§ 22.06

This Chapter establishes the zoning districts applied to property within the County, determines how the zoning districts are applied on the official zoning maps, and provides general permit requirements for development and new land uses.

(Ord. No. 3577, 2012)

The unincorporated areas of Marin County shall be divided into zoning districts which consistently implement the Marin Countywide Plan, and applicable community and specific plans. The following zoning districts are established, and shall be shown on the official Zoning Map (Section 22.06.030). Zoning districts with the term "Planned" in their title are Planned districts, which may be subject to Master Plan

requirements, and all those districts without the term "Planned" in their title are conventionally zoned districts. The designation of certain planned zoning districts includes a numerical suffix on the zoning map, which indicates the maximum residential density. Zoning districts within the Coastal Zone are established by the Local Coastal Program.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021)

A.

Inclusion by reference. The zoning district boundaries have been adopted by the Board in compliance with Government Code Sections 65800 et seq., and are hereby incorporated into this Development Code by reference as though they were fully included here.

B.

Zoning district boundaries. The boundaries of the zoning districts established by Section 22.06.020 (Zoning

Districts Established) shall be shown upon the map or maps designated as the "Marin County Zoning Map" (hereafter referred to as the "Zoning Map"), on file and available for public review in the Agency offices.

C.

Relationship to Marin Countywide Plan. The Zoning Map shall implement the Marin Countywide Plan, specifically including the land use categories, densities, and land use intensities established by the Marin Countywide Plan, and/or any applicable Community Plan.

D.

Map amendments. Amendments to the Zoning Map shall follow the process established in Chapter 22.116 (Development Code, Zoning Map, Community Plan, and Countywide Plan Amendments).

E.

Unzoned land. Any land within the unincorporated area of the County not shown on the Zoning Map, or not identified on the Zoning Map with a zoning district symbol shall hereby be classified as A2, the Agriculture, Limited zoning district.

F.

Zoning Map interpretation. The Zoning Map shall be interpreted in compliance with Section 22.02.020.D (Zoning Map Boundaries).

(Ord. No. 3577, 2012)

22.06.040 - Allowable Land Uses and Permit Requirements.

A.

Restriction on new land uses. No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless the use of land or structures complies with the following requirements:

1.

Allowable use. A proposed land use may be allowed on a site if the land use is listed as being allowable in Sections 22.08.030 (Agricultural District Land Uses and Permit Requirements), 22.10.030 (Residential District Land Uses and Permit Requirements), 22.12.030 (Commercial/Mixed Use, and Industrial District Land Uses and Permit Requirements), 22.14.020.B (Special Purpose and Combining Districts - Applicability of Special Purpose and Combining Districts) or 22.12.040.C (Special Purpose and Combining Districts - Applicability of Special Purpose and Combining Districts).

2.

Permit requirements. Any land use or development permit required by this Development Code shall be obtained before the proposed development is constructed, or the land use is established or put into operation, unless the proposed development or use is listed in Section 22.06.050 (Exemptions from Land Use Permit Requirements). The land use permit requirements of this Article are established by Chapters 22.08 (Agricultural Districts), 22.10 (Residential Districts), 22.12 (Commercial/Mixed Use and Industrial Districts), or 22.14 (Special Purpose Districts and Combining Districts).

3.

Development standards. The existing or proposed use and/or improvements shall comply with all other applicable requirements of this Development Code, including, but not limited to, the development standards of this Article, and the provisions of Article III (Site Planning and General Development Standards).

4.

Conditions of approval. The existing or proposed use and/or improvements shall comply with any applicable conditions imposed by previous land use approvals (e.g., Use Permits, Variances, etc.), unless amended or superseded by subsequent approvals.

B.

Determination of allowable land uses. Any questions about whether a proposed land use is allowed in a particular zoning district by Sections 22.08.030, 22.10.030, 22.12.030, or 22.14.020.B or 22.14.020.C (Agricultural, Residential, Commercial/Mixed Use and Industrial, Open Area, and Public Facilities District Land Uses and Permit Requirements, respectively), may be resolved by the Director in compliance with Section 22.02.020.E (Rules of Interpretation - Allowable uses of land).

C.

Temporary uses. Certain temporary uses may be allowed subject to first obtaining a Temporary Use Permit. Requirements for establishing a temporary use are in Chapter 22.50 (Temporary Use Permits).

