Chapter 17.18

This chapter regulates new and existing structures and land uses in the overlay zones estab-

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lished by Chapter 17.06 (Zones and Zoning Map). The provisions of this chapter provide guidance for development in addition to the standards and regulations of the underlying base zones, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning. [Source: 17.16.010, modified]

• A. Mapping of Overlay Zones. The applicability of any overlay zone to a specific site is shown by the overlay Zoning Map symbol established Chapter 17.06 (Zones and Zoning Map), being appended as a suffix to the symbol for the base zone on the Zoning Map (i.e., PI-FH, MDR-HO). [Source: 17.16.020.A, modified]

• B. Conflicting Provisions. The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. In the event of any perceived conflict between the provisions of this chapter and any other provision of this Zoning Code, the most restrictive shall control. [Source: 17.16.020.B, modified]

• A. Purpose. The intent of the -AS overlay zone is to protect people and property both in the air and on the ground by regulating structures that may affect navigable airspace, consistent with Federal regulations, and to minimize noise, safety, and other conflicts between airport operations and surrounding land uses. Land uses within the -AS overlay zone are regulated in recognition that certain development and land use characteristics may conflict with the safe and efficient operation of the airport and aircraft.

It is further the intent of this overlay zone to establish consistency between the Zoning Code regulations and the adopted policies of the

Sonoma County Airport Land Use Commission as they exist at the time of Zoning Code adoption. [Source: 17.18.030.A, modified]

• B. Applicability. The -AS overlay zone applies to lands within the Sonoma County Airport referral area that are subject to the Sonoma County Comprehensive Airport Land Use Plan. [Source: 17.18.030.B, modified]

• C. Allowed Land Uses. Any land use normally allowed in the underlying base zone may be allowed within the -AS overlay zone, provided that the land use is also in compliance with any applicable Airport Land Use Plan standards. [Source: 17.18.030.C, modified]

• D. Permit Requirements. A proposed development and/or new land use within the -AS overlay zone shall obtain the land use permit(s) required for the specific use in the underlying base zone. [Source: 17.18.030.D, modified]

• E. Development Standards. Development and new land uses within the -AS overlay zone shall comply with the Airport Land Use Plan, all applicable permit and development requirements of the underlying base zone, and the following requirements. [Source: 17.18.030.E, modified]

  1. Height Limits. The height limits of the Airport Land Use Plan apply if they are more restrictive than otherwise required by this article for the underlying base zone, or by Article 3 (Regulations Applicable to All Zones). [Source: 17.18.030.E.1, modified]

  2. Open Space. The open space defined by the Airport Land Use Plan applies if after reviewing the Airport Land Use Plan as applied to the entire affected zone and not just those parcels within the Town, it is more restrictive than otherwise required by this article for the underlying base zone, or by Article 3 (Regulations Applicable to

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All Zones). Open Space areas are also identified in General Plan Figure PHS-11: Designated Airport Open Space Areas. [Source: 17.18.030.E.2, modified]

3. Intensity of Use. Intensity of proposed uses within the -AS overlay zone shall be defined by the Airport Land Use Plan. Prior to issuance of any Building Permit on commercial properties in the -AS overlay zone, the Town may require the property owner to execute and record an agreement or similar legal instrument limiting the number of employees and type of business to those allowed by the Airport Land Use Plan. [Source: 17.18.030.E.3]

uses within the -AS overlay zone shall be defined by the Airport Land Use Plan. Prior to issuance of any Building Permit on commercial properties in the -AS overlay zone, the Town may require the property owner to execute and record an agreement or similar legal instrument limiting the number of employees and type of business to those allowed by the Airport Land Use Plan. [Source: 17.18.030.E.3]

4. Noise Mitigation. Proposed structures shall be designed and constructed to provide noise insulation to reduce interior noise levels to the community noise equivalent level (CNEL) recommended by the Noise Element of the General Plan. [Source: 17.18.030.E.4]

5. Avigation Easements, Noise Agreements. Prior to the Town's issuance of any Building Permit, the approval of a Tentative Map, or the approval of a land use permit in compliance with this Zoning Code the property owner shall enter into an agreement with the County of Sonoma granting any necessary avigation easements for aircraft over flight and acknowledging and permitting the ongoing exposure of the site to aircraft noise. The property owner shall record the agreement/easements with the Sonoma County Recorder. [Source: 17.18.030.E.5]

• A. Purpose. The -FH overlay zone is applied to areas within the Town prone to flooding, to protect people and property by requiring that proposed development and new land uses be designed and constructed to minimize the risk

of flood damage, and to not increase the flood hazard on other properties. [Source: 17.16.040.A]

• B. Applicability. The -FH overlay zone is applied to areas determined to be at risk for flood hazards identified on the maps prepared by the Federal Emergency Management Agency (FEMA), and to other areas that may be identified by the Town Engineer as being subject to flooding. [Source: 17.16.040.B]

