8.5.7 LOCATION.

• (a) Loading spaces must be located on the same lot on which the use for which they are required is located except as provided in (b).

• (b) With a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the Planning Commission must make the following findings in addition to the findings otherwise required:

  • (1) That the common loading area results in a more efficient design than individual loading areas serving each use separately;

  • (2) That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and

  • (3) That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.

• (c) No loading berth for vehicles over two tons in capacity is closer than 50 feet to any property in a Residential District unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height.

City of Belmont Zoning Ordinance

8-20

No permitted or required loading berth is located within 25 feet of the nearest point of any street intersection.

• 8.5.8 ACCESS TO TENANT SPACES SERVED BY LOADING SPACES. Buildings served by loading spaces must be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.

• 8.5.9 AVAILABILITY AND UTILIZATION OF LOADING SPACES. All loading spaces must be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces must advise drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, require drivers to use such loading spaces, and not allow pick-up and delivery vehicles to be loaded in the public right-of-way.

• 8.5.10 IDLING. Where adjacent to residential uses, vehicles may idle no longer than is reasonably necessary to load or unload passengers. Idling vehicles while goods are loaded or unloaded is prohibited.

• 8.5.11 LANDSCAPING AND SCREENING. All loading spaces and the maneuvering areas and driveways serving them must be landscaped and screened as required by this section.

• 8.5.12 LIGHTING. All exterior loading spaces and the maneuvering areas and driveways serving them must be provided with lighting meeting the minimums established for parking areas.

• 8.6 TRANSPORTATION DEMAND MANAGEMENT. All projects are subject to the requirements of the Belmont Transportation Demand Management Program (TDM). The Program’s Report and Guidebook, summary information sheet, and application form are available at the Belmont Community Development Department and on the City’s Community Development webpage.

City of Belmont Zoning Ordinance 8-21

SECTION 9 - GENERAL REGULATIONS

Editor’s Note: Current through Ordinance 2025-1192

The provisions of this Ordinance shall be subject to the following general regulations, special provisions, and exceptions.

• 9.1 CONFORMITY REQUIRED - Except as otherwise provided herein, land buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for that district.

No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage, or smaller yards, or open spaces about it than permissible under the limitations set forth herein for the district in which such building is located.

No yard, open space or off-street parking space, or loading space existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this Ordinance shall be considered as all or part of the yard, open space, off-street parking space, or loading space required for any other building or upon any other lot; except as provided in Section 8.2.3 for the joint or collective use of parking space.

No lot existing at the effective date of this Ordinance shall be reduced in dimension or area in relation to any building thereon so as to be smaller than required by this Ordinance; and, if already less, the dimension or area of such lot shall not be further reduced.

• 9.2 Reserved.[1]

• 9.3 LOTS OF RECORD - Any single lot or parcel of land, which was of record and a legal lot at the time of adoption of this Ordinance, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized for a Permitted Use, if all other requirements of this Ordinance are met; provided, however, that when two or more lots or parcels of land, each of which lacks area and/or dimension adequate to qualify for a Permitted Use under the requirements of the use district in which they are located are contiguous and are held in one ownership, they shall be used as one building site for such Permitted Use.

• 9.4 ACCESS TO PUBLIC STREETS - No building shall be constructed or erected upon any lot unless such lot abuts upon a public street, or upon a lot having a permanent access easement to a public street which was of record prior to the effective date of this Ordinance. No lot shall be deemed to abut upon a street unless it has a frontage thereon of not less than 30 feet and a lot width of not less than 30 feet for a depth of 100 feet from the front lot line.

• 9.5 USES - EXCEPTION AND PROVISIONS

• 9.5.1 Repealed.[2]

• 9.5.2 TEMPORARY USES - The Zoning Administrator may issue a zoning certificate, upon application, for lawful temporary uses of property as specified in this and the following

1 Amended by Ord. 2018-1131, §30, 4/24/2018

2 Amended by Ord. 2018-1131, §31, 4/24/2018

Sections. Approval may be made contingent upon such conditions and time limitations as are reasonably necessary to secure the public welfare. The violation of any such condition shall be grounds for the revocation of the certificate and of any permit or license issued thereunder. The Zoning Administrator shall require guarantees to assure removal of the temporary use and of any debris or refuse resultant therefrom, so as to restore the premises to its prior condition and shall establish the date of such removal.

• (a) Tract and Sales Offices - A temporary zoning certificate may be issued upon application for a tract and sales office in an R District during the period of construction or sale of homes in a new subdivision, located either in a dwelling or in a temporary structure located not less than 20 feet from any other structure. Such office or temporary structure shall be removed and the entire premises shall be restored to conform to the district regulations within ten days after the expiration of the period of time specified in the certificate.

