
Sec. 26-16-030 (g) (Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5711 § 7 (Exh. H), § 8 (Exh. I), 2007; Ord. No. 4973 §
5(d), 1996; Ord. No. 4927 §§ 1, 6, 11, 1996; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-20-030 (g) (Ord. No. 5711 § 8 (Exh. I), 2007; Ord. No. 5569 § 12, 2005; Ord No. 5429 § 4(d), 2003; Ord.
No. 5009 § 1(C), 1997; Ord. No. 4973 § 6(d), 1996; Ord. No. 4927 § 1, 4, 6, 9, 11, 1996; Ord.
No. 4839 § 1(B), 1994; Ord. No. 4837 § 1(A), 1994; Ord. No. 4643, 1993; Ord. No. 3932.)
Sec. 26-38-030 (f) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
Sec. 26-26-060 (g) (Ord. No. 4973 § 7(f), 1996; Ord. No. 4839 § 1(E), 1994; Ord. No. 4643, 1993.)
Sec. 26-42-030 (g) (Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)
26-16-080 - Accessory
Buildings on Vacant Parcels
26-04-010 (j) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
New Code Existing Code Ordinance Reference
26-06-010 (j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-08-010 (j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (p) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-18-010 (f) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)

Article 18 - Agricultural and Resource-based Use Regulations

New Code Existing Code Ordinance History
26-18-010 - Purpose of Article new -
26-18-020 - Agricultural Crop
Cultivation
A. Defnition
B. Standards
Sec. 26-04-010 (d) (f) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
Sec. 26-06-010 (d) (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
Sec. 26-08-010 (d) (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
Sec. 26-10-010 (d) (f) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
Sec. 26-16-010 (h) (j) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
--- --- ---
Sec. 26-18-010 (e) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)
Sec. 26-20-010 (g) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
Sec. 26-22-010 (i) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
Sec. 26-24-010 (i) (Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G),
12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. 5429 § 4(a), 2003;
Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
Sec. 26-26-030 (g) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G), 12-20-2016; Ord. No. 6089, §
I(b), 11-24-2014; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 4973 § 7(a)
— (c), 1996; Ord. No. 4643, 1993.)
Sec. 26-40-010 (e) (f) (Ord. No. 6223, § XI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(dd), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-010 (e) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-46-010 (h) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-48-010 (o) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996;
Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
Sec. 26-50-010 (h) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-18-030 - Agricultural
Marketing Accommodations
A. Defnition
B. Standards
C. Findings
Sec. 26-88-086 (a) (b) (Ord. No. 6255, § II(Exh. B), 1-8-2019)
26-18-040 - Agricultural
Processing
A. Defnition
B. Standards
C. Findings
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-020 (f) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (g) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (g) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
--- --- ---
26-16-020 (w) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-40-020 (g) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-46-020 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805;
Ord. No. 2840; Ord. No. 2936.)
26-48-020 (g) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-50-020 (g) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 § 10(b),
(c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-18-050 - Agricultural
Processing, Small Scale
A. Defnition
B. Standards
26-88-210 (Ord. No. 6081, § VII (Exh. A), 7-29-2014)
New Code Existing Code Ordinance History
26-18-060 - Agricultural
Support Services
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-010 (e) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569, § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-40-010 (d) (Ord. No. 6223, § XI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(dd), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
--- --- ---
26-40-010 (e) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-18-070 - Animal Keeping:
Beekeeping
New. -
26-18-100 - Animal Keeping:
Confned Farm Animal
Facilities
A. Defnition
B. Standards
26-04-010 (a) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-10-020 (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-16-020 (a) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-18-110 - Animal Keeping:
Farm Animals
A. Defnition
B. Standards
26-04-010 (b) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (a) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-16-010 (a) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-18-010 (d) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)
26-26-030 (g) (1) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G), 12-20-2016; Ord. No. 6089, §
I(b), 11-24-2014; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 4973 § 7(a)
— (c), 1996; Ord. No. 4643, 1993.)
26-18-130 - Animal Keeping:
Livestock Feed and Animal
Sales Yards
A. Defnition
B. Standards
New defnition -
New Code Existing Code Ordinance History
26-18-140 - Animal Keeping:
Pet Fancier
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b),
1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord.
No. 3349; Ord. No. 3340.)
26-04-010 (i) (8) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (i) (8) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (i) (8) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (w) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-16-010 (r) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-18-010 (m) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)
26-18-150 - Aquaculture
A. Defnition
B. Standards
New defnition -
26-06-020 (e) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
New Code Existing Code Ordinance History
26-08-020 (e) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (n) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-18-160 - Composting,
Commercial
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-06-020 (p) (21) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p) (22) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (rr) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
--- --- ---
26-18-170 - Composting,
Non-commercial
A. Defnition
B. Standards
26-04-010 (i) (17) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (p) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (n) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-10-010 (hh) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-16-010 (hh) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-18-180 - Farm Retail Sales
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-18-190 - Farm Stand
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-18-020 (c) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
--- --- ---
26-18-200 - Indoor Crop
Cultivation
A. Defnition
B. Standards
26-04-010 (o) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996;Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (s) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-08-010 (r) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (e) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-16-010 (i) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-18-010 (g) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)
26-26-030 (g) (4) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G), 12-20-2016; Ord. No. 6089, §
I(b), 11-24-2014; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 4973 § 7(a)
— (c), 1996; Ord. No. 4643, 1993.)
26-18-210 - Land and
Resource Management
A. Defnition
B. Standards
26-04-010 (i) (5) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (i) (5) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (i) (5) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-10-010 (u) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-14-010 (d) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 § 2(f), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-18-220 - Mining, Surface
A. Defnition
B. Standards
26-10-020 (jj) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-14-020 (c) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
26-18-230 - Mushroom
Farming
A. Defnition
B. Standards
new defnition -
26-18-240 - Tasting Rooms
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-020 (i) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (j) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (j) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (g) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-40-010 (g) (Ord. No. 6223, § XI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(dd), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-18-250 - Timber
Management
A. Defnition
B. Standards
26-10-010 (j) (k) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-14-010 (a) (b) (g) (h) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 § 2(f), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643, 1993.)
26-18-260 - Timber Operator
Storage Yard
A. Defnition
B. Standards
26-10-010 (t) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-10-020 (q) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-14-010 (f) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 § 2(f), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643, 1993.)
26-14-020 (f) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
26-18-270 - Timber Saw Mills
and Lumber Production.
