Article VII — Development Code Administration

Article VII provides information on the County's administrative framework and procedures that relate to land use. Information on review bodies, public hearings, and appeals is included along with other provisions on administering, amending, and enforcing the Development Code.

Article VIII—Development Code Definitions

Article VIII contains definitions of the specialized and technical terms and phrases used in the Development Code, as well as definitions of each type of land use allowed in the various zoning districts by Article II (Zoning Districts and Allowable Land Uses).

C.

Format of the Development Code.

1.

Outline. The format of the Development Code follows the layout of the Marin County Code. The chapter and section numbers use an expandable decimal numbering system. Major divisions within the Development Code are called Articles. Major divisions within articles are called Chapters. Chapters divide into Sections and Subsections. The format of the divisions in the Development Code is shown below.

Title 22—Development Code

Article XX—Name of Article

Chapter 22.xx—Name of Chapter

22.xx.xxx—Title of Section

A. Subsection

1. Subsection

• a. Subsection

• (1) Subsection

• (a) Subsection

2.

References, Citations. Provisions of the Development Code often include cross-references to other parts of the Code, other County documents, and requirements of California State law that relate to the particular Development Code section where the cross-reference appears. Cross-references and citations of other documents are handled as follows:

Outside of the same section. When a cross-reference is to text outside of the same section being referenced, the cross-reference starts with the Title number (i.e., 22) and continues to the appropriate level for the reference. For example, 22.010.050.B refers to Title 22, Chapter 010, Section 050, Subsection B.

The terms Title, Chapter, and Section are used if the reference is to an entire Title, Chapter, or Section. Cross-references will include the applicable Title, Chapter, or Section number, followed by the name of the Title, Chapter, or Section in parenthesis (e.g., "Chapter 22.03 (Interpretation of Code Provisions)").

Within the same section. When a cross-reference is to text within the same section, the name of the division level is used (i.e., Subsection) and the reference "number" starts with the appropriate subsection letter. For example "See Subsection D.2, below," refers to Paragraph 2., of Subsection D., of the same Section.

External documents. Provisions of State law that are cited in the Development Code will be referenced by the name of the applicable State Code, and either individual or multiple section numbers (e.g., "Government Code Section 65091," "Map Act Section 66749," etc.). The reference will include the abbreviation "et seq." (the Latin "et sequitur," which means "and following") when also referencing all following sections that are relevant to the reference. For example, "Government Code Section 65090 et seq." refers to Section 65090 of the California Government Code, and all the following sections of the Government Code that relate to the same topic.

Availability of cited documents. Any external document referenced or cited in the Development Code, including the Marin Countywide Plan and Marin County Code, the portions of the California Government Code comprising the Planning and Zoning Law and Subdivision Map Act, and others, is available for review at the offices of the Marin County Community Development Agency.

3.

Terms. The Development Code has been written in a "plain English" style and the meaning is intended to be clear as read. However, it is also a legal document and because of the need for technical terms with specific meanings, the Development Code also provides guidance on how specific terms are used. Article VIII (Definitions), defines words that have a specific meaning in the Development Code. Chapter 22.02 (Interpretation of Code Provisions) contains other information on how terms are used in the Development Code.

D.

Using the Development Code.

1.

Determining the Zoning Regulations for a Specific Site. To determine the zoning regulations applicable to a specific property, you must first find the site on the County Zoning Maps. The Zoning Maps will show the zoning applied to the site, and whether the site is subject to any overlay zoning districts or limitations on maximum residential density. After the zoning of the property is determined, the Development Code can be used to look up the applicable regulations.

a.

Allowed uses and zone-based development standards. Look in either Article II (Zoning Districts and Allowable Land Uses) or Article V (Coastal Zones - Development and Resource Management Standards)

under the applicable zoning district and any combining district to determine which land uses are possible on the property, and what type of land use permit is required for each use.

Each chapter contains tables listing land uses allowed in each zoning district, and the permit required for each use. Where the Development Code provides unique standards and requirements for a particular land use (e.g., child day-care centers, home occupations, etc.), these tables also list the Code section where the specific standards can be found.

Additional tables describe the basic standards for development in each zoning district: The minimum size for lots proposed in new subdivisions; the maximum allowed residential density; maximum floor area ratio; maximum site coverage; minimum setback/yard requirements; and the maximum height for proposed structures.

b.

Additional development standards. Look in Article III to find the remaining development standards that apply to proposed uses (in addition to those established for each zoning district in Article II or Article V). Each chapter in Article III applies to all development and new land uses within the County, depending upon the specific land use proposed, the characteristics of the particular site and its location. Each of the chapters in Article III should be reviewed in the following order to find the development standards that apply to a proposed land use:

• Chapter 22.20—General Property Development and Use Standards. This chapter contains sections that each cover one topic, and that apply to most land use types. Each section should be reviewed to determine whether it applies to a particular use.

• Chapter 22.22—Affordable Housing Regulations. This chapter applies to residential development projects.

• Chapter 22.24—Affordable Housing Incentives. This chapter provides for density bonuses and other incentives to encourage the construction of affordable housing units.

• Chapter 22.26—Landscaping. This chapter applies to all land uses and development.

• Chapter 22.28—Signs. This chapter contains the County's sign ordinance, and applies to all land uses and development proposing signs.

• Chapter 22.30—Standards for Specific Communities. This chapter contains development standards that apply only in the specific communities identified, and which may supersede certain normal Development Code requirements in those communities.

• Chapter 22.32—Standards for Specific Land Uses. The sections in this chapter each provide standards applicable to specific land uses and activities, such as the keeping of animals within the County, child daycare facilities, home occupations, service stations with mini-markets, and others.

• Chapter 22.34—Transfer of Development Rights. This Chapter provides for a transfer of development rights (TDR) process that can allow the relocation of potential development from areas where environmental

or land use impacts could be severe, to other areas where those impacts can be minimized, while still granting appropriate development rights to each property.

2.

Determining Where a Specific Use May Locate.

a.

The allowable use tables. To determine in what zones a specific use may be located, first review the tables showing allowable uses and permit requirements for each zoning district in Article II (Zoning Districts and Allowable Land Uses), or in Article V (Coastal Zones - Development and Resource Management Standards) if the site is within the Coastal Zone. The allowable use tables in Article II are contained in the following sections: