Article 5 — Residential Zones

The purpose of the Residential Zones shall be to allow for a wide range of housing types and uses in the unincorporated area of the County. Such uses shall complement existing residential development within the County’s towns and be compatible with smart growth policies of the County General Plan.

(Ord. 1445, eff. August 14, 2014)

Residential land is separated into five (5) zoning districts, with specific Use Types, minimum lot area, and other requirements, as described below.

(a) Rural Residential - 5 acre minimum parcel size (RR-5) Zone. The purpose of the Rural Residential-5 Zone (RR5) is to recognize existing rural residential areas with no public water and sewer systems surrounded by intensive agriculture, with lot sizes of generally five (5) acres or more. The RR-5 Zone is notably applied in Monument Hills, an area of poorer quality soils. The predominant land use in the zone is large lot rural homes, although attached and/or detached ancillary or second units, and farm worker housing is allowed. The RR-5 Zone is one of the two (2) zoning districts that is consistent with the Rural Residential (RR) land use designation set by the 2030 Countywide General Plan. General Plan Policy AG-1.5 states that areas designated as Agriculture are strongly discouraged from being redesignated to RR or any other non-Agriculture designation. Thus, it is anticipated that the RR-5 zoning will not be extended to any additional areas during the 2030 planning period. The minimum lot size for newly created parcels in the RR-5 Zone is five (5.0) acres.

(b) Rural Residential-2 acre minimum parcel size (RR-2) Zone. The Rural Residential-2 (RR-2) Zone, like the RR5 Zone, recognizes existing areas in the County that have been developed with very low density (one (1) to five (5) acre) large lot homes with no public services such as water or sewer. The RR-2 Zone allows for a limited variety of

agricultural uses, including the keeping of animals, which is regulated based on the size of the parcel. The RR-2 Zone is most notably

applied to the Hardwoods area of Dunnigan, which does not currently have public services but is expected to be connected to public water and sewer within the 2030 planning period. The RR-2 Zone is one of the two (2) zoning districts that is consistent with the Rural Residential (RR) land use designation set by the 2030 Countywide General Plan. As in the case of the RR-5 Zone, General Plan policy strongly discourages areas that are now designated as Agriculture from being redesignated to RR or any other non-Agriculture designation. Thus, it is anticipated that the RR-2 zoning will not be extended to any additional areas during the 2030 planning period. The minimum lot size for newly created parcels in the RR-1 Zone is two (2.0) acres.

. As in the case of the RR-5 Zone, General Plan policy strongly discourages areas that are now designated as Agriculture from being redesignated to RR or any other non-Agriculture designation. Thus, it is anticipated that the RR-2 zoning will not be extended to any additional areas during the 2030 planning period. The minimum lot size for newly created parcels in the RR-1 Zone is two (2.0) acres.

(c) Low Density Residential (R-L) Zone. The Low Density Residential (R-L) Zone includes traditionally low density neighborhoods with primarily detached single family homes located in existing unincorporated towns such as Esparto, Knights Landing, Clarksburg, Madison, Dunnigan, Yolo, and Zamora. Some of these areas have public services including water and sewer, while others do not. Lot sizes in communities zoned R-L with no or limited public services are restricted in size to no less than two acres, in order to accommodate on-site wells and leachfields. Along with single family homes, the R-L Zone also allows duplexes (two family)and small multifamily housing such as “triplexes” (three family), and “four-plexes” (four family). The R-L Zone is the one zoning district that is consistent with the Residential Low (RL) land use designation set by the 2030 Countywide General Plan. The density allowed in the R-L Zone is between one (1.0) and ten (10.0) housing units per net acre. The minimum lot size for newly created parcels in the R-L Zone is one thousand two hundred (1,200) square feet. The maximum lot size for newly created parcels with water and sewer services is one (1) acre.

(d) Medium Density Residential (R-M) Zone. The Medium Density Residential (R-M) Zone includes parcels in neighborhoods with a mix of housing densities, including detached and attached single family homes, condominiums, townhouses, “garden” apartment complexes, and mobile home parks. The R-M zone is applied only in unincorporated towns that are served by some public water and/or sewer system, i.e. Esparto, Knights Landing, Madison, Dunnigan, and Yolo. Certain small compatible neighborhood-serving retail, office, and service uses are also allowed within the R-M Zone as “mixed use residential” activities. The R-M Zone is the one zoning district that is consistent with the Residential Medium (RM) land use designation set by the 2030 Countywide General Plan. The density allowed in the R-M Zone is between ten (10.0) and twenty (20.0) housing units per net acre. The minimum lot size for newly created parcels in the R-M Zone is one thousand two hundred (1,200) square feet.

use residential” activities. The R-M Zone is the one zoning district that is consistent with the Residential Medium (RM) land use designation set by the 2030 Countywide General Plan. The density allowed in the R-M Zone is between ten (10.0) and twenty (20.0) housing units per net acre. The minimum lot size for newly created parcels in the R-M Zone is one thousand two hundred (1,200) square feet.