A. Defnition
B. Standards
new defnition -
26-10-020 (t) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-14-020 (b) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
26-48-020 (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-50-020 (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 § 10(b),
(c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-18-280 - Timberland
Conversions
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)

Article 20 - Industrial Use Regulations

New Code Existing Code Ordinance History
26-20-010 - Purpose of Article - -
26-20-020 - Animal Product
Processing
A. Defnition
B. Standards
C. Findings
26-04-020(g) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
--- --- ---
26-06-020(h) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(h) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020(s) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-40-020(f) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-48-020(f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-20-030 - Fertilizer Plants
A. Defnition
B. Standards
C. Findings
new defnition -
26-04-020(g) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020(h) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(h) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020(s) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-40-020(f) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-48-020(f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-20-040 - Laboratories
A. Defnition
B. Standards
26-44-010(j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
26-46-010(f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-48-010(n) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996;
Ord. No. 4643, 1993.)
--- --- ---
26-50-010(n) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-20-050 - Laundry Plants
A. Defnition
B. Standards
new defnition -
New Code Existing Code Ordinance History
26-46-020 (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805;
Ord. No. 2840; Ord. No. 2936.)
26-48-020 (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-50-020 (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 § 10(b),
(c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-20-070 -
Manufacturing/Processing,
Light
A. Defnition
B. Standards
26-44-010
(a)(b)(c)(d)(e)(f)(g)
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
26-46-010 (g) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-48-010
(a) (b) (d) (e) (f) (g) (i)
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996;
Ord. No. 4643, 1993.)
26-50-010 (g) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-20-080 -
Manufacturing/Processing,
Medium
A. Defnition
B. Standards
26-34-010(f)(g) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § IV, 3-
15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-44-010 (h) (i) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
26-46-010 (b) (c) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-48-010 (c) (h) (k) (l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996;
Ord. No. 4643, 1993.)
26-50-010 (b) (c) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-20-090 - Recycling
Collection Facilities
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-30-010 (f) (Ord. No. 3805.)
--- --- ---
26-32-010 (f) (Ord. No. 3805.)
26-34-010 (j) (Ord. No. 3805.)
26-36-010 (g) (Ord. No. 3805.)
26-46-010 (j) Ord. No. 3805.)
26-48-010 (q) Ord. No. 3805.)
26-50-010 (j) Ord. No. 3805.)
New Code Existing Code Ordinance History
26-20-100 - Recycling
Processing Facility
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-20-110 - Storage:
Contractor's Storage Yard
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1),
12-20- 2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-20-120 - Storage:
Manufactured Home Storage
A. Defnition
B. Standards
New defnition -
26-20-130 - Storage: Personal
Storage
A. Defnition
B. Standards
New defnition -
26-20-140 - Storage: Vehicle,
Boat, and RV Storage
New defnition -
26-34-020 (j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-20-150 - Storage:
Warehouses
A. Defnition
B. Standards
New defnition -
26-34-010 (m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-20-160 - Storage:
Wholesale and Distribution
A. Defnition
B. Standards
New defnition -
26-20-170 - Wrecking and
Salvage Yards
A. Defnition
B. Standards
New defnition -
--- --- ---
26-34-012 (j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-46-00 (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805;
Ord. No. 2840; Ord. No. 2936.)

Article 22 - Recreation, Education and Public Assembly Use Regulations

New Code Existing Code Ordinance History
26-22-010 - Purpose of Article - -
26-22-020 - Camp, Organized
A. Defnition
B. Standards
New defnition -
26-22-030 - Campgrounds,
RV Parks, Special Occupancy
Parks
A. Defnition
B. Standards
C. Findings
26-06-020 (p) (3) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p) (3) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342,§ 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (ee) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-22-040 - Civic Institution
A. Defnition
New defnition -
26-18-020 (g) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-22-050 - Country Club
A. Defnition
B. Standards
New defnition -
26-10-020 (v) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-16-020 (i) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-22-060 - Educational
Institutions: Colleges and
Universities
New defnition -
A. Defnition
B. Standards
--- --- ---
26-22-070 - Educational
Institutions: Elementary and
Secondary Schools
A. Defnition
B. Standards
new defnition -
26-06-020 (p) (2) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p) (2) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (w) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-16-020 (k) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-18-020 (f) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-22-080 - Educational
Institutions: Specialized
Education and Training
A. Defnition
B. Standards
new defnition -
New Code Existing Code Ordinance History
26-18-020 (g) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-26-040 (a) (Ord. No. 6223, § XIX, 5-8-2018; Ord. No. 5711 § 7 (Exh. F), 2007; Ord. No. 5569 §§ 5, 6, 7,
2005; Ord. No. 4973 § 7(d), (e), 1996; Ord. No. 4643, 1993.)
26-22-090 - Golf Course
A. Defnition
B. Standards
new defnition -
26-04-020 (o) (14) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (p) (18) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p) (19) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (v) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
--- --- ---
26-16-020 (i) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-22-100 - Community
Meeting Facilities
A. Defnition
B. Standards
new defnition -
26-04-020 (o) (10) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (p) (14) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p) (14) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (p) (w) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-16-020 (k) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-18-020 (g) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-52-040 (o) (4) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 5435 § 2(rr), 2003; Ord. No. 4973 § 11(b), (c), 1996;
Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-22-110 - Parks and
Playgrounds
A. Defnition
B. Standards
New defnition -
26-18-020 (g) ( Ord. No. 6145, § V, 3-15-2016; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 §
2(p), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(k), 2001; Ord. No. 4973 § 5(b), (c), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-26-040 (a) (Ord. No. 6223, § XIX, 5-8-2018; Ord. No. 5711 § 7 (Exh. F), 2007; Ord. No. 5569 §§ 5, 6, 7,
2005; Ord. No. 4973 § 7(d), (e), 1996; Ord. No. 4643, 1993.)
26-42-010 (k) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-42-020 (j) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
--- --- ---
26-22-120 - Recreation and
Sports Facilities: Recreation
Facility, Indoor
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-44-010 (l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
26-44-020 (c) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(b), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No. 3360.)
26-22-130 - Recreation and
Sports Facilities: Recreation
Facility, Outdoor
A. Defnition
B. Standards
26-42-020 (p) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-22-140 - Recreation and
Sports Facilities:
Health/Fitness Facility
New defnition -
26-28-020 (l) (Ord. No. 5933, § II(f), 5-10-2011; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord.
No. 4973 § 8 (b), (c), 1996; Ord. No. 4643, 1993.)
26-32-020 (r) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
26-34-020 (w) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-36-020 (bb) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§ II(C), (E),
12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(l),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(aa), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c), 1996; § Ord. No.
4643, 1993; Ord. No. 3348.)
26-42-020 (u) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-44-020 (c) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(b), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No. 3360.)
26-46-020 (h) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805;
Ord. No. 2840; Ord. No. 2936.)
