Title 17 — Zoning[1]

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Title 17 - Zoning[[1]]

Footnotes:

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State Law reference— For statutory provisions on planning in general, see Gov. Code § 65000 et seq.; for provisions authorizing cities to regulate the use of land and building, see Gov. Code § 65800.

"Generally" means certain words and phrases, when used in this title, are defined as follows, unless the context of a particular provision clearly requires a different definition. The terms of phrases used in this title are technical or specialized, or may not reflect common usage. If any of the definitions in this chapter

conflict with the definition in other provisions of the Sonora Municipal Code, these definitions shall control for the purposes of this title. If a word is not defined in this chapter, or in other provisions of this title, the most common dictionary definition is presumed to be correct.

"Accessory" means customarily incidental, related and subordinate to the principal legal use of the parcel and located on the same parcel.

"Accessory building" means a detached building which is subordinate to, and whose use is customarily incidental to, that of the main building or structure on the same lot.

"Animal nuisance", see Sonora Municipal Code Section 6.04.020(D).

"Animal shelter" or "animal clinic" means a place where four or more household pets, livestock, poultry or other animals of more than four months of age are kept, boarded, trained or cared for.

"Automotive service station" means a retail place of business engaged primarily in the sale of motor fuels but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; and the performance of minor automotive maintenance and repair. The supplying of other incidental customer services is excluded except where such uses are otherwise permitted.

"Bed and breakfast establishment" means a residential structure, located in a residential zone (where allowed by use permit) which provides overnight accommodations for travelers or tourists, on a daily basis, and which serves meals to its guests, but not to the public generally, the price for which is included in the charge for lodging.

"Building" means a roofed structure designed or used for the support, shelter or enclosure of persons, animals, vehicles, or materials of any kind.

"Building coverage" means the total of ground floor areas of all buildings, including accessory buildings, occupying a parcel, expressed as a percentage of the area of such parcel.

"Building height" means the vertical dimension measured from the ground level to the highest point of the coping of a flat roof; or to the deck line of a mansard roof; or to the average height between eaves and the highest ridge of a gable, hip or gambrel roof or between eaves and the highest point of an arch roof.

"The California Register of Historical Resources" is the state register of cultural resources as established pursuant to Public Resources Code Sections 5020.1, 5020.5, 5020.7, 5024.1, 5024.5, 5024.6, 21084 and 21084.1.

"Cargo container" means a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The term "cargo container" shall not include a storage shed that is assembled at the site or a trailer with wheels used in the transport of freight. This term shall only apply to those containers that are accessory to the primary use of the property for the storage of directly related nonflammable, noncombustible, nonhazardous materials, and supplies. This definition

means also terms including "shipping container", "c-train", "conex box", and similar verbiage for means of implementation.

"Carport" means a covered motor vehicle parking structure accessory to a single- or multi-family residential use. It may be freestanding or attached to a single or multi-family structure. A carport shall be one story in height and entirely open on two or more sides except for structural supports. There can be no enclosed use above a carport.

"Chicken tractor" means a movable poultry coop lacking a floor.

"Child daycare facility" means a facility that provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child daycare facility includes daycare centers, employer-sponsored childcare centers, and family daycare homes. (Health and Safety Code Section 1596.750, as may be amended.)

"Commercial animal establishment", see Sonora Municipal Code Section 6.04.020(H) (1).

"Commission" means the planning commission of the City of Sonora.

"Community development department" means the city community development department administered by the community development director.

"Cottage food operation (CFO)" shall mean an enterprise in a private home where low- risk food products are prepared or packaged for sale to consumers and as more particularly defined in California Health and Safety Code Section 113758, as may be amended. "Low-risk foods products," for the purposes of a CFO, means those foods on the list of approved CFO food products maintained on the California Department of Public Health's website.

"Cultural resource(s) evaluation" means an evaluation of a building or structure prepared by a qualified professional(s), as determined by the community development director, using the criteria established by a cultural resources register which concludes with a determination of the building's eligibility for listing on a cultural resources register.

"Cultural resources register" means any of the following: the California Register of Historical Resources, the National Register of Historic Places, or any cultural resources register that may be adopted by the city.

"Daycare" means the same as "Child daycare facility."

"Daycare center" means any child daycare facility other than a family daycare home, and includes infant centers, preschools, extended daycare facilities, and school-age childcare centers. (Health and Safety Code Section 1596.76, as may be amended.)

"Days" means calendar days, except when the last day falls on a Saturday, Sunday or legal holiday, in which case the following day is included.

"Demolition" means any intentional act or process which results in the destruction of sixty percent or more of an individual building or structure. Demolition excludes maintenance and repair and activities involving interior features only.

"Domestic animal", see Sonora Municipal Code Section 6.04.020(L).

"Dwelling unit" means a building or self-contained portion thereof, designed or used as living quarters for not more than a family; a rental unit, such as in a motel, hotel or roominghouse, containing cooking or housekeeping facilities; and is exclusive of mobile homes.

"Emergency shelter" means housing, within buildings and structures that have been constructed in accordance with the California Building Standards Code, with on-site management and minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

"Employer-sponsored child care center" means any child daycare facility at the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer, and of the officers, managers, and employees of that employer. (Health and Safety Code Section 1596.771, as may be amended.)

"Family" means one individual, or two or more individuals related by blood, marriage or adoption, their servants, and not more than four unrelated individuals, occupying a dwelling unit as a single, nonprofit housekeeping unit.

"Family daycare home" means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a "large family daycare home" or a "small family daycare home". (Health and Safety Code Section 1596.78(a), as may be amended.)

"Floor area" means the total gross area of all floors, with a ceiling height of seven feet or more, of all buildings occupying a parcel, measured horizontally from the exterior faces of exterior walls or foundations, inclusive of enclosed or roofed porches or terraces, and exclusive of inner courts open vertically to the sky, and basements unless designed or used for the primary use of the building.

"Ground level" means the average elevation of the finished ground levels contiguous to the centers of the exterior walls or foundations of a building. When the front wall of a building is parallel to and not more than five feet from the street Right-of-Way, the ground level shall be the elevation of the crown of the street at a point opposite the center of such front wall.

"Guesthouse" means a detached building designed or used as sleeping quarters without cooking or housekeeping facilities, accessory to a one-family dwelling, and exclusive of a mobile home.

"Home occupation" means any use customarily carried on within a residential dwelling by the inhabitants thereof for which the inhabitants receive some form of remuneration, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and does not adversely affect the uses permitted in the zone and vicinity in which it is located, provided the home occupation is approved pursuant to the provisions of Chapter 17.59. "Home Occupation" excludes cottage food operations (CFOs) as defined in the California Health and Safety Code Section 113758 and governed pursuant to California Government Code Section 51035 and Sonora Municipal Code Section 17.77.030.

"Hotel" or "motel" means a building or group of buildings containing five or more rental units, with or without meals provided for the guests, and does not include bed and breakfast establishments.

"Junkyard" means storage of waste or salvaged metal or materials, unused vehicles, dismantling or demolition of machinery or vehicles, covering more than two hundred fifty square feet of land and not within a completely enclosed building.

"Large family daycare home" means a home that provides family daycare for nine to fourteen children, inclusive, including children under the age of ten years who reside at the home. (Health and Safety Code Section 1596.78(b), as may be amended.)

"Livestock" means domesticated hoofed animals, poultry, or rabbits.

"Maintenance and/or repair" includes, but is not limited to, work necessary for the ordinary upkeep of property in response to normal deterioration generally caused by natural forces other than neglect (e.g., weather). Maintenance or repair normally involves mending or fixing existing structural features rather than replacing them. Maintenance or repair normally involves the preservation of existing, or use of like, materials to mend or fix structural features without causing a change in exterior appearance.

"Minor accessory building or structure" means a one story building or structure less than one hundred twenty square feet in size as measured from the outside of the building or structure-except for carports regulated pursuant to Section 17.40.080. Includes, but is not limited to, garden sheds, play structures, greenhouses, gazebos, and art studios.

"Microbrewery" means a brewery that produces no more than fifteen thousand barrels of ales, beers, meads, hard ciders, and/similar beverages on-site per year, in keeping with the regulations of the Alcohol Beverage Commission and Bureau of Alcohol, Tobacco, Firearms and Explosives and other applicable state and local requirements.

"Mobile home" means a vehicle designed or used as a semipermanent dwelling unit.

"Mobile home park" means land designated or used for the rental of one or more spaces for the occupancy of mobile homes.

"The National Register of Historic Places" means the federal inventory of cultural resources established pursuant to 16 United States Code (U.S.C.) 470 (1966) under the authority of the Historic Sites Act of 1935 16 U.S.C. 461-467 (1935, and as amended) and the National Historic Preservation Act of 1966 (16 U.S.C. 470, 1966 and as amended)).

"Office" means a place where business is transacted or services are offered without the handling of goods or products.

"Owner" means the person having title to real property, singly or jointly, in fee simple, life estate, or under a term of ten years or more.

"Owner representative" means any person authorized by the owner to fully manage the transient use parcel.

"Parcel" means all contiguous land held by one owner and not traversed by a public street. See also Section 17.54.020.

"Parcel area" means land within the boundaries of a parcel measured horizontally, exclusive of:

A.

Vehicular or pedestrian rights-of-way or easements not for the exclusive use of the parcel on which it is located;

B.

Access strip to the parcel in excess of five percent of the total parcel area;

C.

All land normally under water for all or part of the year.

"Parcel width" means the horizontal distance between side parcel lines measured in a straight line substantially parallel to the street Right-of-Way, at such distance therefrom as specified in this title for any zone, exclusive of vehicular easement not for the exclusive use of the parcel.

"Pasture, grazing or unoccupied land", see Sonora Municipal Code Section 8.12.010.

"Person" means an individual, firm, corporation, partnership, association or similar entity.

"Place of entertainment" means a facility for theater, dance, sports or other amusement.

"Pot-bellied pig" is livestock for the purposes of Titles 6 and 17.

"Poultry" means domesticated fowl raised for meat or eggs. For the purposes of livestock keeping, "poultry" includes chickens (hens), pheasants, quail, doves, domestic turkeys and domestic hybrids of these species. For the purposes of livestock keeping, "poultry" excludes roosters, ducks, pigeons, guinea fowl, geese, peacocks, pea hens, guineas, chukars, grouse and all large fowl (e.g., ostriches, emus).

"Remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property.

"Rental unit" means sleeping accommodations with one individual bath and entrance, without cooking facilities, designed or used for lodging of guests for compensation.

"Repair", see "Maintenance."

"Residential transportation vehicle" means a car, truck, van or other vehicle driven by the occupants of the on-site residence for the purpose of personal transportation. "Residential transportation vehicle" includes vehicles used for both personal transportation and business uses, but excludes vehicles used solely for commercial purposes. Residential transportation vehicles do not include tractors, forklifts, dump trucks or similar vehicles that are not used for personal transportation to destinations off-site.

esidence for the purpose of personal transportation. "Residential transportation vehicle" includes vehicles used for both personal transportation and business uses, but excludes vehicles used solely for commercial purposes. Residential transportation vehicles do not include tractors, forklifts, dump trucks or similar vehicles that are not used for personal transportation to destinations off-site.

"Residential property" means any dwelling unit, except those dwelling units lawfully established as second units established pursuant to Chapter 17.55 of the Sonora Municipal Code or as part of a bed and breakfast inn, motel, hotel, timeshare development, or other transient use.

"Responsible tenant", means a person aged eighteen or older who has received notice of occupancy, parking and other limits that apply to the transient use parcel, and who has agreed to be responsible to ensure than impermissible or inappropriate behavior does not occur at the transient use parcel.

"Roominghouse" or "boardinghouse" means a building containing rental units designed or used for the lodging of three or more persons, with or without meals provided.

"Secretary of the Interior Standards" means those standards identified in the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects (36 Code of Federal Regulations 67), the Secretary of the Interior's Standards for Rehabilitation, and the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, with accompanying interpretive guidelines and as may be amended.

"Self-storage, indoor", means a structure consisting of individual, self-contained units leased for storage of business, commercial, or personal goods and belongings. A single self-storage, indoor facility will contain a variety of individual units inside a building that are rented out for the purpose of storing belongings. No retail sales are allowed from the individual units. One building per parcel shall be allowed with no outdoor storage permitted.

"Senior housing facilities" means a facility that provides housing for the elderly which includes services such as meals and laundry. These facilities may include live alone units as well as communal living where all meals are provided. The facilities also provide services for transportation to shopping and other activities. Some recreational and social events are provided on-site for the residents.

"Setback" means the distance from a parcel boundary or property line to the nearest exterior wall of a building.

"Setback line" means the line parallel to a property line at a distance from the property line equal to the yard requirement for structures at that location as specified in this title.

"Sign" means a structure or portion thereof and its support, located outdoors, and designed or used to attract the attention and communicate a specific message.

"Small family daycare home" means a home that provides family daycare for eight or fewer children, including children under the age of ten years who reside at the home. (Health and Safety Code Section 1596.78(c), as may be amended.)

"Small non-hoofed animal" means poultry or rabbits for the purposes of Section 17.77.020 (Livestock Keeping).

"State housing law" means California Health and Safety Code Division 13 (Housing), Part 1.5 (Regulation of Buildings Used for Human Habitation), Section 17910 et seq., as may be amended.

"Story" means part of a building between the level of any floor and the level of the floor next above, or the ceiling above in the case of the uppermost floor. A basement or cellar with a ceiling height of seven feet or more shall be considered a story if the vertical distance from ground level to ceiling exceeds the vertical distance from ground level to floor below. A mezzanine with a ceiling height of seven feet or more shall be considered a story if its floor area exceeds one-third of the floor area immediately below it.

"Half story" means the uppermost story with a floor area not exceeding two-thirds of the floor area immediately below it. An attic with a ceiling height of seven feet or more shall be considered a half story if its floor area exceeds one-third of the floor area immediately below it.

"Street" means any land permanently designed or used for the passage of vehicles, not for the exclusive access to one parcel, whether in public or private ownership. The Right-of-Way lines of such streets are those established by recorded subdivision maps, precise street plans, deeds or other instruments creating them. The Right-of-Way lines of streets created by use without instruments follow the limits of such use and its accessory drainage ways.

"Structure" means anything constructed or erected, requiring placement on or in the ground directly or by means of another structure and generally created primarily for purposes other than sheltering human activity.

"Transient" means a period of time less than thirty consecutive calendar days.

"Transient use" means the commercial use, by any person, or residential property for transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy is less than thirty consecutive calendar days.

"Transient use of residential property" and "transient use parcel" mean property occupied and used for transient or short-term rental purposes.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

"Transmission line" means a power line of fifty thousand volts potential or over, sewer or water line of twelve inches inside diameter or over, a gas pipe of six inches inside diameter or over, or a toll telephone line.

"Tri-level senior community" means a community that provides progressive care for the elderly including all of the following: live alone, self-sufficient, units either in a single- family or multi-family residential structure, assisted living where some services are provided such as laundry, meals, and long-term care facilities that include full care including medical care and administration of medication.

"Use" means the purpose for which a parcel or structure is occupied, maintained, designed or intended.

"Wireless telecommunication facilities" means facilities that consist of commercial wireless communication systems, including but not limited to cellular, PCS, paging, broadband, data transfer, and any other type of

technology that fosters wireless communication through the use of portable electronic devices. A facility includes all supporting structures and associated equipment.

"Yard" means open space unoccupied from the ground level vertically to the sky on a parcel.

"Front yard" means the area between any contiguous street Right-of-Way and a line drawn parallel thereto at such distance therefrom as specified in this title for any zone, and extending between side parcel lines.

"Rear yard" means the area between the rear parcel line and a line drawn parallel thereto at such distance therefrom as specified in this title for any zone extending between side parcel lines.

"Side yard" means the area between each side parcel line and a line drawn parallel thereto at such distance therefrom as specified in this title, for any zone.

(Ord. 816, 2013; Ord. 814, 2012; Ord. 811, 2012; Ord. 808, 2012; Ord. 801, 2012; Ord.800, 2011; Ord. 613, 1985; Ord. 587, 1983; Ord. 376 § 10-1-4 (part), 1967; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 845 on 12/18/2017; Amended by Ord. 851 on 12/17/2018; Amended by Ord. 855 on 3/4/2019; Amended by Ord. 865 on 4/20/2020; Amended by Ord. 891 on 6/9/2023)

17.06 - Applicability

This title applies to all incorporated land within the boundaries of the city and to all land annexed to the city after the effective date of the ordinance codified in this title, immediately upon the effective date of annexation.

(Ord. 537 (part), 1980: Ord. 376 § 10-2-1, 1967.)

17.06.020 - Public Agencies

Except as otherwise specified in this title, this title applies to all agencies of the United States, any state, county, city and public district insofar as this title does not conflict with any valid law of the United States or the state. All required fees are waived for these agencies.

(Ord. 376 § 10-2-2, 1967.)

This title shall not be construed to reduce, annual or otherwise interfere with private easements, covenants or agreements; provided, however, that the provisions of this title shall govern whenever they are more restrictive.

(Ord. 376 § 10-2-3, 1967.)

Prior to and upon adoption of, any resolution which commences formal annexation proceedings, the council shall refer the zoning of the affected territory for report and recommendation of the planning

commission. The commission shall hold a public hearing on the matter, and report to the council its considerations and findings, making such recommendation for zone classification as it may agree upon by a majority vote of its membership. The council shall also hold a public hearing on the matter of zoning, which may be held in conjunction with any public hearing on the question of annexation. Following such hearing, and after receipt of the planning commission report, the council shall determine the proper zoning, and concurrently with the ordinance of annexation the council shall classify the annexed territory.

