23.11.5 Interpretations and Appeals

• (a) Interpretations of this Section shall be made by the Director of Community Development, whose decision may be appealed in the same manner as any other signrelated decision. All interpretations of this Section are to be exercised in light of the message substitution policy and the purposes and intent of this Section.

  • (b) Appeals of any decision of the Director of Community Development or the Planning Commission shall be made in accordance with Section 10.11.

• 23.11.6 Enforcement of Standards . All rules and regulations on the non-communicative aspects of signs, including sign structure, sign placement and the location, size, height, illumination, spacing and orientation of signs, stand enforceable independently of any permit or approval process.

• 23.12 RULES FOR SIGN MEASUREMENT

• 23.12.1 Measuring Sign Area. For purposes of this Section, sign area includes the entire face of a framed, outlined, or painted sign, but does not include the supporting structure, unless the supporting structure is designed to constitute a display device.

  • (a) Architectural Features . Architectural features of a freestanding sign that are not an integral part of the sign, such as the solid base, landscaping, or other structural form, shall not be counted as part of the sign area.

  • (b) Two-sided Signs . When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be calculated as the measurement of one of the two faces.

  • (c) Multi-faced and Three-dimensional Signs . The sign area of signs with two sides that are not back to back, or signs with three or more faces, or three-dimensional signs (i.e. balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall be calculated as the sum of the surface area of all sign faces.

  • (d) Sign Height/Maximum Projection from Grade . The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing or finished grade immediately below the sign, whichever measurement is the greatest.

City of Belmont Zoning Ordinance 23-28

• (e) Vertical Ground Clearance . Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

• (f) Sites with Two or More Street Frontages . For sites with two or more street frontages, the maximum allowable sign area shall be calculated separately for each street frontage.

• 23.12.2 Sign Measurement Examples

City of Belmont Zoning Ordinance 23-29

Figure 23.11.02: Sign Measurement Examples

==> picture [380 x 568] intentionally omitted <==

City of Belmont Zoning Ordinance 23-30

SECTION 23A – SIGN STANDARDS FOR PUBLIC PROPERTY

Editor’s note: current through Ordinance 2018-1130

23A.1 SCOPE, INTENT AND APPLICABILITY

23A.1.1 Scope[1]

The purpose of this Section is to establish standards and regulations regarding private party placement of signs on property owned or controlled by the City (“City Property”), and on all public rights-of-way. Nothing in this Section or Section 23 limits in any way the City’s ability to use City property for expression of its own messages, or the messages of other parties which it may adopt as its own message, such as, by way of illustration only, by cosponsorship of an event. Nothing in this Section limits in any way the City’s ability to retain or allow installation of signs or billboards within the Belmont Sports Complex.

23A.1.2 Intent as to Public Forum

It is the intent of the City of Belmont that all City property shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.

23A.1.3 Applicability

This Subsection applies only in traditional public forum areas. In consultation with the City attorney, the director of Community Development shall interpret this phrase for compliance with court decisions.

23A.1.4 Severability

This Subsection is to be severable to the greatest extent provided by law. If any section, sentence, clause, phrase, word, portion or provision of this Section is held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Section which can be given effect without the invalid portion. In adopting this Section, the City Council affirmatively declares that if it had been made aware of any invalid provision(s), it would have approved and adopted the remaining provisions, and that it desires for all valid provisions to remain in force.

23A.2 DEFINITIONS

The definitions in Section 23 (“Sign Regulations”) apply to this Section unless the same term is defined herein, in which case the definition in this section shall apply to this section.

Sponsor Banner . A temporary sign made of material similar to heavy canvas or reinforced plastic, which indicates a sponsor.

1 Amended by Ord. 2015-1090, §1, 9/8/2015; Ord. 2018-1130, §2, 4/24/201

City of Belmont Zoning Ordinance 23A-1

Traditional Public Forum . The surfaces of city streets, city sidewalks, and city parks which are connected to the main pedestrian circulation system of the city, or to the pedestrian area immediately surrounding City Hall.

• 23A.3 GENERAL REGULATIONS APPLICABLE TO ALL PUBLIC FORUM AREAS

23A.3.1 Mobile Billboards Prohibited

• A. The City prohibits any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street, or other public place within the City in which the public has the right of travel. The purpose of this prohibition is to eliminate mobile billboard advertising within the City in order to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and to improve the aesthetic appearance of the city. This prohibition does not apply to commercial vehicles on public streets for purely transportation purposes such as moving people, animals or goods from one location to another, or using the streets for routine service calls.

• B. This provision prohibits only the use of the streets for advertising rather than transportation purposes.

• C. This section shall not apply to:

  1. Public Transit Graphics on properly licensed buses and taxicabs;

  2. Signs Exempt per Section 23.3.1(O).

23A.3.2 Commercial Displays Prohibited

• A. Except as specifically provided herein, commercial displays are prohibited.

• 23A.4 NONCOMMERCIAL DISPLAYS

In areas qualifying as traditional public forums, private persons may display noncommercial message signs without a permit, subject to the following limitations:

• A. Personally Held . The signs must be personally held by one or more persons.