(e) High Density Residential (R-H) Zone. The High Density Residential (R-H) Zone includes parcels and neighborhoods planned for the more dense condominium, townhouse, and apartment projects. The R-H zone is applied only in unincorporated towns that are served by both public water and sewer systems, i.e. Esparto, Knights Landing, Madison, and Dunnigan. Mixed uses are encouraged in the R-H Zone, and a greater variety of neighborhoodserving retail, office, and service uses are allowed within the R-H Zone than in the R-M Zone. The R-H Zone is consistent with the Residential High (RH) land use designation set by the 2030 Countywide General Plan. The density allowed in the R-H Zone is greater than twenty (20.0) housing units per net acre. The minimum lot size for newly created parcels in the R-H Zone is one thousand five hundred (1,500) square feet.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1547, eff. March 10, 2022)

As required by Sec. 8-2.227 in Article 2 of this chapter, a Use Classification System has been employed to identify residential Use Types. The residential Use Types include the full range of housing described above, as well as other less traditional residential uses such as group care homes, group or co-housing, shelters, and farm labor housing. The

descriptions of the Use Types in this chapter also identify specific activities that are allowed within housing units, or on residentially zoned parcels, such as child care, home occupations, limited retail and service activities, accessory structures, and keeping of animals. These typical Use Types are examples and are not meant to include all uses that may properly be classified within each Use Type.

(a) Single Family Detached and Duplexes. This Use Type includes housing that consists of detached single and second dwelling units, duplexes (two attached units), and accessory dwelling units. Manufactured or modular homes are also included in this Use Type. Single family homes may be found in all the residential zones, and new detached and attached housing is allowed in all zones except for the R-H zone, which is reserved for more dense housing types. Single family homes may be served by either on-site private services (well and septic) or public services.

(b) Small Multifamily Residences (3-4 attached units). This Use Type includes small attached multi-family housing structures such as "triplexes" (three attached units), and "four-plexes" (four attached units). Small multi-family housing is allowed in R-M and R-H zones. Small multifamily residences are allowed within the R-L zone with a Site Plan Review. Attached homes are generally served by public water and sewer.

(c) Large Multifamily Residences (5+ attached units). This Use Type covers a wide variety of housing products with five or more attached dwelling units including larger apartment complexes, condominiums, townhouses, "garden" apartments, and other forms of housing that share common walls and common open spaces. The Use Type includes both rental housing units as well as for sale units. This Use Type does not include group or temporary living situations (rooming, boarding or lodging houses; fraternities; co-housing; motels/ hotels; farm labor housing; or shelters). Large multifamily residences are allowed in the R- M and R-H zones and permitted in the R-L zone with a Site Plan Review. This Use Type may not be served by on-site private services (well and septic) and must be connected with public services.

lude group or temporary living situations (rooming, boarding or lodging houses; fraternities; co-housing; motels/ hotels; farm labor housing; or shelters). Large multifamily residences are allowed in the R- M and R-H zones and permitted in the R-L zone with a Site Plan Review. This Use Type may not be served by on-site private services (well and septic) and must be connected with public services.

(d) Group Homes or Co-Housing. This Use Type includes non-traditional housing arrangements such as “cohousing,” which are larger groups of unrelated people who choose to live within an existing or new multi-family housing project with large common areas for eating and recreating communally. This Use Type does not include roommates sharing a house or a traditional apartment, and does not include group care homes. This Use Type is allowed within all residential zones, with the requirement that adequate land must be available for on-site services, e.g., leachfields, to accommodate the number of residents, if the project is not connected to public services.

(e) Farm Labor Housing. This Use Type includes multi-family housing specifically used by farm workers. This Use Type is regulated and licensed through the State of California when the structure or structures include twenty units or twenty employees, or more. Farm labor housing is allowed within all residential zones with the requirement that adequate land must be available for on-site services, e.g., leachfields, to accommodate the number of residents, if the project is not connected to public services.

(f) Shelters. Shelters are temporary or transitional housing provided for homeless families, temporarily displaced individuals, and domestic violence victims. Shelters are allowed within all commercial and industrial zones with the requirement that adequate land must be available for on-site services, e.g., leachfields, to accommodate the number of residents, if the project is not connected to public services.

(g) Home Occupation/Home Care. This Use Type includes home occupations, group or home care, and child care. Home occupations such as bookkeeping or Internet sales are regulated through a business license and home occupation permit. These home-based activities must have no employees on-site other than the owner and family members, or permanent residents, and must create no traffic or parking in the neighborhood.

Group or home care is multi-family living for the main purpose of providing limited on-site medical and/or assisted home care for elderly or disabled persons, including small to medium-sized convalescent and group care homes. It does not include large convalescent complexes or hospitals. This use is regulated and licensed through the State of California. Child care is also licensed through the State of California. State law requires that local agencies allow

of providing limited on-site medical and/or assisted home care for elderly or disabled persons, including small to medium-sized convalescent and group care homes. It does not include large convalescent complexes or hospitals. This use is regulated and licensed through the State of California. Child care is also licensed through the State of California. State law requires that local agencies allow

small group homes and small child care facilities in all residential zones “by right.” Larger group care and child care, including child care centers, are allowed within most of the agricultural and residential zones, with the requirement that adequate land must be available for on-site services, e.g., leachfields, to accommodate the number of residents, if the project is not connected to public services.

(h) Mixed Residential Commercial. This broad Use Type includes several quasi-commercial activities that are related to agri-tourism and small local-serving retail and services. This Use Type is allowed as an “ancillary” use, which is subordinate to the main residential use of the property or zone. Agri-tourism uses such as small bed and breakfasts/farm stays, small special event facilities, and small wineries/olive mills are described in Sec. 8-2.303, Article 3 of this chapter. All of these small agri-tourism uses are allowed in the RR-5 zone, and some uses are allowed in the RR-2 zone.