(Ord. 537 (part), 1980.)

The OS zone is established in order to:

A.

Assure the continued availability of land for recreational use;

B.

Protect scenic qualities enhancing the rural and historic character; and

C.

Conserve sensitive wildlife habitats and riparian corridors.

(Ord. 713 § 1 (part), 1996.)

17.11.020 - Uses Allowed by Use Permit

In the OS zone, the following uses shall be permitted upon the granting of a use permit by the planning commission, pursuant to Chapter 17.62 of this code:

A.

Areas of land and water that are unimproved, undeveloped areas;

B.

Uses for the preservation of natural resources, such as areas required for plant or animal life preservation; areas required for ecological or other scientific purposes; streams and streamside habitat; and watershed lands;

C.

Uses for managed resource production, including rangeland; agricultural lands; streams important for management of commercial fisheries; and areas of mineral deposits;

D.

Uses devoted to outdoor recreation, including areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to streams; areas which serve as links between major recreation and open space reservations, including utility easements, banks of streams, trails, and scenic highway corridors;

E.

Uses promoting public health and safety, such as special management areas because of hazards present such as fault zones, flood plain, unstable soils, or high fire risk;

F.

Any other uses determined by the planning commission to be consistent with the open space provisions of the city general plan, and with the purposes of this chapter.

(Ord. 713 § 1 (part), 1996.)

Because of the unique nature of lands zoned OS, the land and structure regulations for areas so classified, with respect to minimum height and parcel size, density, yard setbacks, and parking and loading requirements shall be determined by the planning commission at such time as a use permit is considered pursuant to this chapter. (Ord. 713 § 1 (part), 1996.)

The city council finds and declares that this chapter is not intended, and shall not be construed, as authorizing the city to exercise its power to adopt, amend or repeal an open space zone in a manner which will take or damage private property for public use without the payment of just compensation therefor. This

section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States.

(Ord. 713 § 1 (part), 1996.)

The R-1 zone is established in order to:

A.

Provide for the development of single-family residences in areas feasibly served by utilities, streets, schools, recreation areas, and other necessary facilities;

B.

Create conditions conducive to a desirable residential environment, protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

C.

Insure light, air, privacy and usable open spaces for residential living, and freedom from traffic or fire dangers;

D.

Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations, and in harmony with the neighborhood.

(Ord. 376 §10-5-5(A), 1967.)

17.16.020 - Uses Allowed by Right

In the R-1 zone, uses allowed by right are as follows:

A.

One-family dwelling, one guesthouse, renting of not more than one room;

B.

Transient residential use of a single-family residential structure per parcel in conformance with Chapter 17.64.

(Ord. 600 §2 (part), 1985; Ord. 376 §10-5-5(B), 1967.; Amended by Ord. 824 on 2/2/2015)

17.16.030 - Land and Structure Regulations

In the R-1 zone, the land and structure regulations are as follows:

A.

Minimum parcel area: six thousand square feet;

B.

Minimum parcel area per dwelling unit: six thousand square feet;

C.

Maximum building coverage: thirty-five percent;

D.

Minimum parcel width: sixty feet;

E.

Minimum yards: front, ten feet; sides, ten percent of the parcel width or ten feet, whichever is less; rear, twenty feet;

F.

Maximum building height: thirty-five feet, two stories.

(Ord. 376 §10-5-5(C), 1967.)

17.18 - R-2 - Limited Multifamily Residential Zone

The R-2 zone is established in order to:

A.

Provide for the development of duplexes and other types of residences, and multifamily dwellings in garden apartments, in areas properly located in relation to commercial and other residential areas, and where utilities, streets, schools, recreation areas and other necessary facilities can feasibly serve a medium population density;

B.

Create conditions conducive to a desirable residential environment, protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

C.

Insure light, air, privacy and usable open spaces for residential living and freedom from traffic or fire dangers;

D.

Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations, and in harmony with the neighborhood.

(Ord. 376 §10-5-6(A), 1967.)

17.18.020 - Uses Allowed by Right

In the R-2 zone, uses allowed by right are as follows:

A.

One-family or multifamily dwelling having a ground level access for each dwelling unit up to a maximum of four dwelling units per building, roominghouse or boardinghouse;

B.

Public park or playground, golf course;

C.

Transient residential use of a single-family residential structure per parcel in conformance with Chapter 17.64.

(Ord. 600 §2 (part), 1985; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-6(B), 1967.; Amended by Ord. 824 on 2/2/2015)

17.18.030 - Land and Structure Regulations

In the R-2 zone, the land and structure regulations are as follows:

A.

Minimum parcel area: five thousand square feet;

B.

Minimum parcel area per dwelling unit: four thousand square feet;

C.

Maximum building coverage: fifty percent;

D.

Minimum parcel width: fifty feet;

E.

Minimum yards: front, ten feet; sides, ten percent of the parcel width or ten feet, whichever is less; rear, fifteen feet;

F.

Maximum building height: thirty-five feet, two stories.

(Ord. 376 §10-5-6(C), 1967.)

17.20 - R-3 - Multifamily Residential Zone

The R-3 zone is established in order to:

A.

Provide for the development of multifamily dwellings in apartments in areas properly located in relation to commercial and other residential areas, and where utilities, streets, schools, recreation areas and other necessary facilities can feasibly serve a high population density;

B.

Create conditions conducive to a desirable residential environment;

C.

Protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing residences, and limit the continuance of such uses in existence in the area;

D.

Insure light, air, privacy and usable open spaces for residential living and freedom from traffic or fire dangers;

E.

Provide for those facilities primarily serving the neighborhood and serving it best by being located within it, providing such facilities are in the appropriate locations, and in harmony with the neighborhood.

(Ord. 376 §10-5-7(A), 1967.)

In the R-3 zone, uses allowed by right are as follows:

A.

One-family or multifamily dwelling with no limitation on the number of dwelling units;

B.

Public park or playground, golf course;

C.

Roominghouse or boardinghouse;

D.

Transient residential use of two residential units per parcel in conformance with Chapter 17.64;

E.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities;

F.

Emergency shelter with sixteen or less beds, however, emergency shelters are prohibited from operating within three hundred feet of any other emergency shelter, school, youth center, or daycare. City must be provided verification of property insurance.

(Ord. 600 §2 (part), 1985; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-7(B), 1967.; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 865 on 4/20/2020)

17.20.030 - Land and Structure Regulations

In the R-3 zone, the land and structure regulations are as follows:

A.

Minimum parcel area: five thousand square feet;

B.

Minimum parcel area per dwelling unit: two thousand square feet;

C.

Maximum building coverage: fifty percent;

D.

Minimum parcel width: fifty feet;

E.

Minimum yards: front, ten feet; sides, five feet; rear, ten feet; for all yards: five feet, additional for each story in excess of two;

F.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 524 §3, 1979; Ord. 376 §10-5-7(C), 1967.)

17.22 - CO - Tourist and Administrative Zone

The CO zone is established in order to:

A.

Provide the land necessary to serve the vacationers and travelers, recognizing the importance of the tourist industry to the economy of the city;

B.

Provide for the development of lodging facilities in areas properly located in relation to residential and commercial areas, and to the demand for such facilities;

C.

Create conditions conducive to a harmonious residential or resort environment desirable to tourists; protect it from the encroachment of unrelated uses affecting the development of vacant land and detrimental to existing properly located areas of lodging facilities, and limit the continuance of such uses in existence in these areas;

D.

Provide for properly planned accessory eating and drinking establishments, and other related services and commercial uses.

(Ord. 376 §10-5-8(A), 1967.)

In the CO zone, uses allowed by right are as follows:

A.

One-family or multifamily dwelling with no limitation on the number of units, roominghouse or boardinghouse;

B.

Motel, hotel, bed and breakfast;

C.

Public park or playground, golf course;

D.

Offices, clubs and associations, churches, clinics, hospitals, banks and similar uses having compatible bulk, use nuisance value, and outward appearance, as determined by the planning commission;

E.

Transient residential use in conformance with Chapter 17.64;

F.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities;

G.

Eating and drinking establishment;

H.

Retail: New and used when fully enclosed in a building.

(Ord. 600 §2 (part), 1985; Ord. 527 §1, 1979; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-8(B), 1967.; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 857 on 7/15/2019)

17.22.030 - Land and Structure Regulations

In the CO zone, the land and structure regulations are as follows:

A.

Minimum parcel area: four thousand square feet;

B.

Minimum parcel area per dwelling unit or rental unit: two thousand square feet for each unit; except for motels and hotels, one thousand square feet for each guest unit;

C.

Maximum building coverage: fifty percent;

D.

Minimum parcel width: thirty feet;

E.

Minimum yards: front, ten feet; sides, five feet; rear, ten feet; for all yards: five feet, additional for each story in excess of two; for hospitals the minimum yard shall be five feet on sides and rear, except that a hospital may be constructed on the property line if the wall is a fireproof one without openings;

F.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 527 §2, 1979; Ord. 524 §1, 1979; Ord. 376 §10-5-8(C), 1967.)

17.24 - C - Commercial Zone

The C zone is established in order to:

A.

Provide the land necessary for retail sale and services, entertainment and other light commercial activities to serve the residents of the community;

B.

Provide for the development of commercial facilities concentrated in well planned areas properly located in relation to access, topography and residential areas;

C.

Create conditions conducive to a convenient and desirable environment for customers and employees, and protect it from the encroachment of objectionable or dangerous uses and uses which could be located in areas less suited for light commercial activities.

(Ord. 376 §10-5-9(A), 1967.)

In the C zone, uses allowed by right are as follows:

A.

Professional or business office, studio, place of entertainment, and new and used retail sale when fully enclosed in a building; eating or drinking establishment; retail service, exclusive of automobile sale or service;

B.

Multifamily dwelling above ground level with no maximum limitation of number of units, motels and hotels, bed and breakfasts; all subject to all land and structure regulations of the CO zone;

C.

Place of worship and accessory social activities;

D.

Park, playground, golf course;

E.

Club or association;

F.

Hospital, dispensary, clinic;

G.

Public utility structure, fire station;

H.

(Repealed by Ord. 600);

I.

Mixed residential and commercial use, in a single story structure, provided the structure is in existence as of the effective date of the ordinance codified in this chapter; that it is impracticable or impossible to separate the uses by floor; that the residential and commercial uses are separated pursuant to the building code and have separate entrances; and, that parking be provided for the residential use separate and apart from the commercial use;

J.

Transient residential use in conformance with Chapter 17.64;

K.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities.

(Ord. 600 §2, 1985; Ord. 585, 1983; Ord. 478 §2 (part), 1975; Ord. 376 §10-5-9(B),1967.; Amended by Ord. 822 on 2/2/2015; Amended by Ord. 824 on 2/2/2015; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 857 on 7/15/2019)

17.24.030 - Land and Structure Regulations

In the C zone, the land and structure regulations are as follows:

A.

Minimum parcel area: four thousand square feet;

B.

Maximum building coverage: eighty percent;

C.

Minimum parcel width: thirty feet;

D.

Minimum yards: sides and rear, five feet or on the property line if fireproof wall without opening;

E.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 524 §2, 1979; Ord. 376 §10-5-9(C), 1967.)

17.26 - CG - General Commercial Zone

The CG zone is established in order to:

A.

Provide the land necessary for wholesale, bulk storage, industrial services, processing, packing and other heavy commercial activities to serve the community, and provide employment and income for its residents;

B.

Provide for the development of heavy commercial service facilities, concentrated in well planned areas properly located in relation to utilities, access, topography, and residential uses;

C.

Create conditions conducive to a convenient and desirable working environment, control the objectionable or dangerous effects of certain uses necessary in the community but detrimental to other areas, and protect the areas designated under this zone against the encroachment of uses which could be better located in areas less suited for heavy commercial activities.

(Ord. 376 §10-5-10(A), 1967.)

17.26.020 - Uses Allowed by Right

In the CG zone, uses allowed by right are as follows:

A.

Bulk storage, wholesale, packing, truck, bus, taxi, or rail terminal;

B.

Processing, services or research, provided that no odor, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, radioactive or waste material is produced or emitted beyond the confines of the property onto contiguous properties or into the air or watercourses, to an extent constituting a nuisance, and provided it does not constitute a physical hazard to persons or properties beyond the confines of the property by reason of fire, explosion, or similar cause;

C.

Animal clinic or shelter;

D.

Gas station, new and used automobile sale and service;

E.

Church or other places used exclusively for religious worship;

F.

One dwelling for caretaker, watchman or person primarily employed on the property and his immediate family;

G.

Office, bank or retail sales;

H.

Public utility structure, fire station;

I.

Rest homes, convalescent homes, tri-level senior communities, senior housing facilities;

J.

Eating and drinking establishment;

K.

Motel, hotel;

L.

Clubs or associations, clinics, hospitals, dispensary;

M.

Studio, place of entertainment, shopping center, theater.

(Ord. 600 §2, 1985; Ord. 376 §10-5-10(B), 1967.; Amended by Ord. 832 on 11/16/2015; Amended by Ord. 857 on 7/15/2019)

In the CG zone, the land and structure regulations are as follows:

A.

Minimum parcel area: four thousand square feet;

B.

Maximum building coverage: sixty percent;

C.

Minimum parcel width: sixty feet;

D.

Minimum yards: front, ten feet; sides and rear, five feet or on the property line if fireproof wall without opening;

E.

Maximum building height: thirty-five feet, except as set forth in Section 17.60.040(J).

(Ord. 812, § 1, 9-17-2012; Ord. 376 §10-5-10(C), 1967.)

17.28 - ML - Limited Manufacturing Zone

The ML zone is created in order to allow for workshops and other places of hobby, employment and manufacturing which may create noise, odors or other nuisances which would be detrimental to residential or business environments or to the historic character of the established portions of the city preexisting 1967.

(Ord. 376 §10-5-11(A), 1967.)

17.28.020 - Uses Allowed by Right

In the ML zone, uses allowed by right are as follows:

A.

Any use permitted in other zoning districts of Sonora, except residential;

B.

Manufacturing, limited to such activities as will produce no air or water pollution, or otherwise endanger public health or safety;

C.

Billboards or other signs advertising products or services not produced or sold on the premises where such signs may be located;

D.

Self-storage, indoor.

(Ord. 376 §10-5-11(B), 1967.; Amended by Ord. 855 on 3/4/2019)

In the ML zone, the maximum building height is thirty-five feet.

(Ord. 376 §10-5-11(C), 1967.)

The planned development combining zone is created in order to provide for the efficient and economical usage of existing buildings, structures and land within developed areas of the city, while substantially preserving the character of the primary zoning district in which such building, structure or land is located. It is intended that the: PD zone be combined with other primary zoning districts in order to allow for minor flexibility in the enforcement of land use, land and structure regulations of the primary zoning district for projects which have special features beneficial to the city or its residents and property owners. It is further intended that the: PD zone be utilized for developed properties of less than one acre, and for properties fully or partially developed in accordance with an overall development plan under Chapter 17.30 of this title.

(Ord. 572 (part), 1972.)

Uses allowed by right are all of those uses which are allowed by right in the underlying zone (primary zone) with which the planned development combining zone is combined. Where properties are partially or fully developed under Chapter 17.30 of this title, they shall first be zoned to the primary zoning district they most

nearly resemble, and be subject to the permitted uses, conditions, and requirements of its adopted development plan pursuant to Chapter 17.30 of this title.

(Ord. 572 (part), 1982.)

Notwithstanding other provisions of this code to the contrary, the following uses may be permitted subject to conditions and requirements as determined by the planning commission and city council in issuance of a planned development permit:

A.

Condominiums, stock cooperatives, community apartments, and other undivided-interest projects with exclusive occupancy provisions;

B.

Condominium conversions of residential and commercial properties;

C.

Mixed land-use projects where more than fifty percent of the building, structure, or land is devoted to a use permitted by the primary zoning district;

D.

Projects of similar burden of use than uses which would be permitted in the primary zoning district, as determined by the planning commission;

E.

Projects of substantial public improvement or substantial economic or cultural benefit to the city, its residents, business community and property owners in the opinion of the planning commission and city council.

(Ord. 572 (part), 1982.)

Terms, conditions, provisions, limitations, restrictions and requirements normally imposed on a planned development permit may be more or less restrictive than those required in the underlying zone. Such conditions and requirements shall be designed to protect and maintain property values and community amenities in the subject area, and foster and maintain the health, safety and general welfare of the city, its property owners and residents.

(Ord. 512 (part), 1982.)

A.

When combined with a primary zone, all land and structure regulations of the underlying primary zone shall apply, unless specifically modified by the approved planned development permit. Such modifications may only include modifications to the following items:

1.

Minimum parcel area;

2.

Maximum building coverage;

3.

Minimum parcel width;

4.

Minimum yards and setbacks;

5.

Maximum building height;

6.

Parking requirements.

B.

Maximum residential density shall remain as permitted in the underlying zone. (Ord. 572 (part), 1982.)

The provisions of this chapter do not supersede other regulations of this code unless specifically indicated, nor other federal, state or local regulations and ordinances.

(Ord. 572 (part), 1982.)

Planned development combining zones may be established upon application of a property owner or upon the initiative of the planning commission or city council in accordance with procedures set forth in Chapter 17.68 for amendment of zoning. An application to combine a planned development zone with an underlying zone shall require submission by the applicant of a development plan in accordance with Section 17.30.080 and other appurtenant data, along with fees as adopted by resolution of the city council. Where the project is combined with applications for a tentative subdivision map or design-review historic zone, consideration of these matters may be processed concurrently.