• B. Permitted Times . The signs may be displayed only during the time period of 7 a.m. to 7 p.m., except on occasions when the City Council and/or the Planning Commission or other City commissions, boards or committees are holding public hearings or meetings; on such occasions, the display period is extended to thirty minutes after such meeting is officially adjourned.

• C. Permitted Size . The maximum size of any one sign held by two or more persons shall not exceed six (6) square feet per person. The maximum aggregate size of all signs held by a single person shall not exceed six (6) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. Apparel includes any type of personal clothing, but does not include any which are used for the support or mounting of signage.

• D. Maximum Height . The maximum height of any hand held sign shall not exceed 10 feet, measured from the sidewalk.

City of Belmont Zoning Ordinance

23A-2

• E. Sign Type . The sign may not have more than two display faces and may not be inflatable or air-activated.

• F. Traffic and Pedestrian Safety . In order to serve the City’s interests in traffic flow and safety, persons displaying signs under this subsection:

  1. May not stand in any vehicular traffic lane when a roadway is open for use by vehicles; and

  2. Must provide at least four feet wide clearance space for pedestrians.

  3. The sign may not be located in the visibility triangle as defined herein.

  4. Signs and persons holding the sign(s) may not block the free and clear vision of drivers, bicyclists and pedestrians.

• G. No Permit Required . No permit is required for display of signs authorized by this subsection, as long as the foregoing rules are followed.

• H. Message Substitution . The message substitution policy of the Sign Ordinance (Subsection 23.6.7) applies to signs in traditional public forum areas, subject to the rules stated in this subsection.

23A.5 COMMERCIAL DISPLAYS

23A.5.1 On Vehicles on Public Streets.

Signs on vehicles may be displayed, provided that:

• A. The message pertains to the establishment of which the vehicle or vessel is an instrument or tool, and

• B. The message does not utilize changeable copy or special illumination; and

• C. The message is not general advertising for hire.

23A.6 BANNER REGULATIONS[2]

23A.6.1 Scope

Section 23A.6 regulates the hanging of banners by parties other than the City of Belmont in the public right of way and on property owned by the City of Belmont. Nothing in Section 23A.6 governs or limits the City’s use of banners, or other communicative media, in the City’s rights of way or on City property.

23A.6.2 Intent as to Forum .

Section 23A.6 does not create a forum for expression on topics of public interest, or a forum for off-site advertising for business establishments; rather, it allows certain

2 Amended by Ord. 2018-1130, §2, 4/24/2018

City of Belmont Zoning Ordinance 23A-3

qualifying parties to display Banners within specific locations, times, and guidelines that advance the City’s banner program.

23A.6.3 General Regulations Applicable to Banners on Public Property

• (a) Definitions . The following definitions are applicable to Section 23A.6.

“Community banner” means a street banner that either:

announces a community organization event or series of events where the event proceeds, if any, will directly benefit a community organization, or

recognizes an anniversary or other noteworthy milestone of a community organization.

“Community organization” means a nonprofit organization located in the city or serving city residents, and schools located in the City.

“Event” means an activity at a venue within the city that is open for attendance by the general public without restriction based on the person’s status or membership in the event-sponsoring group.

“Nonprofit organization” means an entity that is tax exempt under Internal Revenue Code Section 501(c)(3) or 501(c)(6), or registered with the California Secretary of State as an unincorporated nonprofit association.

“School” means an educational institution providing full-time academic instruction at one or more levels from pre-kindergarten through university, whether private or public.

“Sponsor banner” means a banner that identifies a sports sponsor and the league or team sponsored.

“Sports sponsor” means a business entity that is sponsoring an official Belmont sports league, is open to all ages, is not a pawn shop, check cashing establishment or gambling establishment, and does not sell primarily alcohol, marijuana or tobacco.

“Street banner” means a banner which is suspended or otherwise displayed over any city street right of way. “Street banner” does not mean city signs, official warning devices, public service facilities, street lights and the like. “Street banners” consist of pole banners and overhead banners.

• (b) Regulation of Banners . Banners are prohibited on city property unless expressly allowed by this Section. It is unlawful for a person to cause a banner to be placed or maintained in the city’s street right-of-way or on city property except in accordance with a valid permit issued in compliance with this section.

(c) Permits .

• (1) A banner permit may only be issued for a community banner or a sponsor banner.

• (2) A separate permit is required for each banner type, design or location, subject to the following:

City of Belmont Zoning Ordinance

23A-4

  - (A) Authorization for community pole banners of identical design in one city block or in a number of contiguous city blocks by the same permittee may be consolidated in one permit. 

  - (B) The fee schedule for each permit may be based on the number of locations and mountings for which authorization is requested. 

• (3) A permit may not authorize the use of a banner -

  • (A) for other than a community organization or sports team sponsor,

  • (B) at a location other than the allowed by this Section,

  • (C) which contains content other than that specified in Section 23A.6, or

  • (D) that does not comply with the size, material, and content regulations for the particular type of banner.

• (d) Permit Applications . Application for a banner permit must be on a form prescribed by the city manager and contain information sufficient to allow the city manager to determine whether the application meets the eligibility criteria. A banner application must include the following:

  • (1) Content. The application must include a clear replica for each proposed banner, including any text that will appear on the banner, for each proposed installation.