This Use Type also includes mixed residential/commercial uses that are not directly related to agri-tourism. The 2030 Countywide General Plan recognizes and encourages the integration of some limited small retail, office, and service structures and activities within residentially zoned neighborhoods and projects, in areas that are already connected to public services. These non-residential uses are limited to businesses that are compatible with, and provide services to, the local neighborhood and town, and do not cause unacceptable impacts, such as traffic, parking, and noise, to the nearby residents. The commercial use must be subordinate to the main residential use.

The commercial/residential Use Type includes small grocery and retail stores; small offices which may house accountants, attorneys, real estate firms, and medical/dental services; and small service businesses such as hair dressers, dry cleaning and laundromats. Size restrictions apply to these uses. These limited commercial/residential uses are allowed within all residential zones, except for the RR-5 and RR-2 zones, which are connected with public services. The Use Type does not include live-work (other than home occupation), restaurants, bars, and retail stores that are more appropriately located in a commercial or downtown district.

and laundromats. Size restrictions apply to these uses. These limited commercial/residential uses are allowed within all residential zones, except for the RR-5 and RR-2 zones, which are connected with public services. The Use Type does not include live-work (other than home occupation), restaurants, bars, and retail stores that are more appropriately located in a commercial or downtown district.

(i) Animal Keeping. This Use Type includes some of the animal keeping activities that are described in Sec. 8- 2.303, Article 3 of this chapter. Keeping of small domestic pets is allowed in all residential zones. Large domestic animals may be kept in the RR-5, RR-2, and R-L zones, with their numbers regulated by how much acreage is available. Roosters and other wild animals are allowed only in the RR-5 zone. Domestic fowl may be kept on parcels less than ten thousand (10,000) square feet in the R-L and R-M Zones with special restrictions.

(j) Agricultural Uses. This Use Type includes many of the agricultural activities that are described in Sec. 8-2.303, Article 3 of this chapter. A range of agricultural uses is allowed in the RR-5, RR-2, and R-L zones. In the Rural Residential zones, residents are allowed to plant and grow crops, pasture animals, and engage in other forms of permanent agriculture, including limited agricultural processing. In the R-L zone, agriculture may be practiced on larger lots that are planned for future residential growth, but may not be developed for some years.

(Ord. 1445, eff. August 14, 2014; as amended by § 6, Ord. 1466, eff. March 24, 2016; as amended by § 2, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1522, eff. August 6, 2020; as amended by § 3, Ord. 1547, eff. March 10, 2022)

Table 8-2.504(a) on the following page lists the permit requirements for each Use Type within each residential zoning district. Use Types are defined as “principal,” “ancillary,” or “accessory” uses which are allowed “by right” (with issuance of only a building permit after zoning clearance), or are allowed through issuance of a nondiscretionary (no public hearing) Site Plan Review. Additional Use Types are defined as “conditional uses” that are permitted through the issuance of a discretionary Minor or Major Use Permit, after a public hearing.

Table 8-2.504(b) lists permitting requirements for a detailed list of “accessory structures” which are allowed in each residential zoning district.

Table 8-2.504(a)

Allowed Land Uses and Permit Requirements for Residential Zones

• An “allowed use” does not require a land use permit, but is still subject to permit requirements of other Yolo County divisions such as Building, Environmental Health, and Public Works.

(Ord. 1445, eff. August 14, 2014; as amended by § 6, Ord. 1466, eff. March 24, 2016; as amended by § 2, Ord. 1494, eff. January 11, 2018; as amended by § 2, Ord. 1497, eff. June 7, 2018; as amended by §§ 2- 3, Ord. 1522, eff. August 6, 2020; as amended by § 2, Ord. 1545, eff. January 6, 2022; as amended by § 3, Ord. 1547, eff. March 10, 2022)

The following Table 8-2.505 identifies the development requirements, including minimum parcel sizes, building setbacks, and other standards that allowed and permitted uses in the residential zones must meet as a standard or condition of any issued building permit, Site Plan Review, or Use Permit. Setback requirements for accessory structures may be different; see Section 8-2.506(a) and (b). Table 8-2.505[(3)]

Development Requirements in Residential Zones

Notes: 1. Parcels in rural areas with no access to public water and/or wastewater services are subject to a 2.0 acre minimum parcel size for new building permits, see Section 8-2.1002(a).

2. The yard abutting a County road is considered the front yard. Properties abutting a major arterial require a 30foot front yard setback, as measured from the edge of road right-of-way.

3. Appropriate findings for discretionary projects, and ministerial residential projects, located within the floodplain are required, see Section 8-2.306(ae),

4. New development within the R-L, R-M, and R-H zones is recommended to meet minimum densities; if not, Site Plan Review or Use Permit is required, at the discretion of the Planning Director, excepting parcels without existing or planned public water and sewer service.

5. Development near the toe of any levee is restricted, see Section 8-2.306(ad). Residential, accessory and other structures shall comply with Sec. 8-2.402(d)(vi) (100-foot setback from streams), unless the size or configuration of the lot makes this requirement infeasible.

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015; as amended by § 6, Ord. 1466, eff. March 24, 2016; as amended by § 2, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1522, eff. August 6, 2020; as amended by § 3, Ord. 1547, eff. March 10, 2022)

The following specific use requirements or performance standards may be applicable to some of the specific uses identified in the previous Table 8-2.504(a), and shall be applied to any issued building permits, Site Plan Reviews, or Use Permits for uses in the residential zones.