(Ord. 572 (part), 1982.)

A.

Upon completion of a final determination of the planned development combining zone by the city council, a planned development permit specifying the terms, conditions, provisions, limitations, restrictions and requirements of the project will be issued for the project by the building official upon application. No building permit may be issued for the project unless such building permit plans are in accordance with all elements of the planned development permit.

B.

Where specific terms, conditions, provisions, limitations, restrictions and requirements have not been specified in the rezoning process, or where modifications or changes are requested to the project or conditions and requirements, the planned development permit shall be considered by the planning commission under the procedures specified under Chapter 17.62 of this title.

C.

Minor changes not involving specific terms, conditions, provisions, limitations, restrictions and

requirements of the planned development permit and not involving new uses may be made upon written approval of the building official.

(Ord. 572 (part), 1982.)

17.32 - Design Review[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, amended Ch. 17.32 in its entirety. The former chapter pertained to design review/historic zone and all prior derivations are maintained in the history notes, except for Ord. 553, 1981.

The purpose of design review is to:

A.

Preserve the buildings and character of those areas of the city which are either historic in nature or are close to historic structures.

B.

Promote the harmonious appearance of structures in other parts of the town which are not of a historic character.

C.

Protect and enhance the historic gold rush period architecture, 1852 to 1900, in the historic area.

D.

Establish design elements which are compatible with those and other areas of the city having special aesthetic interest.

E.

Establish a method for determining compliance with this title and to promote the orderly development of the city, the stability of land values and investments, and the general welfare, by preventing the impairment of land values through the erection of structures, or alterations, or additions without proper attention to compatibility of design.

F.

Ensure building design that encompasses the unifying values of human scale and the use of natural materials and their role in preserving character and avoid out-of-scale or incompatible design.

G.

Maintain a tradition of architectural diversity that enhances the character of the commercial districts.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 1, 1989; Ord. 569 § 2, 1982; Ord. 525 § 4, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

17.32.020 - (Reserved)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.020, which pertained to uses allowed by right and derived from Ord. 808 §2 (part), 2012; and Ord. 525 § 3, 1979.

17.32.030 - Designation of Design Review Boundary

The requirements of this chapter shall apply to:

A.

All property within the commercial zone, general commercial zone, limited manufacturing zone and tourist and administrative zone, and

B.

Historic area: All property within an area bounded on the north by Elkin Street, on the south by Church Street, on the east by the centerline of Stewart Street and on the west by the centerline of Green Street. For the purposes of this chapter, the above described area shall also be known as the "historic area."

(Ord. 808 § 2 (part), 2012; Ord. 647 § 1, 1989; Ord. 569 § 2, 1982; Ord. 5 25 § 4, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.040, which pertained to planning commission serving as the design review/historic committee and derived from Ord. 808 §2 (part), 2012; Ord. 569 § 3, 1982; and Ord. 525 § 5, 1979.

A.

Each applicant for a building permit which would authorize new construction, or exterior alterations, additions or modifications of any building or structure, or part thereof within the design review boundary shall first obtain approval of the building plans and materials for the proposed exterior changes from the planning commission. An applicant for new construction or exterior alterations, additions or modifications shall furnish complete elevation details (i.e., drawings of the building exterior) and specifications, plot plan, and such other information as the planning commission may require.

B.

Nothing in this section shall be construed to require design review approval by the planning commission, in the following situations:

1.

Ordinary maintenance or repairs of any such structure which does not involve a change in design, exterior material or original appearance of a structure;

2.

Any construction, reconstruction, alteration, or removal of any feature, or appurtenance which has been determined by the city building official to be necessary to protect health or safety;

3.

New single family residential construction.

4.

Any exterior alterations, additions or modification of any single family residence less than fifty years of age.

5.

Any construction, reconstruction, alteration or removal of an awning or roofing material provided that such awning or roofing material is aesthetically, architecturally, and historically appropriate as determined by the community development director.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 4, 1982; Ord. 558, 1981; Ord. 549, 1981; Ord. 525 § 6, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.060 - Considerations - Gold Rush or Mother Lode Architecture - Inventory of Historical Structures

A.

When considering the approval of plans for a building which is itself a historic structure, or is adjacent to a historic structure, the planning commission shall consider its conformity with the features found either on the original building or on those typical of the period in which the structure was constructed. The following structures are deemed to have historical significance and are typical, in design features, of buildings which exemplify "Gold Rush or Mother Lode" architecture of the 1852-1900 period:

1.

77 N. Washington Street;

2.

First level, 132 N. Washington Street;

3.

84 N. Washington Street;

4.

Upper level, northwest corner of N. Washington and Dodge;

5.

51 N. Washington Street;

6.

23 N. Washington Street;

7.

21 N. Washington Street;

8.

38 N. Washington Street:

9.

24 N. Washington Street:

10.

139 S. Washington Street;

258 S. Washington Street;

286 S. Washington Street;

13.

64 S. Washington Street.

B.

In any review of the exterior features of a proposed new structure or remodeling, the planning commission shall be guided by the features found in the above listing, and by design guidelines as may be adopted by resolution of the city council. The design and exterior materials of construction shall reflect the traditional architectural characteristics of the community, blend with the adjacent neighborhood, or be consistent with any applicable design standards in the general plan or as provided in this title. Any new structure which is adjacent to historic buildings shall be designed to be compatible with its neighboring buildings.

(Ord. 808 § 2 (part), 2012; Ord. 767, 2004.; Amended by Ord. 860 on 10/7/2019)

In addition to the provisions of Section 17.32.060, the following activities within the design review boundary shall first obtain approval from the planning commission:

A.

Sandblasting of all masonry surfaces on buildings or structures fifty years or older;

B.

The placement of nonresidential manufactured or modular buildings.

C.

Accessory structures, which are in excess of one hundred twenty square feet and require a building permit.

D.

Murals, defined as the temporary or permanent application of a picture, illustration, scene, depiction, or graphic representation, either painted or applied through other media or materials, directly on a wall or on panels attached to walls. Murals are considered an integral part of the architectural theme, and primarily are not intended to direct attention to products, goods, services, events or entertainment, and are therefore considered to be public art, and not signs. Mural sponsor and artist names may be incorporated but shall be discreet and not exceed five percent of the design. The mural shall have a weatherproof and vandalismresistant coating. The mural must be properly maintained to ensure that material failure is corrected and vandalism removed promptly. The maintenance of the mural will be the responsibility of the property owner. Review criteria to include:

The installation of the mural shall complement and enhance the building and be incorporated architecturally into the building facade.

2.

The location of the mural on the building shall not cover or detract from significant or character-defining architectural features.

3.

Murals shall enhance and complement the character of the surrounding neighborhood.

4.

The scale of the mural shall be appropriate to the building and the site.

5.

The mural shall be an original design.

6.

Preference shall be given to murals with a subject matter having an historic/cultural theme reflecting the history and background of the city and/or Tuolumne County.

7.

Qualifications of the mural artist, paint and/or other media or materials to be utilized.

(Ord. 808 § 2 (part), 2012; Ord. 744 § 1, 2000; Ord. 736, 1998; Ord. 693 § 1, 1994; Ord. 676 § 1, 1992.; Amended by Ord. 860 on 10/7/2019; Amended by Ord. 891 on 6/9/2023)

When considering the plans for a structure which is outside the historic area, the following shall be considered by the planning commission:

A.

All structures shall be in good proportions; have simplicity of mass and detail and shall not be inharmonious with the other buildings in the city of like class and type; there shall be an appropriate and fitting use of materials; colors shall be in good taste and never harsh or garish, but in harmony with themselves and their environment.

B.

The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed by the community development department. Signs within the historic area shall be reviewed by the community development department in accordance with the requirements of Section 15.28.165. No signs shall be approved in excess of the limits or requirements of any ordinance of the city without prior approval of the planning commission as per Section 15.28.440.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 7 (part), 1979.; Amended by Ord. 860 on 10/7/2019)

Applications for design review approval shall be submitted to the community development department on forms provided by the city for that purpose. Such applications shall be accompanied by a fee as adopted by resolution by the city council.

(Ord. 808 § 2 (part), 2012; Ord. 600 § 4 (part), 1985; Ord. 525 § 8, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.090 - Design Approval - Plans - Decision of Planning Commission

The planning commission may approve or disapprove all or any part of plans or may approve subject to specified changes, additions or conditions. Disapproved plans may be resubmitted, after revision or correction, without payment of additional fee by applicant.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 6, 1982; Ord. 525 § 9, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.100 - Appeals

Any appeal from a decision of the planning commission shall be filed as follows: by filing a notice of appeal in writing, along with the one hundred dollar appeals fee, to the community development department, prior to the close of the tenth day following the day of action of the planning commission. Any notice of appeal shall set forth specific grounds upon which the appeal is taken and shall be signed by the person or persons appealing. Either the applicant or proponent or any interested person may appeal a decision of the planning commission. Such decision becomes final if an appeal is not filed within the time herein specified.

(Ord. 808 § 2 (part), 2012; Ord. 600 § 4 (part), 1985; Ord. 525 § 10, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.110 - Appeals - Placed on City Council's Agenda

Upon the filing of such appeal, the city clerk shall place the appeal on the agenda of the next regular meeting of the city council.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 11, 1979.; Amended by Ord. 860 on 10/7/2019)

17.32.120 - Appeals - Determination by City Council

At the time set for hearing the appeal, the city council shall proceed to hear and determine the same. The hearing may be continued, at the discretion of the city council, in order to obtain further facts or hear further witnesses. Any determination by the city council shall be final and conclusive and not subject to further appeal.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 12, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

17.32.130 - (Reserved)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.130, which pertained to secretary/community development director and derived from Ord. 808 §2 (part), 2012; and Ord. 525 § 13, 1979.

No building shall be constructed on a parcel unless in compliance with all the area requirements in this chapter.

(Ord. 376 § 10-4-2 (part), 1967.)

Provisions of this title imposed on minimum parcel area shall not apply to a parcel of record or a parcel divided and conveyed by valid deed or written contract of sale, executed before the effective date of such provision made applicable to such parcel.

(Ord. 376 § 10-4-2(A), 1967.)

No parcel shall be reduced in area so as to be smaller than required by this title, nor shall it be divided to create parcels smaller than required by this title. If already less in dimension or area, it shall not further be reduced or divided. Unless served by a community water system and public sewer system available to each residential parcel, no parcel shall be divided.

(Ord. 600 § 6 (part), 1985; Ord. 376 § 10-4-2(B), 1967.)

The parcel shall have the minimum area required by the zone regulations for the particular zone. In addition to compliance with the minimum parcel area, any parcel on which dwelling units or rental units are proposed shall also comply with the minimum parcel area for each such unit required by the zone regulations. An increase in the number of such units existing on a parcel shall not be allowed unless the parcel area per unit can be met, exclusive of land used or designed for other than residential uses on the same parcel.

(Ord. 376 § 10-4-2(C), 1967.)

The parcel shall further have the following minimum area requirements:

A.

When the parcel is not served by a public sewer system, ten thousand square feet per dwelling unit;

B.

When the parcel is not served by a community water system, ten thousand square feet per dwelling unit;

C.

When the parcel is not served by a public water system and is not served by a community water system, twenty thousand square feet per dwelling unit.

(Ord. 600 § 6 (part), 1985: Ord. 376 § 10-4-2(D), 1967.)

17.40 - Yards and Setbacks

No structure shall be constructed on any yard required by this title unless in compliance with all the requirements in this chapter.

(Ord. 376 § 10-4-3 (part), 1967.)

17.40.015 - Front, Rear and Side Boundary Lines; Corner Parcels

A.

Any portion or portions of any parcel fronting on a street Right-of-Way or easement, which has been dedicated or offered for dedication to the public, including an alley, or a private road Right-of-Way which provides primary access to more than four parcels, shall be construed to be the front boundary line. The boundary line opposite such front line shall be construed to be the rear boundary line, except where said parcel is a corner parcel. In the case of a corner parcel, the boundary lines opposite the front boundary lines shall be defined by the type of setback line for the adjoining parcels; if such lines are side boundary lines for the adjoining parcels, the lines are to be construed to be side boundary lines for the corner parcel. All boundaries other than front and rear boundary lines as defined in this section shall be construed as side boundary lines.

B.

If a parcel fronts streets on two or more adjoining sides, the minimum front yard required in all residential zones is reduced to ten feet on one of the streets.

(Ord. 801, § 2, 7-5-2011; Ord. 376, § 10-4-3(A)-part, 1967)

Zone regulations imposed on minimum parcel width shall not apply to a parcel of record, or a parcel divided and conveyed by valid deed, or written contract of said executed before the effective date of such provisions made applicable to such parcel. If such parcel has less than the minimum required width, the

minimum side yard required in all residential zones is reduced to five feet; provided, that the structure is not higher than one and one-half story. (Ord. 376 § 10-4-3(A), 1967.)

(Ord. 801, § 3, 7-5-2011, Ord. 376 § 10-4-3(A), 1967)

Editor's note— Ord. No. 801, § 3, adopted July 5, 2011, amended § 17.40.020, and in so doing changed the title of said section from "Applicability" to "Parcel width, reduced side setback," as set out herein.

An unenclosed and uncovered patio, terrace, stairway or landing not higher than three feet above the natural ground level may be located on the required yards. Cornice, eave, canopy, chimney, fire escape, unenclosed and uncovered balcony, patio, terrace, stairway or landing, and other similar projections or overhangs, higher than three feet above the natural ground level, may extend into the required yards to a distance of not more than two feet. (Ord. 376 § 10-4-3(B), 1967.)

(Ord. 801, § 3, 7-5-2011)

A fence, wall or hedge not higher than six feet above the natural ground level may be located on the required yards; provided, that in all residential zones such fence, wall or hedge is not higher than three feet above the natural ground level on corner parcels fronting on two or more intersecting streets, within a triangle formed by the intersecting rights-of-way and a line drawn between points on such rights-of-way thirty feet distance from their point of intersection. (Ord. 376 § 10-4-3(C), 1967.)

(Ord. 801, § 3, 7-5-2011)

Detached accessory structures not higher than one story or twelve feet may be located on the required rear yard up to five feet of the rear parcel line.

(Ord. 376 § 10-4-3(D), 1967.)

Where more than half the building sites along a street in one block in the same zone have been improved with buildings, the required front yard is the average of the front yards in improved building sites, but not to exceed the front yard required in that zone. (Ord. 376 § 10-4-3(E), 1967.)

(Ord. 801, § 3, 7-5-2011)

17.40.070 - Distance Between Detached Buildings

A.

The minimum distance between detached buildings on the same parcel is ten feet. However, when the minimum distance cannot be provided due to size, shape, or slope of the parcel, the building official may allow for a reduction of the minimum distance to one consistent with the provisions of the currently

adopted edition of the California-Building Code. In no event shall the minimum distance be reduced to less than six feet without approval of a conditional use permit as provided in Section 17.40.080 or a variance.

B.

The minimum width of an access court to a group of buildings on the same parcel is twenty feet.

(Ord. 801, § 4, 7-5-2011; Ord. 741 § 1, 1999: Ord. 376 § 10-4-3(F), 1967.)

A.

One carport per parcel in any residential district may have reduced setbacks providing all of the following criteria are met:

1.

The parcel area does not exceed one-half acre in size,

2.

The parcel has an existing residence fifty years of age or older.

3.

The parcel does not already have a garage or other covered parking. For the purposes of this section, a "garage" is defined as a covered structure accessory to a single or multi-family residential use and large enough to park a residential transportation vehicle. It may be freestanding or attached to a single or multifamily residence. A garage shall be entirely enclosed on at least three sides.

4.

The carport is for residential transportation vehicle uses only.

5.

The carport footprint does not exceed three hundred forty square feet.

6.

The carport wall height does not exceed eight feet and roof pitch matches that of the dwelling.

7.

The design, colors, and materials are compatible with the residence.

8.

The carport incorporates a noncombustible wall, or equivalent, acceptable to the building department and fire department, adjacent to the property line. Floor surfacing shall be of approved noncombustible

material.

9.

The location of the carport is approved by the community development department, and fire department,

10.

A building permit is secured,

11.

The construction of the carport will not interfere with existing utilities, rights-of-way, or easements.

12.

The carport is separated from other buildings by a minimum of six feet. Maximum building separation that can be accommodated on the parcel will be required. Carports shall be no closer than three feet to the property line.

13.

The structure is designed to withstand eighty-five mph winds.

14.

The structure is not constructed of fabric, canvas, vinyl or similar materials.

15.

The structure is anchored to the foundation (engineered plans may be required).

16.

Only one encroachment will be permitted per parcel unless otherwise approved by the building department and demonstrated to address all safety considerations.

17.

Shall be placed on an all-weather drivable surface and sloped for drainage.

18.

Storage above the carport is prohibited. The carport shall not be used for storage of other than a residential transportation vehicle.

19.

The total lot coverage for all structures including the carport is consistent with the floor area ratio for the applicable zoning district.

B.

A carport in excess of three hundred forty square feet in any residential district may be approved subject to acquisition of a conditional use permit obtained in accordance with Chapter 17.62 providing the carport complies with all other provisions of subsection A.

(Ord. 815, § 1, 4-1-2013; Ord. 801, § 5, 7-5-2011)

17.42 - Parking and Loading[[3]]

Footnotes:

--- ( 3 ) ---

State Law reference— For further provisions regarding parking and loading, see Chapters 10.04 and 10.08 of this code.

No structure shall be constructed unless open spaces for automobile parking and truck loading and unloading are permanently provided and maintained for the benefit of residents, employees, customers and visitors, within or outside of buildings or in a combination of both, in compliance with this chapter.