  • (2) Hold Harmless. The applicant must agree to hold harmless the city, its officers and employees, from any liability resulting from any form of advertising injury arising out of the applicant’s use of the banner, and from any liability resulting from any bodily injury or property damage arising out of the failure of banner material. The agreement to hold the city harmless may be contained in the permit application.

  • (3) Insurance. Street banner applications must include evidence of insurance acceptable to the city’s risk manager.

  • (4) Fees. The application must include all fees and deposits required by the city.

(e) Permit issuance, denial and revocation .

• (1) The city manager shall review a complete banner permit application and shall issue, in whole or in part, a permit authorizing the installation of the requested banner(s) when he or she finds:

  • (A) the application meets the eligibility criteria in subsection (c);

• (B) the proposed banner(s) comply with technical design standards, including size and material standards for the requested location and type of banner;

  • (C) the banner(s) will not damage public property, unreasonably interfere with the public right-of-way or city property, or endanger public health or safety;

  • (D) the city has not previously reserved the location for its own use;

City of Belmont Zoning Ordinance 23A-5

  - (E) issuance of the permit is consistent with the duration and order of precedence rules for applications; and, 

  - (F) the requested location is equipped with properly functioning mounting hardware. 

• (2) If the city manager determines that the application does not meet the conditions in subsection (1), then he or she will notify the applicant of the reason or reasons for noncompliance within 15 calendar days of the determination, and, if possible, itemize changes needed to bring the application into compliance. If a banner application is ultimately denied, then the city shall so notify the applicant in writing.

• (3) Once issued, a banner permit may be wholly or partial revoked by the city manager for one or more of the following grounds:

  • (A) the maintenance of a banner endangers public health, safety or property;

  • (B) the banner has substantially deteriorated;

  • (C) the applicant’s failure or refusal to comply with any provision of this Section;

  • (D) the applicant made a material misrepresentation in the application; or

  • (E) the permit was issued in error.

• (4) An applicant may appeal the City Manger’s determinations regarding a permit or application to the City Council.

• (f) Order of precedence . Overlapping location or time period conflicts between applications that are otherwise eligible for permit issuance shall be resolved as follows:

  • (1) New applications take precedence over extension applications;

  • (2) An issued extension permit takes precedence over a new permit application;

  • (3) An application received 180 or more days before the requested start date takes precedence over an application received less than 180 days before the requested start date;

  • (4) When two or more applications for the same location are received 180 or more days before their respective requested start dates, one application shall be randomly selected for issuance;

  • (5) If a pole banner permit holder does not use all available banner hanging locations within a block, a second permit may be issued for the remaining locations and time periods.

(g) Installation and removal .

• (1) Banners may be installed and removed only by the city unless otherwise approved by the city manager.

City of Belmont Zoning Ordinance 23A-6

• (2) The costs of installation and removal are the responsibility of the applicant. The city manager may charge applicants a fee sufficient to reimburse the city for the actual cost of installing and removing banners.

• (3) The city manager may require removal or replacement of any banner that is tattered or frayed.

• (h) Materials . Banners must comply with the material standards specified by the city manager.

23A.6.4 Street Banners

• (a) Purpose . Street banners promote local activities and events of local community organizations by allowing these groups to announce their local events and activities.

• (b) Types . There are two types of street banners:

  • (1) “Pole banner” means a banner suspended from a bracket mounted to a city-owned pole or other city structure in the street right of way.

  • (2) “Overhead banner” means a banner suspended on a cable between two points spanning the street right of way.

• (c) Content . The text of street banners is limited to:

  • (1) The name of the event;

  • (2) The name of the community organization holding the event;

  • (3) The date(s) and time(s) of the event;

  • (4) The location of the event; and

  • (5) If desired by the applicant, either a telephone number or web address for persons to obtain additional information concerning the event.

(d) Overhead Street Banners .

• (1) Limitations on use . Use of overhead street banners is limited to community banners.

• (2) Locations . Locations for overhead banners are limited to:

  • (A) Ralston and Sixth, over Ralston.

  • (B) Ralston and Granada, over Ralston.

• (3) Time Limits . Overhead Banners may be displayed for up to two (2) consecutive weeks on one pole, with one (1) week maximum, if other reservations are pending. No party may display a banner more than three (3) times in any fiscal year.

• (4) Size . Overhead banners must conform to the size standards established by the city manager or designee.

City of Belmont Zoning Ordinance 23A-7

(e) Pole Banners

• (1) Limitations on use . Use of pole banners is limited to community banners.

• (2) Locations . Locations for poles banners are limited to those identified by the City manager as suitable and appropriate for pole banners and equipped with approved mounting brackets.

• (3) Time Limits . Pole Banners may be displayed for a maximum of four (4) weeks, based on availability of the pole(s), unless the City approves a longer period of time. No party may display a banner more than three (3) times in any calendar year.

• (4) Size . Pole banners must conform to the size standards established by the city manager or designee

23A.6.5 Sports Complex Sponsor Banners

• (a) Purpose . Sponsor banners encourage the sponsorship of Belmont sports leagues and teams by recognizing those organizations that make charitable donations to Belmont sports.

