CHAPTER 1: RESIDENTIAL-OPEN SPACE LAND USE TABLE

Transcription

1 CHAPTER 1: RESIDENTIAL-OPEN SPACE LAND USE TABLE ARTICLE 1: PURPOSE Purpose The purpose of the Residential-Open Space Land Use Table is to designate the uses permitted within each of the following zones, subject to the development standards for such uses set forth in Title III of this Code. (a) 160 PERMANENT AGRICULTURAL-EXTENSIVE LAND USE ZONE as further regulated in Chapter 5, Article 1.5 of (b) (c) (d) (e) 80 PERMANENT AGRICULTURAL-EXTENSIVE LAND USE ZONE as further regulated in Chapter 5, Article of 40 PERMANENT AGRICULTURAL INTENSIVE LAND USE ZONE as further regulated in Chapter 5, Article.5 of 0 PERMANENT AGRICULTURAL INTENSIVE LAND USE ZONE as further regulated in Chapter 5, Article 3 of UR URBAN RESERVE LAND USE ZONE as further regulated in Chapter 5, Article 4 of (f) IR INDUSTRIAL RESERVE LAND USE ZONE as further regulated in Chapter 5, Article 5 of (g) (h) (i) (j) (k) (l) AR- AGRICULTURAL-RESIDENTIAL LAND USE ZONE as further regulated in Chapter, Article of AR-5 AGRICULTURAL-RESIDENTIAL LAND USE ZONE as further regulated in Chapter, Article 3 of AR- AGRICULTURAL-RESIDENTIAL LAND USE ZONE as further regulated in Chapter, Article 4 of AR-1 AGRICULTURAL-RESIDENTIAL LAND USE ZONE, as further regulated in Chapter, Article 5 of 1 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article of RESIDENTIAL LAND USE ZONE, as further regulated in Chapter 15, Article 3 of (m) 3 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 4 of (n) (o) 4 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 5 of 5 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 6 of II-1

2 (p) 7 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 6.5 of (q) RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 7 of (q.1) 15 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 7.5 of (r) 0 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 8 of (r.1) 5 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 8.5 of (s) 30 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article 9 of (t) 40 RESIDENTIAL LAND USE ZONE as further regulated in Chapter 15, Article of (u) (v) (DELETED) RM- MOBILEHOME SUBDIVISION LAND USE ZONE as further regulated in Chapter 15, Article 1 of (w) RR RECREATION RESERVE LAND USE ZONE as further regulated in Chapter 0, Article of (x) O RECREATION LAND USE ZONE as further regulated in Chapter 0, Article 3 of Table I Permitted Uses Within the Buildable Area of Residential-Open Space Lots. A X indicates that the described use is permitted in the zone represented by the symbol appearing at the top of the column. A number indicates that the described use is permitted in that zone upon compliance and maintenance of the special condition referenced by the corresponding number in Section of this Article. The special condition requirements shall be in addition to all other requirements of this Code and any other Ordinance governing the described use. (Board adopted February, 1988) (Amended 3/4/99) (Revised 4/6/000) (Amended /14/01) (Amended 4/17/0) (Amended 8//05) (Amended 1/14/11). II-

3 TABLE I PERMITTED USES WITHIN THE BUILDABLE AREA OF RESIDENTIAL-OPEN SPACE LOTS A. Residential USES UR IR AR- AR-5 AR- AR (MHP) RM- 15/0 5/30 40 RR O DW 1 Single Family Dwelling (Except Mobilehome) X X X X X 13 X X X X X X X X X X X X X X X X 16 8 Single Family Dwelling: Over Stories or 30 Feet X X X X X X X X X X X X Two Family Dwelling: Duplex and Halfplex.1 4 Two Family Dwelling: Over Stories or 30 Feet X X X X 6 Garage Sales (Section ) X X X X X X X X X X X X X X X X X X X X X X X Multiple Family Apartments Condominiums Townhouse, Row House, or Cluster Development Farm Stay X X X X X X Fraternity House X X X 1 Boarding House Residential Care Home for More Than 6 Children Residential Care Home for More Than 6 Adults Child Day Care Center for More than 8 Children X X X X Family Day Care Home Accessory Uses and Structures X X X X X 13 X X X X X X X X X X X X X X X X X Accessory Buildings as Guest Houses or Employee Quarters 4 Agricultural Accessory Dwellings X X X X Residential Accessory Dwelling * Mobilehomes as Primary Residence on a Single Lot X Mobilehomes, pursuant to the National Manufactured Housing Construction Safety Standards Act of 1974, Operative June 15, 1976, as Primary Residence on a Single Lot with an Approved Foundation System and as a Residential Accessory Dwelling on a Permanent Foundation where Permitted Pursuant to #43 above. 5 Mobilehomes, Manufactured in the State of California under DOH Insignia after September 15, 1971, and before June 15, 1976, as Primary Residences on a Single Lot with an Approved Foundation System and as a Residential Accessory Dwelling on a Permanent Foundation where Permitted Pursuant to #43 above 53 Duplex, Halfplex and Multiple Family Mobilehomes, Pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, Operative June 15, 1976, on a Single Lot with an Approved Foundation X X X X X X X X X X II-3

