Service Use Standards. [13]
Editor's note—Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 28, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 28 pertained to CO Administrative and Professional Office District. See Ordinance List and Disposition Table for a detailed history of derivation.
This article provides standards for specific service-based land uses in all zones.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition.
Adult entertainment establishment. An "adult entertainment establishment" is any place of business at which one (1) or more of the following activities is conducted:
1.
Adult bookstore means an establishment that devotes more than fifty percent (50%) of the total display, shelf, rack, table, stand or floor area utilized for the display of books and periodicals to the display and sale of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
b.
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
c.
An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifty percent (50%) of the total floor area of the establishment to the sale of books and periodicals.
2.
Adult motion picture theater means an establishment, whether open or closed, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
3.
Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis for depicting or describing specified sexual activities or specified anatomical areas. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing on more than fifty percent (50%) of the operating time.
4.
Adult cabaret means a nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
5.
Adult theater means a theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
6.
Massage establishment means:
a.
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
b.
A massage establishment which provides only specialized massage services and is operated in accordance with the following provisions shall not be considered an adult entertainment establishment. The applicant shall submit proof of proficiency in the specialized field of practice. Proficiency may be established by proof of actual practice in the field of specialization for a period of three (3) years or completion of a course of instruction in the specialized field of practice at a school authorized to provide such instruction by the state of California. The period of practice shall be attested to, in writing, by no less than three (3) persons who meet the educational qualifications described in this paragraph or are members of a professional organization which is incorporated in the state of California which fosters or promotes the specialized field of practice.
7.
Other businesses means any business not otherwise herein defined or identified which involves specified sexual activities or display of specified anatomical areas.
B.
Standards. See Section 26-88-010(f) (entertainment establishment).
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A financial institution providing retail banking services to walk-in customers and clients
1.
Includes: Federally-chartered banks, savings associations, industrial loan companies, credit unions payday lenders, and check cashing businesses.
2.
Excludes: Financial institutions that do not serve walk-in customers (see professional office).
B.
Standards.
1.
C1 and LC zones: 5,000 square feet maximum.
2.
Industrial zones: Must be appropriate to and in conjunction with a permitted industrial development.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities providing customers with maintenance, repair, testing, rental and other similar services.
1.
Includes: Copying and quick printing services; computer rental and repair; security guard services; janitorial services; household good rentals; security systems services; soils and materials testing; electrical, plumbing and heating shops; business equipment and furniture rentals; moving and storage service companies
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A place used for the interment of human or animal remains
1.
Includes: Burial parks, mausoleums, crematories, columbariums, and memorial gardens.
B.
Standards.
1.
Not permitted on property subject to a Williamson Act contract.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities for the boarding and/or training of horses not owned by the property owner or occupant of an on-site residence, related shows, group lessons and clinics, and similar activities.
1.
Includes: Commercial equestrian facilities, education or instruction facilities for horsemanship, riding academies, equestrian riding and driving clubs.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A commercial facility keeping five (5) or more dogs and/or five (5) or more cats over four (4) months of age.
1.
Includes: Boarding, breeding, buying, selling, renting, exhibiting, and training.
2.
Excludes: Veterinary clinics, pet shops, animal shelters.
B.
Standards.
1.
LIA zone: Prohibited on land subject to a Williamson Act contract.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A facility providing non-medical care and supervisions to minors for periods of less than 24 hours.
1.
Includes: Infant centers, preschools, nursey schools, sick-child centers, and school-age day care facilities.
2.
Excludes: Family day care homes.
B.
Standards.
1.
May be operated in conjunction with a school or religious meeting facility, or as an independent land use.
2.
Not permitted on property subject to a Williamson Act contract.
3.
LEA, DA, RRD, AR, and RR zones: May occupy no more than fifty percent (50%) of the parcel or ten (10) acres, whichever is less.
4.
LEA, DA, RRD, AR, and RR zones, the use must be consistent with general plan policy LU-6e.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A facility operated by a governmental agency, non-profit organization, or a religious facility, that provides temporary overnight shelter for homeless persons.
1.
Homeless Shelter, Emergency. A facility providing temporary, short-term emergency housing for individuals or families. The length of stay is generally not more than thirty (30) days and is typically less. On-site services may be provided.
2.
Homeless Shelter, Small Scale. A residential or mixed-use structure which provides temporary for up to ten (10) persons, and may include support services for the residents.