26-48-020 (p) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
New Code Existing Code Ordinance History
26-50-020 (h) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 § 10(b),
(c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-52-040 (o) (Ord. No. 5961, § 4, 1-24-2012; Ord. No. 5435 § 2(rr), 2003; Ord. No. 4973 § 11(b), (c), 1996;
Ord. No. 4643, 1993.)
26-22-150 - Recreation and
Sports Facilities: Rural Sports
and Recreation
A. Defnition
B. Standards
new defnition -
--- --- ---
26-02-040 (o) (1) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-04-020 (p) (1) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-06-020 (p) (1) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p) (1) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (o) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-22-160 - Recreation and
Sports Facilities: Shooting
Ranges
A. Defnition
B. Standards
new defnition -
26-42-020 (l)
26-48-020 (x) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-50-020 (y) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 § 10(b),
(c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-22-170 - Temporary
Events
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-010 (i) (4) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
New Code Existing Code Ordinance History
26-06-010 (i) (4) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-08-010 (i) (4) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (q) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-14-010 (k) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 § 2(f), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643, 1993.)
26-16-010 (o) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K),
12-2 2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-18-010 (l) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(p), 2003; Ord. No. 5429
§ 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(j), 2001;
Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c), 1996; Ord. No. 4973 § 5(a), 1996; Ord. No.
4653 § 1(i), 1993; Ord. No. 4643, 1993.)
26-20-010 (f) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
26-22-010 (f) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-010 (f) (Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G),
12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. 5429 § 4(a), 2003;
Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
26-26-030 (d) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G), 12-20-2016; Ord. No. 6089, §
I(b), 11-24-2014; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 4973 § 7(a)
— (c), 1996; Ord. No. 4643, 1993.)
26-28-010 (e) (Ord. No. 6223, § XII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Memo of 7-24-2015;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(r), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 §
8(a), 1996; Ord. No. 4643, 1993.)
26-30-010 (h) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 § 1(f), 2008;
Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a), 1996; Ord. No. 4643,
1993.)
26-32-010 (g) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-
15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No. 5342 § 3, 2002; Ord. No.
5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-34-010 (w) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § IV, 3-
15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010 (n) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, §§ III,
IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No. 5435 § 2(z),
2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-22-180 - Sports and
Entertainment Assembly
new defnition -
A. Defnition
B. Standards
--- --- ---
26-42-020 (k) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-22-190 - Studios for Art
Crafts, Dance, Music
A. Defnition
B. Standards
new defnition -
New Code Existing Code Ordinance History
26-04-010 (i) (16) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
26-06-010 (i) (15) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (i) (16) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (cc) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-22-200 - Theater and
Entertainment Venues
A. Defnition
B. Standards
new defnition -
26-32-020 (f) (h) (s) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
26-34-020 (cc) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-44-010 (l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
26-22-210 -
Visitor/Interpretive Center
A. Defnition
B. Standards
new defnition -
26-42-010 (a) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)

Article 24 - Residential Use Regulations

New Code Existing Code Ordinance History
26-24-010 - Purpose of
Article
- -
26-24-020 - Accessory
Dwelling Unit
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A),
10-7- 2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-04-010 (h) (10) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
26-06-010 (h) (10) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (h) (9) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (m) (7) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-16-010 (aa) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189,
§§ II(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-
24-2014; Ord. No. 6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord.
No. 5435, § 2(n), 2003; Ord. No. 5429, § 3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord.
No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001; Ord. No. 5016, § 1(F), 1997; Ord.
No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No. 4723, § 1(g), 1993; Ord.
No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-24-030 - Agricultural
Employee Housing:
Temporary Camp
A. Defnition
B. Standards
C. Findings
New defnition -
26-04-010 (h) (4) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
--- --- ---
New Code Existing Code Ordinance History
26-06-010 (h) (4) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (h) (3) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (m) (3) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-24-040 - Agricultural
Employee Housing:
Caretaker Dwelling
A. Defnition
B. Standards
26-88-010 (l) (8) (Ord. No. 5964, §§ VIII, IX, 1-31-2012; Ord. No. 5570 § 2, 2005; Ord. No. 5569 § 9,
2005; Ord. No. 5154 § 1(a), 1999; Ord. No. 5016 § 1(q), 1997; Ord. No. 4839 § 1(F),
1994; Ord. No. 4643, 1993.)
26-24-050 - Agricultural
Employee Housing: Full-
Time
A. Defnition
B. Standards
26-06-010 (h) (3) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-06-010 (h) (3) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265
§ 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 §
3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643,
1993.)
26-08-010 (h) (2) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (m) (2) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
--- --- ---
New Code Existing Code Ordinance History
26-24-060 - Agricultural
Employee Housing:
Seasonal
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-06-010 (h) (5) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-06-010 (h) (4) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (h) (2) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (m) (4) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-24-070 - Agricultural
Employee Housing: Year-
Round or Extended
Seasonal
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
--- --- ---
New Code Existing Code Ordinance History
26-06-010 (h) (6) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-06-010 (h) (6) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (h) (5) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-020 (c) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5651 § 1(u), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord.
No. 5429 § 3, 2003; Ord. No. 5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No.
5265 § 1(g), 2001; Ord. No. 4973 § 4(b), (c), 1996; Ord. No. 4781 § 2(B), 1994; Ord.
No. 4643, 1993.)
26-24-080 - Caretaker
Dwelling
A. Defnition
B. Standards
new defnition -
26-36-020 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-40-020 (n) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996;
Ord. No. 4643, 1993.)
26-42-020 (b) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-24-090 - Congregate
Housing
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-18-010 (z) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G), (I), (K), 12-20-2016;
Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 §
2(p), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(h), 2002; Ord. No. 5342 § 4,
2002; Ord. No. 5265 § 1(j), 2001; Ord. No. 5016 § 1(G), 1997; Ord. No. 4985 § (c),
1996; Ord. No. 4973 § 5(a), 1996; Ord. No. 4653 § 1(i), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-22-010 (t) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-010 (s) (Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(G), 12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005;
Ord. 5429 § 4(a), 2003; Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
New Code Existing Code Ordinance History
26-24-100 - Cottage Food
Operation
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-24-110 - Cottage
Housing Development
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-20-010 (l) (Ord. No. 6247, § II(Exh. B), 10-23-2018)
26-22-010 (u) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-120 - Dwelling, Multi-
Family
A. DefnitionB. Standards
New defnition -
26-22-010 (a) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-010 (a) (Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(G), 12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005;
Ord. 5429 § 4(a), 2003; Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
26-26-030 (a) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(G), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005;
Ord. No. 4973 § 7(a) — (c), 1996; Ord. No. 4643, 1993.)