(a) Accessory structures.

(1) All habitable accessory structures require issuance of a Building Permit. Certified manufactured homes attached to a foundation system that meets CHSC standards shall be considered a permanent residence. See section 8-2.506(b) for Accessory and Junior Accessory Dwelling Units.

(2) Accessory non-dwelling structures require issuance of a Building Permit if over 120 square feet in size or if the structure has water, wastewater, or electrical service.

(3) The following setback requirements shall apply for detached accessory non-dwelling structures:

(i) Building separation. Detached accessory structures subject to a Building Permit shall be separated from

principal structures and other detached accessory structures subject to a Building Permit by a minimum of ten feet or the minimum distance specified by applicable building or fire codes.

(ii) Front yard: Accessory non-dwelling structures subject to a Building Permit shall comply with the front yard setback regulations for principal uses as set forth in the applicable regulations for each zone district.

(iii) Corner lot setbacks: Accessory non-housing structures on a corner lot shall be located no closer to the street right-of-way than the principal structure on the lot.

(iv) Side and rear yards: Those accessory structures not requiring a Building Permit, such as a storage shed of less than 120 square feet, may be allowed to locate in the side and/or rear yard setback areas. Accessory non-dwelling structures requiring a Building Permit may be within the required side and/or rear yard, but at least three feet from the side property lines if Building Code standards (such as use of improved fire retardant materials) are met.

(4) Except in the Agricultural (A) Zones, accessory structures subject to a Building Permit shall not be erected on a lot until construction of the principal structure has started, and an accessory structure shall not be used unless the principal structure has received a certificate of occupancy.

(b) Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).

(1) Accessory dwelling units (ADU) in residential zones are a permitted use only subject to the requirements set forth separately below and in no case shall an ADU that meets the minimum requirements be subject to discretionary review. A ministerial permit for an ADU may be disapproved only if the Planning Director finds that the ADU would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. A building permit application for an ADU shall be approved or disapproved within 120 days of receipt.

(2) The maximum height of an ADU within a required setback shall be 16 feet.

• (3) The following setback requirements for ADUs shall apply:

(i) Setbacks for existing structures or conversion of structures. No setback shall be required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit.

(ii) New construction. Newly constructed ADUs that do not result from the conversion of an existing structure shall require a setback of four feet from the side and rear property lines.

(iii) Building separation. Detached accessory structures subject to a Building Permit shall be separated from principal structures by a minimum of ten (10) feet and from other detached accessory structures subject to a Building

Permit by a minimum distance specified by applicable building or fire codes.

(4) The following parking standards shall be required of all accessory housing structures except as noted for an ADU:

(i) One parking space shall be provided per accessory dwelling unit. Parking for an ADU may be provided as tandem parking on an existing driveway. Parking lost through the conversion of a garage, carport, or covered parking structure is not required to be replaced. Additional parking for an ADU is not required if the ADU is located:

1. within one-half mile walking distance of public transit;

2. within an architecturally and historically significant historic district;

3. within an existing primary residence or an existing accessory structure; when on-street parking permits are

required but not offered to the occupant of the accessory dwelling unit; or

4. when there is a car share vehicle located within one block of the accessory dwelling unit.

(ii) On-site parking for an ADU may be included within the required rear or side yard areas, provided that the parking is set back at least five feet from the property line and appropriate fencing or landscaping is provided to buffer any adjacent residences.

(iii) Parking spaces shall be otherwise consistent with the design standards provided in Article 13. Table 8-2.506

Specific Requirements and Performance Standards for Accessory Structures

(c) Multifamily residential including group or co-housing.

(1) Small multifamily structures, consisting of 3-4 attached units, and group or co-housing projects, are allowed with the issuance of a Site Plan Review in the R-L and R-M zones, provided that the project meets development standards. At the discretion of the Planning Director, a Minor Use Permit may be required if setbacks or other development standards are not met. Four-plexes are allowed in the R-H zone with the same requirements, provided the project meets the minimum density of 20 units per acre.

(2) Large multifamily projects that consist of five or more attached dwelling units of condominiums, townhouses, apartments per structure, or similar housing, are allowed with the issuance of a Site Plan Review in the R-L, R-M, and R-H zones, provided that development standards are met. At the discretion of the Planning Director, a Minor Use Permit may be required if there are any compatibility issues, or if setbacks or any other development standards are not met.

(3) Group or co-housing projects are allowed with the issuance of a Site Plan Review in the R-L, R-M, and RH zones, provided that the project meets development standards. At the discretion of the Planning Director, a Minor Use Permit may be required if setbacks or other development standards are not met.

(d) Farm worker housing. As required by State law (Health and Safety Code Sec. 17021.5), small farm labor housing projects of no more than six (6) farmworkers are allowed with the issuance of a building permit. A project with more than six (6) farmworkers requires a Minor or Major Use Permit, at the discretion of the Planning Director. A Site Plan Review (or Minor Use Permit in the R-M and R-H zones) may be required for small projects that do not meet any of the following development standards:

(1) The project is designed to be compatible with any adjoining single family residences, including appropriate setbacks, landscaping, and parking.

(2) Adequate land area is available for the provision of on-site services, e.g., leachfields, to accommodate the number of farm employees, if the project is not connected to public services.