4 TABLE I PERMITTED USES WITHIN THE BUILDABLE AREA OF RESIDENTIAL-OPEN SPACE LOTS A. Residential (continued) USES UR IR AR- AR-5 AR- AR (MHP) RM- 15/0 5/ Mobilehome Park and Ancillary Uses 1 60 Mobilehome as an Accessory Dwelling for Persons in Need of Care and Supervision 61 Mobilehome as Clubhouse for Hunting Club (Section 301-5) 6 Mobilehome at Construction Sites (Section and Section ) 63 Mobilehome as an Accessory Dwelling for Night Watchman (Section ) 64 Mobilehome as an Accessory Dwelling for Agricultural Employees 65 Commercial Coach for Temporary Classrooms (Section ) Commercial Coach for Temporary Office (Section ) Single Room Occupancy Residential Units B. Commercial RR O DW 1 Home Occupation X X X X X X X X X X X X X X X X X X X X X 13 X Business and Professional Office Limited to the Following Only: Real Estate, Legal, Medical and Dental, Insurance, Accountant, Bookkeeper, Counseling Service Parking for Adjacent Commercial Uses Convenience Center: Self Service Laundromat, Neighborhood Market, Food Store, Barber/Beauty Shop, Newspaper Stand (Section 315-) Secondary Service Station Field Retail Stand X 13 7 Farm Stand Produce Stand Community Stand Agricultural Market Family Contractor's Business (Section 305-1) Medical Offices Deleted 11 Bed and Breakfast Inn Thrift Stores, Bookstores in Churches Greenwaste Facilities (Adopted 3/01) II-4

5 TABLE I PERMITTED USES WITHIN THE BUILDABLE AREA OF RESIDENTIAL-OPEN SPACE LOTS C. Agricultural USES UR IR AR- 1 Feed Lots X X X X X X X AR-5 AR- AR-1 1 II (MHP) RM- 15/0 5/30 40 Hog Farms X 1 3 General Agriculture (Except Hog Farm and Feed Lots) X X X X X X X X X 9 X 1 4 Incidental Agriculture, Including Private Stables and Corral X X X X X X X X X 9 X X X 5 Field, Vegetable and Horticultural Crops X X X X X X X X X X X 13 Commercial Riding Stables, Boarding Stables and Riding Academy X X X X X X X X X X RR O DW 1 Community Garden Forestry X X X X X X X X 1 1 Wildlife Preserve X X X X X X X X X X X X 30 Crop Dusting Service Primary Processing of Agricultural Products Irrigation Disposal of Wastewater Agricultural Supplies and Services Agricultural Equipment Repairs and Maintenance, Including Welding Kill Floors Urban Beekeeping Small Wineries X X X X X X Large Wineries Constructed, permanent, water-impoundment features such as lakes and ponds D. Institutional 1 Convalescent Hospital, Skilled Nursing or Intermediate Care Facility, Adult Day Health Center, Congregate Care Facility Hospital Cemetery Social Rehabilitation Center Private Social Center Lodge, Fraternal Hall X X X 1 Animal Hospital and Veterinarian Office Kennel/Cattery Church