26-24-130 - Dwelling,
Single- Family
A. Defnition
B. Standards
New defnition -
(Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-06-010 (h) (1) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (h) (1) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-08-010 (m) (1) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-16-010 (a) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189,
§§ II(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-
24-2014; Ord. No. 6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord.
No. 5435, § 2(n), 2003; Ord. No. 5429, § 3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord.
No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001; Ord. No. 5016, § 1(F), 1997; Ord.
No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No. 4723, § 1(g), 1993; Ord.
No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-28-020 (a) (b) (Ord. No. 5933, § II(f), 5-10-2011; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(q),
2003; Ord. No. 4973 § 8 (b), (c), 1996; Ord. No. 4643, 1993.)
26-30-020 (a) (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. 5790 § 1(g), 2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(u), 2003; Ord. No. 5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c),
1996; Ord. No. 4643, 1993.)
26-32-020 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No.
5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord.
5429 § 5, 2003; Ord. No. 5265 § 1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-34-020 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(h), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569
§§ 5, 7, 2005; Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 §
9(b), (c), 1996; Ord. No. 4643, 1993.)
26-36-020 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-42-020 (a) (Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-24-140 - Dwelling, Two-
Family
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
--- --- ---
26-22-010 (a) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-010 (a) (Ord. No. 6223, § XVIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(G), 12-20-2016; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569 § 7, 2005;
Ord. 5429 § 4(a), 2003; Ord. 4973 § 6(a), 1996; Ord. No. 4643, 1993; Ord. No. 3511.)
New Code Existing Code Ordinance History
26-24-150 - Family Day
Care Home
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-04-010 (i) (7) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
26-06-010 (i) (7) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908,§ II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (i) (7) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010 (s) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-14-010 (q) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189,
§§ II(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-
24-2014; Ord. No. 6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord.
No. 5435, § 2(n), 2003; Ord. No. 5429, § 3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord.
No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001; Ord. No. 5016, § 1(F), 1997; Ord.
No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No. 4723, § 1(g), 1993; Ord.
No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
--- --- ---
New Code Existing Code Ordinance History
26-24-160 - Farm Family
Dwelling
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-04-010 (h) (2) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
26-06-010 (h) (2) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-24-170 - Guest House
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-04-010 (h) (i) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
26-06-010 (h) (8) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010 (h) (7) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
--- --- ---
26-10-010 (m) (8) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-24-180 - Home
Occupation
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-24-190 - Junior
Accessory Dwelling Unit
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-24-200 - Live/Work
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-26-040 (j) (Ord. No. 6223, § XIX, 5-8-2018; Ord. No. 5711 § 7 (Exh. F), 2007; Ord. No. 5569 §§
5, 6, 7, 2005; Ord. No. 4973 § 7(d), (e), 1996; Ord. No. 4643, 1993.)
26-28-020 (q) (Ord. No. 5933, § II(f), 5-10-2011; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(q),
2003; Ord. No. 4973 § 8 (b), (c), 1996; Ord. No. 4643, 1993.)
--- --- ---
26-30-020 (x) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. 5790 § 1(g), 2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(u), 2003; Ord. No. 5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c),
1996; Ord. No. 4643, 1993.)
26-32-020 (cc) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No.
5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord.
5429 § 5, 2003; Ord. No. 5265 § 1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
New Code Existing Code Ordinance History
26-34-020 (jj) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(h), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569
§§ 5, 7, 2005; Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 §
9(b), (c), 1996; Ord. No. 4643, 1993.)
26-36-020 (mm) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-38-020 (c) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(cc), 2003; Ord. No. 4643, 1993.)
26-40-020 (u) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996;
Ord. No. 4643, 1993.)
26-42-020 (aa) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-24-210 - Mixed-Use
Development
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-30-010 (t) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. 5790 § 1(g), 2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(u), 2003; Ord. No. 5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c),
1996; Ord. No. 4643, 1993.)
26-32-010 (t) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No.
5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord.
5429 § 5, 2003; Ord. No. 5265 § 1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-36-010 (ee) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, §§ III, IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008;
Ord. No. 5435 § 2(z), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord.
No. 4643, 1993.)
26-42-020 (bb) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-26-040 (bb) (Ord. No. 6223, § XIX, 5-8-2018; Ord. No. 5711 § 7 (Exh. F), 2007; Ord. No. 5569 §§
5, 6, 7, 2005; Ord. No. 4973 § 7(d), (e), 1996; Ord. No. 4643, 1993.)
26-24-220 - Mobile Home
Parks
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
A. Defnition
B. Standards
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
--- --- ---
26-22-020 (l) (Ord. No. 6247, § II(Exh. C), 10-23-2018)
26-24-020 (m) (Ord. No. 5975, § I, 3-20-2012; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5429 § 4(c),
2003; Ord. No. 4973 § 6(b), (c), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-24-230 - Permanent
Supportive Housing
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-28-010 (p) (Ord. No. 6223, § XII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Memo of 7-
24-2015; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(r), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 8(a), 1996; Ord. No. 4643, 1993.)
26-30-010 (s) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 §
1(f), 2008; Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a),
1996; Ord. No. 4643, 1993.)
26-32-010 (u) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § III, 3-15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No.
5342 § 3, 2002; Ord. No. 5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
26-34-010 (hh) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010 (cc) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, §§ III, IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008;
Ord. No. 5435 § 2(z), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord.
No. 4643, 1993.)
26-24-240 - Residential
Community Care
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-04-020 (i) (3) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-
8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-
20-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord.
No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord.
No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No.
5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No.
4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No. 4643, 1993.)
--- --- --- ---
26-06-020 (i) (3) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(d), 2003; Ord. 5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002;
Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b), 2001; Ord. No. 5016 § 1(B), 1997; Ord.
No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(c), 1993; Ord.
No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-08-020 (i) (3) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, §
V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145,
§ V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-
2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 §
7, 2005; Ord. 5435 § 2(f), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(c),
2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d), 2001; Ord. No. 5016 § 1(C),
1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(d),
1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-020 (o) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, §§ II(B), (G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089,
§ I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(h), 2003; Ord. No. 5429 § 3(a),
2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(f),
2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 4(a),
1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-16-020 (c) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189,
§§ II(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-
24-2014; Ord. No. 6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord.
No. 5435, § 2(n), 2003; Ord. No. 5429, § 3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord.
No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001; Ord. No. 5016, § 1(F), 1997; Ord.
No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No. 4723, § 1(g), 1993; Ord.
No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
26-24-250 - R Single-Room
Occupancy
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-30-020 (aa) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. 5790 § 1(g), 2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(u), 2003; Ord. No. 5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c),
1996; Ord. No. 4643, 1993.)