(3) The project meets any State regulatory requirements and has received, or will receive in the near future, all necessary State operating permits, including certificates from the Department of Housing and Community Development.

(e) Home occupation. A residential home occupation shall be clearly incidental and secondary to the residential use of the dwelling, which use:

(1) Is confined completely within the dwelling and occupies not more than fifty (50%) percent of the gross area of one (1) floor;

(2) Is operated by the members of the family occupying the dwelling;

(3) Produces no evidence of its existence in the external appearance of the dwelling or premises or in the creation of noise, odors, smoke, or other nuisances to a degree greater than that normal for the neighborhood in which such use is located;

(4) Does not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which the use is located;

(5) Meets the requirements of the Chief Building Official and the fire district of the jurisdiction;

(6) Requires no additions or extensions to the dwelling; and

• (7) Includes no more than one (1) outdoor sign attached to the dwelling, not freestanding, that is smaller than two (2) square feet in area.

(f) Group/home care. Group or home care in single family and multi-family homes is for the main purpose of providing limited on-site medical and home care for elderly or disabled persons. Home care is an allowed use in all zones if six (6) or less beds, as required by State law. Home care with seven (7) or more beds is allowed with the issuance of a Site Plan Review in the A-N, A-X, RR-5, RR-2, R-L and R-M zones, and in specified agricultural, commercial, and industrial zones, provided that the project is designed to be compatible with any adjoining single family residences. At the discretion of the Planning Director, a Minor Use Permit may be required if there are any compatibility issues, or if any of the following development standards are not met:

(1) The project is a small to medium-sized convalescent and care home with no more than twenty (20) beds.

(2) The project is designed to be compatible with any adjoining single family residences, including appropriate setbacks, landscaping, and parking.

(3) Adequate land area is available for the provision of on-site services, e.g., leachfields, to accommodate the number of residents, if the project is not connected to public services.

(4) The project meets State regulatory requirements and has received, or will receive in the near future, all necessary State operating permits.

(5) The project is not located on agricultural land under an active Williamson Act contract.

(g) Child care. Home child care is an allowed “by right” use in all zones if the facility cares for eight (8) children or less, as required by State law (California Health and Safety Code Section 1597.45). Large child care facilities in a residence with more than eight (8) children and up to fourteen (14) children are allowed with the issuance of a Site Plan Review in the A-N, A-X, RR-5, RR-2, R-L and R-M, and in specified commercial zones, provided that the project is designed to address impacts related to density, traffic, parking, and noise. At the discretion of the Planning Director, and as allowed under State law, a Minor Use Permit may be required if there are impacts with the proposed large child care facility that must be addressed through conditions of approval related to the four (4) impact areas cited above.

ercial zones, provided that the project is designed to address impacts related to density, traffic, parking, and noise. At the discretion of the Planning Director, and as allowed under State law, a Minor Use Permit may be required if there are impacts with the proposed large child care facility that must be addressed through conditions of approval related to the four (4) impact areas cited above.

(h) Child care centers. Child care centers are non-residential facilities that typically provide care for more than fourteen (14) children. They include infant centers, child care centers, daycare centers, preschools, nursery schools, and after-school programs. Child care centers are allowed with the issuance of a Site Plan Review in the RR-5, RR-2, R-M and R-H zones, and in specified commercial zones, provided that the project is designed to be compatible with any adjoining single family residences. At the discretion of the Planning Director, a Minor Use Permit may be required for a project under twenty (20) children, or a Major Use Permit may be required for a project larger than twenty (20) children, if there are any compatibility issues, or if any of the following development standards are not met:

(1) The project is designed to be compatible with any adjoining single family residences, including appropriate setbacks, landscaping, and parking.

(2) Adequate land area is available for the provision of on-site services, e.g., leachfields, to accommodate the number of children and employees, if the project is not connected to public services.

(3) The project meets any State regulatory requirements and has received, or will receive in the near future, all necessary State operating permits.

(i) Mixed residential/commercial use. Small mixed commercial activities of less than two thousand (2,000) square feet per business are allowed as an “ancillary” use, subordinate to the main residential use within the residential zones, except for the RR-5 and RR-2 zones, provided public services (water and sewer) are available. These non-residential uses are limited to businesses that are compatible with, and provide services to, the local neighborhood and town, and do not cause unacceptable impacts, such as traffic, parking, and noise, to the nearby residents. Mixed use residential uses include small grocery and retail stores; small offices which may house accountants, attorneys, real estate firms, and medical/dental services; and small service businesses such as hair dressers, dry cleaning and laundromats. These uses do not include live-work (other than home occupation), restaurants, bars, and retail stores that are more appropriately located in a general commercial or downtown district.

(j) Animal keeping.

(1) The keeping of up to four (4) small domestic animals is allowed in all residential zones, except for the RR-2 and RR-5 zones, where up to nine (9) small domestic animals may be kept without need for a kennel permit. For parcels that exceed ten thousand (10,000) square feet, up to six (6) small domestic animals and up to seven (7) domestic fowl or poultry may be kept. Immature animals not yet at the age of sexual maturity shall not count against the total number of animals allowed. The fencing and enclosure requirements set forth in subsection (4) of this subsection shall apply to small domestic animals and domestic fowl or poultry.