B.
Standards.
1.
Emergency and Small-Scale Homeless Shelters. See Section 26-88-127 (homeless shelters)
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. The keeping and training of horses not owned by the property owner or occupant.
1.
Excludes: Group lessons and clinics, shows, and similar related activities.
B.
Permits.
1.
Zoning Permit required in AR, DA, LEA, LIA, and RRD.
C.
Standards.
1.
May include private lessons (one (1) trainer/one (1) student).
2.
AR zone: Five (5) horses maximum.
3.
Must be consistent with objective AR-4.1 and policy AR-4a of the agricultural resources element.
4.
On a parcel under a Williamson Act contract, use must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations.
D.
Exclusions.
1.
Shall not include group lessons
2.
Group clinics
3.
Shows or similar related activities
(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Transient lodging accommodations provided as part of an agricultural operation.
B.
Permits. Zoning permit required.
C.
Standards. See Section 26-88-085 (agricultural farmstays).
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Overnight guest accommodations to promote agricultural products grown or processed on-site.
B.
Standards. See Section 26-88-086 (marketing accommodations).
C.
Findings. When approving agricultural marketing accommodations, the review authority must find the use consistent with general plan policy LU-6d and LU-6f.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A residential structure with one (1) household or person in permanent residence with bedrooms rented for transient lodging and where meals may be provided.
B.
Permits. Zoning Permit required.
C.
Standards.
1.
See Section 26-88-118 (special use standards for hosted rentals and bed and breakfast inns)
2.
Maximum five (5) guest bedroom, except that up to ten (10) bedrooms allowed in the C2 and K zones.
3.
Design Review required.
4.
C1 and LC zones:
a.
Must be established and maintained in conjunction with an existing or proposed commercial use on the property.
b.
Periodic special events may be allowed only if authorized by the use permit.
c.
Outdoor amplified sound is prohibited at all times.
d.
May not use more than one (1) single-family dwelling on a property.
e.
Accessory structures may not be used for transient occupancy.
5.
C2 and K zones:
a.
Periodic special events may be allowed only if authorized by the use permit.
b.
Outdoor amplified sound allowed only if authorized by the use permit.
c.
May include the use of no more than one (1) single-family dwelling and one (1) accessory structure for transient occupancy. No more than two (2) of the ten (10) guest rooms may be located in an accessory structure.
d.
If an accessory structure is used for transient occupancy, the total floor area available for use by guests, including guest rooms and common areas, may not exceed six hundred forty (640) square feet. Internal doorway or passage between the area available for use by guests and any remaining area of the accessory structure is not allowed.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A residential structure with one (1) household or person in permanent residence with one (1) bedroom rented for transient lodging, where meals may be provided.
B.
Permits. Zoning permit required.
C.
Standards.
1.
See Section 26-88-118 (special use standards for hosted rentals and bed and breakfast inns)
2.
Maximum one (1) guest bedroom.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities with six (6) or more guest rooms or suites rented to the general public for transient lodging of less than thirty (30) days.
1.
Includes: On-site ancillary restaurants, meeting facilities, personal and spa services, recreational facilities, accessory retail uses.
B.
Standards.
1.
K zone:
a.
Maximum two hundred (200) rooms in urban service areas.
b.
Maximum one hundred (100) rooms in rural areas serviced by public sewer.
c.
Maximum fifty (50) rooms in all other locations.
2.
Industrial zones: Must be appropriate to and in conjunction with industrial development permitted in the zone.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Vacation rental means the tenancy of residential property for a term of thirty (30) days or less that is subject to transient occupancy tax.
1.
Excludes: Hosted rentals and bed and breakfast inns.
B.
Permits. Zoning permit and vacation rental license (Chapter 4 Article VII) required.
C.
Standards.
1.
Permit Term. A vacation rental permit automatically expires upon sale or transfer of the parcel.
a.
Allowable Structures. A vacation rental is only allowed in the following:
i.
A detached single family dwelling unit.
ii.
A detached single family dwelling unit together with its legally established guest house.
b.
Restricted Structures. A vacation rental is not allowed in the following:
i.
A structure subject to a recorded governmental restriction, including covenants or agreements for an affordable housing unit, agricultural employee unit, farmworker housing, or a farm family dwelling.
ii.
A structure on a parcel under a Land Conservation (Williamson) Act contract.
iii.