26-30-020 (aa) (bb) 26-24-260 - Temporary Occupancy of Travel Trailer
A. Defnition
B. Standards
new
defnition
26-24-270 - Transitional
Housing
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
A. Defnition
B. Standards
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
--- --- ---
26-28-010 (o) (Ord. No. 6223, § XII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Memo of 7-
24-2015; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(r), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 8(a), 1996; Ord. No. 4643, 1993.)
26-30-010 (r) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 §
1(f), 2008; Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a),
1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-32-010 (t) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § III, 3-15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No.
5342 § 3, 2002; Ord. No. 5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
26-34-010 (gg) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010 (bb) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, §§ III, IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008;
Ord. No. 5435 § 2(z), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord.
No. 4643, 1993.)
26-24-280 - Work/Live
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-46-020 (o) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(c), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No.
5435 § 2(kk), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord.
No. 4643, 1993; Ord. No. 3805; Ord. No. 2840; Ord. No. 2936.)
26-26-010 - Purpose of
Article
- -
26-26-020 - Alcoholic
Beverage Sales.
A. Defnition
B. Standards
26-26-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
--- --- ---
26-26-030 - Bar, Tavern,
Nightclub
A. Defnition
B. Standards
C. Findings
New defnition -
26-30-010 (e) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 §
1(f), 2008; Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a),
1996; Ord. No. 4643, 1993.)
26-32-010 (c) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § III, 3-15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No.
5342 § 3, 2002; Ord. No. 5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
26-34-020 (cc) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(h), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569
§§ 5, 7, 2005; Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 §
9(b), (c), 1996; Ord. No. 4643, 1993.)
26-36-020 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-42-020 )dd) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-26-040 - Building and
Landscape Materials Sales
A. Defnition
B. Standards
New defnition -
26-34-020 (d) (o) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(h), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569
§§ 5, 7, 2005; Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 §
9(b), (c), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-46-010 (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-48-010 (j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord.
No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-50-010 (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord.
No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-26-050 - Farm
Equipment and Supplies
Sales and Rental
A. Defnition
B. Standards
new defnition -
26-34-010 (c) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § III, 3-15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No.
5342 § 3, 2002; Ord. No. 5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
26-34-010 (j) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, §§ III, IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008;
Ord. No. 5435 § 2(z), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord.
No. 4643, 1993.)
26-36-020 (m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-40-020 (i) (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ee), 2003; Ord. No. 4973 § 9(b), (c), 1996;
Ord. No. 4643, 1993.)
--- --- ---
26-46-010 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-50-010 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord.
No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-26-060 - Firewood Yard
A. Defnition
B. Standards
new defnition -
26-08-020 (p) (9) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C),
12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No.
5429, § 3, 2003; Ord. No. 5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265,
§ 1(e), 2001; Ord. No. 4973, § 3(b), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643,
1993; Ord. No. 3662.)
26-10-020 (p) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5651 § 1(u), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord.
No. 5429 § 3, 2003; Ord. No. 5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No.
5265 § 1(g), 2001; Ord. No. 4973 § 4(b), (c), 1996; Ord. No. 4781 § 2(B), 1994; Ord.
No. 4643, 1993.)
26-14-020 (g) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002;
Ord. No. 5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
26-14-010 (i) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 5435 § 2(l), 2003; Ord. No. 5361 §
2(f), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 § 4(a), (e), 1996; Ord. No. 4643,
1993.)
26-26-070 - Fuel Dealers new defnition -
26-34-020 (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(h), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569
§§ 5, 7, 2005; Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 §
9(b), (c), 1996; Ord. No. 4643, 1993.)
26-36-020 (r) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-50-020 (o) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(e), 5-10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord.
No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
New Code Existing Code Ordinance History
26-26-080 - Fuel Station
A. Defnition
B. Standards
26-26-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a),2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2, 2003;
Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B), 1997; Ord.
No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A),
1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993;
Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No.
3340.)
26-46-020 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(c), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No.
5435 § 2(kk), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord.
No. 4643, 1993; Ord. No. 3805; Ord. No. 2840; Ord. No. 2936.)
26-48-020 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(d), 5-10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord.
No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No.
3805; Ord. No. 3349.)
--- --- ---
26-26-090 - General Retail
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-30-010 (a) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 §
1(f), 2008; Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a),
1996; Ord. No. 4643, 1993.)
26-32-010 (a) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § III, 3-15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No.
5342 § 3, 2002; Ord. No. 5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No.
4643, 1993.)
26-34-010 (a) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010 (a) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, §§ III, IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008;
Ord. No. 5435 § 2(z), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord.
No. 4643, 1993.)
26-42-020 (r) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-44-020 (i) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(b), 5-10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord.
No. 5429 § 5, 2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No.
3360.)
26-46-020 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(c), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No.
5435 § 2(kk), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord.
No. 4643, 1993; Ord. No. 3805; Ord. No. 2840; Ord. No. 2936.)
26-48-020 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(d), 5-10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord.
No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No.
3805; Ord. No. 3349.)
26-50-020 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(e), 5-10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord.
No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-26-100 - Heavy
Equipment Sales and
Rentals
A. Defnition
B. Standards
new defnition -
New Code Existing Code Ordinance History
26-34-020 (h) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(h), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569
§§ 5, 7, 2005; Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 §
9(b), (c), 1996; Ord. No. 4643, 1993.)
26-34-020 (t) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
--- --- ---
26-46-010 (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-46-010 (j) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord.
No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-50-010 (a) (d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord.
No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-26-110 - Manufactured
Homes Sales and Rentals
A. Defnition
B. Standards
26-34-010 (p) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-26-120 - Nursery, Retail
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-04-020 (h) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C),
12-20-2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4,
2002; Ord. No. 4973 § 3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (i) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C),
12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No.
5429 § 3, 2003; Ord. No. 5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, §
1(c), 2001; Ord. 4973 § 3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993;
Ord. No. 3662.)
26-08-020 (i) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C),
12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No.
5908, § II, 11-9-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No.
5429, § 3, 2003; Ord. No. 5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265,
§ 1(e), 2001; Ord. No. 4973, § 3(b), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643,
1993; Ord. No. 3662.)
26-10-020 (f) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No.
6145, § V, 3-15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5651 § 1(u), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord.
No. 5429 § 3, 2003; Ord. No. 5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No.
5265 § 1(g), 2001; Ord. No. 4973 § 4(b), (c), 1996; Ord. No. 4781 § 2(B), 1994; Ord.
No. 4643, 1993.)
26-16-020 (c) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, §
VI, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord.
No. 5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord.
No. 5429, § 3, 2003; Ord. No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No.