• C. Allowed Land Uses. Any land use normally allowed in the underlying base zone by this article may be allowed within the -FH overlay zone, provided that the land use is also in compliance with development standards identified below and other applicable development standards required by this Zoning Code and Town Code. [Source: 17.16.040.C, modified]

• D. Development Standards. Development and new land uses shall comply with the following requirements, to prevent encroachment of flood waters on adjacent properties, and prevent undue increases in flood heights and danger to life and property within this and adjoining zones. [Source: 17.16.040.C]

  1. New residential and nonresidential structures are allowed, if designed, constructed, and utilized so that appreciable flood damage will not occur. No basements in structures will be allowed to be constructed below ground level and the lower floor of structures will be elevated a minimum of one (1) foot above the flood profile level. All foundations shall be constructed to withstand or resist water or water pressure, and the top of foundations shall be six (6) inches above the flood profile level. On parcels not being subdivided nor involving more than a one-acre development site, the Town Engineer will assist applicants for building permits in locating the flood profile levels. Subdivisions will be allowed if all the area to be subdivided

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is filled to the elevation of the selected flood profile level prior to platting, and all development conforms to Federal flood insurance regulations and programs. [Source: 17.16.040.C.1, modified]

2. Any structure allowed shall be floodproofed to the satisfaction of the Town Engineer and consistent with Federal requirements and located so that it will minimize obstruction to water flow. [Source: 17.16.040.C.2, modified]

3. Where the Town determines that topographic data, engineering studies, or other professional studies are needed to determine the effects of flooding on a proposed structure, or the effect of the structure on the floodway, the Town may require the applicant to submit requested studies prepared by qualified professionals. [Source: 17.16.040.C.3, modified]

• A. Purpose. The -HO overlay zone is applied to protect structures, parcels, and areas that are reminders of past eras, events, and people important to the history of the Town. These areas provide significant examples of architecture and styles of the past, which are irreplaceable assets to the Town. These cultural resources are reminders of the Town's unique heritage and its place in the development of the state and nation. [Source: 17.16.050.A]

• B. Applicability. The -HO overlay zone is applied to areas that have been identified as having special historical, architectural, or aesthetic interest or value. [Source: 17.16.050.B]

• C. Allowed Land Uses. Any land use normally allowed in the underlying base zone shall be allowed in the -HO overlay zone, provided that the land use is also in compliance with applicable development standards of this Zon-

ing Code and the development standards established in this section. [Source: 17.16.050.C]

• D. Destruction of Site or Structure. If the designated site or structure is demolished or destroyed by fifty (50) percent or greater due to a natural disaster or occurrence (e.g., earthquake, fire, flood, etc.) the property owner may obtain a Building Permit to remove the structure if it poses an immediate health or safety issue, without first obtaining a discretionary permit [Source: 17.16.050.D, modified]

• E. Permit Requirements. Due to the historical significance of the structures or site, a proposed development within the -HO overlay zone shall be subject to the following: [Source: 17.16.050.E]

  1. Any new development shall be subject to the permitting process of the underlying base zone. The development project will be subject to environmental review consistent with the California Environmental Quality Act (CEQA). Appropriate mitigation measures shall be required for any significant impacts identified. [Source: 17.16.050.E.1]

  2. Alterations shall be subject to the Minor Use Permit process and demolition shall be subject to the Conditional Use Permit process in compliance with Chapter 17.58 (Conditional Use Permit and Minor Use Permit). At the discretion of the Director, Minor Use Permits for alternations may be referred to the Commission for consideration. [Source: 17.16.050.E.2, modified]

  3. Interior renovations, re-roofs, and similar alterations that require a Building Permit are subject to administrative review and action by the Director. [Source: 17.16.050.E.3]

• F. Development Standards. Development and new land uses within the -HO overlay zone

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shall comply with the following requirements, to assure that alterations and/or use does not alter or destroy the significance of the architecture and style that is being protected. Refer to Chapter 17.24 (Historic Preservation and Conservation) for additional criteria and standards. [Source: 17.16.050.F]

1. Efforts shall be made to incorporate the existing use into any new development of the parcel. [Source: 17.16.050.F.2]

2. Whenever feasible, development shall reuse architectural or historical buildings in a manner that preserves their historic architectural merit. [Source: 17.16.050.F.3]

3. Development is subject to the Historic Conservation and Preservation Standards as provided in Chapter 17.24 (Historic Preservation and Conservation). [Source: 17.16.050.F.4]

4. Development proposal shall be referred to the Northwest Information Center of the California Archaeological Inventory, Sonoma State University for review and recommendations. [Source: 17.16.050.F.5]

5. Preservation, restoration, rehabilitation, alteration, and reconstruction are subject to the California Historical Building Code. [Source: 17.16.050.F.6]

6. The Town may request, at the applicants' expense, the expertise of a design professional with a background in historic preservation to provide review and recommendations on development applications. [Source: 17.16.050.F.7]

ARTICLE 3.

REGULATIONS APPLICABLE TO ALL ZONES