6 TABLE I PERMITTED USES WITHIN THE BUILDABLE AREA OF RESIDENTIAL-OPEN SPACE LOTS USES UR IR AR- AR-5 AR- AR-1 1 II (MHP) RM- 15/0 5/ Public School K-1 X X X X X X X X X X X X X X X X X X X X X X 1 Private School K College or University Other Private Schools Buildings and Facilities owned by the Federal and Stat Governments, and located on grounds owned by the Federa and State Governments (Reference Section 1-11) 31 Public and Government-Owned Buildings and Facilities Federal and State (Reference Section 1-11) 3 Public and Government Uses, Other Than Federal and State, Within Privately-Owned Buildings, Facilities and Grounds (Reference Section 1-11) 3.5 Federal and State Uses Within Privately-Owned Buildings Facilities and Grounds (Reference Section 1-11) 33 Privately-Owned Uses Within Public and Government- Owned Buildings, Facilities and Grounds (Reference Section 1-11) RR O DW X X X X X X X X X X X X X X X X X X X X X X X X Airport (See Section ) Private Landing Strip for Sole Use of Landowner Public Utilities and Public Service Facilities E. Recreational 1 Public Parks and Ancillary Uses X X X X X X X X X X X X X X X X X X X X X X X X Recreational Uses Oriented to the Waterways in the Delta as Regulated by Title II, Chapter 35 Article 8 3 Recreation Travel Trailer Parks Hunting Clubs, Gun Clubs, Shooting Clubs Boat Docks Private Boat Harbors, Marinas and Incidental Accessory Uses Stadiums and Race Tracks 1 8 Other Outdoor Recreation Facilities Hobby Repair of Farm Equipment for Personal Use of Resident F. Miscellaneous Special Permits Gas or Oil Well (Section ) X X X X Food Processing Industry

7 TABLE I PERMITTED USES WITHIN THE BUILDABLE AREA OF RESIDENTIAL-OPEN SPACE LOTS USES UR IR AR- AR-5 AR- AR (MHP) RM- 15/0 5/30 40 RR O DW 4 Surface Mining Pending Zoning Code Amendment 6 Asphalt and Concrete Recycling 4 A: (Amended /14/001) (Amended 4/17/00) (1/1/011) B: (Amended 1/14/011) C: (Amended 8//005) (Amended 1/14/011) D: (Revised 4/6/000) (Amended 4/17/00) (Amended 8//005 II-7

8 Uses Not Provided for in the Table If a use is not listed in the table, or shown as a permitted use in any other zone, the Planning Director shall make a determination as set forth in Section (Amended 1995) Special Conditions-Agricultural and Residential Uses The following special conditions apply to the uses indicated by the corresponding number on the table set forth in Section (1) Permitted subject to development plan review by the Planning Director, pursuant to the provisions of Title I, Chapter, Article 7 of this Code. Multiple family development/apartment projects with more than 80 dwelling units are subject to development plan review by the Project Planning Commission. (Amended 6/96) () Duplexes and halfplexes are permitted: (a) (b) On corner lots with a maximum of ten () or fewer units in a single project. On interior lots with a maximum of ten () or fewer units in a single project, as follows: (i) (ii) In the 5 and 7 zones, subject to issuance of a use permit by the appropriate authority. In the, 0, 30, and 40 zones as permitted uses. (c) (d) In proposed projects of more than ten () units, subject to issuance of a use permit by the Board of Supervisors. Conversion of existing duplex units to halfplexes is subject to the Uniform Building Code and Building Inspection Division permit processes. (Amended 6/95) (e) Subject to compliance with development standards in Title III, Chapter 5, Article 4. (.1) Within the 4 zoning existing, legally constructed duplexes, may be converted to halfplexes subject to meeting all applicable County Building Code requirements and all Building Inspection Division Permit processes. (Amended 9/97) (3) Permitted subject to issuance of an occupancy permit by the Chief Building Inspector. (4) Permitted subject to issuance of an occupancy permit by the Public Works, provided the lot area shall be not less than ten () acres. (5) Permitted where buildings and improvements for the project itself do not to exceed one (1) net acre in size subject to issuance of a conditional use permit by the appropriate authority and the findings required by Sections 1-30 and (6) Permitted for projects not to exceed three (3) gross acres in size subject to issuance of a conditional use permit by the appropriate authority and the findings required by Sections 1-30 and Beauty salon/barbershops are permitted in multi-family projects, II-8