A timeshare.
iv.
Any dwelling unit on a lot created pursuant to Government Code § 66411.7 or local ordinance adopted to implement Government Code § 66411.7.
v.
Any dwelling unit created pursuant to Government Code § 65852.21 or local ordinance adopted to implement Government Code § 65852.21.
vi.
An accessory dwelling unit or junior accessory dwelling unit.
c.
Maximum Occupancy. Maximum occupancy for a vacation rental is up to two (2) guests per bedroom, plus two (2) additional guests per property, up to a maximum of twelve (12) guests, not including children under three (3) years old.
d.
Wastewater Treatment Systems. If a vacation rental is on a conditional or non-standard septic system, or a septic system with capacity limited by a voluntary repair, the maximum occupancy is calculated using the number of bedrooms the septic system is designed to serve. Where no record exists showing size and capacity of the septic system, maximum occupancy is limited to four (4) guests, not including children under three (3) years old.
e.
One Vacation Rental per Parcel. Only one (1) vacation rental is allowed per parcel.
f.
Parking.
i.
Parking spaces must be provided as follows:
ii.
Required parking spaces must be provided on-site, except that one (1) required parking space may be provided on-street.
iii.
Where there is no on-site parking the maximum occupancy is limited to 4 guests, not including children under three (3) years old.
iv.
An on-site parking space must be at least nine (9) feet by twenty (20) feet.
v.
On-street parking must conform to the Sonoma County Parking Regulations and the California Vehicle Code.
vi.
A vacation rental permit cannot be issued where there is no on-site parking or on-street parking within five hundred (500) feet of the parcel.
(Ord. No. 6386, § V(Exh. A), 8-2-2022)
Editor's note— Ord. No. 6386, § V(Exh. A), adopted Aug. 2, 2022, repealed the former § 26-28-160 and enacted a new section as set out herein. The former § 26-28-160 pertained to similar subject matter and derived from Ord. No. 6335, § III(Exh. A), adopted Feb. 9, 2021.
A.
Definition. Any accommodation, or portion thereof, used pursuant to a timeshare plan.
1.
Accommodation, as used in the definition of timeshares, is any residential dwelling unit, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities.
2.
Person, for the purposes of this section, is a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof.
3.
Timeshare plan, as used in the definition of timeshares, is any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser receives the right to exclusive use of an accommodation(s) or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one (1) year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to the accommodation(s), or portion thereof, are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in the accommodation(s), and regardless of whether they are coupled with an estate in real property such as a freehold interest or an estate for years in the property subject to the time-share plan.
4.
Timeshare interest, as used in the definition of timeshares, is the right to exclusively occupy an accommodation for a period of time on a recurring basis pursuant to a timeshare plan, whether or not coupled with an estate in real property.
5.
Timeshare use means the use of one (1) or more accommodations or any part thereof, pursuant to a timeshare plan.
B.
Permits. A use permit is required.
C.
Standards.
1.
Only permitted on parcels within the VR combining district.
2.
Vacation rentals are prohibited in timeshares.
(Ord. No. 6424, § IV(Exh. C), 4-24-2023)
A.
Definition. A business that provides repair and/or maintenance services for appliances, computers, electronics, and other types of non-vehicular-related equipment that is brought to the facility by customers, or picked-up by the business from the client site.
1.
Includes: Only maintenance and repair businesses that do not operate on the same site as a retail establishment which sells the products being maintained or repaired. When maintenance and repair services operate from a retail establishment that sells the products being maintained or repaired, these services are instead considered part of the retail use.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis.
1.
Includes: ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors; emergency heliports.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A facility other than a hospital where medical, mental health, surgical, and other personal health services are provided on an outpatient basis.
1.
Includes: Offices for physicians; dentists; optometrists; diagnostic centers; out-patient care facilities; urgent care facilities; medical laboratories (e.g., blood and tissue testing, x-rays).
2.
Excludes: Hospitals, medical research and development establishments, counseling services not provided by a medical doctor.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities providing non-medical services to individuals as a primary use.
1.
Includes: Barber and beauty shops; clothing rental; dry cleaning stores; laundromats (self-service laundries; massage (licensed and therapeutic); shoe repair shops; tailors; tanning salons.
B.
Standards.
1.
C1, LC: Only personal service establishments which perform services on the premises for persons residing in adjacent residential areas
2.
K: Only personal service establishments intended primarily for travelers.
