Measure K Zoning
Article 42. - K Recreation and Visitor-Serving Commercial District.
Measure K Zoning Requirements are listed below. You can also use the two buttons below to download Measure K Zoning as a word document or read the zoning requirements on the Sonoma County website.
Sec. 26-42-005. - Purpose.
Purpose: to encourage a compatible blend of recreation and tourist-commercial uses in such a way as to perpetuate Sonoma County's recreational resources in the manner provided in Section 2.3.4 of the general plan.
(Ord. No. 4643, 1993.)
Sec. 26-42-010. - Permitted uses.
Permitted uses include the following:
(a) Visitor information center;
(c) Professional, administrative and general business offices provided that the site is within an urban service area designated in the general plan and that the use is primarily intended to serve tourist commercial and recreational needs;
(d) Home occupations subject to the requirements of Section 26-88-121 and approval of a zoning permit;
(e) The growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food and fiber crops, including wholesale nurseries, conducted and maintained in compliance with Article 65, RC Riparian Corridor Combining Zone;
(f) Small residential community care facility;
(g) Accessory uses and buildings incidental and appurtenant to the primary use;
(h) Small family day care;
(i) Large family day care provided that the applicant shall meet all performance standards listed in Section 26-88-080;
(j) Occasional cultural events; provided, that a written notice stating "The Sonoma County Planning Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date of this notice" is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26-92-040 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26-92-040;
(k) Public parks;
(m) Attached commercial telecommunication facilities subject to the applicable criteria set forth in Section 26-88-130;
(n) Minor and intermediate freestanding commercial telecommunication facilities eighty feet (80′) or less, subject to the applicable criteria set forth in Section 26-88-130;
(o) Noncommercial telecommunication facilities eighty feet (80′) or less in height subject to the applicable criteria set forth in Section 26-88-130;
(p) One (1) bed and breakfast inn, containing not more than ten (10) guest rooms, subject to Article 82 (Design Review) and Article 86 (Parking Regulation). Food service shall be limited to breakfast served to inn guests only, and shall be subject to approval of the Sonoma County department of health services. No weddings, lawn parties or similar activities shall be allowed unless specifically authorized by a use permit issued pursuant to Section 26-42-020. No outdoor amplified sound shall be allowed unless specifically authorized by a use permit issued pursuant to Section 26-42-020. No bed and breakfast inn shall include the use of 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 allowed by this section may be located in the accessory structure, if any. If an accessory structure is used for transient occupancy, the total floor area available for use by guests, including guest rooms and common areas, shall not exceed six hundred forty (640) square feet. There shall be no internal doorway or passage between the area available for use by guests and any remaining area of the accessory structure;
(q) Small wind energy systems not located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to zoning permit approval and the standards in Section 26-88-135;
(r) Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses described in this section;
(s) Vacation rentals with up to five (5) guest rooms, subject to issuance of a zoning permit and compliance with Section 26-88-120 (Vacation Rentals);
(t) One (1) junior accessory dwelling unit per lot, pursuant to Section 26-88-061.
(Ord. No. 6191 , § V(Exh. D), 1-24-2017; Ord. No. 6145, § III , 3-15-2016; Ord. No. 6089, § I(b), 11-24-2014; Ord. No. 5569 § 7, 2005; Ord. No. 5435 § 2(ff), 2003; Ord. No. 5342 § 3, 2002; Ord. No. 5265 § 1(p), 2001; Ord. No. 4973 § 9(a), 1996; Ord. No. 4643, 1993.)
Sec. 26-42-020. - Uses permitted with a use permit.
Uses permitted with a use permit include the following:
(a) Where expressly provided by general plan planning area policy, one (1) dwelling unit on a permanent foundation per lot subject, at a minimum, to the following criteria, and provided that no commercial or recreational use may be permitted unless the dwelling unit is removed or converted to another use in accordance with this district:
(1) The habitable portion of the residence is not located within the FEMA one hundred (100) year flood elevation or is built so as not to be affected by flooding,
(2) The property has constraints or is of such a size as to make it infeasible to develop with the commercial uses allowed by zoning,
(3) The residence complies with setbacks, building heights and other standards of the applicable zoning district,
(4) The subject property is adjacent to a parcel with a residence or is located in an area predominantly developed with residences;
(b) One (1) caretaker unit per lot, provided that the property has not otherwise been developed with a dwelling unit;
(c) Tennis and racquet clubs;
(d) Marinas, including yacht clubs, fueling docks and incidental boat storage sales;
(e) Recreational vehicle parks, tent camps or campgrounds;
(f) Noncommercial clubs and lodges, country clubs and golf courses, including miniature golf courses;
(g) Art, craft, music and dancing schools;
(h) Business, professional or trade schools and colleges;
(j) Public playgrounds, private parks, community centers, libraries, museums and similar public uses and buildings;
(k) Race tracks and appurtenant uses;
(l) Shooting and archery ranges;
(m) Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, small power stations, transformer stations, fire and police stations and training centers, service yards and related parking lots which, at a minimum, meet the criteria of general plan Policy PF-2(s) and which are not otherwise exempt by state law;
(n) Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses;
(o) Large residential community care facility;
(p) Commercial recreation facilities and uses such as indoor and outdoor sports facilities, athletic clubs, amusement parks and health resorts, subject to the limitations on lodging facilities contained in subsection (q) of this section;
(q) Hotels, motels and similar lodging facilities, subject, at a minimum, to a limit of two hundred (200) rooms in designated urban service areas, one hundred (100) rooms in rural areas which are serviced by public sewer, and a limit of fifty (50) rooms otherwise;
(r) Visitor-oriented retail businesses which supply commodities such as groceries, or other foods, drugs, notions or hardware. Personal service establishments intended primarily for travelers. All retail sales and service uses shall be conducted entirely within a building;
(s) Day care center;
(t) Agricultural cultivation in the following areas, for which a management plan has not been approved by the planning director pursuant to Section 26-42-010(e).
