Rex

Robert Rex and P. J. Rex appeal from the judgment following a court trial declaring their operation of a bed and breakfast inn to be in violation of Sonoma County (hereinafter County) zoning ordinances and permanently enjoining them from maintaining a bed and breakfast inn on their property without a use permit. Appellants contend the trial court was in error in failing to find that the County should be estopped from continuing with abatement proceedings, and in failing to determine that their bed and breakfast inn was a legal nonconforming use, without a permit. We find no merit in their contentions.

Factual and Procedural Background

At the court trial on the County’s action for declaratory and injunctive relief, the evidence showed that the Rexes own approximately 17 acres of land in Glen Ellen which is zoned “A-l” or “primary agricultural.” The property was zoned A-l when the Rexes purchased it in 1982 and still had the same zoning classification at the time of trial.

Sonoma County’s zoning ordinance lists the uses allowed in a particular zone. A use which is not listed for a zone is not permitted. Areas zoned as A-l did not include the operation of a commercial bed…