(2) For parcels less than ten thousand (10,000) square feet in the R-L and R-M Zones, a total of not more than four (4) domestic fowl or poultry, such as chicken hens, may be kept and maintained in a clean and sanitary pen or structure, no part of which shall be located less than twenty-five (25) feet from any residence, other than a residence owned and occupied by the person owning or in possession of such animals. The keeping of such animals shall not create a health or nuisance problem.

(3) The keeping of large domestic animals is allowed on lots of one-half (0.5) acre or more in the A-R, RR-5, RR-2, and RL zones. Animals may be kept in numbers not exceeding the allotment of Animal Density Points, as defined below, unless authorized by the Zoning Administrator through the issuance of a Site Plan Review application. A property between one-half (0.5) and one (1) acre in size shall receive seven (7) Animal Density Points. A property one (1) acre in size shall receive twenty-five (25) Animal Density Points and shall receive five (5) additional points for each additional one-fifth (1/5) of an acre. Immature animals not yet at the age of sexual maturity shall not count against the total number of animals allowed. Any combination of the following points may be applied:

(i) Beef cows and all similar cattle shall count for twenty (20) points each.

(ii) Horses shall count for fifteen (15) points each, except that miniature horses not exceeding two hundred (200) pounds shall count for seven (7) points.

(iii) Mules, donkeys, burros or pigs shall count for ten (10) points each, except that miniature animals not exceeding two hundred (200) pounds shall count for seven (7) points.

• (iv) Sheep, goats, alpacas and similar small hoofed animals shall count for four (4) points each.

• (v) Fowl, including chickens, turkeys and ducks, but excluding roosters, and geese and peacocks (which constitute wild, exotic, dangerous, or prohibited animals), shall count for one (1) point each.

(vi) Roosters shall count for four (4) points on lots greater than five (5) acres in size. Roosters are not allowed in RL and RR-2 zones unless the lot is greater than five (5) acres in size.

(vii) Wild, dangerous, exotic, or prohibited animals, such as geese and peacocks, shall not be permitted in any residential zone, except for the RR-5 zone, and except that roosters may be allowed on large lots (5 acres or more) in the RR-2 and R-L zones.

• (4) Fencing, enclosure, and sanitation shall be required as follows:

(i) All animals, except household pets (domestic dogs and cats) kept outdoors, shall be kept in an area which is fenced so as to prevent such animals from roaming beyond the property line.

(ii) Within the fenced area, an enclosure or shed shall be provided of sufficient size to provide cover for the animals kept on the parcel.

(iii) No part of an enclosure for one (1) or more large animals shall be located within twenty-five (25) feet of any neighboring dwelling.

(iv) Animal fecal matter in excess of that which can be safely and sanitarily utilized on the premises shall be removed and shall not be allowed to accumulate.

• (k) Beekeeping.

(1) Commercial beekeeping used as “pollinators” is allowed in all of the agricultural zones, and in the Rural Residential (RR-2 and RR-5) zones. The hive(s) owner must maintain current registration status of the bee colony(s) with the Yolo County Agricultural Commissioner in compliance with applicable State Statutes, including required hive movement notices. Any colony that is not properly registered shall be removed from the property and may not be returned to the property for at least six (6) weeks from the date of registering the colony at another site.

(2) Non-commercial urban beekeeping is allowed in all of the agricultural, residential, commercial, and industrial zones as a use allowed “by right.” However, non-commercial urban beekeeping is allowed in the R-L, R-M, and the R-H zones only if all of the following conditions are met and maintained:

(i) The hive(s) owner must be a resident in a dwelling that is located on the same parcel of land on which hive(s) is registered at all times.

(ii) There shall be no more than two (2) bee colonies established on the property, except two (2) additional temporary colonies are allowed for hive separation or new swarm establishment purposes. Such temporary colonies shall be removed from the property within two (2) weeks.

(iii) Colonies shall be placed in the rear yard of the property and in no case shall the hives be closer than twentyfive (25) feet from a public or private street or fifteen (15) feet from abutting property. A barrier consisting of a wood or other fence, at least four (4) feet high, must be placed between the hives and the nearest adjacent neighbors.

(iv) A permanent fresh water source shall be maintained within fifteen (15) feet of the hives.

(3) For non-commercial urban beekeeping in the R-L, R-M, and R-H zones, nuisance behavior by bees may require the hive owner to take remedial actions upon notice by Yolo County, as set forth below. Failure to comply with specified remedial actions order by the Zoning Administrator will constitute a violation of the Zoning Code for enforcement purposes.

(i) Urban beekeeping is allowed only on property which has not been declared as a location where bee hives are potentially a hazard to public health and safety. Those procedures may require removal of all bee colonies from the property through no direct fault of the beekeeper but because a health or safety situation has been shown to exist. Once

property has been declared unsafe for urban beekeeping, it shall not be legal to maintain bees on that property until such status is removed from the property in writing.

(ii) Urban beekeeping privileges may be withdrawn from any property by written notification to the property owner by the Yolo County Zoning Administrator. Withdrawal must be done with cause, however the cause need not be the fault of the beekeeper, nor be a factor that is under the control of the beekeeper. Any condition or combination of circumstances which, in the opinion of the Zoning Administrator jeopardizes, endangers or otherwise constitutes an actual, potential or perceived menace to public health or safety will constitute valid cause to withdraw license to keep bee colonies on the property. Such withdrawal may be appealed to the Planning Commission. Once any property owner has been noticed of withdrawal of privilege to keep bee colony(s) on a particular property, such privilege may be reestablished only upon written request and approval of the Zoning Administrator.