(Ord. 376 § 10-4-4 (part), 1967.)

Provisions of this chapter shall apply to all uses and buildings within a "parking and business improvements area" unless specifically modified by the ordinance establishing a "parking and business improvement area." All uses existent upon a parcel as of the effective date of the ordinance establishing a "parking and business improvement area" need not be required to provide additional parking spaces unless such use expands or changes in classification of use with a higher parking load as determined under this chapter. Unless a conditional use permit, variance, or zoning condition is granted under the provisions of this code, all new uses, new buildings or structures, additions, or alterations which increase the need for parking in the "parking and business improvement area" or create a parking deficiency as determined by the building official, planning commission or city council, shall provide additional parking in accordance with the provisions of the ordinance establishing the "parking and business improvement area."

(Ord. 578 § 1, 1983.)

A.

"Gross Floor Area". For the purposes of parking evaluation, "gross floor area" means the interior floor area, in square feet, of a business which is necessary for the operation of that business. "Gross floor area" includes all work areas, hallways, private bathrooms, and storage areas used and necessary for the business to be operated, except for common hallways, private or public bathrooms used by other businesses, and except for unmanned storage areas not open to the public or not normally open during normal business hours.

(Ord. 578 § 3, 1983.)

The required parking shall be provided on the parcel or contiguous parcel where the use is located. For nonresidential uses, the required parking may be provided on a parcel no farther than three hundred feet from the boundaries of the parcel where the use is located, providing, that the parcel is under the same ownership, or is leased for a minimum period of ten years by the owner of the property required to provide the parking, within the city, in the same zone or in a less restrictive zone, and that no major thoroughfare lies between the use and any of the required parking. The required loading shall be provided on the parcel where the use is located and no farther than twenty feet from the building to be served.

(Ord. 557, 1981: Ord. 376 § 10-4-4(B), 1967.)

The layout of parking stalls, loading berths, and parking aisles shall comply with all the following requirements:

A.

The required parking stalls, loading berths, and parking aisles may not be located on any street Right-ofWay.

B.

The required parking stalls, loading berths, and parking aisles, if outdoors, may be located on the required side and rear yards, and within the required front yards up to three feet from the street Right-of-Way.

C.

Each parking stall shall have a minimum size of nine feet by eighteen feet when outdoors and free of obstructions such as columns or walls; ten feet by twenty feet when indoors, or where columns or walls are located within the parking area. Each loading berth shall have a minimum size of twelve feet by thirty-five feet whether indoors or outdoors.

D.

Parking aisles shall have a minimum width of twelve feet when stalls are parallel to the aisle or up to an angle of forty degrees, seventeen feet when stalls are at an angle between forty degrees and seventy degrees, and twenty- three feet when stalls are at an angle between seventy degrees and ninety degrees.

E.

Parking stalls and aisles shall have a maximum grade of seven percent.

F.

Each parking stall and aisle shall have a minimum eight-foot vertical clearance. Each loading stall and access thereto shall have a minimum fifteen-foot vertical clearance.

G.

Each parking stall and loading berth shall have vehicular access to the street, without passing over other parking stalls.

H.

Up to one-third of all parking stalls in private parking lots may be marked "Small Cars Only" and may be eight feet by sixteen feet in dimension.

(Ord. 578 § 2, 1983; Ord. 462 § 1, 1974: Ord. 413 § 3, 1971; Ord. 376 § 10-4-4(C),1967.)

Improvements listed in this section shall be completed prior to the issuance of a certificate of occupancy by the building inspector:

A.

Each parking stall and aisle, except those accessory to one-and two-family dwellings, shall be graded, drained and surfaced, so as to prevent dust, mud or standing water, and shall be identified by pavement markings, to the satisfaction of the city engineer.

B.

Lighting, giving a ground level illumination of one to five footcandles, shall be provided in a parking area during the time it is accessible to the public after daylight. Lighting shall be shielded to prevent glare on contiguous residential buildings.

C.

A minimum four-foot high solid fence, wall or thick hedge shall be permanently maintained between any residential zone and a parking area serving a commercial use, where such area is contiguous to such a zone.

(Ord. 376 § 10-4-4(D), 1967.)

17.42.060 - Number; Parking Stalls

The following number of parking stalls shall be required, to serve the classifications of businesses or buildings listed:

A.

Retail Sales, Office, Bank, Studio, Retail Repair and Service, Eating and Drinking Establishment exclusive of drive-in or outdoor restaurants, Beauty Shops, Barbershops, Personal Service, and other similar uses deemed similar in burden of use with other compatible businesses in the downtown business district. One per two hundred gross square feet of floor area.

B.

Single-Family Dwelling, Residential Condominium, and Limited Multifamily Dwelling with Two to Four Dwelling Units per Structure. Two per dwelling unit.

C.

Multifamily Dwelling with Five or More Dwelling Units per Structure. One and one-half stalls per dwelling unit for studio, one, and two bedroom units. Two stalls per dwelling unit for three or more bedroom units.

D.

Roominghouse, or Boardinghouse, Motel, Hotel. One for each rental unit.

E.

Place of Assembly, Entertainment, Worship, or Mortuary. With fixed seating: One for each four seats.

Without fixed seating: Maximum building occupant load divided by four.

F.

Bowling Establishment. Four for each lane.

G.

Drive-in Eating and Drinking Establishment, Outdoor Restaurant. One per two hundred gross square feet of floor area plus one space for every four seats of maximum outdoor seating capacity with a minimum of five required.

H.

Pool and Billiard Tables, Pinball Machines and other Indoor Recreational Uses with four or more recreational units. Two for each recreational unit such as a table, range or machine.

I.

Miniature Golf Course. Two for each hole.

J.

Bulk Storage, Wholesale, Packing, Manufacturing, Processing, Services, Research or Public Utility. One for each employee of maximum working shift.

K.

Multiple Uses. The sum of the requirements for each use.

L.

Mixed Use Developments Outside of Zone A. When development plans include affordable housing units pursuant to an agreement with long-term affordability covenants and restrictions to maintain housing for low, very low or extremely low income housing, parking required for the residential component of the

development may be reduced to one stall per dwelling unit for units less than three bedrooms and to one and one-half spaces for units with three or more bedrooms.

M.

Second Story Residential Units in Zone A. If the landowner enters into an agreement with long-term affordability covenants and restrictions to maintain the housing for low, very low or extremely low income housing, parking required for the residential component of the development may be reduced to one stall per dwelling unit for units less than three bedrooms and to one and one-half spaces for units with three or more bedrooms. If the in-lieu parking fees are triggered for the residential units above commercial establishments, the fee shall be waived.

(Ord. 719 § 1, 1997; Ord. 666 §§ 1, 2, 1991; Ord. 578 § 4, 1983.; Amended by Ord. 832 on 11/16/2015)

17.42.070 - Number; Loading Berths

A minimum of one loading berth shall be required, in addition to parking stalls, for each five thousand square feet of floor area or part thereof to serve the following uses or buildings: office, bank, studio, retail sale, repair and service, bulk storage, wholesale, packing, manufacturing, processing, services or research, hospital, sanitarium.

(Ord. 376 § 10-4-4 (F), 1967.)

17.42.075 - Parking; When Required

A. This section shall not be construed to preclude the granting of a conditional use permit or parking variance under special circumstances pursuant to Section 17.42.080.

B. All new construction or additions to commercial buildings shall provide the number of parking stalls as required by this chapter.

C. No new parking spaces need to be provided for businesses which are existent and licensed, as of the effective date of Ordinance No. 671, unless such businesses are expanded in building structure, or result in a change in classification of use.

D. In evaluating the parking requirements for change of use, the following guidelines shall be used:

1.

Generally, all changes of use within use classifications listed under Section 17.42.060 having an equal parking requirement need not be required to provide additional parking. However, when the change of use creates a parking demand greater than five parking spaces, or is to a use with a higher parking requirement, then parking shall be provided for as outlined below.

2.

In Benefit Zone A, as defined by Chapter 3.36 of this code, parking need be provided for the new use as required by Section 17.42.060, less a five space credit for public parking provided in the downtown area.

Change of use from residential to commercial shall not receive the five space credit, but shall receive credit for the residential parking demand as enumerated by Section 17.42.060.

3.

In Benefit Zone B, as defined by Chapter 3.36 of this code, parking need be provided for the new use as required by the Section 17.42.060, less the parking demand for the previous use as enumerated by Section 17.42.060.

(Ord. 738 §§ 1, 2, 1999; Ord. 671 § 2, 1991.)

17.42.080 - Conditional Use Permit or Variance

When practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this chapter may result from the strict application of this chapter or certain provisions hereof, the council or the commission may grant a conditional use permit or variance, as the occasion may require, to authorize a specific exception to any regulation of this chapter, under the following conditions:

A.

Application for such conditional use permit or variance shall be made in accordance with the procedure specified in Chapter 17.62.

B.

The application must show that the granting of such application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.

C.

The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing in or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, and will not be materially detrimental to the comprehensive general plan.

D.

Whenever the planning commission or the city council determines that a variance under this section shall be granted, before that variance is granted, the applicant shall agree to pay a fee to the city in the amount of one thousand five hundred dollars for each parking space that is required but not furnished.

E.

The applicant may request that the city enter into an agreement with the applicant which provides for payment of all fees due in installments over a period not to exceed five years. Installment payments shall not be less than seven hundred fifty dollars plus interest, and shall be due on January 1st and July 1st of each year. The interest rate charged for installment payments shall be the then current prime rate plus two percent.

(Ord. 671 §§ 3, 4, 1991; Ord. 629 § 1 (part), 1987; Ord. 562 § 1, 1982: Ord. 554 (part), 1981: Ord. 526 §§ 1, 2, 1979; Ord. 519, 1978; Ord. 404 § 1, 1970; Ord. 376 § 10-4-4 (G), 1967.)

Installment payments shall become delinquent if not paid on or before January 31st or July 31st of each year.

A.

Original Delinquency. Any applicant who fails to pay any fee imposed by this chapter within the time required shall incur a penalty of ten percent of the amount of the fee.

B.

Continued Delinquency. Any applicant whose installment payment remains delinquent for a period of thirty days following the delinquency date as set forth herein shall pay a second penalty in the amount of ten percent of the delinquent amount.

C.

Interest. In addition to any penalties incurred, all delinquent installment payments shall accrue interest at the rate of one and one-half percent per month, or fraction thereof, from the date on which payment became delinquent until paid.

D.

Merger of Penalties and Interest. Every penalty imposed, and all interest accrued on delinquent installment payments pursuant to this section shall become part of the installment payment due.

E.

Installment Payment Contracts. All applicants whose request for payment of in- lieu fees in installments is granted by the city shall enter into a contract with the city pursuant to the provisions of this chapter. Said contract shall contain a payment schedule which sets forth the amount of the installment payment due and the due date and delinquency date of each installment payment. Following execution of the contract, applicant shall make payments as set forth therein and shall receive no further notice of billing from the city.

F.

Required Parties. All contracts created pursuant to the provisions of this chapter shall be executed by the applicant and the owner of property affected, if different than the applicant. All signatures on the contract shall be acknowledged before a notary public.

G.

Consent to Lien. At the time of the execution of the contract form pursuant to this chapter, the owner of the property affected shall do all acts and execute all documents necessary to create a valid lien on the property affected in the total amount of the in-lieu fees established pursuant to the Section 17.42.080(D) of

this chapter. The city shall release its lien upon payment in full of all in-lieu fees, plus any unpaid penalties and interest.

(Ord. 671 § 5, 1991.)

A.

Upon the sale or transfer of the real property which is affected by the installment payment contract pursuant to Section 17.42.080 of the Sonora Municipal Code, all unpaid in-lieu fees and any penalties and accrued interest shall be paid in full unless a request to allow the assumption of the installment payment contract has been approved by the city council as herein provided.

B.

The owner of real property which is subject to any installment payment contract may apply to the city council for approval of the transfer of the installment payment contract to a new buyer of the property. The application for transfer of the installment payment contract shall be made in writing submitted to the clerk of the city. The city council may grant any such application on terms and conditions it deems appropriate to the circumstances; however, the following conditions must be included:

1.

All delinquent installment payments plus penalties and interest accrued thereon must be paid in full;

2.

The new owner shall agree to the amendment of any existing installment payment contract to include the provisions of this ordinance, if necessary;

3.

The new owner shall pay a transfer fee in an amount to determined by the city council. Said fee may be changed by the city council, from time to time, by resolution.

4.

This section shall apply to all pending transfers of affected property on the effective date of this ordinance as well as all pending requests for approval of transfers of installment payment contracts on that date.

(Ord. 629 § 1 (part), 1987.)

Temporary structures or trailers for housing tools or equipment or containing supervisory offices in connection with construction projects or for providing public utility services during an emergency may be established and maintained only during active progress of construction on the same property or during the emergency. No trailer shall be used as a business building otherwise unless the same complies with the requirements of Chapter 17.56.

(Ord. 413 § 2 (part), 1971: Ord. 376 § 10-4-6B (part), 1967.)

It is unlawful for any person or persons to use a trailer for living quarters within the city unless such trailer is parked in an autocourt or trailer park duly approved and licensed by the state, under the provisions of the State Housing Act.

(Ord. 600 § 7 (part), 1985.)

It is unlawful for any property owner to permit any person to park a trailer on his property for the purpose of using the trailer as living quarters within the city, unless such trailer is parked in an autocourt or trailer park duly approved and licensed by the state under the State Housing Act.

(Ord. 600 § 7 (part), 1985.)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a term not exceeding thirty days, or by a fine not to exceed five hundred dollars, or by both such fine and imprisonment.

(Ord. 600 § 7 (part), 1985.)

The city council finds that there is great uncertainty as to how mobile homes located on permanent foundation systems on private lots will affect the appearance of neighborhoods, property values and community plans now adopted or being prepared. It is therefore intended that mobile homes located on permanent foundation systems on private lots be permitted subject to these regulations.

(Ord. 552 (part), 1981.)

Mobile homes located on permanent foundation systems on private lots are permitted pursuant to this chapter, in zones designated R1, excepting therefrom historical zones.

(Ord. 552 (part), 1981.)

17.49.030 - Intent

It is the intent of this chapter to increase the supply of single-family housing and variety of housing types available to the public by establishing a method to locate mobile homes on permanent foundation on private lots while protecting the surrounding neighborhood from potential adverse effects.

(Ord. 552 (part), 1981.)

A mobile home which has been placed on a private lot and on a permanent foundation system pursuant to this section shall be deemed to be a mobile home, and is subject to the local property taxation pursuant to Section 18551 of the California Health and Safety Code and Section 109.7 of the California Revenue and Taxation Code.

(Ord. 552 (part), 1981.)

A mobile home may not be located on a permanent foundation system on a private lot unless and until a permit has been issued and the foundation construction approved by the building department.

(Ord. 552 (part), 1981.)

A mobile home shall not be located on a permanent foundation system on a private lot unless it:

A.

Was certified under the National Mobile Home Construction and Safety Standards Act of 1974 or was constructed after July 1, 1976, and was issued an insignia of approval by the U.S. Department of Housing and Urban Development; and

B.

Has not been altered in violation of applicable codes.

(Ord. 552 (part), 1981.)

Mobile homes located on a permanent foundation system on a private lot shall:

A.

Be occupied only as a single-family residence;

B.

Be subject to all provisions of the zoning laws applicable to residential structures;

C.

Be attached to a permanent perimeter foundation system in compliance with all applicable laws and seismic regulations;

D.

Have a minimum width of twenty feet;

E.

Conform to and have compatibility with the architectural design of two-thirds of the conventional homes within two hundred feet of the boundary of the private lot on which the mobile home is to be located, with regard to:

1.

Pitched roofs,

2.

Eave overhangs,

3.

Roofing material,

4.

Siding or exterior material,

5.

Number of stories;

F.

Require a certificate of such compatibility, from the building department, stating the architectural standards which will prevail for the proposed mobile home site, prior to issuance of permit for placement thereon being issued. The fee for such certificate of compatibility shall be as adopted by resolution of the city council.

(Ord. 552 (part), 1981.)

17.49.080 - Modification of Criteria

No modification may be granted from Section 17.49.070.

(Ord. 552 (part), 1981.)

The building inspector shall determine that the proposed placement, and placement, is in compliance with all requirements and conditions of the certificate of compatibility and the permit prior to issuing final approval of occupancy.

(Ord. 552 (part), 1981.)

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, vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any 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.

(Ord. 552 (part), 1981.)

Prior to installation of a mobile home on a permanent perimeter foundation system, the mobile 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 State Health and Safety Code.

(Ord. 552 (part), 1981.)

17.50 - Wireless Telecommunication Facilities

The purpose of this chapter is to establish standards for the development, siting and installation of wireless telecommunication facilities; to protect and promote public health, safety, and welfare; and to preserve view corridors and the city's historic character; and avoid adverse visual and environmental impacts.

(Ord. 376 Resl. 10-4-8(A), 1967; Adopted by Ord. 845 on 12/18/2017)

The following wireless telecommunication facilities are exempt from the requirements of this chapter:

A.

Government owned communication facilities used primarily to protect public health, welfare and safety.

B.

Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services, for use in the provision of those services.

C.

Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site.

(Ord. 376 Resl. 10-4-8(A), 1967; Adopted by Ord. 845 on 12/18/2017)

Installation of a new wireless telecommunication facility or significant modification, as determined by the community development director, of an existing facility, shall require a use permit and design review approval in the same manner as other permits under Chapters 17.32 and 17.62.