5265, 1(i), 2001; Ord. No. 4973, § 5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No.
4643, 1993; Ord. No. 3376; Ord. No. 3662; Ord. No. 3403)
New Code Existing Code Ordinance History
26-26-130 - Nursery,
Wholesale
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
--- --- ---
26-26-140 - Outdoor Vendor 26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord.
No. 6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord.
No. 6140, § II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No.
6089, § I(a), 11-24-2014; Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II,
7-29-2014; Ord. No. 6046, § II(a), 9-10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No.
5933, § II(a), 5-10-2011; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § II, 3-30-
2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5711 § 2 (Exh.
A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s) 2006; Ord. No. 5569 § 2,
2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No. 5429 § 2,
2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 §
2(a), (b), 1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 §
2(A), 1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643,
1993; Ord. No. 3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349;
Ord. No. 3340.)
26-26-150 - Restaurant
A. Defnition
B. Standards
new defnition -
26-30-020 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. 5790 § 1(g), 2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(u), 2003; Ord. No. 5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c),
1996; Ord. No. 4643, 1993.)
26-32-020 (h) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No.
5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord.
5429 § 5, 2003; Ord. No. 5265 § 1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-36-020 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)
26-42-020 (dd) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7,
2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b),
(c), 1996; Ord. No. 4643, 1993.)
26-44-020 (l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6189, § II(B), 12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord.
No. 4973 § 10(a), (b), 1996; Ord. No. 4643, 1993.)
26-46-020 (b) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(c), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No.
5435 § 2(kk), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord.
No. 4643, 1993; Ord. No. 3805; Ord. No. 2840; Ord. No. 2936.)
26-48-020 (a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, §
II(d), 5-10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord.
No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No.
3805; Ord. No. 3349.)
26-26-160 - Vehicle/Boat
Sales and Rentals
new defnition -
A. Defnition
B. Standards
--- --- --- ---
26-32-020 (g) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, §
II(E), 12-20-2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No.
5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord.
5429 § 5, 2003; Ord. No. 5265 § 1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-34-010 (b) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No.
6145, § IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003;
Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-36-020 (l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§
II(C), (E), 12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-
2010; Ord. 5790 § 1(l), 2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005;
Ord. No. 5435 § 2(aa), 2003; Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001;
Ord. No. 4973 § 9(b), (c), 1996; § Ord. No. 4643, 1993; Ord. No. 3348.)

Article 28 - Service Use Regulations

New Code Existing Code Ordinance History
26-28-010 - Purpose of Article new -
26-28-020 - Adult
Entertainment Establishment
A. Defnition
B. Standards
References to existing
sections
-
26-28-030 - Banks and
Financial Institutions
A. Defnition
B. Standards
new defnition -
26-28-010 (Ord. No. 6223, § XII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Memo of 7-24-2015;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(r), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 §
8(a), 1996; Ord. No. 4643, 1993.)
26-30-010(c) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 § 1(f), 2008;
Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a), 1996; Ord. No. 4643,
1993.)
26-32-010(d) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-
15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No. 5342 § 3, 2002; Ord. No.
5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010(c) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, §§ III,
IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No. 5435 § 2(z),
2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-44-020(i) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(b), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007; Ord. No. 5435 § 2(ii), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(c), 1996; Ord. No. 4643, 1993; Ord. No. 3360.)
26-48-020(a) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(d), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(mm), 2003; Ord. No. 5429 § 5,
2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805; Ord. No. 3349.)
26-28-040 - Business Support
Services
A. Defnition
B. Standards
new defnition -
26-32-020(m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
26-34-010(q) (Ord. No. 6223, § XV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § IV, 3-
15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 29(x), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-44-010 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
--- --- ---
26-46-010 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5435 § 2(jj), 2003; Ord. No. 5342 § 3,
2002; Ord. No. 4973 § 10(a), 1996; Ord. No. 4643, 1993.)
26-48-010 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(ll), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), 1996;
Ord. No. 4643, 1993.)
26-50-010 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-28-050 - Cemeteries
A. Defnition
B. Standards
new defnition -
26-04-020 (o) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (o) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(p)(4) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020(bb) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-16-020(l) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-28-060 - Child Day Care:
Day Care Center
A. Defnitions
B. Standards
26-02-140 - defnitions (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-020 (o)(12) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020 (p)(16) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (p)(16) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
--- --- ---
26-10-020 (hh) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-16-020 (r) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11- 9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-28-070 - Commercial
Horse Facilities
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-020 (d) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-06-020 (d) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020 (d) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020 (m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-16-020 (f) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)
26-28-080 - Commercial
Kennel
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
--- --- ---
26-04-020 (o) (3) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-28-090 - Horse Boarding
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-16-010 (n) (Ord. No. 6223, § IX, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(G),
(I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No.
6081, § V, 7-29-2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No.
5883, § III, 3-30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(n), 2003; Ord. No. 5429, §
3(a), 2003; Ord. No. 5361, § 2(g), 2002; Ord. No. 5342, § 4, 2002; Ord. No. 5265, § 1(h), 2001;
Ord. No. 5016, § 1(F), 1997; Ord. No. 4985, § 1(b), 1996; Ord. No. 4973, § 5(a), 1996; Ord. No.
4723, § 1(g), 1993; Ord. No. 4653, § 1(h), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-28-100 - Homeless Shelter
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-28-110 - Lodging:
Agricultural Farmstay
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-28-120 - Lodging:
Agricultural Marketing
Accommodations
A. Defnition
B. Standards
26-88-086 (Ord. No. 6255, § II(Exh. B), 1-8-2019)
26-28-130 - Lodging: Bed and
Breakfast (B&B)
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
--- --- ---
26-30-020(v) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XX, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. 5790 § 1(g), 2008; Ord. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435
§ 2(u), 2003; Ord. No. 5265 § 1(l), 2001; Ord. No. 4973 § 8(b), (c), 1996; Ord. No. 4643, 1993.)
26-32-020(o) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-
15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No. 5342 § 3, 2002; Ord. No.
5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-020(gg) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§ II(C), (E),
12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(l),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(aa), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c), 1996; § Ord. No.
4643, 1993; Ord. No. 3348.)
26-42-010(p) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-28-140 - Lodging: Hosted
Rental
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-28-150 - Lodging: Hotel,
Motel, and Resort.
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-42-020(q) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-28-160 - Lodging:
Vacation Rental
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-06-010 (n) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c) 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
--- --- ---
26-08-010 (m) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-08-010 (f) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643, 1993.)
26-32-010 (r) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-
15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No. 5342 § 3, 2002; Ord. No.