3.
C1, LC, K: All retail sales and services uses shall be conducted entirely within an enclosed structure.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A place of employment occupied by businesses or public agencies providing professional, executive, management, or administrative services.
1.
Includes: Offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, non-retail financial institutions, real estate agents, news services, photographers, engineers, and other similar professions; includes offices for government agencies.
2.
Excludes: Heavy government services, public safety facilities.
B.
Standards.
1.
LC zone: Must provide services for persons residing in nearby residential areas.
2.
K zone:
a.
Must be within an urban service area.
b.
Must primarily serve tourist commercial and recreational needs.
3.
MP zone: Must be compatible with uses permitted in the zone.
4.
M3 zone: Must be incidental to a permitted use.
5.
PF zone:
a.
On-site administrative office incidental to a permitted use allowed by-right.
b.
Other office uses limited to government offices and require a Use Permit.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, trailers, recreational vehicles, boats, and other vehicles.
1.
Includes: Collision repair, body work, painting/coating services, tire recapping, muffler and radiator shops, quick-lube services, tire and battery sales and installation, car washes and detailing, incidental wholesale and retail sale of vehicle parts as an accessory use
2.
Excludes: Automobile parking; repair shops that are part of a vehicle dealership on the same site; fuel stations; dismantling yards; repair of farm equipment.
B.
Standards.
1.
Industrial zones:
a.
All work must be conducted inside and enclosed structure.
b.
All storage of materials, junk or non-operable vehicles must be screened.
c.
Vehicles may not be parked outside overnight.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Office and indoor facilities providing medical treatment to animals.
1.
Includes: Large and small animal veterinary clinics, animal hospitals, incidental retail sales of pharmaceuticals for the health care of the animals, kenneling of animals onsite.
B.
Standards.
1.
RRD and AR zones: Treatment for farm animals and livestock only, not for companion and exotic animals.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
Service Use Standards. [13]
Editor's note—Ord. No. 6335, § II, adopted February 9, 2021, repealed the former Art. 28, and § III(Exh. A) of the same ord. enacted a new article as set out herein. The former Art. 28 pertained to CO Administrative and Professional Office District. See Ordinance List and Disposition Table for a detailed history of derivation.
This article provides standards for specific service-based land uses in all zones.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition.
Adult entertainment establishment. An "adult entertainment establishment" is any place of business at which one (1) or more of the following activities is conducted:
1.
Adult bookstore means an establishment that devotes more than fifty percent (50%) of the total display, shelf, rack, table, stand or floor area utilized for the display of books and periodicals to the display and sale of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
b.
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
c.
An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifty percent (50%) of the total floor area of the establishment to the sale of books and periodicals.
2.
Adult motion picture theater means an establishment, whether open or closed, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
3.
Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis for depicting or describing specified sexual activities or specified anatomical areas. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing on more than fifty percent (50%) of the operating time.
4.
Adult cabaret means a nightclub, bar, restaurant or similar establishment which during a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
5.
Adult theater means a theater, concert hall, auditorium or similar establishment either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons. A "substantial portion of the total presentation time" means the presentation of activities described above for viewing for more than fifty percent (50%) of the operating time.
6.
Massage establishment means:
a.
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
b.
A massage establishment which provides only specialized massage services and is operated in accordance with the following provisions shall not be considered an adult entertainment establishment. The applicant shall submit proof of proficiency in the specialized field of practice. Proficiency may be established by proof of actual practice in the field of specialization for a period of three (3) years or completion of a course of instruction in the specialized field of practice at a school authorized to provide such instruction by the state of California. The period of practice shall be attested to, in writing, by no less than three (3) persons who meet the educational qualifications described in this paragraph or are members of a professional organization which is incorporated in the state of California which fosters or promotes the specialized field of practice.
7.
Other businesses means any business not otherwise herein defined or identified which involves specified sexual activities or display of specified anatomical areas.
B.
Standards. See Section 26-88-010(f) (entertainment establishment).
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A financial institution providing retail banking services to walk-in customers and clients
1.
Includes: Federally-chartered banks, savings associations, industrial loan companies, credit unions payday lenders, and check cashing businesses.
2.
Excludes: Financial institutions that do not serve walk-in customers (see professional office).
B.
Standards.
1.
C1 and LC zones: 5,000 square feet maximum.
2.