A.

The co-location, defined as two or more wireless telecommunication service providers sharing one support structure or building for the location of their antennas and equipment, of a permitted wireless telecommunication facility or minor modification of a permitted existing facility, shall only require design review.

B.

In addition to any other requirements, all applications shall, at a minimum, include the following:

1.

A report explaining why the wireless telecommunication facility is needed at the requested location. All wireless telecommunication facilities shall be encouraged to make available unused space for co- location of other wireless telecommunication facilities, including space for those entities providing similar, competing services. Any applicant seeking to construct a new transmission tower shall explain why colocation or location on another kind of support structure is not feasible, including efforts made to develop such an alternative.

2.

Plans that include a fully dimensioned diagram of the proposed facility, including height, shape, size and type of construction. Plans for a transmission tower must include information demonstrating that the structure will be able to accommodate at least one other similar telecommunication provider. A diagram showing the separation between the proposed facility and any existing facility or facilities on the same support structure or site is required if co-location is planned.

3.

A fully-dimensioned site/landscaping plan that includes specific placement of the proposed tower, equipment shelters, and any other facility on the site, elevation drawings, setbacks from the property lines, location of any existing structures, trees, and any other significant site features. A notation of those features proposed to be removed and the type and locations of any plant materials proposed to screen the facility. The proposed materials and colors for the facility.

Photo-simulations showing views of the proposed facility from surrounding properties and public Right-ofWay and surrounding viewsheds.

C.

The applicant shall submit application materials and fees as required by the community development department.

(Adopted by Ord. 845 on 12/18/2017)

Wireless communication facilities shall not be constructed, installed or modified, prior to obtaining a city building permit.

(Adopted by Ord. 845 on 12/18/2017)

A.

Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zoning district.

B.

Height. The height of any antenna or support equipment shall be determined as part of the use permit process on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.

C.

Site Access. Telecommunication facilities should use existing roads and parking whenever possible. Any new access roads and parking improvements shall be reviewed under the use permit process.

D.

Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation, antenna(s) and equipment, shall be designed to mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it effectively unnoticeable to the casual observer.

1.

Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.

2.

Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.

3.

All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed. Electrical and telephone service to the support equipment shall be undergrounded.

4.

Ground-mounted antennas, poles, structures, equipment, or other parts of a telecommunication facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.

E.

Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are actually present at night, and except for exempt facilities.

F.

Historic Buildings. Any wireless facility located on a historic building or site shall be designed to ensure consistency with the Secretary of Interior Standards for Remodeling and Rehabilitation.

G.

Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the city with a notice of intent to modify site equipment in any way. At the time of modification, colocation, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the community development director. Unused or obsolete equipment or towers shall be removed from the site within ninety days after their use has ceased.

H.

Number of Facilities per Site. The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.

I.

Noise. Each facility shall be operated in a manner that minimizes any possible disruption caused by noise to people working and living in the vicinity. At no time shall equipment noise from any source exceed an exterior noise level of fifty-five dB at the property line or within twenty feet of such equipment, whichever is less. This requirement may be modified at the discretion of the community development director where

typical ambient noise levels exceed fifty-five dB. Outdoor noise-producing construction activities shall take place as allowed under Chapter 8.20.

J.

Backup Generators. Any facility utilizing temporary backup generators shall be required to meet or exceed air pollution control district standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the air pollution control district. Project plans shall indicate location, size, horsepower, and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place as allowed for construction under Chapter 8.20.

K.

Biological Impacts. Wireless telecommunication facilities shall minimize potential impacts to biological resources to the greatest extent possible.

L.

Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunication facility that the city has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the city and shall be subject to use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation as established by the use permit, at the expense of the facility owner/operator.

M.

Airport Operations. Wireless communication facilities shall not be sited in locations where they will interfere with the operation of the Columbia Airport.

N.

Radio frequency and electromagnetic exposure shall comply with all FCC regulations.

O.

Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions.

P.

Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the community development director, upon receipt of written complaints, the use permit allowing a telecommunication facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or the use permit may be revoked.

Q.

Interference with Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of the park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.

R.

City Inspection. The city shall have the right to access facilities after twenty-four hours written or verbal notice.

(Adopted by Ord. 845 on 12/18/2017)

It shall be the responsibility of the owner/operator of a telecommunication facility to provide the city with a notice of intent to vacate the site a minimum of thirty days prior to ceasing operation. Any wireless telecommunication facility that is not operated for a continuous period of ninety days shall be removed within ninety days of the date upon which the operation ceased.

(Adopted by Ord. 845 on 12/18/2017)

Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this chapter. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the community development director may schedule a public hearing before the Sonora Planning Commission to consider revocation of the permit.

(Adopted by Ord. 845 on 12/18/2017)

17.52 - Site Plan[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 802, § 1, adopted July 5, 2011, replaced former Ch. 17.52, which pertained to similar subject matter and derived from Ord. 767, § 5, 2004; Ord. 600, § 8, 1985; and Ord. 376, §§ 10-49(part), (A)—(C), 1967.

A.

The purpose of this chapter is to provide the city with a mechanism for the review of site development on established buildable lots that are vacant, partially developed, or currently developed.

B.

Provisions of this chapter shall apply to all zoning districts.

C.

A site plan shall be submitted prior to construction of the following unless otherwise exempted pursuant to Sections 17.52.020, 17.54.030, or permitted pursuant to Chapter 17.55:

1.

Mobile home parks.

2.

Construction of one or more duplexes, triplexes or other multi-family structure or structures in the R-2 or R- 3 zoning district totaling four or more total units on a single parcel (regardless of total floor area) providing that the land area of the parcel is large enough to meet all other terms of this title and the Sonora General Plan.

3.

Any new commercial or industrial building, except as provided in Section 17.52.020 Exemptions.

4.

Expansion of any existing commercial or industrial building or buildings that increases the existing, combined total floor area of all structures by two hundred square feet or more, except as provided in Section 17.52.020 Exemptions.

D.

Design review also shall be conducted if required per Chapter 17.32.

(Ord. 802, § 1, 7-5-2011; Amended by Ord. 846 on 12/18/2017)

17.52.020 - Exemptions

No site plan is required for:

A.

Agricultural buildings to be used for agricultural purposes, provided all setbacks of the zoning district are met.

B.

Single family residences.

C.

Second dwelling units in accordance with Chapter 17.55.

D.

Accessory structures where the addition of the accessory structure does not impact required setbacks, landscaping, parking or drainage. For the purposes of this section, an accessory structure is one totaling less than one hundred twenty square feet (as measured from the outside of the exterior walls of the structure).

E.

Exterior repairs.

F.

Interior remodeling that does not involve a change of use.

G.

For sites previously subject to an approved site plan, construction (expansion) adding less than two hundred square feet upon issuance of a written waiver by the community development director. This exemption may be applied only once per parcel.

H.

Construction adding appurtenances (e.g., fences, overhangs) to exterior areas in conjunction with a permitted use on the site prior to making a new addition upon issuance of a written waiver by the community development director.

I.

Construction of a duplex, triplex, or other multi-family structure totaling up to three units on a parcel zoned for that use (regardless of total floor area) provided that all other requirements of this title and the Sonora General Plan can be met. (See Section 17.52.010 for construction of four or more total units in multi-family structures per parcel.)

(Ord. 802, § 1, 7-5-2011; Amended by Ord. 846 on 12/18/2017)

A.

Applications for site plan review shall be submitted to the community development department on forms prescribed by the community development director for that purpose. Such applications shall be accompanied by a fee adopted by resolution of the city council.

B.

Upon determining that the application is complete, the community development director will schedule the site plan for consideration by the city planning commission at a public hearing. The commission may

approve, approve with conditions, or disapprove the site plan. Disapproved plans may be resubmitted after revision within one year, subject to payment of additional fees by the applicant at a cost of fifty percent of the original fee.

C.

No building permit shall be issued except in conformance with the approved site plan. Minor revisions to the site plan that are in substantial conformance with the approved plan, as determined by the community development director, will not require additional planning commission review. Revisions not in substantial conformance with the approved plan shall return to the city planning commission for reconsideration.

(Ord. 802, § 1, 7-5-2011)

No building permit shall be issued to construct, erect or move onto any lot any building, except single family residences and duplexes, unless provisions have been made for placement underground by the developer all existing and new electric and telephone facilities, fire alarm conduits, street lighting wiring,

cable television and other wiring conduits, and similar facilities. The community development director may grant a modification, including a complete waiver of the undergrounding requirement of existing facilities, upon determination that undergrounding is unfeasible after considering voltage, project size, or location of the proposed development.

(Adopted by Ord. 846 on 12/18/2017)

17.52.040 - Findings for Approval

In considering approval of a site plan, the following findings shall be made:

A.

The proposal is consistent with all applicable provisions of the Sonora Municipal Code and other local, state and federal laws; and

B.

The proposal is consistent with the Sonora General Plan; and

C.

The project is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant adverse effects upon environmental quality and natural resources that cannot be properly mitigated and monitored, unless a Statement of Overriding Consideration is adopted; and

D.

There are adequate provisions for public and emergency vehicle access, fire and police protection, sanitation, water, and public utilities and services to ensure that the proposed development will not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection

facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land, and all development fees have been paid prior to occupancy of buildings and the land; and

E.

The subject site is:

1.

Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by the Sonora Municipal Code; and

2.

Served by streets adequate in width and surfacing type to carry the quantity and type of traffic generated by the proposed development.

F.

The use will not produce odors, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, hazardous or waste materials beyond the confines of the property onto contiguous properties or into the air or watercourses to an extent constituting a nuisance and does not constitute a physical hazard to persons or properties beyond the confines of the property by reason of fire, explosion or similar cause.

(Ord. 802, § 1, 7-5-2011)

Appeals to the decision of the city planning commission on any Site Plan may be made in accordance with the provisions of Section 17.62.100 of this title.

(Ord. 802, § 1, 7-5-2011)

A Site Plan approved by the Commission shall expire and become null and void one year after the date of approval unless the authorized use is carried out, a building permit has been issued for the use by the date of expiration, or an extension has been issued by the city.

(Ord. 802, § 1, 7-5-2011)

17.54 - Number of Structures on Single Parcel

Nothing in this title shall be interpreted to mean that an owner of a parcel of land, as defined in this chapter, shall be allowed to construct, by right, more than one dwelling unit or apartment building, including a "duplex," "triplex" or "fourplex," on a single parcel of property within the R-2, R-3 or CO zones.

(Ord. 493 § 1 (part), 1976: Ord. 376 § 10-4-10 (part), 1967.)

"Parcel" means the same thing as the word "lot" as used in the Subdivision Map Act of the state. The more inclusive definition of the word "parcel" found in this title which could include several lots if they were located adjacent to each other is suspended for this chapter only. Nothing in this chapter shall be held to prevent an owner of several lots which are adjacent to each other from constructing more than one building on his total property holding; one building may be built on each separate lot.

(Ord. 493 § 1 (part), 1976: Ord. 376 § 10-4-10 (part), 1967.)

17.54.030 - More Than One Dwelling; Use Permit

Construction of more that one single-family dwelling unit on a single parcel zoned R-1, R-2, R-3, is permitted subject to the provisions of Chapter 17.55 (Second Units).

For multi-family dwellings, see Sections 17.52.010 and 17.52.020.

(Ord. No. 802, § 2, 7-14-2011; Ord. 493 § 1 (part), 1976: Ord. 376 § 10-4-10 (part),1967.)

17.55 - Accessory Dwelling Units

The purpose of this chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units in compliance with Government Code Sections 65852.2 and 65852.22. This Section establishes standards for the development and operation of accessory dwelling units, previously known as secondary residential units and hereafter referred to as "ADUs." All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) approved by this Section are deemed to not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and accessory and junior accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designations for the lot.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

Accessory dwelling units (ADUs) are allowed in all zoning districts that allow single- family and multifamily dwelling residential subject to compliance with the development standards of the underlying zoning district for the primary dwelling and the requirements of this Section. If a conflict arises between the general development standards of the property's zone district and the development standards applicable to ADUs, the development standards of this Section shall supersede any conflicting development standard.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

Attached ADU. An attached ADU is within or directly connected to an existing or proposed primary dwelling or its attached garage, having a wall and/or other conditioned space in common. This can include remodeling an existing permitted living space into an ADU, converting existing non-living space into an ADU, adding square footage or an additional floor to the primary dwelling or its attached garage to create an ADU.

B.

Detached ADU. A detached ADU is physically separated from an existing or proposed primary dwelling and its attached garage, not sharing a common wall or other conditioned space. This includes converting an existing detached legally constructed structure into an ADU, adding square footage or an additional floor to an existing detached structure to create an ADU, or constructing a new detached structure to create an ADU.

C.

Junior ADU (JADU). A JADUs is a smaller type of attached dwelling unit that is no more than 500 square feet in size. Standards for JADUs are described in Subsection 17.55.100 below.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

An ADU that conforms to the development standards in this Section is deemed to be an accessory use and/or an accessory structure and will not be considered to exceed the allowable density for the lot upon which it is located.

A.

Single-family parcels. One accessory dwelling unit (attached or detached) and one junior accessory dwelling unit (JADU) shall be permitted on a legal parcel developed with one single-family dwelling. An ADU and/or JADU may be developed concurrently with a new single-family dwelling; however, final occupancy of the ADU/JADU shall not be issued prior to final occupancy of the new main dwelling.

B.

Multifamily parcels. JADUs are prohibited on multifamily lots. On a lot with existing multifamily dwellings, the property owner of the underlying parcel may choose one of the following methods to create ADUs:

1.

Detached ADUs. Up to two detached ADUs shall be permitted with 16- foot height limits and 4-foot rear and side yard setbacks.

2.

Converted ADUs. Converted ADUs within portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, attached

garages) shall be permitted; the number of converted ADUs permitted shall be one unit per existing multifamily development or up to 25 percent of the existing unit count in the building, whichever is greater.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

The following four categories of ADUs shall not be subject to lot coverage, setbacks, and structure height zoning and development standards. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (E) are:

A.

Single-family parcels. One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling, or an ADU within an existing legally constructed accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety, or

B.

Single-family parcels. One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and have a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

C.

Multifamily parcels. Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs, or up to 25 percent of the existing multifamily dwelling units within a structure, or

D.

Multifamily parcels. Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and 4-foot rear and side yard setbacks.

The four categories above cannot be combined on one parcel.

E.

Deviations for state exempt ADUs. A detached, new construction ADU that has both a maximum gross floor area of 800 square feet and a maximum height of 16 feet from natural grade shall be permitted with the deviations to general development standards below.

1.

Setback reductions. This category of smaller ADU, including eaves, is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines. ADUs within the reduced side and/or rear yard setbacks shall comply with (E)(1) and (E)(2) below.

Roof design and materials. The pitch of any portion of the roof within the reduced setback shall not be directed toward the side or rear property line, or the structure shall have a non-shedding roof material and/or snow retention mechanism for the life of the structure. This shall apply to roofs within setback areas to address snow-related issues associated with life safety, structural integrity, and property damage prevention.

3.

Deviations to development standards. This category of smaller ADU is permitted to deviate from the site coverage and other development standards applicable to the property. Any deviation(s) shall be the minimum necessary to accommodate the floor area of the ADU living space, not to exceed an 800-squarefoot ADU.

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

Development envelopes and easements. For ADUs constructed on lots where the recorded subdivision map established development/building envelopes and/or where there are recorded easements on the property, the building envelope and easement restrictions shall take precedence over any setback reductions provided within Subsection D,3 (Size limits, setbacks, and standards) below.

B.

Proximity. A new construction, detached ADU shall be located within 100 feet of the main dwelling, unless a greater distance is determined to be necessary by the Director to avoid on-site septic systems, water supply systems, geographic constraints, and/or environmentally sensitive areas.

C.

Size limits, setbacks, and standards. ADU size (i.e., floor area and height), setbacks, and development standards are directly correlated, therefore they are combined in this Subsection (Size limits, setbacks, and standards). Where side yard setback reductions are allowed in this Subsection, these reductions do not apply to street-side setbacks on corner lots. Additionally, on a corner lot, both lot lines facing streets are front lot lines and subject to setback requirements under Section 17.40.015.

1.

Standard ADUs.

a.

Standard maximum floor area.

Multifamily Parcels. The gross floor area of a standard attached or detached ADU shall not exceed 1,000 square feet.

Single-family parcels. The gross floor area for a new detached Standard ADU shall not exceed 1,200 square feet. The maximum square footage for attached accessory dwelling units shall be no larger than 50 percent of the floor area of the existing primary dwelling or a maximum of 1,000 square feet.

b.

ADU garage size. If a garage for an ADU is proposed, it shall not exceed 500 square feet, shall comply with all general development standards applicable to garages, including site coverage.

c.

Setbacks and height. All standard ADU structures shall comply with the side, rear, and front setbacks, and height limits applicable to the property's zone district.

d.

Other development standards. Standard ADUs shall comply with all other general development standards applicable to the main dwelling, including site coverage, unless an exception is provided elsewhere in this Subsection C (Size limits, setbacks, and standards).

2.

Conversion ADUs. An existing legally constructed portion of a single- family dwelling or residential accessory structure that is converted to or replaced with an ADU shall not be required to meet additional setbacks beyond those that were required at the time the original structure was built. For replacements, if the structure is partially or completely demolished and replaced with a structure for a new ADU, the replacement structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height, except as permitted below. The maximum gross floor area of the ADU portion of a converted or replaced structure shall not exceed the size limitations of Paragraph C,1,a (Standard maximum floor area) and the remainder may be used for other residential accessory uses.

a.