• (b) Locations . Sponsor banners are limited to the fences of the Belmont Sports Complex athletic fields. The city manager shall determine the specific locations on the fences where banners are allowed.

• (c) Size . Sponsor banners may not exceed 18 square feet in area per banner.

• (d) Time Limits . Sponsor banners may be displayed beginning four weeks before the official opening game of the sponsored league season, and ending one week after the last official game (including any playoffs or tournaments) associated with the sponsored league season.

• (e) Content . Sponsor banners may contain the sponsoring organization’s name, location, type of business or organization and contact information, the name of the team or league sponsored, and community service history information. Sponsor banners may not contain sales or product promotional messages.

City of Belmont Zoning Ordinance 23A-8

SECTION 24 – ACCESSORY DWELLING UNITS[1 ]

Editor’s note: current through Ordinance 2020-1150

• 24.1 Authority and Purpose. This section regulates the establishment of accessory dwelling units in accordance with Government Code Section 65852.2, and as required by Government Code Section 65852.150 is intended to have the effect of providing for the creation of accessory dwelling units.

• 24.2 Definitions. This section defines the following terms as used in Section 24.

  • (a) Attached Building. An attached building means a building that is connected by substantial construction to another building. Substantial construction includes extension of common building walls or roof lines. Buildings attached by a breezeway must include substantial construction and both of the following:

    • (1) Framing and other connections.

    • (2) Shelter and a walkable surface above grade between the two buildings located on the same site.

  • (b) Accessory Dwelling Unit (ADU) is defined by Government Code Section 65852.2(j)(1).

  • (c) Accessory Dwelling Unit, Attached. An attached accessory dwelling unit means an ADU which is constructed as a vertical or horizontal addition to a single-family home (primary dwelling unit).

  • (d) Accessory Dwelling Unit, Detached . A detached accessory dwelling unit means an ADU which is constructed as an independent structure, surrounded by open space and on the same lot as the primary dwelling unit, except that it can be attached to an accessory structure (e.g., garage).

  • (e) Accessory Dwelling Unit, Interior. An interior accessory dwelling unit means an ADU in a Single-Family Zone, which includes R-1 (Single-Family Residential), R-2 (Duplexes), HRO (Hillside Residential and Open Space), or residential PD (Planned Unit Development) zones, and is located entirely within the existing and legally created space of a single-family home or accessory structure.

  • (f) Accessory Dwelling Unit, Multi-Family, Detached. A detached multi-family accessory dwelling unit means an ADU which is constructed as an independent structure, surrounded by open space and on the same lot as the primary multi-family residential structure, except that it can be attached to an accessory structure (e.g., garage).

  • (g) Accessory Dwelling Unit, Multi-Family, Interior. An interior multi-family accessory dwelling unit means an ADU in a Multi-Family Residential Zone or other district that

1 Added by Ord. 716, 2/9/84; amended by Ord. 999, 5/27/04; Ord. 2016-1111; repealed and replaced by Ord. 2017-1118, §§3435, 5/23/17; amended by Ord. 2020-1150, 8/25/2020

may allow a multi-family residential component, which includes R-3, R-4, R-5, VHDR (Multi-Family Residential), HIA-1 (Harbor Industrial Area), CMU, VC, VSC, VCMU (Mixed-Use), or residential PD (Planned Unit Development) zones, and is constructed entirely within the portions of an existing, lawfully-created multifamily residential building that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

• (h) Cooking Facility. A cooking facility means an area containing a refrigeration appliance; and, a kitchen sink and cooking appliance, each having a clear working space of not less than 30 inches. “Cooking appliance” includes any appliance capable of cooking food, including a range, stove, oven, microwave, or hot plate, but not including a toaster or electric kettle.

• (i) Junior Accessory Dwelling Unit (JADU) . Junior accessory dwelling unit means a unit that is no more than 500 square feet in size and contained entirely within a singlefamily residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

• (j) Living Area . The term Living Area has the meaning defined in Government Code Section 65852.2, which states: “The interior habitable area of a dwelling unit including basements and attics and does not include a garage or any accessory structure.”

• (k) Owner-Occupied. Owner-occupied means the owner currently resides on the property.

• (l) Passageway . The term Passageway has the meaning defined by Government Code Section 65852.2, which states: “A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.”

• (m) Sanitation Facilities. Sanitation facilities means a toilet, sink, and bathtub or shower.

• (n) Short-term Rentals. Short-term rentals mean rentals for less than 30 days.

• (o) Sleeping Facilities. Sleeping facilities means an area dedicated to sleeping that meets building code requirements for habitability.

24.3 Development Standards.

• (a) General Provisions. The following provisions apply to all Accessory Dwelling Units:

  • (1) The lot must contain an existing or proposed single-family home, multi-family residential structure, or mixed-use development featuring a residential component. No more than one accessory dwelling unit and one junior accessory dwelling unit may be constructed on a lot containing a single-family home.