Industrial zones: Must be appropriate to and in conjunction with a permitted industrial development.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities providing customers with maintenance, repair, testing, rental and other similar services.
1.
Includes: Copying and quick printing services; computer rental and repair; security guard services; janitorial services; household good rentals; security systems services; soils and materials testing; electrical, plumbing and heating shops; business equipment and furniture rentals; moving and storage service companies
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A place used for the interment of human or animal remains
1.
Includes: Burial parks, mausoleums, crematories, columbariums, and memorial gardens.
B.
Standards.
1.
Not permitted on property subject to a Williamson Act contract.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities for the boarding and/or training of horses not owned by the property owner or occupant of an on-site residence, related shows, group lessons and clinics, and similar activities.
1.
Includes: Commercial equestrian facilities, education or instruction facilities for horsemanship, riding academies, equestrian riding and driving clubs.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A commercial facility keeping five (5) or more dogs and/or five (5) or more cats over four (4) months of age.
1.
Includes: Boarding, breeding, buying, selling, renting, exhibiting, and training.
2.
Excludes: Veterinary clinics, pet shops, animal shelters.
B.
Standards.
1.
LIA zone: Prohibited on land subject to a Williamson Act contract.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A facility providing non-medical care and supervisions to minors for periods of less than 24 hours.
1.
Includes: Infant centers, preschools, nursey schools, sick-child centers, and school-age day care facilities.
2.
Excludes: Family day care homes.
B.
Standards.
1.
May be operated in conjunction with a school or religious meeting facility, or as an independent land use.
2.
Not permitted on property subject to a Williamson Act contract.
3.
LEA, DA, RRD, AR, and RR zones: May occupy no more than fifty percent (50%) of the parcel or ten (10) acres, whichever is less.
4.
LEA, DA, RRD, AR, and RR zones, the use must be consistent with general plan policy LU-6e.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A facility operated by a governmental agency, non-profit organization, or a religious facility, that provides temporary overnight shelter for homeless persons.
1.
Homeless Shelter, Emergency. A facility providing temporary, short-term emergency housing for individuals or families. The length of stay is generally not more than thirty (30) days and is typically less. On-site services may be provided.
2.
Homeless Shelter, Small Scale. A residential or mixed-use structure which provides temporary for up to ten (10) persons, and may include support services for the residents.
B.
Standards.
1.
Emergency and Small-Scale Homeless Shelters. See Section 26-88-127 (homeless shelters)
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. The keeping and training of horses not owned by the property owner or occupant.
1.
Excludes: Group lessons and clinics, shows, and similar related activities.
B.
Permits.
1.
Zoning Permit required in AR, DA, LEA, LIA, and RRD.
C.
Standards.
1.
May include private lessons (one (1) trainer/one (1) student).
2.
AR zone: Five (5) horses maximum.
3.
Must be consistent with objective AR-4.1 and policy AR-4a of the agricultural resources element.
4.
On a parcel under a Williamson Act contract, use must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations.
D.
Exclusions.
1.
Shall not include group lessons
2.
Group clinics
3.
Shows or similar related activities
(Ord. No. 6403, 3-7-2023; Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Transient lodging accommodations provided as part of an agricultural operation.
B.
Permits. Zoning permit required.
C.
Standards. See Section 26-88-085 (agricultural farmstays).
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Overnight guest accommodations to promote agricultural products grown or processed on-site.
B.
Standards. See Section 26-88-086 (marketing accommodations).
C.
Findings. When approving agricultural marketing accommodations, the review authority must find the use consistent with general plan policy LU-6d and LU-6f.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A residential structure with one (1) household or person in permanent residence with bedrooms rented for transient lodging and where meals may be provided.
B.
Permits. Zoning Permit required.
C.
Standards.
1.
See Section 26-88-118 (special use standards for hosted rentals and bed and breakfast inns)
2.
Maximum five (5) guest bedroom, except that up to ten (10) bedrooms allowed in the C2 and K zones.
3.
Design Review required.
4.
C1 and LC zones:
a.
Must be established and maintained in conjunction with an existing or proposed commercial use on the property.
b.
Periodic special events may be allowed only if authorized by the use permit.
c.
Outdoor amplified sound is prohibited at all times.
d.
May not use more than one (1) single-family dwelling on a property.
e.
Accessory structures may not be used for transient occupancy.
5.
C2 and K zones:
a.