Roof modifications. If the converted or replaced structure is within the standard setbacks applicable to the main dwelling, and if substantial modifications are proposed to the existing roof design or surface/material as a part of the ADU creation, the modifications shall comply with Subparagraph C,2,b (Roof design and material).

b.

Expansions of conversion ADUs. If a conversion ADU is less than the maximum allowable floor area for an ADU, an expansion/addition may be approved; however, any expansions shall be subject to the standard unit size, height limit, setbacks, site coverage, floor area ratio, open space, and other development standards that would be applicable to a new standard ADU.

c.

Ingress/Egress for conversions. In addition to any expansion allowed under Subparagraph C,3,b (Expansions of conversion ADUs), a conversion ADU may include an expansion of the existing structure up to 150 square feet for the purpose of accommodating ingress and egress to/from the ADU. This is permitted only for space that is unconditioned and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space is allowed to deviate from site coverage, floor area ratio, and open space standards applicable to the property up to 150 square feet, and, if relevant, may be used in addition to the deviations permitted for smaller ADUs in Subparagraph C,2 (Deviations to development standards.)

(1)

Setbacks for ingress/egress. A new ingress/egress feature for a conversion ADU shall meet applicable setbacks for fire safety and the property's zone district and shall not extend further into standard front, rear, or side yard setbacks than the walls of the conversion ADU.

3.

Minimum floor area. A minimum floor area of 150 square feet is required for all ADUs.

4.

Solar panels. All newly (new construction) constructed detached ADU's will require solar panels.

5.

Parking and driveways.

a.

Parking standard. One on-site parking space shall be provided for each ADU, in addition to any parking required for the main dwelling unit, unless an exemption is provided below:

b.

Parking location. The City of Sonora finds that due to Sonora's high fire risk, and the necessity to provide adequate maneuverability to accommodate emergency response vehicles, required parking for all new ADUs and JADUs and any required replacement parking for the main dwelling on parcels located within a State designated Very High or High Fire Severity Zone shall meet the following criteria:

(1)

All required parking shall be provided for on the parcel and not on a public Right-of-Way; and

(2)

No required parking shall be located within five feet of any property line; and

(3)

Unless otherwise restricted by the above requirements, tandem parking and/or parking within setback areas is permitted.

c.

Parking exemptions. The one on-site parking space for ADUs, located outside of a State designated Very High or High Fire Severity Zone, shall not be required if any of the following situations apply:

(1)

The ADU is located within a half mile walking distance of a public transit stop;

(2)

The ADU is located within an architecturally and historically significant historic district;

(3)

The ADU is part of an existing or proposed primary residence or an existing accessory structure; or

(4)

When on-street parking permits are required but not offered to the occupant of the ADU.

(5)

A car share vehicle station is located within one block of the ADU.

d.

Replacement parking exemption. When a legally constructed garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, replacement parking for the main dwelling is not required if the parcel is located outside of a State designated Very High or High Severity Zone. This exemption does not apply to multifamily parcels.

e.

On-street parking restriction. Nothing within Subsection E (Parking and driveways), including the exemptions, shall be deemed to permit on-street parking during any time when such parking is prohibited.

f.

Shared driveway. An ADU shall be served by the same driveway encroachment as the main dwelling unit. A second driveway for an ADU will be permitted only if all of the following standards are met: 1) The ADU is located on a corner lot or through lot where the ADU will be accessed from a street other than the street providing access to the primary residence, or the ADU is on a lot with road frontage exceeding 150 lineal feet; 2) the proposal shall demonstrate compliance with the maximum allowable site coverage applicable to the property; and 3) the proposal shall comply with all other applicable Development Code standards and Public Improvement and Engineering Standards for single- family driveways and required off-street parking locations, except as modified within Subsection E (Parking and driveways).

(Ord. 757 § 2, (part), 2003.; Repealed & Replaced by Ord. 897 on 10/3/2022)

A.

ADU entrance. The ADU shall have an exterior entrance separate from the main entrance to the proposed or existing main dwelling; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the ADU may share with the main dwelling and/or JADU a single interior entryway (e.g., airlock, mudroom) not to exceed 80 square feet that provides direct, private access to each unit; however, in no case shall the primary entrance to the ADU be through the main dwelling living area, JADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

B.

Interior access. Interior access between the ADU and the main dwelling, attached or detached garage for the main dwelling, and/or other residential accessory structures shall be allowed, in compliance with all applicable California Building Standards Code requirements, as adopted by the City of Sonora. If interior access is proposed, the tenant of the ADU shall be able to lock the shared door from the interior of the ADU for privacy.

C.

Kitchen or cooking facilities. An ADU shall include a permanent kitchen or cooking facility, consistent with the Development Code definition of a kitchen (Section 18.220.020.K, Kitchen or Cooking Facilities, Residential). At a minimum, an ADU kitchen shall include the following equipment:

1.

Cooking facilities (i.e., a standalone cooking appliance with at least two burners that is connected to a gas stub or 220 electric volt outlet; does not include portable cooking accessories such as hot plates and other temporary heat sources);

2.

A refrigerator (no minimum size); and

3.

A sink for dishwashing and sanitation purposes.

D.

ADU historic design standards. Exterior changes/additions to the building shall not affect the building's historic integrity and shall be compatible with its historic design features.

E.

Design Review. ADUs are not subject to design review as required under Sonora Municipal Code Chapter 17.32, however, a staff level design review will be conducted for compatibility with existing structures on the parcel.

(Adopted by Ord. 897 on 10/3/2022)

Owner occupancy is not required for the creation of an ADU. Short term rentals of ADUs are subject to the requirements under Chapter 17.64 (Transient Use Permit).

A.

Sale of unit prohibited. No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The sale or conveyance of an ADU independent and/or separate from the main dwelling shall be prohibited.

B.

Building code requirements. Except as otherwise provided in this chapter, ADUs and JADUs shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing. Each ADU and JADU shall obtain a building permit from the City of Sonora and shall be constructed in compliance with all applicable California Building Standards Code requirements, as adopted by the City of Sonora.

C.

Fire sprinklers. ADUs and JADUs are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.

D.

Fire Safety Setbacks. The minimum distance between detached buildings on the same parcel is ten feet. However, when the minimum distance cannot be provided due to size, shape, or slope of the parcel, the building official may allow for a reduction of the minimum distance to one consistent with the provisions of the currently adopted edition of the California-Building Code. In no event shall the minimum distance be reduced to less than six feet without approval of a conditional use permit as provided in Section 17.40.080 or a variance.

E.

Fire Safety Clearances. All properties must follow the City of Sonora Defensible Space Program. All dead or dying trees, branches, shrubs, or other plants must be cleared a minimum of fifty feet adjacent to, or overhanging, the structure.

F.

Manufactured home, tiny homes, etc. A manufactured home (a.k.a. mobile home), modular home (a.k.a. factory-built or prefabricated home), tiny home, park model home, or similar unit may be used as an ADU if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora. A tiny home on a chassis or park model home on a chassis is not permitted for use as an ADU unless it is modified to meet the aforementioned standards.

G.

Movable units. A recreational vehicle (e.g., motorhome, campervan, truck camper, travel trailer, pop-up trailer, fifth wheel trailer, toy hauler), travel van, or other movable habitable space generally cannot be approved as an ADU; however, it may be approved if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora.

(Adopted by Ord. 897 on 10/3/2022)

This Section shall not validate any existing illegal ADU. To convert an unpermitted ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed ADU, including the rental restrictions described in Subsection I (Occupancy and rental requirements) above.

A.

ADU reversions. If an ADU or JADU is legally permitted and constructed with deviations to the development standards that would otherwise be applicable to the property, as permitted by the Subsections D (Size and location standards) and/or F (Parking and driveways) above, and the ADU is subsequently reverted or converted to another use other than an ADU/JADU, any deviations from development standards (e.g., setbacks, site coverage, floor area ratio, open space, parking) shall be brought into compliance with the standards in effect at the time a complete application for a reversion or conversion of the space is submitted to the Community Development Department.

(Adopted by Ord. 897 on 10/3/2022)

A.

Applicability. JADUs are allowed in all zoning districts that allow single-family residential uses, subject to compliance with the requirements of this Section.

B.

Number of units allowed. A maximum of one junior accessory dwelling unit (JADU), in addition to one attached or detached ADU, shall be allowed on a parcel with an existing or proposed single-family dwelling.

C.

Location on site. A JADU may be created by converting existing space within the walls of an existing or proposed single-family residence, including attached garages. If a JADU is created concurrent with a new residence, the JADU shall comply with all development standards applicable to the main dwelling, including setbacks, height limits, site coverage, floor area ratio, open space.

D.

Floor area limitation. The gross floor area of the JADU shall not exceed 500 square feet and shall not be less than 150 square feet.

E.

JADU separate entrance. A JADU shall have an exterior entrance separate from the main entrance to the existing or proposed single-family residence; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the JADU may share with the main dwelling and/or ADU a single interior entryway (e.g., airlock, mudroom) that provides direct, private access to each unit; however, in no case shall the primary entrance to the JADU be through the main dwelling living area, ADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

F.

Interior access. Interior access from the JADU to the main dwelling may be maintained; however, if the sanitation facilities are shared with the main dwelling, as allowed in Subsection H below (Sanitation Facilities), unrestricted interior access to the sanitation facilities is required at all times. If interior access is proposed, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.

G.

Cooking facilities. The JADU shall include an efficiency kitchen, which shall include the following:

1.

A cooking facility with appliances. (Note: Government Code Section 65852.22(a)(6) does not permit local jurisdictions to specify exactly what "a cooking facility with appliances" must include for JADUs. This standard can be met with basic plug-in kitchen appliances (e.g., microwave, hot plate, mini-fridge) or with a full, high-end kitchen (e.g., gas range, double oven, large sink with disposal, commercial refrigerator). Therefore, a JADU is not required to comply with the Development Code definition of a "Kitchen or Cooking Facility," which specifies several types of appliances required in residential kitchens.)

2.

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

H.

Sanitation facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence.

I.

Parking. No additional parking shall be required for a JADU for parcels located outside of a State designate Very High or High Fire Severity Zone.

J.

Occupancy and rental requirements.

1.

Short-term rental restriction. The short-term rental of a JADU for a term of less than 31 consecutive days is subject to the requirements under Chapter 17.64 (Transient Use Permit).

2.

Owner occupancy. On a parcel with a primary dwelling unit and a JADU, only one of the units may be rented; the owner must reside in either the remaining portion of the main dwelling or in the JADU. Owneroccupancy is not required if the owner is a governmental agency, land trust, or housing organization.

3.

Illegal junior accessory dwelling units. This Section shall not validate any existing illegal JADUs. To convert an unpermitted JADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed JADU, including the rental restrictions described in Subsection 14 above (Occupancy and rental requirements).

(Adopted by Ord. 897 on 10/3/2022)

Fees will be charged for the construction of accessory dwelling units in accordance with the City of Sonora Municipal Code of Ordinances and state law. The City shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

A.

Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system. An ADU shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Tuolumne County Environmental Health Department and the City of Sonora.

B.

Impact fees for JADU's. The City will not impose impact fees if previous impact fees under the existing residential footprint were already applied. If impact fees are required, the City may apply those impact fees at the time of application approval or prior to occupancy.

(Adopted by Ord. 897 on 10/3/2022)

The City of Sonora (City) shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions unless those conditions are of health and safety concern to the occupants.

A.

The City shall act on the application to create an ADU or JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the City does not act within 60 days, the application shall be deemed approved.

B.

If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.

C.

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

D.

The City shall not issue a certificate of occupancy for an ADU or JADU before the certificate of occupancy is issued for the primary residence.

E.

No subdivision of this City Code of Ordinances shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a ADU or JADU complies with applicable development standards.

F.

Prior to the issuance of a building permit for a JADU, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the City attorney that includes the following:

A prohibition of the sale of the JADU separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

2.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling unit.

(Adopted by Ord. 897 on 10/3/2022)

The code enforcement officer may conduct a review of ADUs and JADUs within the city. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions. A code enforcement officer may issue to an owner of an ADU or JADU a notice to correct a violation of any provision of any building standard or any failure to comply with this section.

A.

The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

1.

The accessory dwelling unit was built before January 1, 2020.

2.

The accessory dwelling unit was built on or after January 1, 2020; however, at the time the unit was built, the City had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

B.

The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in Section 17.36.070, may submit an application to the City requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

C.

The City shall grant an application described in Section 17.36.070.C if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the zoning administrator shall consult with the code enforcement officer, building official, and/or the City of Sonora Fire Chief or designee pursuant to Section 13146 of the Health and Safety Code.

(Adopted by Ord. 897 on 10/3/2022)

An application for a home occupation permit shall be filed with the community development department on a form provided by the department. Information required will include the following:

A.

The location and address of the proposed occupation;

B.

The nature of the occupation:

C.

The name of individuals involved in the occupation;

D.

If the applicant is not the owner of the property, a written statement from the property owner or his representative agreeing to the conduct of the subject business.

E.

Any additional information required by the community development department to verify compliance with this chapter.

A filing fee of fifty dollars to defray costs incurred by the city in processing the application shall also be required. The community development director shall review the application, and shall consult with those departments of the city which might have jurisdiction over some phase of the proposed occupation.

(Ord. 613 § 2 (part), 1985.; Amended by Ord. 843 on 12/18/2017)

Upon completion of review of the application, all statements and relevant data, and within thirty days after the filing of the application, the planning director shall render a decision in writing, either approving or denying the request and the findings for such action. One copy of the written decision shall be given to the applicant, one copy shall be forwarded to the city clerk's office for business license purposes, and one copy shall be kept on file in the planning department.

(Ord. 613 § 2 (part), 1985.)

Any person may appeal the decision of the community development director to the planning commission. Such appeal shall be filed with the community development department within ten days after the date of the decision by the community development director. Upon receipt of such an appeal, the community development director shall place the matter for consideration on the commission agenda of the first regular meeting of the commission following ten days' written notice to the appellant and/or applicant. The commission shall either approve the application with conditions or deny the application based upon its findings. The decision of the commission shall be final, unless it is appealed to the city council pursuant to the provisions of Section 17.62.100 of this title.

(Ord. 613 § 2 (part), 1985.; Amended by Ord. 843 on 12/18/2017)

Upon approval by the planning director of a home occupation permit, the applicant shall obtain a city business license, except for those occupations whose total gross income is less than five thousand dollars.

(Ord. 613 § 2 (part), 1985.)

The purpose of this Chapter is to:

A.

Achieve a balance of short-term rental uses and adequate housing stock for all economic segments of City residents. Allow short term rentals, while preserving the residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance and safety impacts on adjacent neighbors; and

B.

Provide a registration process for the City to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes.

(Ord. No. 898, § 1, 6/17/2024)

For the purpose of this Chapter, and except where otherwise expressly defined in this Chapter, the following words and phrases shall have the meanings provided in this Section. Where words and phrases are not expressly defined under this Section, they shall be construed as their ordinary meaning within the context which they are used:

"Code" means the Sonora Municipal Code.

"Guest" or "Guests" means the individual or individual(s) occupying the short-term rental for the purposes of staying overnight.

"Hosted short-term rental" is the rental of one (1) or more bedrooms in a dwelling unit where the operator remains in residence in one (1) or more bedrooms in the dwelling unit or resides in another dwelling unit on the same parcel, for the duration of the guest's stay. A hosted short-term rental is rented out for a period less than thirty (30) days.

"Local contact person" means an individual who is available by telephone on a twenty-four (24) hour basis and who maintains the ability to be onsite within thirty (30) minutes and who has access and authority to assume management of the short-term rental. The operator of the short-term rental or an agent or

professional property management company that meets the availability requirements can serve as the local contact person.

"Operator" means any and all of the following: (i) the person who is a legal owner of a short-term rental; (ii) a person who has the legal right to possession of a short-term rental; (iii) any manager, agent,

representative or other similar person acting under the authority or at the direction of the owner or other operator of a short-term rental.

"Quiet Hours" are the hours between 10:00 p.m. and 7:00 a.m. on Weekdays and 8:00 AM on Weekends in residential areas.

"Short-term rental" means a single-family dwelling, multi-family dwelling unit, studio, condominium, townhouse, duplex, guesthouse, bedroom within an existing residential unit, or junior accessory dwelling unit, rented for the purpose of continuous overnight lodging for a period of not less than one night and not more than thirty (30) days.

"Vacation rental home" or "vacation home" means the rental of an entire dwelling unit, which contains bedrooms, kitchens, and bathrooms, for a period less than thirty (30) days. An operator of a Vacation Home does not reside onsite for the duration of the guest's stay.

(Ord. No. 898, § 1, 6/17/2024)

A.

Transient Use Permit Required. Short-term rental uses consisting of hosted short-term rentals and vacation homes as defined herein, shall be permitted subject to the requirements of this chapter, including compliance with the operational standards, registration, Transient Occupancy Tax payments, and recordkeeping obligations required under the Code. A separate transient use permit shall be required and maintained in good standing for each parcel in which a transient use rental is located. The issuance of any permit pursuant to this Chapter does not relieve the owner of the obligation to comply with the other provisions of this Code pertaining to the use and occupancy of the short-term rental or the property in which it is located.

B.

Use Requirements. Each transient use parcel shall be used and maintained in a manner consistent with the character of the neighborhood in which it is located; shall not impair the desirability of investment or occupation of the surrounding neighborhood; and shall not have displayed thereon any sign that indicates the property is used or available for transient or short-term rental purposes. The maximum number of occupants eighteen or older in age authorized to stay overnight at any transient use parcel shall be limited to two persons per bedroom, plus one additional person per unit.