• (b) Uses Incidental to Construction - The Zoning Administrator may issue a zoning certificate for temporary buildings and uses incidental to the construction of a building or group of buildings on same or adjacent premises subject to the applicable provisions of this Ordinance.

• (c) Non-profit Functions - A temporary zoning certificate, for a period not to exceed 15 days, may be issued for school, church, service club or other functions which are clearly of a non-profit or charitable nature provided the Zoning Administrator finds that the proposed use:3

  • (1) Is consistent with the purposes of the district

  • (2) Has the same basic characteristics as uses permitted in the district

  • (3) Will not be detrimental to the public health, safety or welfare.

  • (4) Will not adversely affect the character of the district

  • (5) Will not create more vehicular traffic than the volume normally created by uses permitted in the district.

  • (6) Will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by uses permitted in the district.

• (d) Seasonal Holiday Sales Lots - A temporary zoning certificate may be issued for Christmas tree and Halloween pumpkin retail sales lots of a period not to exceed 40 days.4

• 9.5.3 ACCESSORY USES - An accessory use, as defined and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.

• 9.5.4 ACCESSORY BUILDINGS[5]

3 Amended by Ord. 366, 5/22/67; Ord. 2018-1131, §32, 4/24/2018

4 Amended by Ord. 366, 5/22/67; Ord. 781, 12/8/67

5 Amended by Ord. 2025-1192, §51, 12/9/2025; Amended by Ord. 2017-1118, §31, 5/23/2017

• (a) Accessory buildings as regulated herein are permitted in any district, if constructed either at the same time as the main building on the lot, or subsequently.

• (b) In any R District, nonhabitable one story detached accessory buildings and accessory structures (i.e. garages and storage sheds) may occupy part, but not more than 40 percent, of the required yard areas; provided however, that no detached accessory building shall be located in front of the main building.

  • (c) Detached accessory dwelling units may occupy required yard areas, as provided in Section 24.

• 9.5.5 RECYCLING COLLECTION FACILITIES[6]

  • (a) Size . Recycling collection facilities must not exceed a building site footprint of 350 square feet.

  • (b) Setback . Facilities must not be located within a required setback.

  • (c) Use . Collection facilities, which include donation bins, shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with approval of the Fire Chief and in accord with all federal, State, and City regulations.

  • (d) Equipment . No power-driven processing equipment, except for reverse vending machines, can be used.

  • (e) Containers . Recycling collection facilities shall use containers that are constructed and maintained with durable waterproof and rust-proof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule. Containers for the 24-hour donation of materials shall be at least 30 feet from any lot in a residential zoning districts or occupied by a residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

  • (f) Site Maintenance . Recycling facility sites must be maintained clean, sanitary, and free of litter and any other undesirable materials.

  • (g) Hours of Operation . Recycling collection facilities located within 75 feet of a lot in a residential zoning district or a lot occupied by a residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

  • (h) Identification . Containers must be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

  • (i) Signs . The maximum sign area is limited to 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container.

  • (j) Parking . No additional parking spaces are required for customers of a small collection facility located at the established parking lot of a host use. One space must be provided for

6 Added by Ord. 2017-1124, §35, 11/28/2017

the attendant. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

• 9.5.6 USES IN SAN CARLOS AIRPORT SAFETY ZONES[7] - For properties located within San Carlos Airport Safety Zones 4 or 6, uses must comply with the airport land use compatibility criteria listed in Table 4-4 of the San Carlos ALUCP. Some uses may be incompatible in safety zones. Project sponsors in the airport environs must determine whether they are required to file Form 460-1 notice of proposed construction or alteration with the Federal Aviation Administration (FAA), in accordance with airspace protection Policy 2. Project applicants who are required to submit a Form 7460-1 to the FAA must provide the local government permitting agency with a copy of the FAA's study findings with their applications for development approval.

• 9.6 NONCONFORMING USES AND STRUCTURES

• 9.6.1 CONTINUATION AND MAINTENANCE - A use lawfully occupying a structure or a site on the effective date of this Ordinance or of amendments thereto, which does not conform with the use regulations for the district in which the use is located, shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this Section.

A structure lawfully occupying a site on the effective date of this Ordinance or of amendments thereto which does not conform with the standards of coverage, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained except as otherwise provided in this Section.

Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming, and on a nonconforming structure.

• 9.6.2 ALTERATIONS AND ADDITIONS TO NONCONFORMING USES[8] - No structure, the use of which is nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use, or is essential to the improvement of the public health and safety as required by local, state, or federal statutes for the protection of the environment.

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy on the effective date of this Ordinance or of the amendment thereto which caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site.