9 regardless of size, where they are clearly incidental to the project, don't advertise off-site, and are only for the convenience of the residents of the project in which they are located. (7) Special Development Permit: Any use or combination of uses permitted in the basic land use zone in which the proposed project is located may be developed as a Special Development subject to the issuance of a special permit by the appropriate authority in accordance with the provisions of Title I, Chapter, Article 6 of this Code. (8) Permitted provided that an (FP) Food Processing Combining Zone has been established and a conditional use permit has been issued by the Board upon a recommendation by the Planning Commission, subject to the provisions of Sections 35-0 through (9) Permitted on a lot with a minimum net area of 0,000 square feet subject to the provisions of Title III, Chapter, Article. () Permitted on a lot with a minimum net area of three (3) acres subject to the provisions of Section (11) Home occupations are permitted as regulated in Title III, Chapter 5, Article 8 (Sections through ), except the home occupation must be conducted completely within the mobilehome and not within accessory structures or open yard areas. Structural alterations to mobilehomes located in mobilehome parks must be processed through the appropriate State agency and any approval by the County to conduct a home occupation is not to be taken as an approval of any proposed or needed structural or design alteration of the mobilehome. Similarly, approval by the State to remodel a mobilehome for purpose of a home occupation is not to be taken as approval of a home occupation business license. (Amended 11/90) (1) Permitted subject to the issuance of a conditional use permit by the appropriate authority. (13) Permitted subject to issuance of a conditional use permit by the Zoning Administrator. Where the application is for churches exceeding 150 person seating capacity, private schools exceeding 0 students, indoor recreation facilities over 500 person maximum occupancy, theatres exceeding a total seating capacity of 500 or containing more than four (4) screens, or day care centers exceeding 36 children or adults the Project Planning Commission shall be the appropriate authority. Residential Care Homes for which a State License is pending for more than six children, but not more than eight children, prior to the effective date of this ordinance, shall be exempt from the requirement for a conditional use permit. (Amended 1993) (Amended /14/01) (14) Permitted not to exceed twenty (0) persons receiving care. Permitted for over twenty (0) persons receiving care subject to issuance of a conditional use permit by the Zoning Administrator. (15) Permitted not to exceed a total of twelve (1) persons including those receiving day care and children of the resident family who are under twelve (1) years of age. Permitted for over twelve (1) persons subject to issuance of a conditional use permit by the Zoning Administrator. (16) Permitted subject to the issuance of a conditional use permit by the Board of Supervisors upon a recommendation from the Planning Commission. (Adopted /88) II-9

10 (17) Permitted, subject to the provisions of Section 301- through (18) Permitted subject to issuance of a conditional use permit by the appropriate authority and the findings required by Sections 1-30 and (19) Permitted if subject parcel meets the lot size standard of the zone in which it is located and pursuant to the findings of Section (a) and (b); otherwise, subject to the issuance of a conditional use permit by the Zoning Administrator. (0) Hog farms are permitted subject to compliance with all requirements of the County Health Department. (1) A maximum of three (3) adult hogs are permitted subject to compliance with all requirements of the County Health Department. () Medical offices providing diagnosis and treatment of outpatients when the office is incidental to a hospital or convalescent hospital subject to issuance of a use permit by the appropriate authority. (3) Such uses will be regulated as set forth in Section 1-11 and as provided for in this Code for the proposed use as if it were a private use to the extent permitted by law. (Amended 3/4/99) (4) All privately owned and/or operated uses within government-owned buildings and grounds will be regulated as provided for elsewhere in this Code for that type of use. A use which is located within a government-owned and operated facility such as a state park or office building and is regulated by that agency will be a permitted use. (5) Permitted in the RD zoning districts subject to the standards of Section If located in AR or AG zones, or if standards of are not met, then permitted subject to the issuance of a conditional use permit by the Zoning Administrator, with consideration given to those criteria as listed in Section , Residential Accessory Dwelling Use Permit Criteria. If the proposed residential accessory dwelling is a manufactured home, as defined in Section , the requirements of Section shall constitute the architecture requirements for the dwelling. (Amended 05/8/03) (6) Permitted subject to all the development standards set forth in Title III, Chapter 5, Article 1, and specifically including the architectural requirements of Section contained therein. (7) Permitted subject to issuance of a special development permit pursuant to the provisions of Title I, Chapter, Article 6 of this Code. (8) Permitted subject to compliance with Title II, Chapter 35, Article 8. (9) On lots 150 feet, or greater, in width, only general agricultural uses are permitted subject to development standards set forth in Title III, Chapter, Article 1. On lots less than 150 feet in width, only incidental agricultural uses are permitted subject to development standards set forth in Title III, Chapter, Article. (30) Permitted subject to issuance of a conditional use permit by the Board of Supervisors after a recommendation by the appropriate authority (see Title III, Chapter 40, Article ). II-