Periodic special events may be allowed only if authorized by the use permit.
b.
Outdoor amplified sound allowed only if authorized by the use permit.
c.
May include the use of no more than one (1) single-family dwelling and one (1) accessory structure for transient occupancy. No more than two (2) of the ten (10) guest rooms may be located in an accessory structure.
d.
If an accessory structure is used for transient occupancy, the total floor area available for use by guests, including guest rooms and common areas, may not exceed six hundred forty (640) square feet. Internal doorway or passage between the area available for use by guests and any remaining area of the accessory structure is not allowed.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A residential structure with one (1) household or person in permanent residence with one (1) bedroom rented for transient lodging, where meals may be provided.
B.
Permits. Zoning permit required.
C.
Standards.
1.
See Section 26-88-118 (special use standards for hosted rentals and bed and breakfast inns)
2.
Maximum one (1) guest bedroom.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities with six (6) or more guest rooms or suites rented to the general public for transient lodging of less than thirty (30) days.
1.
Includes: On-site ancillary restaurants, meeting facilities, personal and spa services, recreational facilities, accessory retail uses.
B.
Standards.
1.
K zone:
a.
Maximum two hundred (200) rooms in urban service areas.
b.
Maximum one hundred (100) rooms in rural areas serviced by public sewer.
c.
Maximum fifty (50) rooms in all other locations.
2.
Industrial zones: Must be appropriate to and in conjunction with industrial development permitted in the zone.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Vacation rental means the tenancy of residential property for a term of thirty (30) days or less that is subject to transient occupancy tax.
1.
Excludes: Hosted rentals and bed and breakfast inns.
B.
Permits. Zoning permit and vacation rental license (Chapter 4 Article VII) required.
C.
Standards.
1.
Permit Term. A vacation rental permit automatically expires upon sale or transfer of the parcel.
a.
Allowable Structures. A vacation rental is only allowed in the following:
i.
A detached single family dwelling unit.
ii.
A detached single family dwelling unit together with its legally established guest house.
b.
Restricted Structures. A vacation rental is not allowed in the following:
i.
A structure subject to a recorded governmental restriction, including covenants or agreements for an affordable housing unit, agricultural employee unit, farmworker housing, or a farm family dwelling.
ii.
A structure on a parcel under a Land Conservation (Williamson) Act contract.
iii.
A timeshare.
iv.
Any dwelling unit on a lot created pursuant to Government Code § 66411.7 or local ordinance adopted to implement Government Code § 66411.7.
v.
Any dwelling unit created pursuant to Government Code § 65852.21 or local ordinance adopted to implement Government Code § 65852.21.
vi.
An accessory dwelling unit or junior accessory dwelling unit.
c.
Maximum Occupancy. Maximum occupancy for a vacation rental is up to two (2) guests per bedroom, plus two (2) additional guests per property, up to a maximum of twelve (12) guests, not including children under three (3) years old.
d.
Wastewater Treatment Systems. If a vacation rental is on a conditional or non-standard septic system, or a septic system with capacity limited by a voluntary repair, the maximum occupancy is calculated using the number of bedrooms the septic system is designed to serve. Where no record exists showing size and capacity of the septic system, maximum occupancy is limited to four (4) guests, not including children under three (3) years old.
e.
One Vacation Rental per Parcel. Only one (1) vacation rental is allowed per parcel.
f.
Parking.
i.
Parking spaces must be provided as follows:
ii.
Required parking spaces must be provided on-site, except that one (1) required parking space may be provided on-street.
iii.
Where there is no on-site parking the maximum occupancy is limited to 4 guests, not including children under three (3) years old.
iv.
An on-site parking space must be at least nine (9) feet by twenty (20) feet.
v.
On-street parking must conform to the Sonoma County Parking Regulations and the California Vehicle Code.
vi.
A vacation rental permit cannot be issued where there is no on-site parking or on-street parking within five hundred (500) feet of the parcel.
(Ord. No. 6386, § V(Exh. A), 8-2-2022)
Editor's note— Ord. No. 6386, § V(Exh. A), adopted Aug. 2, 2022, repealed the former § 26-28-160 and enacted a new section as set out herein. The former § 26-28-160 pertained to similar subject matter and derived from Ord. No. 6335, § III(Exh. A), adopted Feb. 9, 2021.
A.
Definition. Any accommodation, or portion thereof, used pursuant to a timeshare plan.