5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-36-010 (y) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, §§ III,
IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No. 5435 § 2(z),
2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-42-010 (s) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-28-170 - Maintenance and
Repair Service, Non-Vehicular
26-32-010(b) (Ord. No. 6223, § XIV, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-
15-2016; Ord. 5790 § 1(h), 2008; Ord. No. 5435 § 2(v), 2003; Ord. No. 5342 § 3, 2002; Ord. No.
5265 § 1(m), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-28-180 - Medical Services:
Hospitals.
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-28-190 - Medical Services:
Ofces and Outpatient Care
new defnition -
26-28-200 - Personal Services new defnition -
26-30-010(a) (Ord. No. 6223, § XIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. 5790 § 1(f), 2008;
Ord. No. 5435 § 2(t), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 8(a), 1996; Ord. No. 4643,
1993.)
26-36-010(a) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, §§ III,
IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No. 5435 § 2(z),
2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-42-020 (Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-28-210 - Professional
Ofce
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
--- --- ---
26-36-010 (e) (Ord. No. 6223, § XVI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, §§ III,
IV, 3-15-2016; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(k), 2008; Ord. No. 5435 § 2(z),
2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
26-42-010 (c) (Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6145, § III, 3-15-2016; Ord. No. 6089, § I(b),
11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(f), 2003; Ord. No. 5342 § 3, 2002;
Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
New Code Existing Code Ordinance History
26-44-010 (k) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(hh), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a), (b),
1996; Ord. No. 4643, 1993.)
26-50-010 (e) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, § II(B),
12-20-2016; Ord. No. 5435 § 2(nn), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 4973 § 10(a),
1996; Ord. No. 4643, 1993.)
26-28-220 - Vehicle
Maintenance/Repair
new defnition -
26-46-020(d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805;
Ord. No. 2840; Ord. No. 2936.)
26-50-020(d) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(e), 5-
10-2011; Ord. No. 5711 § 6 (Exh. G), 2007: Ord. No. 5435 § 2(pp), 2003; Ord. No. 4973 § 10(b),
(c), 1996; Ord. No. 4643, 1993; Ord. No. 2936; Ord. No. 2840.)
26-28-230 - Veterinary Clinic 26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2, 2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A),
1994; Ord. No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No.
3805; Ord. No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-10-020 (k) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-10-020 (e) (Ord. No. 6189, § II(L), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6081, § VI, 7-29-
2014; Ord. No. 5964, § VII, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5883, § III, 3-
30-2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(o), 2003; Ord. No. 5429, § 3, 2003; Ord.
No. 5361, § 2(o), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, 1(i), 2001; Ord. No. 4973, §
5(b), (c), 1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3376; Ord. No. 3662;
Ord. No. 3403)

Article 30 - Transportation, Energy and Public Facilities Use Regulations

26-30-010 - Purpose of Article
26-30-020 - Airfelds and
Landing Strips: Agricultural,
Resource or Personal Landing
new defnition -
Strip
A. Defnition
B. Standards
--- --- ---
26-06-020(p)(6) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(p)(6) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-10-020(aa) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-14-020(d) (Ord. No. 5651 § 1(x), 2006; Ord. No. 5435 § 2(m), 2003; Ord. No. 5361 § 2(n), 2002; Ord. No.
5342 § 5, 2002; Ord. 4973 § 4(b)—(d), 1996; Ord. No. 4643, 1993.)
26-30-030 - Airfelds and
Landing Strips: Restricted
Use Airfeld
A. Defnition
B. Standards
new defnition -
26-34-020 (s) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-30-040 - Dispatch Facility
A. Defnition
B. Standards
new defnition -
26-34-020 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-46-020(l) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(c), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. No. 5569 § 8, 2005; Ord. No. 5435 § 2(kk), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 4973 § 10(b), (c), 1996; Ord. No. 4643, 1993; Ord. No. 3805;
Ord. No. 2840; Ord. No. 2936.)
26-30-050 - Low Temperature
Geothermal Resource
Development
A. Defnition
B. Standards
new defnition -
26-04-020(o)(8) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020(p)(12) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(p)(12) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-30-060 - Marinas
A. Defnition
new defnition -
B. Standards
--- --- ---
26-42-020(d) ( Ord. No. 6140, § II(Exh. B), 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord.
No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-30-070 - Oil and Gas
Exploration and Extraction
A. Defnition
B. Standards
new defnition -
26-10-020(jj) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-30-080 - Parking Facility
A. Defnition
B. Standards
new defnition -
26-32-020 Commercial Cannabis uses, in compliance with
Section 26-88-250 and
26-88-256.
(Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
26-30-010 - Purpose of Article
26-34-020 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-30-090 - Public Safety
Facilities
A. Defnition
B. Standards
new defnition
26-04-020(o)(5) (Ord. No. 6255, § IV, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 5964, § III, 1-31-2012; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003;
Ord. No. 5429 § 3, 2003; Ord. No. 5361 § 2(i), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 4973 §
3(b), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-06-020(p)(9) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(p)(9) (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-08-020(dd) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, §§ II(C), (L), 12-20-2016; Ord. No. 6145, § V, 3-
15-2016; Ord. No. 5964, § VI, 1-31-2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5651 § 1(u),
2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(i), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(l), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265 § 1(g), 2001; Ord. No. 4973 § 4(b),
(c), 1996; Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993.)
26-30-100 - Public Utility
Facility
A. Defnition
B. Standards
new defnition -
26-30-110 - Renewable
Energy Facilities
A. Defnition
B. Standards
new defnition -
26-04-010(i)(14) (Ord. No. 6255, § III, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § V, 5-8-2018;
Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No.
6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § III, 1-31-2012;
Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(b), 2003; Ord. No. 5429 § 3(a), 2003; Ord.No. 5361
§ 2(a), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5016 § 1(A), 1997; Ord. No. 4985 § 1(b), 1996;
Ord. No. 4973 § 3(a), 1996; Ord. No. 4723 § 1(b), 1993; Ord. No. 4653 § 1(c), 1993; Ord. No.
4643, 1993.)
--- --- ---
26-06-010(i)(14) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-08-010(i)(14) (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-10-010(ee) (Ord. No. 6223, § VIII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-24-2017; Ord. No. 6189, §§ II(B),
(G), (I), (K), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord.
No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-2010;
Ord. No. 5809 § 1(b), 2008; Ord. No. 5651 § 1(t), 2006; Ord. No. 5569 § 7, 2005; Ord. No. 5435
§ 2(h), 2003; Ord. No. 5429 § 3(a), 2003; Ord. No. 5361 § 2(d), 2002; Ord. No. 5342 § 4, 2002;
Ord. No. 5265 § 1(f), 2001; Ord. No. 5016 § 1(D), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No.