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017)

The following activities, uses of land, and other improvements, are permitted in all zoning districts and do not require a land use permit; however, other permits may be required in compliance with Subsection G., below.

A.

Sitework. The installation of irrigation lines, decks, platforms, on-site paths, driveways, and other improvements that do not increase lot coverage, and are not over 18 inches above grade. Improvements located within a Stream Conservation Area in the San Geronimo Valley combining district are not exempt. Improvements that are necessary to meet accessibility requirements, regardless of whether they are subject to building or grading permits, are also exempt in all zoning districts.

B.

Governmental activities. Official activities and development of the County, the Marin Emergency Radio Authority, the State or an agency of the State, or the Federal Government on land owned or leased by a governmental agency are exempt from discretionary permits except Coastal Permits.

C.

Interior remodeling. Interior alterations that do not:

1.

Result in an increase in the gross floor area within the structure;

2.

Change the permitted use; and

3.

Change the exterior appearance of the structure.

D.

Repairs and maintenance. Ordinary repairs and maintenance of an existing improvement, provided that the repairs and maintenance work do not:

1.

Result in any change of the approved land use of the site or improvement; and

2.

Expand or enlarge the improvement.

E.

Play structures. Typical play structures and play equipment that are not required to have building or grading permits by Title 19 or Title 23 of the County Code and do not exceed 15 feet in height. Play structures located within a Stream Conservation Area in the San Geronimo Valley combining district are not exempt.

F.

Accessory Dwelling Units. Accessory Dwelling Units that comply with Development Code Section 22.32.120.A (Residential Accessory Dwelling Units) and the tables in this article entitled Allowed Uses and Permit Requirements.

G.

Utilities. Public utility facilities shall be exempt from the land use permit requirements of this Development Code only to the extent provided by Government Code Section 53091, and the California Public Utilities Code.

H.

Solar Energy Systems. Solar energy systems that do not exceed the height limit of the governing zoning district for structures or the roof height of a building by more than two feet, whichever is less restrictive. Solar energy systems within a Stream Conservation Area within the San Geronimo Valley combining district are not exempt unless the exemption is required by State law.

I.

Electronic Vehicle Charging Stations. Electronic Vehicle Charging Stations are exempt from the land use permit requirements of this Development Code. Electronic Vehicle Charging Stations within the San Geronimo combining district are not exempt unless the exemption is required by State law.

J.

Other permits may still be required. A permitted land use that is exempt from a land use permit or has been granted a land use permit may still be required to obtain Building Permits or other permits before the use is constructed or otherwise established and put into operation. Nothing in this Article shall eliminate the need to obtain any other permits or approvals required by:

1.

Other provisions of this Development Code, including, but not limited to, any subdivision approval required by Article VI (Subdivisions);

2.

Other provisions of the County Code, including, but not limited to, Building Permits, Grading Permits, or other construction permits if they are required by Title 19, or a business license if required by Title 5; or

3.

Any other permit required by a regional, State or Federal agency.

4.

All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3770, § 1(exh. A), 2022)

22.06.060 - Zoning District Regulations.

A.

Purpose. Chapters 22.08 through 22.16 determine which land uses are allowable in each zoning district, what land use permit is required to establish each use, and the basic development standards that apply to allowed land uses in each of the zoning districts established by Section 22.06.020 (Zoning Districts Established).

B.

Conflicts between provisions. In the event of any conflict between the zoning district regulations of this Article and the provisions of Article III (Site Planning and General Development Standards), the provisions of Article III shall control, except as expressly provided in Chapter 22.16 (Discretionary Development Standards).

C.

Single parcel in two zoning districts. In the event two or more parcels are consolidated through the approval of a lot line adjustment, merger, parcel or Tentative Map, or reversion to acreage in compliance with Article VI (Subdivisions), where a single parcel is covered by two or more zoning districts, the consolidated parcel should be reviewed by the Director to determine whether the parcel should be rezoned to a single zoning district.

D.

Measurements, calculations. Explanations of how height limits, site coverage requirements, and floor area ratios (FAR) apply to sites and projects are in Chapter 22.20 (General Property Development and Use Standards).

(Ord. No. 3577, 2012)