(iii) Written documentation over a medical doctor’s signature certifying that the medical condition caused by beestings to a resident of abutting property would constitute a higher than normal death threatening or hospitalization event will constitute sufficient cause to withdraw the privilege of urban beekeeping from any specific property.

(iv) Abnormally aggressive behavior by bees toward defending their hive beyond the property lines may constitute sufficient cause to withdraw the privilege of urban beekeeping from any specific property. Failure to provide on-site water so as to encourage bees to seek water from swimming pools or other water sources on adjacent properties shall constitute sufficient cause to withdraw the privilege of urban beekeeping from any specific property.

(l) Cottage food operations. Cottage food operations involve the preparation of low risk food products in a private home. Such operations are subject to standards set by the Environmental Health Division according to the requirements of State law (AB 1616, the California Homemade Food Act).

(m) Fireplaces. Wood-burning fireplaces are prohibited in all new residential developments.

(n) Energy Star appliances. Energy Star certified appliances, such as water heaters, swimming pool heaters, cooking equipment, refrigerators, furnaces and boiler units, are required in all new residential subdivisions.

(o) Approval of all residential projects and permits within the floodplain. Approvals of all residential projects and permits within the 100-year and 200-year floodplain must meet FEMA and local flood requirements. Appropriate findings for discretionary projects, or ministerial residential projects, located within the floodplain are required, see Section 8-2.306(ae).

(Ord. 1445, eff. August 14, 2014; as amended by Ord. 681.229, eff. October 29, 2015; as amended by § 6, Ord. 1466, eff. March 24, 2016; as amended by § 2, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1522, eff. August 6, 2020; as amended by § 3, Ord. 1547, eff. March 10, 2022)

Accessory dwelling unit (ADU)

"Accessory dwelling unit" (ADU) means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, and is located on a lot with a proposed or existing primary residence. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence is or will be situated. An ADU attached to an existing dwelling shall not exceed fifty (50) percent of the existing living area of the primary residence. A detached ADU shall not exceed one thousand two hundred (1,200) square feet in floor area. An ADU also includes the following: (a) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code; and (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Accessory non-dwelling building

“Accessory non-dwelling building” shall mean an uninhabited non-residential building that is incidental and accessory to the primary residential use of the subject property. Such structures include, but are not limited to, the

following: detached garage, detached workshop, pool house or cabanas, game room/exercise studio, artist studio, and storage building.

Accessory structure

“Accessory structure” shall mean a detached subordinate structure or building located on the same parcel as the main building and designed and intended for a use which is subordinate to the use of the main building.

Accessory structure conversion

Conversion of an existing accessory structure from a non-habitable and non-work use, such as a garage or storage shed, to a habitable or work use such as a second unit or artist studio.

Accessory use

“Accessory use” shall mean a use lawfully permitted in the zone, which use is incidental to, and subordinate to, the principal use of the site or of a main building on the site and serving a purpose which does not change the character of the principal use, and which is compatible with other principal uses in the same zone and with the purpose of such zone.

Animal keeping

The keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, either as a principal land use or subordinate to a residential use. Includes the keeping of common farm animals, smallanimal specialties, bee farms, aviaries, worm farms, household pets, etc.

Bed and Breakfast (B&B)

See definition in Section 8-2.307.

Cabana or pool house

A building that is located adjacent to a swimming pool and is designed for the dressing and showering of pool users. Cottage food operation

Cottage food operations involve the preparation of low risk food products in a private home, as defined and regulated by the Environmental Health Division according to the requirements of State law (AB 1616, 2012, the California Homemade Food Act).

Dwelling

“Dwelling” shall mean any building, or portion thereof, containing one (1) or more dwelling units designed or used exclusively as a residence or sleeping place for one or more families, but not including a tent, cabin, boat, trailer, recreational vehicle, dormitory, labor camp, hotel, or motel.

Dwelling, multiple-family

“Multiple-family dwelling” shall mean a building, or portion thereof, containing three (3) or more dwelling units, including apartments and flats, but excluding rooming houses, boardinghouses, lodging houses, motels, mobile home parks, hotels, fraternity and sorority houses, and private residence clubs.

Dwelling, single-family

“Single-family dwelling” shall mean a building containing exclusively one (1) dwelling unit.

Dwelling, two-family or duplex

“Two-family or duplex dwelling” shall mean a building containing exclusively two (2) dwelling units under a common roof.

Dwelling unit

“Dwelling unit” shall mean one (1) room or a suite of two (2) or more rooms designed for, intended for, or used by one (1) family, which family lives, sleeps, and cooks therein, and which unit has at least one (1) kitchen or kitchenette.

Efficiency Unit

"Efficiency Unit" means a unit that has a living area of not less than two hundred twenty (220) square feet of floor area with an additional one hundred (100) square feet provided for each occupant of the unit in excess of two (2). The

unit shall be provided with a kitchen sink, cooking appliance, refrigeration facilities, a separate closet, and a separate bathroom containing a water closet, lavatory, and bathtub or shower.

Game/exercise/play room

A building separate from the primary structure that is designed to provide indoor recreation for the occupants of the primary structure.