  • (2) The project site must be zoned for single-family or multi-family housing (R-1, R-2, R-3, R-4, R-5, HIA-1, VHDR), Hillside Residential and Open Space (HRO), mixed-use developments including a residential component (CMU, VC, VSC, VCMU), and residential Planned Unit Developments (PD). If the project site is not zoned accordingly, it must be solely occupied by an existing legal, non-conforming

• (2) The project site must be zoned for single-family or multi-family housing (R-1, R-2, R-3, R-4, R-5, HIA-1, VHDR), Hillside Residential and Open Space (HRO), mixed-use developments including a residential component (CMU, VC, VSC, VCMU), and residential Planned Unit Developments (PD). If the project site is not zoned accordingly, it must be solely occupied by an existing legal, non-conforming

(as defined in Section 2.90) residential use or mixed-use development featuring a residential component.

• (3) At the time of application, the property owner must acknowledge in writing the restrictions in subsections (4) and (5) regarding the sale and short-term rental of accessory dwelling units and junior accessory dwelling units.

• (4) The accessory dwelling unit or junior accessory dwelling unit may not be sold separately from the existing single-family home, multi-family residential structure, or mixed-use development featuring a residential component.

• (5) Either the single-family home or the accessory dwelling unit must be owneroccupied if the home and accessory dwelling unit are occupied by different families. This requirement does not apply between January 1, 2020 and January 1, 2025.

• (6) Neither the accessory dwelling unit or junior accessory dwelling unit nor the existing single-family home or multi-family residential units may be used for shortterm residential rentals.

• (7) Before issuance of a building permit for the accessory dwelling unit, the owner must record a covenant in a form approved by the City Attorney to notify future owners of the restrictions in subsections (4) and (5) regarding the sale and shortterm rental of accessory dwelling units and junior accessory dwelling units.

• (8) The accessory dwelling unit or junior accessory dwelling unit shall conform to all applicable State and local building code requirements. Fire sprinklers may not be required for the accessory dwelling unit unless they are required for the existing single-family home, multi-family residential structure, or mixed-use development featuring a residential component.

• (9) An accessory dwelling unit or junior accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which the unit is located and shall be deemed to be a residential use consistent with the existing General Plan and zoning designations for the lot.

• (10) An accessory dwelling unit or junior accessory dwelling unit must include no less than the minimum floor area identified for an efficiency unit, as defined in Health and Safety Code Section 17958.1.

• (11)Additional parking for an accessory dwelling unit or junior accessory dwelling unit is not required.

• (12)Conversion to Primary Dwelling Unit.

• (A) An accessory dwelling unit shall become the primary dwelling unit on a site if the original primary dwelling unit is demolished or determined to be uninhabitable, and is not replaced or made habitable within one year of its demolition or the determination that it is uninhabitable.

• (B) If an accessory dwelling unit becomes the primary dwelling unit, it shall remain so, and be considered a nonconforming but lawful structure if it fails to comply with any zoning standards applicable to a primary dwelling unit in the zoning district where it is located, until such time as a new structure compliant with all zoning standards applicable to a primary dwelling unit in the zoning district where it is located, is lawfully constructed or otherwise created on the site.

• (13) Vacant Lots.

• (A) A building permit applicant for a vacant site may propose construction of both a single-family dwelling, an accessory dwelling unit, and/or a junior accessory dwelling unit concurrently. However, the primary dwelling unit must pass final inspection prior to final inspection of the associated accessory dwelling unit or junior accessory dwelling unit. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect of any other zoning provision requiring issuance of a discretionary permit for construction of the primary dwelling unit prior to issuance of a building permit.

• (B) A building permit applicant for a vacant site may propose construction of both a multi-family residential building and accessory dwelling unit(s) concurrently. However, the primary multi-family residential building must pass final inspection prior to final inspection of the associated accessory dwelling unit. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect of any other zoning provision requiring issuance of a discretionary permit for construction of the primary multi-family residential structure prior to issuance of a building permit.

• (C) A building permit applicant for a vacant site may propose construction of both a mixed-use project featuring a residential component and accessory dwelling unit(s) concurrently. However, the primary mixed-use structure must pass final inspection prior to final inspection of the associated accessory dwelling unit. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect of any other zoning provision requiring issuance of a discretionary permit for construction of the primary mixed-use structure prior to issuance of a building permit.

• (D)The discretionary review of the primary dwelling unit, primary multi-family residential structure, or primary mixed-use development featuring a residential component must not include consideration of the associated accessory dwelling unit or junior accessory dwelling unit use.

• (14) A passageway may not be required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.

• (15)An accessory dwelling unit or junior accessory dwelling unit may be constructed on a site that does not meet the minimum lot or parcel size requirements or minimum dimensional requirements of the underlying zoning district, provided the accessory dwelling unit or junior accessory dwelling unit is constructed in compliance with all other standards contained in this section. Approval of a site development permit or any other discretionary permit is not required.

  • (16)An accessory dwelling unit or junior accessory dwelling unit may be constructed on a site containing a primary dwelling unit, multi-family residential structure, mixed-use development featuring a residential component, or accessory structure that does not comply with all zoning standards, including, without limitation, off-street parking standards, provided the accessory dwelling unit or junior accessory dwelling unit complies with all standards contained in this section. The existing non-conformities of the primary dwelling unit, multi-family residential structure, mixed-use development featuring a residential component, or accessory structure shall not be considered when evaluating the application.

  • (17)An accessory dwelling unit or junior accessory dwelling unit conforming to the provisions of this section shall be approved ministerially.

