Purpose: to conserve and protect land that is necessary for future mineral resource production. The MR district is intended to be applied only where consistent with the aggregate resources management plan and combined with base zoning within the general plan's land intensive agriculture, land extensive agriculture, diverse agriculture and resources and rural development land use categories. This zone allows mining with the issuance of a surface mining use permit and the approval of a reclamation plan, but restricts residential and other incompatible uses. Its uses supersede those allowed in the applicable base district.

(Ord. No. 4643, 1993: Ord. No. 2862)

(a)

Geotechnical studies involving no grading or construction of new roads or pads;

(b)

Timber management including planting, raising and harvesting of trees and logs for lumber or fuel woods subject to requirements of California Department of Forestry and Fire Protection;

(c)

Raising, grazing, maintaining and breeding of horses, cattle, sheep, goats and similar animals;

(d)

The outdoor growing and harvesting of plants, flowers, fruits, vegetables, shrubs, vines, trees, hay, grain and other similar food and fiber crops. Except as noted below, agricultural cultivation shall not be permitted in the following areas:

(1)

Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) from the top of the bank on designated upland riparian corridors.

Agricultural cultivation may be allowed as set out in subsections (d)(1) through (3) of this section upon approval of a management plan which includes appropriate mitigation for potential erosion, bank stabilization and biotic impacts. This plan may be approved by the planning director or by use permit pursuant to Section 26-72-020(k);

(e)

The indoor growing and harvesting of shrubs, vines, trees, hay, grain and similar food and fiber crops provided that the greenhouse or similar structure for indoor growing is less than eight hundred (800) square feet;

(f)

Incidental cleaning, grading, packing, polishing, sizing or similar preparation of crops which are grown on the site but not including agricultural processing;

(g)

Temporary or seasonal sales and promotion, and incidental storage of crops or fuel woods which are grown on the site;

(h)

Temporary or seasonal sales and promotion of livestock which have been raised on the site;

(i)

Beekeeping.

(j)

Attached commercial telecommunication facilities subject to the applicable criteria for such facilities in the CO district set forth in Section 26-88-130;

(k)

Minor freestanding commercial telecommunication facilities that are consistent with any applicable mining and reclamation plan, and subject to the applicable criteria for such facilities in the CO district set forth in Section 26-88-130, and subject to approval of a zoning permit, including environmental review, for which written notice, including a site plan and one (1) elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section.

(l)

Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26-88-130. Facilities between forty feet (40′) and eighty feet (80′) in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Section 26-92-040 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above section.

(Ord. No. 4973 § 13(a), 1996; Ord. No. 4643, 1993.)

Uses permitted with a use permit include the following:

(a)

Mineral extraction and production as described below. In addition to meeting the requirements of this chapter, every use permit issued hereunder shall meet the requirements for a surface mining permit under the surface mining and reclamation ordinance, Chapter 26A of the Sonoma County Code and as such, when approved, shall constitute the surface mining permit required by Chapter 26A-3.

(1)

Hardrock quarry operations; defined as processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits.

(i)

Asphalt batch plants incidental to hardrock quarries,

(ii)

Cement concrete batch plants incidental to hardrock quarries,

(iii)

Equipment storage yards incidental to resource management, including packing, repairing and storage of equipment so used,

(iv)

Accessory structures, offices or other uses incidental to hardrock quarry operations,

(2)

River terrace operations, defined as sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

(i)

Sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand, gravel, overburden, and topsoil,

(ii)

Equipment storage yards incidental to resource management, including parking, repairing and storage of equipment so used,

(iii)

Accessory structures, offices or other uses incidental to river terrace operations,

(3)

Instream operations; defined as sand and gravel operations which entail the extraction and sale of sand, gravel, and overburden from streams and rivers. Processing shall be limited to the removal and placement of oversized (+3″) particles;

(b)

The raising, feeding, maintaining and breeding of poultry, fowl, rabbits, fur-bearing animals or animals such as veal calves, pigs, hogs and the like, which are continuously confined in and around barns, corrals and similar areas for other than domestic purposes. Incidental processing of such animals which are raised on site. This subsection shall not be interpreted so as to require a use permit for animals allowed by Section 26-72-010(c);

(c)

Geotechnical studies which involve grading or construction of new roads or pads;

(d)

Commercial harvesting and sales of off-site fuel woods not subject to the requirement of the California Department of Forestry and Fire Protection;

(e)

Controlled burns undertaken for purposes of fuel load management and wildlife habitat enhancement;

(f)

Oil and gas wells;

(g)

Unpaved private landing strips;

(h)

Accessory structures, or uses incidental and appurtenant to any use for which a use permit has been granted or is required;

(i)

Water conservation dams and ponds;

(j)

Minor public utility buildings and public service or utility uses (transmission and distribution lines and telecommunication facilities excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of general plan Policy PF-2s and which are otherwise exempt by state law;

(k)

Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26-72-010(d).

(1)

Within one hundred feet (100′) from the top of the bank in the Russian River Riparian Corridor,

(2)

Within fifty feet (50′) from the top of the bank in designated flatland riparian corridors,

(3)

Within twenty-five feet (25′) from the top of the bank on designated upland riparian corridors;

(l)

Game preserves and refuges;

(m)

Intermediate and major freestanding commercial telecommunication facilities subject at a minimum to the applicable criteria for such facilities in the C2 district set forth in Section 26-88-130 and provided that the proposed facility is consistent with any applicable mining and reclamation plans.

(n)

Noncommercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26-88-130 and provided that the proposed facility is consistent with any applicable mining and reclamation plans.

(Ord. No. 4973 § 13(b), (c), 1996; Ord. No. 4643, 1993.)

The use of land and structures within this district is subject to this article and the applicable regulations of this chapter. Policies and criteria of the general plan and any applicable specific or area plan or local area development guidelines shall supersede the standards herein.

(a)

Density. Residential density shall be as shown in the general plan land use element, or that density permitted by a B combining district, whichever is more restrictive. There shall be no minimum lot size for inclusion into the MR district.

(b)

Minimum Yard Requirements for Uses Other than Mineral Extraction and Production:

(1)

Front Yard Required. Ten percent (10%) of the depth of the lot, but not more than one hundred feet (100′) nor less than thirty feet (30′).

(2)

Side Yard Required. Ten percent (10%) of the width of the lot, but not more than fifty feet (50′).

(3)

Rear Yard Required. Fifty feet (50′).

(c)

Maximum Building Height.

(1)

Fifty feet (50′), provided that additional height may be permitted where special structures are required if a use permit or use permit waiver is first secured in each case.

(2)

Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.

(d)

Parking Requirements.

(1)

On-site parking shall be screened where practical from view from public roadways by natural vegetation, landscaping, natural topography, fencing or structures.

(2)

On-site parking shall not block emergency vehicle accessways and turnarounds.

(Ord. No. 4973 § 13(d),1996; Ord. No. 4643, 1993; Ord. No. 2862.)