Garage, private

An accessory building or portion of a main building designed for the storage of self-propelled passenger vehicles, camping trailers, or boats belonging to the owners or occupants of the site and their guests, or an enclosed area for the same use as a private parking area. “Detached garage” shall mean a building separate from the primary structure that is designed for the storage of passenger vehicles, utility or recreational trailers, or boats.

Gazebo

A stand-alone unenclosed shade structure, with a solid or trellis roof, usually open on the sides, used for outdoor living and not for storage purposes.

Greenhouse

“Greenhouse” shall mean an agricultural structure, with transparent or translucent roof and/or wall panels intended for the raising of agricultural plants. “Greenhouse” shall also mean a residential accessory structure, with transparent or translucent roof and/or wall panels intended for the raising of household plants.

Group or Co-housing

“Group or co-housing” shall mean a cooperative or similar collaborative housing development, featuring housing units clustered around a common area and shared kitchen, with additional small meal preparation areas.

Home Occupation

A use which is customarily carried on within a dwelling or manufactured/modular home by the inhabitants thereof, which use is clearly incidental and secondary to the residential use of the dwelling or manufactured/modular home, and which meets the criteria of Sec. 8-2.506(e).

Junior accessory dwelling unit

"Junior accessory dwelling unit" (JADU) means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the [primary] structure.

Kitchen or kitchenette

Any space used or intended or designed to be used for cooking and preparing food, whether the cooking unit is permanent or temporary and portable.

Large domestic animals or fowl

“Large domestic animals or fowl” shall mean and include domestic horses, burros, and mules (family Equidac ), domestic swine (family Suidac ); domestic cattle, sheep, and goats (family Bovidac ), and all fowl, such as chickens, ducks, and turkeys, that do not constitute wild, exotic, dangerous, or prohibited animals; and American bison.

Living quarters

“Living quarters” shall mean one (1) or more rooms in a building designed for, intended for, or used by, one or more individuals for living or sleeping purposes but which does not have cooking facilities.

Miscellaneous accessory structure

An uninhabited building or facility that is incidental and accessory to the primary residential use of the subject property, other than accessory housing or accessory non-dwelling structures. Such structures include, but are not limited to, the following: pool/spa, attached patio cover, gazebo, animal enclosure, and automobile cover. Office, temporary sales

A temporary structure erected or a mobile home parked on a residentially-zoned parcel and used to facilitate the sale of homes within the same subdivision or an adjacent subdivision.

Patio cover or sunshade, attached or unattached

An unenclosed roof structure attached or unattached to a principal dwelling and intended to provide shade to a patio deck or other area.

Play house

“Play house” shall mean a structure with no electrical or plumbing connections that is enclosed (either with solid material, screening, cloth, or other material) on the three (3) or more sides for the use of children’s play and that is not be used for storage.

Second or outdoor kitchen

An outdoor space that contains (singly or in any combination) or has electrical and/or plumbing outlets sufficient to support a stove, range, oven, sink, or dishwasher.

Second unit, attached

“Second unit, attached” shall mean a separate, self-contained dwelling unit that shares at least one (1) common wall with a primary residential structure allowed in addition to the primary dwelling on residentially-zoned parcels as provided by Section 65852.2 of the California Government Code.

Second unit, detached

“Second unit, detached” shall mean a separate, self-contained dwelling unit allowed in addition to the primary dwelling on residentially-zoned parcels as provided by Section 65852.2 of the California Government Code.

Small domestic animal

“Small domestic animal” shall mean and include all dogs, cats, domesticated rabbits, pot-bellied pigs under twentytwo (22) inches in size at the shoulder and the following types of birds: macaws, eclectus, cockatoos and amazons.

Storage building

A building separate from the primary structure that is designed for the storage of miscellaneous household goods and materials including, but not limited to, food, lumber, construction materials, household chemicals, personal records, furniture, pet supplies, and books.

Supportive Housing

“Supportive Housing” shall mean housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, as defined in Section 50675.14 of the California Health and Safety Code. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

Temporary accessory building

A structure erected on a non-permanent foundation that would remain on the subject property for a specified purpose and time period. Such structures include, but are not limited to, the following: temporary sales office.

Transitional Housing

“Transitional Housing” shall mean rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, and in no case more than two (2) years, as defined in Section 50675.2 of the California Health and Safety Code. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. Vehicle cover or carport

A structure composed of wood, metal, concrete, stucco, canvas, heavy plastic, or other material, supported by columns or poles, that is erected on a permanent or non-permanent foundation for the purpose of covering a vehicle and protecting it from sun and rain.

Wild, dangerous, exotic, or prohibited animal

“Wild, dangerous, exotic, or prohibited animal” shall mean and include all animals, the keeping of which requires a permit from the Department of Fish and Game of the State pursuant to Section 2118 of the Fish and Game Code of the State, and shall also include roosters, peacocks, geese, stallions, and bulls. “Wild, exotic, dangerous, or prohibited animal” shall not include any animal which is accessory to a circus or carnival for which a use permit has been issued pursuant to other sections of the County Code.

Workshop, detached

A building separate from the primary structure designed for the storage and use of tools associated with handicrafts such as carpentry, welding, electronics assembly, or other similar activities.

(Ord. 1445, eff. August 14, 2014; as amended by § 6, Ord. 1466, eff. March 24, 2016; as amended by § 3, Ord. 1497, eff. June 7, 2018; as amended by § 3, Ord. 1522, eff. August 6, 2020; as amended by § 3, Ord. 1547, eff. March 10, 2022)