C.

Short-term rentals are prohibited in accessory dwelling units. It is unlawful for any person to advertise, maintain, operate or use a short-term rental within the City without a transient use permit, or in violation of this Chapter. It is unlawful for any person to advertise, maintain, operate, or use as a short-term rental an accessory dwelling unit as defined in Government Code section 65852.2, as it may be amended from time to time. No transient use permit shall be issued for any accessory dwelling unit. Each short-term rental occurring without a transient use permit, and each rental of an accessory dwelling unit shall be a separate violation.

D.

Transient Occupancy Tax. All transient use permits shall be subject to the transient occupancy tax pursuant to Chapter 3.20 of the Code.

E.

Business License Required. All short-term rental operators must obtain and maintain a business license pursuant to Chapter 5.10 of the Code.

F.

Exemption. The provisions of this Chapter shall not apply to the operation of any lawfully established bed and breakfast inn, motel, hotel, or timeshare development, subject to applicable provisions of this Code.

G.

Application process. An application for a transient use permit shall be submitted by the operator to the Community Development Department for consideration in accordance with the standards contained herein. Each transient use permit application shall be accompanied by a nonrefundable transient use permit fee as set by resolution of the City Council. Permits and fees required by this Chapter are in addition to any license, permit, certificate or fee required by any other chapter of this Code.

H.

Acceptance of Transient Use Permit; No Vested Rights. Acceptance by an operator of a transient use permit shall constitute acknowledgment and acceptance of, and consent to: (i) the requirements and provisions of this Chapter; (ii) the lack of any vested right to operate a short-term rental; (iii) the non-transfer of a transient use permit to any other parcel, location, or operator; and (iv) the City's right to adopt or amend at any time restrictions on the operation of short-term rentals, including without limitation a complete prohibition on short-term rentals.

(Ord. No. 898, § 1, 6/17/2024)

All short-term rentals shall comply with the standards of this Section at all times and shall not generate other potential disturbances which may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.

A.

Operator Responsibilities. Operator and any local contact person shall respond in a reasonable and timely manner, to ensure that every occupant of the transient use parcel does not create or contribute to unreasonable use of the property, cause unreasonable noise or disturbance, engage in disorderly or unlawful conduct, or overcrowd the parcel. The operator shall inform guests that they must not violate the standards of this Chapter. The operator shall be responsible for taking any action necessary to ensure that guests abide by the terms of this Chapter and other applicable provisions of this Code.

B.

Local Contact Person. A local contact person shall be available by telephone when contacted by the City's employees or agents or the short-term rental's guest(s) on a twenty-four (24) hour basis. A local contact person shall be physically present at the short-term rental within thirty (30) minutes of contact. Upon receiving a call or complaint about physical conditions or circumstances that constitute an immediate threat to the public health and safety, the local contact person shall immediately contact the appropriate law enforcement, fire, or other authority. Upon receiving any call or complaint about the short-term rental, the local contact person shall cause the discontinuance of any violation of this Chapter as soon as practical.

C.

Parking. On-site parking shall be provided for each short-term rental guest to the extent on-site parking is possible on the parcel in which a transient use rental is located. A maximum of two motor vehicles shall be allowed to park on street, if no on-site parking is available, at the transient use parcel by the responsible tenant or any other occupant subject to availability and parking regulations. No guest of a short-term rental shall park a vehicle (including without limitation boat trailers and recreational vehicles) on the street or in an unpaved area. The operator may park his or her vehicle on the street.

D.

Trash Collection. Except for trash properly deposited in trash collection receptacles, accumulation of trash and debris outside of a short-term rental at any time is prohibited. Each short-term rental shall obtain solid waste and recyclable collection and disposal service from the City's franchisee.

E.

Smoke Alarms. Smoke alarms, in good working order, shall be installed at a minimum in each bedroom, and at least one alarm on every level of the short-term rental, including basements and habitable attics.

F.

Carbon Monoxide Alarms. Carbon monoxide alarms, in good working order, shall be installed in accordance with current California Building Code requirements, and shall be installed in accordance with the manufacturer's installation instructions.

G.

Fire Extinguisher and Ash Can. Each short-term rental shall be equipped with one five-pound fire extinguisher, type 2A-10BC, installed at a readily available location near the kitchen. If the short-term rental has more than one level, an extinguisher must be mounted within each level. Fire extinguishers shall be inspected annually by a certified professional to ensure the extinguishers are in good working order. Each short-term rental with a wood-burning fireplace or woodstove shall be equipped with a metal container at least five gallons in size with a tight-fitting lid, which shall be clearly labeled for ash disposal.

H.

Visible Address. Each short-term rental shall have an address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Whenever the address on the short-term rental unit will not be clearly visible from the street or access road fronting the property, the address shall also be placed at the public street or access road in a manner which is clearly visible from both directions of travel on the frontage road or street. Address identification characters shall contrast with their background and conform to the minimum size requirements of the Section 505.1 of the California Fire Code, latest edition, of which requires numbers four (4) inches tall with a minimum stroke thickness of one-half (1/2) inch. A short-term rental in a condominium building that does not have an individual address may utilize the condominium building address and shall clearly identify each unit number.

I.

Noise. All tenants are responsible for honoring the property's Quiet Hours which are from 10:00 PM to 7:00 AM on Weekdays and 8:00 AM on Weekends. The following acts or conditions are hereby declared to be public nuisances:

1.

Behavior constituting violation of California Penal Code Section 407 or 415 in a residential area between the hours of 10:00 PM and 7:00 AM on Weekdays and 8:00 AM on Weekends; or

2.

Noise that is unreasonably loud, raucous, or jarring to persons within the residential area during quiet hours.

J.

Good Neighbor Policy. Please be mindful that you are staying as a guest in a residential community. As a member of the community, we value our relationships with our neighbors. The City's goal is to ensure the neighbors are not disturbed - so please ensure that all occupants are aware of the enclosed policies of this Chapter. Any noise disturbances or violations of this Chapter may result in fines.

If you are fortunate enough to be visiting the City while on vacation, please note that your schedule may differ from that of your neighbors. The following policies are designed to ensure there are no noise or other disturbances:

1.

Quiet time starts at 10:00 p.m. the use of outdoor spaces after 10:00 p.m. should be limited. Please monitor your group at 10:00 p.m. and be aware that open windows and doors may allow sounds to carry and disturb others.

2.

When returning from an evening out, please keep your voices to a level that will not disturb the neighborhood.

3.

The surrounding neighbors have access to a 24/7 City contact number that they may call to file a complaint. As a reminder, any noise disturbances or violations of the Chapter may result in fines.

K.

Fireplaces. Residential outdoor burning is limited to fire pits, outdoor fireplaces, and similar free-standing devices meeting the following criteria. Additionally, an outdoor fire can be used for the cooking of food.

1.

Only dry vegetation/wood and clear unpainted untreated dry lumber with a small amount of starter materials, such as hay or small kindling, can be burned. Flammable liquids shall not be used.

2.

Portable Outdoor Fire Pits and Outdoor Fireplaces: These devices, sold by many businesses, fully contain the fire by means of a metal screen or grate and shall be utilized in accordance with the manufacturer's instructions.

3.

All outdoor fireplaces must be constantly attended to until the fire is completely extinguished.

4.

A portable fire extinguisher with a minimum 4-A rating or other on-site fire extinguishing equipment such as sand or a garden hose much be available for immediate utilization.

5.

Smoke from burning cannot bother or cause a nuisance to neighbors.

L.

Affidavit. An affidavit prepared by the City shall be provided to the operator. The operator shall sign and acknowledge that the short-term rental is in compliance with the standards contained in this Chapter. The operator shall also acknowledge that disclosure of the standards in this Chapter are provided to the tenants via terms of the rental agreement.

M.

Fire Inspections and Other Inspections. The operator of each short-term rental shall allow Sonora Fire Department staff to conduct an initial inspection prior to the issuance of a transient use permit and upon request by the City, to ensure the short-term rental complies with:

1.

The requirements of this Chapter, including requirements pertaining to smoke alarms, carbon monoxide alarms, fire extinguishers, visible address, outdoor fireplaces and fire pits, and grills and barbecues; and

The City's defensible space requirements pursuant to Chapter 8.12.

In addition, the operator of each short-term rental shall allow the Sonora Fire Department staff to conduct an inspection every three (3) years. However, if violations have occurred, inspections may be requested by the City periodically to ensure that the short-term rental is in compliance with the standards of this Chapter.

All inspections, including re-inspections due to non-compliance and inspections prompted by complaints, are subject to the applicable Sonora Fire Department's fee schedule cost for inspections.

(Ord. No. 898, § 1, 6/17/2024)

A.

Outdoor Fireplaces. No burning pits, bonfires, or campfires are permitted to occur at short-term rentals.

B.

Grills and barbeques. Grills and barbeques are not permitted beneath a potentially flammable source including trees, umbrellas, decks, or other appurtenant structures. All grills and barbecues shall be no less than ten (10) feet away from a structure and any flammable materials, such as a woodpile.

C.

Subletting. Guests are prohibited from subletting a short-term rental. Only operators with a valid transient use permit may advertise and rent a residential unit as a short-term rental.

D.

Special events. Weddings, corporate events, commercial functions, and any other similar events are prohibited from occurring at a short-term rental property. The occurrence of any such event which violates any such requirements shall be a separate violation of this Chapter, in addition to the violation created by noncompliance with such requirements.

(Ord. No. 898, § 1, 6/17/2024)

A.

Transfer. Permits are not transferable upon change in ownership. A transient use permit issued under this Chapter shall expire upon sale or transfer of the short-term rental.

B.

Cessation. A Transient Use Permit will expire if the use of the short-term rental ceases for more than 6 months. The cease of the short-term rental use will be evaluated by the reporting and remittance of Transient Occupancy Tax through the process defined in SMC 3.20.080.

C.

Notification of Cessation or Transfer. Upon sale, transfer, or intent to cease use of the short-term rental unit or any portion of the unit for a short-term rental, the permit holder shall notify the Community Development Department and make all applicable payments as defined in SMC 3.20.

(Ord. No. 898, § 1, 6/17/2024)

17.64.070 - Penalties; Permit Denial, Suspension, And Revocation.

A.

It is a misdemeanor and a public nuisance to violate any of the provisions of this Chapter. Violations of this Chapter are subject to the administrative citation provisions set forth in Chapter 1.20 of this Code, provided that fines for violations of this Chapter shall be as set forth in this Section. Any person violating the provisions of this Chapter, including without limitation guests, operators, and local contact persons may be subject to administrative or judicial remedies as set forth in this Section. The owner of a short-term rental shall be deemed responsible for all violations of this Chapter occurring at the short-term rental or in connection with its operation, provided that this shall not preclude the City from issuing fines or citations to guests, or exercising other remedies against guests, if the guests are deemed to have committed the violation.

B.

The City shall have the authority to suspend or revoke a transient use permit, or to maintain an action for injunctive relief for violations of this Chapter.

C.

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this Section are cumulative as to each other and to any others available under state law or this Code. In the event of any conflict between the penalties set forth in this Chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

D.

In the event the City is required to bring legal action to enforce any provision of this Chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees, interest, court costs and other costs incurred in such action; provided that, such fees shall only be available in those actions or proceedings in which the City has provided notice at the commencement of such action or proceeding that the City intends to seek and recover attorney's fees.

E.

Enforcement. An administrative penalty of up to five hundred dollars ($500) per day may be imposed for each violation of this Chapter contained in a first administrative citation, and up to one thousand dollars ($1,000) per day for each violation contained in a second or subsequent administrative citation. A prior citation for purposes of this Subsection shall be an earlier administrative citation for violation of this Chapter on the same property that occurred less than one (1) year prior to the current citation, provided

that a previous citation issued to a guest shall not be deemed a prior citation for purposes of calculating the penalty for a subsequent citation issued to a different guest at the same property.

F.

Denial, Suspension or Revocation of a Transient Use Permit. The City may deny, suspend or revoke a transient use permit for any of the following reasons:

1.

The transient use permit application is incomplete;

2.

The transient use permit application contains a false or misleading statement or omission of a material fact;

3.

The short-term rental, operator or guest is currently in violation of, or has been found to be in violation of, any local, state or federal laws, statutes, ordinances, rules or regulations pertaining to the operation of a short-term rental;

4.

The transient use permit of a short-term rental for which three (3) citations have been issued for violations

of this Chapter within a 12-month period and not overturned on appeal, including without limitation citations issued to guests and citations issued to operators, shall be revoked, and a new permit shall not be issued for a period of 12 months from the date of the permit revocation.

5.

The operator is delinquent on any payment to the City of any fees, penalties, taxes, or any other monies related to the short-term rental including, but not limited to, transient occupancy taxes;

6.

A transient use permit application may be denied due to prior revocation or suspension of a transient use permit;

7.

The operation of a short-term rental is a threat to the public health, safety, or welfare;

8.

The lack of a fire inspection pursuant to Section 17.64.040, Subsection (I), a failed fire inspection unless documentation is provided that the conditions causing the failure were corrected and the short-term rental passed a subsequent fire inspection, or a refusal to allow a fire inspection or other inspection of the shortterm rental;

Absence or expiration of a transient use permit;

10.

Any required application fee or renewal fee has not been paid.

(Ord. No. 898, § 1, 6/17/2024)

17.64.080 - Appeals.

A.

Any operator or guest may appeal a penalty imposed pursuant to this Chapter, or a denial, suspension, or revocation of a transient use permit to a hearing officer designated by the City Administrator by filing a notice of appeal with the City Clerk within 10 calendar days of the serving or mailing of notice of the action taken.

B.

Following receipt of a notice of appeal, the City Clerk shall give not less than five (5) days' written notice to the appellant, and to the complainant, if any, of an appeal hearing at a time and place fixed in the notice by personal service or mail.

C.

At the hearing, the operator or guest may appear and offer evidence why the action being appealed should be overturned or modified.

D.

After such hearing the hearing officer shall determine whether the action should be sustained, overturned, or modified and shall thereafter give written notice to the appellant in by personal service or mailing of the notice of the decision.

E.

An operator or guest aggrieved by the hearing officer's decision regarding such appeal may appeal to the City Administrator by filing a notice of appeal with the City Clerk within ten (10) calendar days of the serving or mailing of notice of the hearing officer's decision. The City Clerk shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at the last known place of business or to such guest at the guest's address as set forth in the appeal. At the hearing, the appellant shall have the right to testify, to be represented by counsel, to present witnesses on the appellant's behalf, to cross-examine all other witnesses and to present oral and written documents and evidence on the issues. The findings of the City Administrator are final and conclusive and shall be served upon the appellant by personal service or mailing of the notice of the decision. Any fine or penalty found to be due is immediately due and payable upon the service of notice.

(Ord. No. 898, § 1, 6/17/2024)

A.

Notwithstanding any other provision of law, the City Administrator, in his or her sole discretion, may exempt short-term rentals with an active transient use permit in good standing as of July 1, 2021 from compliance with this Chapter for a period of ninety (90) days after the effective date of this Chapter. The purpose of the amnesty period codified in Section 17.64.080(A) is to allow exempted short-term rentals to conform to the requirements of this Chapter, except as otherwise provided herein. Transient occupancy tax payments continue to be required at all times for short-term rentals and must be collected and paid during and after the amnesty period.

B.

The provisions of this Section shall only apply to short-term rentals operating with a continuously active transient use permit in good standing.

C.

Short-term rentals operating pursuant to this Section that do not conform to the applicable requirements for short-term rentals shall cease operation and shall be prohibited from operating unless and until the short-term rental conforms to the requirements of this Chapter and obtains a new transient use permit.

(Ord. No. 898, § 1, 6/17/2024)

17.66 - Administration

17.66.010 - Community Development Department

The community development department, administered by the community development director, shall assist in the administration of this title by:

A.

Processing and investigating all applications;

B.

Reviewing applications for building permits and other licenses referred to it to determine their compliance with this title.

(Ord. 376 § 10-3-2, 1967.; Amended by Ord. 860 on 10/7/2019)

The community development director of the city, or his or her staff designee, shall serve as and perform the duties of secretary to the planning commission.

(Ord. 808 §2 (part), 2012; Ord. 525 § 13, 1979.; Adopted by Ord. 860 on 10/7/2019)

The commission shall:

A.

Supervise the administration of this title;

B.

Adopt rules and procedures necessary or convenient for the filing of all applications regulated under this title;

C.

Act upon all applications;

D.

Make recommendations to the council upon amendments to zone boundaries or to provisions of this title;

E.

By resolution, on request or on its own initiative, adopt rules implementing the general plan or zone regulations of this title by:

1.

Setting forth additional specific uses allowed by right and by use permit which are, in the opinion of the commission, similar or accessory to those listed in this title and conform to the purposes of the zone regulations.

2.

Setting forth additional specific uses for which parking space is required which are, in the opinion of the commission, similar or accessory to those listed in this title.

(Ord. 376 § 10-3-1, 1967.; Amended by Ord. 860 on 10/7/2019)

A.

The commission may grant a conditional use permit to authorize a specific use, and structure devoted to such use, on a specific parcel within a zone where such use is allowed by a use permit, in accordance with the procedure specified in Chapter 17.62.

B.

The commission may grant a use permit if it finds that the use applied for is necessary or desirable on a specific parcel, not injurious to the neighborhood, consistent with the intent of this title, and with the purposes for such zone.

(Ord. 376 § 10-3-3, 1967.)

A.