(1) Within one hundred feet (100′) of the top of the bank in the Russian River Riparian Corridor,
(2) Within fifty feet (50′) of the top of the bank in designated flatland riparian corridors,
(3) Within twenty-five feet (25′) of the top of the bank in designated upland riparian corridors,
(u) Gymnasiums, health clubs, spas and similar uses;
(v) Amplified live music;
(w) Intermediate and major freestanding commercial telecommunication facilities greater than eighty feet (80′) in height, subject at a minimum to the applicable criteria set forth in Section 26-88-130;
(x) 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;
(y) Weddings, lawn parties or similar activities to be held at a bed and breakfast inn. Outdoor amplified sound may be allowed at these events only if specifically authorized by the use permit;
(z) Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to the standards in Section 26-88-135;
(aa) Live/work uses in conjunction with a legally established single family residential unit subject to the requirements of Section 26-88-122. Live/work uses shall not be permitted in a mixed use development, SRO unit, or caretaker unit;
(bb) Mixed Use Developments. Additional dwelling units for permanent occupancy as part of a mixed commercial/residential development, provided that: (i) the property is located within an urban service area as defined in the general plan; (ii) that the residential units provide workforce housing serving an existing or proposed commercial use on the property; (iii) that the residential units are provided as affordable to very low- or low-income households, subject to the provisions of Section 26-88-123, Mixed use developments. Notwithstanding Section 26-88-123(b), no more than ten percent (10%) of the total gross project floor space shall be in residential floor area. Residential units provided under this section shall be in addition to the caretaker unit allowed by this zoning district;
(cc) Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those uses described in this section;
(dd) Restaurants serving alcohol, bars, and cocktail lounges.
( Ord. No. 6140, § II(Exh. B) , 1-5-2016; Memo of 7-24-2015; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(gg), 2003; Ord. No. 5265 § 1(n), 2001; Ord. No. 4973 § 9(b), (c), 1996; Ord. No. 4643, 1993.)
Editor's note— The language contained in subsection (cc) was added at the request of the county per a memo dated July 24, 2015.
Sec. 26-42-030. - Permitted building intensity and development criteria.
The use of land and structures within this district is subject to this article, the applicable regulations of this chapter, and the provisions of any district which is combined herewith. 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) Building Intensity. The maximum building intensity of the use of a site shall be determined by multiplying the maximum building height limit and the maximum lot coverage. The specified height or lot coverage limits may be modified if a use permit is first secured and if the maximum building intensity is not exceeded.
(b) Maximum Building Height.
(1) Thirty-five feet (35′) provided, however, that the additional height may be permitted subject to subsection (a) of this section.
(2) Maximum height for telecommunication facilities is subject to the provisions of this article and Section 26-88-130.
(c) Minimum Lot Size.
(1) Where both public sewer and public water services are provided or where public sewer service alone is provided, eight thousand (8,000) square feet.
(2) Where public water service alone is provided, one (1) acre.
(3) Where neither public sewer service nor public water service is provided, one and one-half acres.
(d) Minimum Lot Width. The minimum average lot width within each lot is eighty feet (80′).
(e) Maximum Lot Coverage. Fifty percent (50%), provided that additional lot coverage may be permitted subject to subsection (a) of this section.
(f) Yard Requirements. The following shall apply except that if the subject property adjoins land which is zoned AR or is designated as agricultural land, the use is subject to the requirements of Section 26-88-040(g).
(1) Front Yard. Not less than fifteen feet (15′), provided, that no structure shall be located closer than forty-five feet (45′) to the centerline of any public or private road, street or highway. Setbacks may be reduced up to five feet (5′) in order to attain an average of fifteen feet (15′).
(2) Side Yard. Not less than five feet (5′) except where the side yard abuts a street in which case such yard shall be the same as a front yard. On lots where access is gained to an interior court by way of a side yard, or where an entrance to a building faces the side line, said yard shall be not less than ten feet (10′).
(3) Rear Yard. Not less than ten feet (10′).
(4) No garage or carport opening facing the street shall be located less than twenty feet (20′) from any exterior property line.
(5) Where twenty-five percent (25%) or more of the lots on any one (1) block or portion thereof in the same zoning district have been improved with buildings, the required front yard may be reduced to a depth equal to the average of the front yards of the improved lots, subject to the restrictions of subsection (f)(4) of this section.
Note: Yard requirements for commercial uses may be waived by the board of zoning adjustments.
(g) Parking Requirements.
(1) Residential Use.
(i) Not less than one (1) covered parking space for each dwelling unit;
(ii) Not less than one-half (½) uncovered guest parking space for each dwelling unit in a garden apartment or dwelling groups involving four (4) or more dwelling units;
(iii) Developments containing nine (9) or more dwelling units shall provide an additional one-half (½) guest parking space for each dwelling unit having two (2) or more bedrooms.
(2) Any other use shall provide off-street parking in accordance with the standards established in Article 86.
(h) Design Review. Design review approval shall be required for all permitted uses or as otherwise provided herein in the manner provided in Article 82.
(Ord. No. 4973 § 9(d), 1996; Ord. No. 4643, 1993.)