Article II — Formula Businesses and Restaurants in Zones Allowing Commercial Uses

17.040.200 Purpose 17.040.210 Definitions

• 17.040.220 Conditional use of formula businesses and restaurants in zones allowing commercial uses

ARTICLE I: GENERALLY

In all residential zones, no permit shall be granted for the erection or construction of any building or structure where the total area of all existing and/or proposed buildings, structures or accessory structures exceeds 35 percent of the total lot area, save and except that a swimming pool shall not be computed as a part of the percentage, or unless additional coverage is allowed by variance variance or by a waiver granted under Chapter 17.044 or a concession or incentive granted for a density bonus for an affordable housing project under Chapter 17.050.

(Prior Code, § 17.22.010) (Ord. 352, passed - -1973; Am. Ord. 486, passed - -1981; Am. Ord. 885, passed 11-1-2023)

Save and except as otherwise specifically provided in this title or by variance, no accessory structure or building, including a swimming pool, anypart of which is more than two feet above finished grade, shall be placed in any yard between the lot and setback line herein established as follows:

(A) Front yard setback: ten feet.

• (B) Rear yard setback: ten feet.

(C) Side yard setback: five feet; provided, however, that, if a lot shall be of an average width less than 50 feet, then the setback line shall be ten percent of the average width, but in no event less than three feet.

(D) All corner lots: all street frontage of any corner lot shall have a yard setback of ten feet.

(Prior Code, § 17.22.020) (Ord. 352, passed - -1973; Am. Ord. 461, passed - -1979; Am. Ord. 575, passed - -1988)

In any commercial or industrial zone, there shall be a minimum front yard setback of seven feet for sidewalks, if no sidewalk is provided for in public right-of-way, except as otherwise provided by use permit.

(Prior Code, § 17.22.030) (Ord. 352, passed - -1973)

(A) No building, accessory building, structure or swimming pool shall be constructed closer to the topof the stream bank of the Fairfax and San Anselmo creeks than 20 feet or two times the average depth of the bank, whichever is greater, without authorization by variance, except for retaining walls and bulkheads which replace failing structures and which do not increase the height, width, length or configuration of the original structure.

• (B) All structures approved under this section must comply with the requirements in Chapter 8.28, Watercourses, of this

code.

(Prior Code, § 17.22.040) (Ord. 352, passed - -1973; Am. Ord. 495, passed - -1982; Am. Ord. 498, passed - -1982; Am. Ord. 605, passed - -1991)

No outdoor advertising signs or structures, commonly referred to as “signs,” shall be permitted in the town save and except as permitted by the provisions of Chapter 17.064 of this title.

(Prior Code, § 17.22.050) (Ord. 352, passed - -1973)

(A) No business shall be conducted upon any premises in the town, save and except from a building with four walls and roof constructed under the provisions of the building code of the town.

(B) The businesses conducted outside may be operated after first obtaining a conditional use permit from the Planning Commission, as provided in Chapter 17.032 of this title.

(Prior Code, § 17.22.060) (Ord. 352, passed - -1973)

(A) No building or structure shall be erected in any zone and no permit thereafter shall be issued, until the owner of the property has provided for adequate water supply for fire protection.

(B) The plans for the fire protection must be approved by the Chief of the Fire Department of the town.

(Prior Code, § 17.22.070) (Ord. 352, passed - -1973)

Cross-reference:

Fire Code, see Title 7

No commercial air-sea-rail shipping container shall be permitted upon any premises in any residential zone.

(Prior Code, § 17.22.080) (Ord. 352, passed - -1973; Am. Ord. 567, passed - -1988)

No house, apartment or other building shall be converted either to condominium ownership or stock cooperative ownership in the town.

(Prior Code, § 17.22.090) (Ord. 352, passed - -1973; Am. Ord. 487, passed - -1981)

(A) Review for completeness . Within 30 days of receiving a discretionary permit application, the town shall review the application for completeness and accuracy of required information before it is accepted and acknowledged as being complete and officially filed. When the town informs the applicant in writing within 30 days following the submission of the application(s) that an application is incomplete and specifies additional information required for completeness review but applicant fails to submit such information within the time limits listed in § 17.040.100(A)(1) or (A)(2) below, as applicable, the discretionary permit application shall expire unless the applicant obtains from the Planning Director an approved request for extension.

(1) General time limit . An incomplete discretionary permit application shall expire 180 days following the date the town provides written notice that the application is incomplete, unless the Director grants an extension not to exceed one additional year. This time limit shall not apply to § 17.040.100(A) (Initial Application Review for Discretionary Permits — Enforcement cases) below.

(2) Enforcement cases. An incomplete discretionary permit application, submitted to resolve a code enforcement matter, shall expire 60 days following the date the agency provides written notice that the application is incomplete, unless the Director grants extensions not to exceed a total of an additional 90 days.

(B) Resubmittal . In the event that a discretionary permit application expires the applicant may submit a new application, subject to all payment of all applicable fees, in accordance with this Code, and the application review process will commence again.

(C) After a discretionary permit application has been determined to be complete, the town may require the applicant to submit additional information necessary to conduct environmental review or otherwise evaluate the application consistent with applicable requirements.

(Ord. 837, passed 10-2-2019)

(a) Time limits, vesting. Unless conditions of approval or other applicable law establish a different time limit, any permit or entitlement not vested within one year of the date of approval shall expire and become void. Vesting of the permit shall be as provided under state and federal law, which currently provides that the permit shall not be considered vested until, at a minimum, the permit holder has performed the following:

(1) Obtained a building permit or other similar construction permit, and

(2) Has made substantial progress in reliance thereupon towards completing the improvements in accordance with the approved permits, or has actually commenced the allowed use on the subject property, in compliance with the conditions of approval, or

(3) Has recorded a parcel or final map.

(B) Extensions of time . Upon request by the applicant, the Planning Director may extend the time for an approved permit to become vested.

(1) Filing . The applicant shall file a written request for an extension of time with the Planning Department, at least ten days prior to the expiration of the permit, together with the filing fee in accordance with the schedule of fees fixed and adopted by the Town Council. The burden of proof is on the permittee to establish, with substantial evidence, that the permit should not expire.

(2) Review of extension request . The Planning Director shall determine whether the permit holder has attempted in good faith to comply with the conditions of the permit. The Director may instead refer the extension request to the Planning Commission for review.

(3) Action on extension. If the Planning Director determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Planning Director may extend the permit for a maximum period of one additional year following the original expiration date. When granting an extension, the Planning Director may approve or make minor modifications to the approved project based upon a finding or a change in the laws, codes, or other circumstances surrounding the original approval so warrant.

(4) Hearing on extension. If the Planning Director finds that significant policy questions are at issue, the Planning Director may refer the application to the Planning Commission for a public hearing. The expiration period for the application(s) and/or approval(s) shall be stayed until such time the Planning Commission rendered a decision on the policy questions and extension.

(5) Coordination of expiration date among multiple permits . If a building permit, or other permits, are issued during the effective life of the entitlement or development application approval, the expiration date of the entitlement or development application approval shall be automatically extended to coincide with the expiration date of the building permit or other permit.

(Ord. 837, passed 10-2-2019)