4973 § 4(a), 1996; Ord. No. 4723 § 1(e), 1993; Ord. No. 4653 § 1(f), 1993; Ord. No. 4643,
1993.)n
26-30-010 - Purpose of Article
26-30-120 -
Telecommunications Facilities
A. Defnition
B. Standards
26-02-140 (Ord. No. 6247, § II(Exh. A), 10-23-2018; Ord. No. 6245, § II(Exh. A), 10-16-2018; Ord. No.
6191, § IV(Exh. C), 1-24-2017; Ord. No. 6189, § II(A)(Exh. A-1), 12-20-2016; Ord. No. 6140, §
II(Exh. B), 1-5-2016; Ord. No. 6145, § II(Exh. A), 3-15-2016; Ord. No. 6089, § I(a), 11-24-2014;
Ord. No. 6085, § II(Exh. A), 10-7-2014; Ord. No. 6081, § II, 7-29-2014; Ord. No. 6046, § II(a), 9-
10-2013; Ord. No. 5964, § II, 1-31-2012; Ord. No. 5933, § II(a), 5-10-2011; Ord. No. 5908, § II,
11-9-2010; Ord. No. 5883, § II, 3-30-2010; Ord. 5790 § 1(a)—(e), 2008; Ord. No. 5715 § 2,
2007; Ord. No. 5711 § 2 (Exh. A), 2007; Ord. No. 5695 § 1, 2006; Ord. No. 5651 § 1(a)—(s)
2006; Ord. No. 5569 § 2, 2005; Ord. No. 5537 § 2(a), 2004; Ord. No. 5435 § 2(a), 2003; Ord. No.
5429 § 2, 2003; Ord. No. 5342 § 2,2002; Ord. No. 5265 § 1(a), 2001; Ord. No. 5009 § 1(B),
1997; Ord. No. 4991 § 1(b) — (g), 1996; Ord. No. 4985 § 1 (a), 1996; Ord. No. 4973 § 2(a), (b),
1996; Ord. No. 4906 § 8, 1995; Ord. No. 4839 § 1(A), 1994; Ord. No. 4781 § 2(A), 1994; Ord.
No. 4723 § 1(a), 1993; Ord. No. 4653 § 1(a, b), 1993; Ord. No. 4643, 1993; Ord. No. 3805; Ord.
No. 3615; Ord. No. 3465; Ord. No. 3376; Ord. No. 3349; Ord. No. 3340.)
26-04-010 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VI, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § IV, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(d), 2003; Ord.
5429 § 3(a), 2003; Ord. No. 5361 § 2(b), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(b),
2001; Ord. No. 5016 § 1(B), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(c), 1993; Ord. No. 4653 § 1(d), 1993; Ord. No. 4643, 1993.)
26-04-020 (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § IV, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(c), 2003; Ord. No. 5429 § 3, 2003; Ord. No.
5361 § 2(j), 2002; Ord. No. 5342 § 5, 2002; Ord. No. 5265, § 1(c), 2001; Ord. 4973 § 3(b), 1996;
Ord. No. 4781 § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-06-010 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § VII, 5-8-2018; Ord. No. 6191, § V(Exh. D), 1-
24-2017; Ord. No. 6189, §§ II(B), (G), (I), (J), 12-20-2016; Ord. No. 6145, § V, 3-15-2016; Ord.
No. 6089, § I(b), 11-24-2014; Ord. No. 6081, §§ III, IV, 7-29-2014; Ord. No. 5964, § V, 1-31-
2012; Ord. No. 5908, § II, 11-9-2010; Ord. No. 5569 § 7, 2005; Ord. 5435 § 2(f), 2003; Ord. No.
5429 § 3(a), 2003; Ord. No. 5361 § 2(c), 2002; Ord. No. 5342 § 4, 2002; Ord. No. 5265 § 1(d),
2001; Ord. No. 5016 § 1(C), 1997; Ord. No. 4985 § 1(b), 1996; Ord. No. 4973 § 3(a), 1996; Ord.
No. 4723 § 1(d), 1993; Ord. No. 4653 § 1(e), 1993; Ord. No. 4643, 1993.)
26-06-020 (Ord. No. 6255, § V, 1-8-2019; Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-
2016; Ord. No. 6145, § V, 3-15-2016; Ord. No. 5964, § V, 1-31-2012; Ord. No. 5908, § II, 11-9-
2010; Ord. No. 5569, § 7, 2005; Ord. No. 5435, § 2(g), 2004; Ord. No. 5429, § 3, 2003; Ord. No.
5361, § 2(k), 2002; Ord. No. 5342, § 5, 2002; Ord. No. 5265, § 1(e), 2001; Ord. No. 4973, § 3(b),
1996; Ord. No. 4781, § 2(B), 1994; Ord. No. 4643, 1993; Ord. No. 3662.)
26-30-130 - Truck/Bus/Freight
Terminal
new defnition -
A. Defnition
B. Standards
--- --- ---
26-32-020 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXI, 5-8-2018; Ord. No. 6189, § II(E), 12-20-
2016; Ord. No. 5933, § II(g), 5-10-2011; Ord. 5790 § 1(i), 2008; Ord. No. 5715 § 2, 2007; Ord.
No. 5569 §§ 5, 6, 7, 2005; Ord. No.5435 § 2(w), 2003; Ord. 5429 § 5, 2003; Ord. No. 5265 §
1(n), 2000; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
26-34-020 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6189, § II(C), 12-20-2016; Ord. No. 5933, § II(h), 5-
10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(j), 2008; Ord. No. 5569 §§ 5, 7, 2005;
Ord. No. 5435 § 2(y), 2003; Ord. No. 5429 § 2(y), 2003; Ord. No. 4973 § 9(b), (c), 1996; Ord. No.
4643, 1993.)
26-36-020 (Ord. No. 6245, § II, 10-16-2018; Ord. No. 6223, § XXII, 5-8-2018; Ord. No. 6189, §§ II(C), (E),
12-20-2016; Ord. No. 5933, § II(i), 5-10-2011; Ord. No. 5883, § IV, 3-30-2010; Ord. 5790 § 1(l),
2008; Ord. No. 5715 § 2, 2007; Ord. No. 5569 §§ 5, 6, 7, 2005; Ord. No. 5435 § 2(aa), 2003;
Ord. No. 5429 § 5, 2003; Ord. No. 5265 § 1(o), 2001; Ord. No. 4973 § 9(b), (c), 1996; § Ord. No.
4643, 1993; Ord. No. 3348.)
26-40-020 (Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(cc), 2003; Ord. No. 4643, 1993.)

(Ord. No. 6335, § IV(Exh. B), 2-9-2021)