• (b) Interior Accessory Dwelling Units. The following provisions also apply to interior accessory dwelling units:

  • (1) The ADU or JADU must be constructed entirely within the existing and legally created space of a single-family home or accessory structure in an R-1, Hillside Residential and Open Space (HRO), or residential Planned Developments (PD) District.

  • (2) The zoning standards of the underlying zoning district (e.g., setbacks, height, floor area ratio, etc.) do not apply to interior accessory dwelling units.

  • (3) An interior ADU or JADU must have exterior access independent from the existing single-family home.

  • (4) Side and rear setbacks of the structure in which the interior ADU or JADU is located must be sufficient for fire safety, as determined by the Fire Code Official.

  • (5) New or separate utility connections directly between the ADU or JADU and the utility may not be required.

• (c) Attached Accessory Dwelling Units. The following provisions shall also apply to all attached accessory dwelling units:

  • (1) Except as modified by this section, an ADU attached to the primary dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions, including height, setback, floor area ratio, and historic preservation requirements. However, even if construction of the ADU would result in a higher floor area ratio than permitted for the project site, an ADU of up to 800 square feet may be constructed, subject to all other applicable provisions. In this case, the ADU is still counted as floor area and the project site will be determined to have a legal, non-conforming floor area ratio.

and historic preservation requirements. However, even if construction of the ADU would result in a higher floor area ratio than permitted for the project site, an ADU of up to 800 square feet may be constructed, subject to all other applicable provisions. In this case, the ADU is still counted as floor area and the project site will be determined to have a legal, non-conforming floor area ratio.

• (2) The increased floor area of an ADU attached to the existing single-family home shall not exceed 850 square feet or 1,000 square feet if the ADU provides more than one bedroom, provided that the ADU may not exceed 50 percent of the living space (as defined in Section 65852.2) of the existing single-family home.

• (3) Separate utility connections between the accessory dwelling unit and all utilities and associated connection fees/capacity charges may be required, consistent with Government Code Sections 66000 and 66012 except as provided in Government Code Section 65852.2(f)(4).

• (4) An attached ADU must comply with the following design standards:

• (A) The ADU must comply with the Residential Design Criteria (RDC) if the new construction includes:

  • (i) ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured from finished grade); or

  • (ii) creates or expands an upper floor.

• (B) The ADU must be constructed with compatible/complementary facade materials, generally the same color palette, and similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, windows, and doors.

• (C) The ADU roof pitch/form must be compatible with the roof pitch/form of the primary dwelling.

• (d) Detached Accessory Dwelling Units. The following provisions shall also apply to all detached accessory dwelling units:

  • (1) Except as modified by this section, a detached ADU must conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable zoning provisions, including height, setback, floor area ratio, and historic preservation requirements.

(2) Setbacks.

• (A) A detached ADU must be located no less than five feet from the primary dwelling unit on-site.

• (B) The minimum side setbacks for a detached ADU are four feet, including street side lot lines of corner lots.

• (C) On reverse corner lots, a detached ADU may not project beyond the inner line of the front yard required on the adjacent lot to the rear, nor be located less than four feet from the side lot line of such adjacent lot.

• (D) The minimum rear yard setback for a detached ADU is four feet.

• (E) Notwithstanding subsections (A) through (D), the minimum setbacks for an ADU that is constructed above an existing lawfully-constructed garage are four feet from the rear and side property lines (including street side corner lots and reverse corner lots).

• (3) Height.

• (A) A one-story detached ADU may be up to 16 feet in height.

• (B) A detached ADU constructed over a garage or other accessory structure where the ADU would be four feet from the rear or side lot line may be up to 20 feet in height when such unit has a flat roof.

  • (C) A detached ADU constructed over a garage or other accessory structure where the ADU would be four feet from the rear or side lot line may be up to 23 feet in height when such unit has a pitched roof.

  • (D) A detached ADU constructed over a garage or other accessory structure where the ADU would meet the side and rear yard setbacks of the underlying zoning district may be up to 28 feet.

  • (4) The maximum floor area of a detached ADU is 850 square feet or 1,000 square feet if the ADU provides more than one bedroom. However, even if construction of the ADU would result in a higher floor area ratio than permitted for the project site, an ADU of up to 800 square feet may be constructed, subject to all other applicable provisions. In this case, the ADU is still counted as floor area and the project site will be determined to have a legal, non-conforming floor area ratio.

  • (5) Separate utility connections between the accessory dwelling unit and all utilities and associated connection fees/capacity charges may be required, consistent with Government Code Sections 66000 and 66012.

  • (6) A detached ADU must comply with the following design standards:

  • (A) The ADU must comply with the Residential Design Criteria (RDC) if the new construction includes:

    • (i) ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured from finished grade); or

    • (ii)creates or expands an upper floor.

  • (B) The ADU must be constructed with compatible/complementary facade materials, generally the same color palette, and similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, windows, and doors.

  • (C) The ADU roof pitch/form must be compatible with the roof pitch/form of the primary dwelling.

• (e) Interior Multi-Family Accessory Dwelling Units. The following provisions shall also apply to all interior multi-family accessory dwelling units:

  • (1) The ADU must be constructed entirely within the portions of an existing, lawfullycreated multi-family residential building that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that the unit complies with State building standards for dwellings.