1.
Accommodation, as used in the definition of timeshares, is any residential dwelling unit, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities.
2.
Person, for the purposes of this section, is a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity, or any combination thereof.
3.
Timeshare plan, as used in the definition of timeshares, is any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser receives the right to exclusive use of an accommodation(s) or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one (1) year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to the accommodation(s), or portion thereof, are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in the accommodation(s), and regardless of whether they are coupled with an estate in real property such as a freehold interest or an estate for years in the property subject to the time-share plan.
4.
Timeshare interest, as used in the definition of timeshares, is the right to exclusively occupy an accommodation for a period of time on a recurring basis pursuant to a timeshare plan, whether or not coupled with an estate in real property.
5.
Timeshare use means the use of one (1) or more accommodations or any part thereof, pursuant to a timeshare plan.
B.
Permits. A use permit is required.
C.
Standards.
1.
Only permitted on parcels within the VR combining district.
2.
Vacation rentals are prohibited in timeshares.
(Ord. No. 6424, § IV(Exh. C), 4-24-2023)
A.
Definition. A business that provides repair and/or maintenance services for appliances, computers, electronics, and other types of non-vehicular-related equipment that is brought to the facility by customers, or picked-up by the business from the client site.
1.
Includes: Only maintenance and repair businesses that do not operate on the same site as a retail establishment which sells the products being maintained or repaired. When maintenance and repair services operate from a retail establishment that sells the products being maintained or repaired, these services are instead considered part of the retail use.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis.
1.
Includes: ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors; emergency heliports.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A facility other than a hospital where medical, mental health, surgical, and other personal health services are provided on an outpatient basis.
1.
Includes: Offices for physicians; dentists; optometrists; diagnostic centers; out-patient care facilities; urgent care facilities; medical laboratories (e.g., blood and tissue testing, x-rays).
2.
Excludes: Hospitals, medical research and development establishments, counseling services not provided by a medical doctor.
B.
Standards. No unique use-specific standards.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Facilities providing non-medical services to individuals as a primary use.
1.
Includes: Barber and beauty shops; clothing rental; dry cleaning stores; laundromats (self-service laundries; massage (licensed and therapeutic); shoe repair shops; tailors; tanning salons.
B.
Standards.
1.
C1, LC: Only personal service establishments which perform services on the premises for persons residing in adjacent residential areas
2.
K: Only personal service establishments intended primarily for travelers.
3.
C1, LC, K: All retail sales and services uses shall be conducted entirely within an enclosed structure.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. A place of employment occupied by businesses or public agencies providing professional, executive, management, or administrative services.
1.
Includes: Offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, non-retail financial institutions, real estate agents, news services, photographers, engineers, and other similar professions; includes offices for government agencies.
2.
Excludes: Heavy government services, public safety facilities.
B.
Standards.
1.
LC zone: Must provide services for persons residing in nearby residential areas.
2.
K zone:
a.
Must be within an urban service area.
b.
Must primarily serve tourist commercial and recreational needs.
3.
MP zone: Must be compatible with uses permitted in the zone.
4.
M3 zone: Must be incidental to a permitted use.
5.
PF zone:
a.
On-site administrative office incidental to a permitted use allowed by-right.
b.
Other office uses limited to government offices and require a Use Permit.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, trailers, recreational vehicles, boats, and other vehicles.
1.
Includes: Collision repair, body work, painting/coating services, tire recapping, muffler and radiator shops, quick-lube services, tire and battery sales and installation, car washes and detailing, incidental wholesale and retail sale of vehicle parts as an accessory use
2.
Excludes: Automobile parking; repair shops that are part of a vehicle dealership on the same site; fuel stations; dismantling yards; repair of farm equipment.
B.
Standards.
1.
Industrial zones:
a.
All work must be conducted inside and enclosed structure.
b.
All storage of materials, junk or non-operable vehicles must be screened.
c.
Vehicles may not be parked outside overnight.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)
A.
Definition. Office and indoor facilities providing medical treatment to animals.
1.
Includes: Large and small animal veterinary clinics, animal hospitals, incidental retail sales of pharmaceuticals for the health care of the animals, kenneling of animals onsite.
B.
Standards.
1.
RRD and AR zones: Treatment for farm animals and livestock only, not for companion and exotic animals.
(Ord. No. 6335, § III(Exh. A), 2-9-2021)