11 (31) Permitted subject to issuance of a use permit by the appropriate authority. The use permit may authorize limited ancillary social gatherings such as conferences, weddings, fundraisers, and other similar events attended by any nonlodger, subject to any conditions imposed including, but not limited to, restrictions on the frequency and timing of events and the maximum number of persons per event. Except as expressly authorized in the use permit, such activities are prohibited. (3) Repair and maintenance of farm tractors and similar equipment, as a hobby use, is permitted if conducted on a lot one acre, or larger, in size for the benefit of the owner/resident and if conducted within an enclosed building and subject to issuance of a conditional use permit by the Zoning Administrator. (33) Permitted, provided permission to use the property has been given in writing by the property owner, hours of human habitation are from 7:00 A.M. to 8:00 P.M. and adequate off-street parking is available. (34) Permitted, subject to issuance of a conditional use permit by the appropriate authority. Such use permit may include indoor facilities and uses if the appropriate authority finds they are clearly accessory to the requested outdoor use. (See definition for "accessory use," Section and definition for "recreation facility, outdoor," Section ) Any outdoor recreation use which was specifically approved by the Board of Supervisors as part of an application for a rezone, use permit, special development permit, tentative subdivision map, or other similar entitlement, and which was in operation prior to the effective date of this ordinance, shall be deemed to have satisfied the requirement for conditional use permit established by this section. (Revised April 6, 000) (35) Permitted subject to a conditional use permit by the Project Planning Commission and a valid Kill Floor License from the State Department of Food and Agriculture. The operation may be conditioned to limit hours of operation, limit the frequency of customers, and any other conditions deemed appropriate under the specific circumstances. (Amended 1993) (36) Allowed only if all conditions and requirements set forth in Section are maintained. Urban beekeeping can be withdrawn from any parcel by action of the Zoning Administrator, pursuant to provisions of Title III, Chapter 5, Article. (37) Permitted for short duration, small-scale borrow sites and material removal sites subject to the issuance of a conditional use permit by the appropriate authority and compliance with surface mining standards found in Title II, Chapter 35, Article 4. Short duration sites shall mean sites where less than 00,000 cubic yards of soil, sand, gravel, decomposed granite or rock are removed over a one year period. Conveyor systems for transporting aggregate material may be allowed to extend off of the mine site, on land without the Surface Mining Combining Zone, if approved as a part of a mining use permit and reclamation plan. Surface mining operations conducted in conjunction with a permitted public service project shall be regulated pursuant to Title III, Chapter 1, Article 1, Section All other surface mining operations shall be regulated by the Surface Mining Combining Zone pursuant to Title II, Chapter 35, Article 4, Section or regulation through the procedures of an existing special planning area s zoning designation. (Amended 6/11/08) (38) Single Room Occupancy residential units are permitted in the 0, 5, 30 and 40 zones subject to development plan review by the Planning Director and compliance II-11

12 with the development standards and locational requirements of Title III, Chapter 5, Article 11. (Amended 8/96) (39) Permitted if the operation is 5 acres or less. If the operation is more than 5 acres, permitted subject to issuance of a conditional use permit by the Project Planning Commission. (Amended 7/98) (40) Permitted, except any facilities located in the Delta shall require a conditional use permit from the Board of Supervisors. The Delta boundary shall be defined by Section The following features shall be exempt from the use permit requirement in the Delta: (a) Small ponds, where the design water level does not exceed the lowest adjacent grade level and where the pond is located at least 50 feet from an adjoining property line, with the following acreage limitations based on parcel size: (1) 0-5 acre parcels ¼ acre or less () 5-0 acre parcels ½ acre or less (3) 0 acres or more 1 acre or less (b) (c) (d) Ditches and canals used to transfer water Swimming pools Seasonal, intermittent farming practices to support crop or animal based agriculture. Also included is winter flooding (October 1 April 1) for wetland habitat purposes. (e) Reclamation and Levee Maintenance District facilities. (Amended 4/6/000) (41) Pending Zoning Code Amendment - This number is not yet approved (4) Permitted subject to a conditional use permit by the appropriate authority for parcels in the Industrial Reserve Surface Mining Combining IR (SM) zone. (43) Permitted if the development standards in TITLE III, Chapter 15, Article 1.5 are met. (Added 1/14/011) (44) Permitted subject to the issuance of a temporary use permit by the Zoning Administrator. (There shall be no annual limit to the number of occurrences and the temporary use permit shall be valid for up to three years.) (Added 1/14/011) (45) Permitted if under the supervision of a public agency or non-profit organization, subject to the issuance of a temporary use permit by the Zoning Administrator. (There shall be no annual limit to the number of occurrences and the temporary use permit shall be issued for up to three years.) (Added 1/14/011) (46) Permitted subject to the issuance of a use permit by the Zoning Administrator and the development standards in TITLE III, Chapter 15, Article 8. (47) Greenwaste Facilities permitted with issuance of a conditional use permit by the appropriate authority subject to Development and Operational Standards Title III, Chapter 15, Article 7. (Adopted 3/01) II-1

13 Delta Boundary Defined II-13

14 Title II: Use Regulations and Development Standards All residential development as permitted in those certain designated land use zones in this article shall be subject to the provisions of Chapter.35, Title, of the Sacramento County Code. (Adopted 1/04) II-14