The commission may grant a variance to authorize a specific exception to any regulation of Chapters 17.62 through 17.66, and 17.70 in accordance with the procedure specified in Chapter 17.62.

B.

The commission may grant a variance if it finds that the strict adherence to a regulation may cause unnecessary hardship and that all of the following exist:

1.

Exceptional or extraordinary circumstances or conditions, not resulting from any act of the owner or applicant, apply to the property and not generally to other properties in the vicinity and the same zone.

2.

The exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and the same zone.

3.

The exception is the minimum necessary for the reasonable use of the property.

4.

The exception is not injurious to the neighborhood, is consistent with the intent of this title, and with the purposes for such zone.

(Ord. 376 § 10-3-4, 1967.)

No building permit shall be issued by the community development department for construction, demolition, alteration, addition to, or moving of a structure unless such work would comply with the provisions of this title, or a conditional use permit or a variance as issued by the planning commission.

(Ord. 376 § 10-3-7(B), 1967.; Amended by Ord. 860 on 10/7/2019)

A permit or license issued by a municipal or other public agency for a use or structure in violation of a provision of this title, except as provided by a conditional use permit, variance, or appeal, shall not constitute authorization for such a violation or establish vested rights.

(Ord. 376 § 10-3-7(C), 1967.; Amended by Ord. 860 on 10/7/2019)

The community development department and other law enforcement agencies of the city shall enforce the provisions of this title.

(Ord. 376 § 10-3-7(A), 1967.; Amended by Ord. 860 on 10/7/2019)

The construction, alteration, addition to, or moving of a structure, or the use of land or structure in violation of the provisions of this title, is unlawful and constitutes a public nuisance. The city may initiate any enforcement action or take the necessary steps to abate the nuisance in accordance with Chapter 14.01 of this code. The remedies provided in this title are cumulative and shall not exclude other remedies for a violation of this title as provided by other laws or ordinances.

(Ord. 376 § 10-3-8, 1967.; Amended by Ord. 860 on 10/7/2019)

Any person violating or causing a violation of the provisions of this title or permitting such a violation on land or in a structure owned, rented, or controlled by him, is guilty of an infraction, and upon conviction thereof shall be punished as provided under Chapter 1.08 of this code.

(Ord. 376 § 10-3-9, 1967.; Amended by Ord. 860 on 10/7/2019)

17.75 - Demolition of Buildings and Structures

The purpose of this chapter is to establish a process and standards for evaluating requests for the demolition of buildings and structures citywide regardless of age, location, or zoning.

(Ord. 808, § 1, 3-19-2012)

No building or structure in any zoning district may be demolished and no building permit for demolition may be issued without approval pursuant to this chapter except as provided in Section 17.75.030.

(Ord. 808, § 1, 3-19-2012)

The following are exempted from the demolition review process as detailed in Sections 17.75.040 through 17.75.100:

A.

The city building official may issue a demolition permit for any building or structure that he or she determines to be an imminent hazard to public safety, either to the subject property or to neighboring

properties, and where demolition is the only feasible means to secure the public safety. Prior to demolition of any such building or structure, the applicant will measure and photo document the resource, where safety permits, and provide the documentation to the community development department.

B.

Accessory buildings and accessory structures of less than two hundred square feet in size, as measured from the outside of the building or structure, except for those listed or determined eligible for listing on a cultural resources register. The community development director, in consultation with the city building official, may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if the director has reason to believe that the building or structure may be eligible for listing on a cultural resources register. If an evaluation determines that the resource is eligible for listing, individually and/or as a contributor to a potential district, on a cultural resource register, the director will forward the application to the City of Sonora Planning Commission (planning commission) for consideration pursuant to Section 17.75.060.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

17.75.040 - Application for Demolition Permit; Concurrent Processing with Design Review

Applications for demolition permits shall be submitted to the community development department on forms prescribed by the community development Director for that purpose. Such applications shall be accompanied by a fee adopted by resolution of the city council.

For any building or design review permit application where demolition is also proposed, permits shall be processed and issued concurrently.

(Ord. 808, § 1, 3-19-2012; Ord. 600 Subsection 4 (part) 1985; Ord. 525 Subsection 8, 1979 and Ord. 647 § 2 (part), 1989)

17.75.050 - Process for Demolition Requests for Buildings or Structures Less than Fifty Years of Age

A.

Where the community development director determines that satisfactory evidence has been provided to document that the building or structure is less than fifty years of age and is not listed or eligible for listing on a cultural resources register, the city building official may issue a demolition permit except as provided in paragraph B.

B.

The community development director, in consultation with the city building official, may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if the community development director has reason to believe that the building or structure may be eligible for listing on a cultural resources register. If an evaluation determines that the resource is eligible for listing, individually and/or as a contributor to a potential district, on a cultural resource register, the community development director will forward the application to the planning commission for consideration pursuant to Section 17.75.060.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

17.75.060 - Process for Demolition Requests for Buildings or Structures Fifty Years of Age or Older; Consultation, Planning Commission Referral

Prior to demolition of any building or structure fifty years of age or older the following is required:

A.

The community development director will require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The project proponent is responsible for the cost of preparing the cultural resource evaluation.

The cultural resources evaluation, prepared by a qualified consultant as determined by the community development director, shall determine the potential eligibility of the building or structure for listing, individually and/or as a contributor to a potential district, on a cultural resources register.

B.

Concurrently with the preceding, the community development director shall forward the application to cultural resources agencies and experts as he or she may deem necessary for review and comment.

C.

For buildings or structures determined ineligible for listing on a cultural resources register, the city building official may issue a demolition permit after the community development director accepts the cultural resources evaluation as accurate and complete and after consultations as required in paragraph B. A notice of the city building official's decision to issue a demolition permit shall be forwarded to cultural resources agencies at least ten days in advance of demolition. Decisions of the city building official or community development director may be appealed within ten days in accordance with Section 17.75.090(A).

D.

Buildings or structures determined eligible for listing, individually and/or as a contributor to a potential district, on a cultural resources register shall be referred to the planning commission for consideration as follows subject to the findings in Section 17.75.080.

The community development director shall forward a report to the planning commission, including comments and recommendations received in response to consultations pursuant to paragraph B and schedule the application for a public hearing before the planning commission following the process established in Sonora Municipal Code Sections 17.62.030 through 17.62.050.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

For buildings or structures of undetermined age which, in the opinion of the community development director, may be fifty years of age or older, the community development director may require preparation of a cultural resources evaluation at his or her discretion. If, during the preparation of the cultural resources

evaluation, it is determined that the building or structure is less than fifty years of age and ineligible for listing on a cultural resources register, then the provisions of Section 17.75.050 shall apply. If the evaluation determines that the building is fifty years of age or older, then the provisions of Section 17.75.060 shall apply. The decision of the community development director may be appealed in accordance with Section 17.59.010 and 17.75.090(A).

(Ord. 808, § 1, 3-19-2012)

17.75.080 - Planning Commission Findings for Approving Demolition Requests and Alternatives for Action

In considering the demolition application, the planning commission will consider the following:

A.

Findings. Demolition may be approved for a building or structure or portion thereof only where at least one of the following findings are made:

1.

The planning commission determines that the owner would have no economic use of the property unless the structure is removed. In this instance, the applicant shall submit to the city such economic and financial data as is determined necessary by the community development director to substantiate such claim; or

2.

The planning commission determines that the structure is in such a deteriorated condition that demolition will not have a significant effect on the achievement of the purposes of this chapter or the city's general plan; or

3.

The planning commission determines that demolition of the structure is consistent and does not conflict with the city's goals, policies, and programs with respect to the management of cultural resources in the city as reflected in the city's general plan.

B.

Actions. After due consideration, the planning commission shall exercise one of the options listed below:

1.

The planning commission may approve the demolition if the application conforms to one of the three findings listed in subsection A of this section; or

2.

The planning commission may decide that up to a four week stay of demolition be placed upon the processing of the demolition permit, in order to allow time for the applicant and planning commission to seek alternative solutions to demolition. If no alternatives are found, after the period established for stay of demolition, the planning commission may approve the application; or

3.

The planning commission must deny the application if none of the required findings per Section 17.75.080(A) can be made.

(Ord. 647, Subsection 2, 1989; Ord. 808, § 1, 3-19-2012)

A.

An appeal of the community development director or city building official's decision pursuant to this chapter may be made by the applicant, proponent, or any interested party to the planning commission per the process established in Section 17.59.050.

B.

An appeal of the planning commission's decision pursuant to this chapter may be made by the applicant, proponent, or any interested party to the city council in accordance with Sections 17.32.100 through 17.32.130.

(Ord. 600 subsection 4 (part), 1985; Ord. 525 subsection 10, 1979; Ord. 808, § 1, 3-19-2012)

Demolition decisions made pursuant to this chapter shall not become effective until any appeal filed pursuant to Section17.75.090 has been concluded, or the time for filing an appeal has expired and no challenges to the decision have been filed.

(Ord. 808, § 1, 3-19-2012)

17.75.110 - Expiration of Decision; Permit Expiration

A.

A demolition permit must be obtained from the city building official after demolition is approved by the planning commission. A demolition permit must be secured within one year after the date of the decision approving demolition unless:

1.

conditions of planning commission approval establish a shorter expiration period,

2.

an extension has been issued by the community development director, or

3.

a demolition permit has been issued by the city building official.

The community development director may grant an extension of the planning commission's decision approving a demolition for up to one additional year unless a demolition permit already has been issued by the city building official.

B.

Once a demolition permit is issued by the city building official, the demolition permit shall expire, and extensions shall be granted, as per Section 15.10.100 of the Sonora Municipal Code.

(Ord. 808, § 1, 3-19-2012; Amended by Ord. 860 on 10/7/2019)

All lots shall be maintained in a clean, safe and aesthetically pleasing manner after demolition. Failure to comply shall be considered a violation subject to the penalties provided in Chapter 17.70.

(Ord. 808, § 1, 3-19-2012)

A violation of this chapter shall be enforced as provided in Sonora Municipal Code Chapter 17.70.

(Ord. 808, § 1, 3-19-2012)

In addition to the penalties provided in Chapter 17.70, an applicant for a demolition permit to legalize a violation of this chapter shall pay a violation permit processing penalty in accordance with the California Building Code.

(Ord. 808, § 1, 3-19-2012)

17.77 - General Provisions and Exceptions

The regulations set forth in this chapter shall modify or supplement the zoning district regulations appearing elsewhere in this title.

(Ord. 814, § 1, 12-17-12)

17.77.020 - Livestock Keeping

A.

Purpose—Livestock Keeping. The City of Sonora recognizes the health, educational and economic benefits of allowing residents to raise a limited number of livestock within the city limits. The following provisions are intended to allow flexibility for residents to benefit from livestock keeping while preserving adjacent property values and the health and safety of all city residents.

B.

Title 6 (Animals) Consistency—Livestock Keeping. The following provisions are in addition to those contained in Sonora Municipal Code (SMC) Title 6 (Animals). Definitions governing this section are as set forth in SMC Section 6.04.020 and Chapter 17.04. Wherever a conflict occurs between the provisions contained in SMC Title 6 and Title 17 relative to this section, the more restrictive provisions shall apply.

C.

Limits—Livestock Keeping. Parcels qualifying for livestock keeping in the City limits shall meet all of the following standards:

1.

Parcels, dwelling units, families or individuals that may qualify for livestock keeping are:

a.

Parcels that permit a single-family detached residence, including nonresidentially zoned parcels permitting a single-family or caretaker residence as a use permitted by right; or

b.

Vacant parcels regardless of zoning; or

c.

Parcels with a legal nonconforming residence; or

d.

An individual dwelling unit in a multi-family complex, an individual or family in farmworker or employee housing, or an individual occupying special needs housing that maintains control of a minimum parcel area consistent with the livestock density standards in subsection 2. "Control of a minimum parcel area" may be demonstrated by providing written permission from the landowner, landlord, or equivalent to the city that the tenant has permission to undertake livestock keeping in accordance with city standards and designating the size and location of the subject acreage.

2.

Parcels meeting the requirements of subsection one also shall meet the livestock density standards in the following table.

Livestock Density Standards

One small non-hoofed animal unit = twelve poultry, or twelve rabbits, or any combination of poultry and rabbits totaling twelve individual animals

One small hoofed animal unit = two sheep or two goats

One large hoofed animal unit = One domesticated hoofed animal excluding small hoofed animals

D.

General Standards—Livestock Keeping. All livestock keeping within the City limits shall comply with the following:

1.

All livestock shall be maintained in a clean and sanitary manner and shall not pose a threat to public health or safety.

2.

Livestock shall not be allowed to wander off their owner's property.

3.

Where covenants, conditions and restrictions (CC&Rs) or similar devices pertaining to livestock keeping conflict with the provisions of this section, the more restrictive requirements shall apply. Where CC&Rs or similar devices are more restrictive than those of this section, the city will enforce only the provisions of this section.

4.

Livestock shall not be kept inside structures used for human habitation.

5.

Livestock keeping in violation of this section shall be deemed an "animal nuisance" as defined in Section 6.04.020(D).

E.

Standards for Small Non-Hoofed Animal Livestock Keeping. In addition to the general livestock keeping standards in subsection D, the following standards also shall apply to small non-hoofed animal livestock keeping:

Poultry shall be maintained in a moveable coop or chicken tractor on parcels less than one acre in size.

2.

Small animals shall be maintained within the confines of the property, but may be allowed to roam outside of coops, chicken tractors or cages on parcels of one acre or larger.

3.

Coops or cages, including moveable coops and chicken tractors, shall be located outside of required setbacks.

4.

Feed shall be stored in rodent-proof containers.

5.

Meat shall be for the use of the parcel residents only and shall not be used or sold for commercial purposes. Eggs produced on a parcel may be sold from that parcel.

6.

Slaughtering shall occur indoors only.

7.

Roosters are prohibited.

F.

Standards for Hoofed Livestock Keeping. In addition to standards for general livestock keeping in subsection D, the following also applies:

1.

Setbacks for stalls, barns, sheds, corrals or other livestock keeping structures shall be a minimum of twenty-five feet from the property line.

2.

Hoofed-livestock slaughtering on the parcel is prohibited.

G.

Enforcement, Violations and Penalties—Livestock Keeping. The provisions of this section shall be enforced by the animal control office as established in Section 6.04.030. Any person in violation of this section is guilty of an infraction punishable by a fine for the first violation and is guilty of a misdemeanor for subsequent violations subject to the procedures and penalties as prescribed in Title 4 and Chapters 1.08

and 17.70. Any animal impounded pursuant to Chapter 6.04 or Section 17.77.020 shall additionally be subject to fees and charges for impounding as specified in Section 6.04.261.

(Ord. 814, § 1, 12-17-2012)

A.

Cottage food operations (CFOs) shall comply with the provisions of California Government Code Section 51035 and the standards adopted by the City for compliance with Government Code Section 51035 as specified in this Section.

B.

CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.

C.

All CFOs shall submit a cottage food operation permit (CFO Permit) in a format as prescribed by the community development director prior to commencing operations. A CFO permit shall be reviewed and approved, conditionally approved, or denied by the community development director without a hearing. A CFO permit:

1.

Is required for each CFO location and is not transferable between persons or locations.

2.

May be conditioned by the community development director to ensure consistency with the requirements of this section.

3.

May be denied by the community development director if the CFO does not comply with Government Code Section 51035 and the provisions of this section.

4.

Is subject to a fee of fifty dollars, unless otherwise approved by the city council. Each CFO permit amendment is subject to the same fee.

D.

CFO's shall comply with the following:

1.

Obtain a business license from the city prior to commencing operations;

2.

Provide proof, where applicable, of landlord permission to operate a CFO on the premises;

3.

A CFO shall not be located closer than three hundred feet from another CFO as necessary to prevent overconcentration. Three hundred feet shall be as measured between the outer wall of any structure housing the CFO to the nearest outer wall of the next CFO.

4.

CFO's may have one full-time equivalent employee (not counting family members).

5.

All parking associated with the CFO shall be on-site (i.e., off-street). No more than one visitor's vehicle and one nonresident employee's vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in SMC Chapter 17.42 (unless otherwise specified in a city-issued entitlement). All on site vehicle parking shall be designed and constructed in accordance with SMC Section 17.42.040.

6.

Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer-per hour per day. All sales shall occur between 7 a.m. and 8 p.m. Mondays through Fridays, 8 a.m. to 8 p.m. on Saturdays, and 10 a.m. to 3 p.m. on Sundays and federal holidays.

7.

All commercial deliveries shall occur between 8 a.m. and 6 p.m. Monday through Saturday. Commercial deliveries are prohibited on Sundays and federal holidays.

8.

Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 17 of Sonora General Plan 2020, as may be amended.

9.

Signage is prohibited.

10.

No outside storage of materials or supplies is permitted.

11.

There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.

12.

Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.

13.

Customers cannot dine at the CFO.

14.

CFOs may not exceed gross sales levels as established by the State of California for CFOs. The city may request a copy of the CFO operator's most recent income tax return to verify gross sales receipts.

15.

CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Tuolumne County Community Resources Agency Environmental Health Division.

16.

Other measures as may be determined necessary by the community development director for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.

E.

Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section. Failure to comply with any condition attached to the CFO permit by the community development director shall constitute a violation of this section. Any person in violation of this section is guilty of an infraction punishable by a fine for the first violation and is guilty of a misdemeanor for subsequent violations subject to the procedures and penalties as prescribed in Title 4, Chapter 1.08 and Chapter 17.70 of the Sonora Municipal Code.

F.

Decisions of the community development director are final and may not be appealed.

(Ord. 816, § 3, 4-1-2013)