  • (2) No more than one interior multi-family ADU shall be permitted within an existing, lawfully-created multi-family residential structure.

  • (3) The zoning standards of the underlying zoning district (e.g., setbacks, height, floor area ratio, etc.) do not apply to interior multi-family ADUs.

• (4) An interior multi-family ADU must have its own direct access independent from the other residential units within the building. Direct access must be provided from common areas, including, but not limited to, outdoor areas, hallways, shared amenity areas, or shared non-livable areas, provided that the access complies with all applicable State building standards.

  • (5) Separate utility connections between the accessory dwelling unit and all utilities and associated connection fees/capacity charges may be required, consistent with Government Code Sections 66000 and 66012.

• (f) Detached Multi-Family Accessory Dwelling Units. The following provisions shall also apply to all detached multi-family accessory dwelling units:

  • (1) Except as modified by this section, a detached ADU must conform to all requirements of the underlying multi-family residential or mixed-use zoning district, any applicable overlay district, and all other applicable zoning provisions, including height, setback, floor area ratio, and historic preservation requirements.

  • (2) No more than two detached multi-family ADUs shall be permitted on a lot that features an existing, lawfully-created multi-family residential structure.

  • (3) Setbacks.

  • (A) A detached ADU must be located no less than five feet from the primary multifamily residential structure on-site.

  • (B) The minimum side setbacks for a detached multi-family ADU are four feet, including street side lot lines of corner lots.

  • (C) The minimum rear yard setback for a detached multi-family ADU is four feet.

  • (4) Height.

  • (A) A multi-family detached ADU may be up to 16 feet in height.

  • (5) The maximum floor area of a detached multi-family ADU is 850 square feet or 1,000 square feet if the ADU provides more than one bedroom. However, even if construction of the ADU would result in a higher floor area ratio than permitted for the project site, an ADU of up to 800 square feet may be constructed, subject to all other applicable provisions. In this case, the ADU is still counted as floor area and the project site will be determined to have a legal, non-conforming floor area ratio.

  • (6) Separate utility connections between the accessory dwelling unit and all utilities and associated connection fees or capacity charges may be required, consistent with Government Code Sections 66000 and 66012.

• (7) A detached multi-family ADU must comply with the following design standards:

• (A) The ADU must comply with the Residential Design Criteria (RDC) if the new construction includes:

  • (i) ground floor plate height exceeds 12 feet or roof height exceeds 18 feet (as measured from finished grade); or

(ii)creates or expands an upper floor.

• (B) The ADU must be constructed with compatible/complementary facade materials, generally the same color palette, and similar in texture and appearance to the primary multi-family residential structure, including but not limited to roofing, siding, windows, and doors.

• (C) The ADU roof pitch/form must be compatible with the roof pitch/form of the primary multi-family residential structure.

SECTION 25 SIGNAL RECEIVING OR TRANSMITTING ANTENNAS

Editor’s note: current through Ordinance 2021-1159

• 25.1 PURPOSE: The City Council finds that the installation and maintenance of parabolic (satellite-dish type) signal, ham radio, and other large receiving or transmitting antennas affect the safety and welfare of residents of the City of Belmont by increasing the potential for property damage and personal injury during periods of high velocity wind. The City of Belmont is subject to strong winds due to steep terrain and a peninsular location which constitute an actual danger to property and the public.

Further, the erection of antennas may affect the aesthetic quality of life by creating unattractive appurtenances to buildings, blocking and degrading views, and creating visual clutter. In order to protect and preserve the health, safety, welfare, and aesthetic quality of life it is necessary to establish standards and procedures for the erection and maintenance of antennas. Due to their size and the associated magnitude of visual and aesthetic impact, it is the purpose of this ordinance to regulate roof-mounting of satellite-dish type antennas in residential areas, by limiting the size of satellite-dish type antennas in order to further promote safety and protect the public aesthetics. The standards contained in this ordinance are the least necessary to obtain the community objectives of promoting public safety and aesthetic quality while providing for reasonable signal access.[1] ,[2]

• 25.2 PERMIT REQUIRED: No antenna shall be constructed or erected without first obtaining the necessary building and conditional use permit required by this chapter, unless determined to be exempt by the Director of Planning.

• 25.3 EXEMPTION FROM USE PERMIT REQUIREMENT: The following antennas are exempt from the conditional use permit requirements:

• 25.3.1 Standard UHF/VHF television and FM/AM radio antennas designed for receiving signals from ground-based broadcast systems and mono-pole and similar type communications antennas, provided all such antennas meet the following criteria:

  • (a) Roof- or building-mounted antennas shall not exceed 9 feet in height or 4 feet above the highest roof elevation, whichever is less.

  • (b) Roof- or building- mounted antennas shall be placed at the eave edge of the rear roof line, in situations where such a placement will decrease visibility from the public rights-of-way.

  • (c) Ground-mounted antennas shall not exceed 12 feet in height and shall be obscured from view from public rights-of-way by structures or landscaping.

  • (d) Motor vehicle mounted antennas intended to provide two-way communication during vehicle operation.

1 Added by Ord. #910, 10/24/96 2 Amended by Ord. 2021-1159, 10/26/2021

City of Belmont Zoning Ordinance

10-1

• 25.3.2 Antennas installed for use by a governmental agency for the purpose of protecting the public health, safety, and welfare.

• 25.3.3 Dish-type antennas which meet all of the following criteria:

• (a) The antenna is placed on the ground between the rear of the main structure and the rear property line, and is setback at least five (5) feet from all property lines.

  • (b) The antenna is no greater than 6 feet in diameter and not greater than seven (7) feet in height.

  • (c) The antenna is obscured from view from public rights-of-way by structures or landscaping.

• 25.3.4 Antennas used for personal wireless services as defined in 47 U.S.C. Section 1455.

• 25.4 APPLICATION FOR PERMIT: Conditional use permit applications for antennae defined by section 2.9.1 (antennae not part of a wireless communication facility) shall be filed with the Planning Department and accompanied by a processing fee as may be set by Council resolution. In addition to the use permit application requirements of Section 11 the applicant shall provide the following information:[3]

• 25.4.1 The location of any electrical or signal transmitting wires or cables to be used, and

• 25.4.2 The specific antenna support devices to be used, and

• 25.4.3 The proposed method of screening the antenna to make it as inconspicuous as possible and to help it blend into the surrounding area, and

• 25.4.4 Elevation drawings illustrating the placement, color, and material of the antenna.

• 25.4.5 An application for a dish-type antenna shall be accompanied by:

  • (a) An independent evaluation of signal access for the three most feasible, alternate ground locations. The evaluation shall assess signal access for antennas ranging from 4 ½ feet in diameter and up at each of these locations. The evaluation shall be prepared by a consultant selected by the Planning Department and paid for by the applicant. The evaluation shall indicate the percentage of satellites that can be accessed from the various alternate locations and whether the various signal strengths are adequate for use with television having screens no larger than 25 inches.

  • (b) Wind-load calculations for antennas less than 30% open as specified in the Uniform Building Code.

• 25.5 EMPLACEMENT STANDARDS FOR ANTENNAE NOT PART OF A WIRELESS COMMUNICATION FACILITY:[4]

3 Amended by Ord. #910, 10/24/96

4 Amended by Ord. #910, 10/24/96

City of Belmont Zoning Ordinance

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• 25.5.1 No antenna shall be placed within a front yard setback area required for a main structure in the zoning district applicable to the antenna location.

• 25.5.2 No antenna shall be placed closer than five (5) feet to any property line.

• 25.5.3 No dish-type antenna shall be larger than 10 feet in diameter.

• 25.5.4 No ground-mounted dish-type antenna shall exceed 11 feet in height.

• 25.5.5 Dish-type antennas shall not be placed on the roof of a building in an area designated as residential by the General Plan.

• 25.6 PERMIT REVIEW AND FINDINGS FOR ANTENNAE NOT PART OF A WIRELESS COMMUNICATION FACILITY:[4]

• 25.6.1 Application processing: All conditional use permits required by this chapter shall be subject to the provisions in Section 11, Conditional Use Permits.

• 25.6.2 Findings: Prior to approval of a conditional use permit required by this chapter the hearing body shall, in addition to the required findings of Section 11.5.1, find as follows:

  • (a) There is no other location on the site for the proposed antenna which would result in a less conspicuous or more aesthetically pleasing installation while still providing reasonable signal access; and,

  • (b) The antenna is the smallest possible while still allowing reasonable signal access; and,

  • (c) The proposed use will not result in an aesthetically offensive installation, open to public view, due to its location, design, height, color, or method of screening; and,

  • (d) Based upon a review of the submitted information by the Building Inspection Department, the proposed use will not create a safety hazard.

  • (e) Emplacement standards of section 25.5 are met or a variance has been approved for any standard not met.

• 25.7 WIRELESS COMMUNICATION FACILITIES (REPEALED)[5,6]

5 Added by Ord. 910, 10/24/1996

6 Repealed by Ord. 2021-1159, 10/26/2021. See Belmont City Code Chapter 35 for wireless regulations applicable to private property and BCC Chapter 22, Article 8 for wireless regulations applicable to facilities in the right of way.

City of Belmont Zoning Ordinance

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SECTION 26 - DENSITY BONUSES[1]

• 26.1 PURPOSE. The purpose of this Section is to adopt regulations that specifies how compliance with Government Code Section 65915 ("State Density Bonus Law") will be implemented in an effort to encourage the production of low and very-low income housing units in developments proposed within the city.

• 26.2 DEFINITIONS. Unless otherwise specified in this Section, the definitions found in State Density Bonus Law apply to the terms contained herein.

• 26.3 APPLICABILITY.

  • (a) This Section applies to all zoning districts, including mixed use zoning districts, where:

    • (1) Residential developments of five (5) or more dwelling units are proposed; and,

    • (2) The applicant seeks and agrees to provide low, very low, senior or moderate income housing units in the threshold amounts specified in State Density Bonus Law such that the resulting density is beyond that which is permitted by the applicable zoning.

    • (b) This Section and State Density Bonus Law apply only to the residential component of a mixed-use project and do not increase the allowable density of the nonresidential component of any proposed project.