§ 36.08

It shall be unlawful for any person, firm or corporation to erect, construct, or locate, or contract for the erection, construction or location of any building or other structure, excepting fences three (3) feet in height or less above grade and signs erected or installed pursuant to the provisions of this chapter within any setback line as established herein, and the zoning administrator, city council or building inspector shall refuse to issue a permit for the construction or erection of any building or structure within such setback contrary to provisions of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

Habitable trailers shall not be stored or parked within any required street setback area in any office, commercial or industrial zone except where limited display areas may be permitted by the zoning administrator, using the conditional use permit procedure under Sec. 36.48.

(Ord. No. 18.13, § 1, 12/10/13.)

In all nonresidential districts, in required yards other than front yards and street setback areas, fences and walls may not exceed seven (7) feet in height, subject to development review (see Sec. 36.44.45). On a case-by-case basis, the zoning administrator may consider fences or walls of additional height.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 5. - INTERPRETATIONS, EXCEPTIONS AND CALCULATIONS

The requirements and regulations specified in this chapter shall be subject to the following exceptions and interpretations.

(Ord. No. 18.13, § 1, 12/10/13.)

Height limitations set forth elsewhere in this Chapter shall not apply to:

a.

Barns, silos, water towers or tanks, windmills or other farm buildings or structures on farms, provided these are not less than fifty (50) feet from every lot line; church spires, belfries, cupolas and domes; smokestacks; flag poles; elevator penthouses; cooling towers; grain elevators; and outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater.

b.

Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are not more than one (1) story in height, and provided that for each one (1) foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.

c.

Other structures where the manufacturing process requires a greater height, provided, however, that all such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five (25) percent of the area of the lot and shall be distant not less than twenty-five (25) feet in all parts from every lot line not a street lot line.

d.

Antennas and communication facilities on utility poles, utility towers and light standards in all zoning districts, excluding the city's rights-of-way, provided:

1.

The applicant submits a development review permit and goes through the review process pursuant to Section 36.44.45;

2.

The applicant submits a description of the efforts made to consider alternative sites and demonstrates the proposal for the facility, including all associated equipment (whether or not installed by the applicant), is the least intrusive alternative;

3.

The proposed height exception is proven, by the applicant, to be the minimum amount of additional height needed to address a significant gap in coverage;

4.

The proposed extension and other changes to the pole or equipment are proven, by the applicant, to be structurally sound and safe; and

5.

Equipment associated with the facility does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same or otherwise present a hazard to pedestrian or vehicular use of the same.

e.

Roof screens, parapets or any architectural feature intended to provide screening of rooftop equipment in all zoning districts shall be the minimum necessary height to fully screen rooftop equipment on all sides, not to exceed an additional ten (10) feet beyond the maximum building height, excluding residential structures in all R1 and R2 zones in which roof screens must comply with the maximum building height.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 20.19, § 4, 12/10/19; Ord. No. 01.2024, § 4, 1/23/24.)

Where less than one-half (½) the height of a basement or cellar, or ground floor, is below ground level, measured by reference to the average elevation of land within one hundred (100) feet of the building, said basement, cellar or ground floor shall be considered a story and floor area.

(Ord. No. 18.13, § 1, 12/10/13.)

DIVISION 6. - REASONABLE ACCOMMODATIONS

SEC. 36.08.40. - Reasonable accommodations. SEC. 36.08.45. - Purpose.

This division is established to provide a formal procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures, and to establish relevant criteria to be used when considering such requests to new or existing residential structures.

(Ord. No. 18.13, § 1, 12/10/13.)

In order to provide housing accessible to an individual with a disability, any person may request a modification or exception to the rules, standards and practices for the siting, development and use of

housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section applies only to those persons who are defined as disabled under the Acts and is permitted for residential properties in all zoning districts.

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Requests for reasonable accommodation shall be made with an application submitted to the community development department, together with the appropriate fee, as established by resolution adopted by the city council, and other required information. If the request for reasonable accommodation also requires some other discretionary approval under this chapter (including, but not limited to, a conditional use permit, design review, variance, general plan amendment or zone change), the application shall be submitted and reviewed at the same time as the related applications.

b.

All requests shall be reasonable and limited to the minimum modifications the applicant believes are necessary to accommodate the disability. The applicant shall provide all information identified in the reasonable accommodations handout located in the community development department.

c.

Any health information protected as confidential in accordance with state and federal law shall be retained by the city in a manner so as to respect the privacy rights of the individual with a disability and shall not be made available for public inspection. The application is otherwise a public record and subject to inspection pursuant to the Public Records Act.

d.

A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation(s) may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an applicant's obligation to comply with other applicable regulations not at issue in the requested reasonable accommodation.

(Ord. No. 18.13, § 1, 12/10/13.)

A reasonable accommodation request shall be processed in the same manner as a development review permit. Applications shall be processed and a decision made by the zoning administrator in accordance with Sec. 36.44.45 (Development Review Process), subject to the findings in Sec. 36.08.65. If appealed, the

city council shall be the final decision authority in accordance with Sec. 36.56 (Applications, Hearings and Appeals).

(Ord. No. 18.13, § 1, 12/10/13.)

a.

Any decision on an application under this Section shall be supported by written findings addressing the criteria set forth in this subsection. An application under this Section for a reasonable accommodation shall be granted if all of the following findings are made:

1.

The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2.

The requested reasonable accommodation is necessary to provide housing accessible to an individual with a disability under the Acts.

3.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4.

The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning or building codes.

b.

In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection "a." above.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 5, 1/23/24.)

DIVISION 7. - MOVING BUILDINGS

For the purpose of this Division, the following words shall have the meanings respectively ascribed to them by this Section:

a.

Building. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. A structure containing one hundred (100) square feet or less of floor space shall not fall within this definition.

b.

Public works director. The public works director for the city or their designee.

c.

Zoning permit. A permit issued pursuant to the provisions of this Chapter, including, but not limited to, a development review permit and historic preservation permit required for the placement, modification, rehabilitation or improvement of a relocated building and any associated site improvements to accommodate said building.

(Ord. No. 01.2024, § 6, 1/23/24.)

The provisions of this Division shall apply to any development project or activity that involves the movement of a building to any location within the City of Mountain View. These provisions shall not apply to buildings moved to a location within the city for the purpose of temporary storage, so long as such activity is conducted in compliance with the provisions of Section 8.149 of the city code.

(Ord. No. 01.2024, § 6, 1/23/24.)

In addition to the application requirements of Article XVI of this Chapter, applications for moving buildings shall include: a project description regarding how the structure conforms to the general form, scale and character of the neighborhood and what modifications will occur to the project site as a result of the project; information of any proposed structural modifications (i.e., windows, new roofing, etc.); and, if the structure has historic qualities, explanation of how the character and architectural style of the period shall be retained in any proposed expansion and/or accessory structures (e.g., avoid stucco over wood, replacing or mixing wood windows with aluminum, etc.).

(Ord. No. 01.2024, § 6, 1/23/24.)

At least fifteen (15) calendar days prior to review of a request for a zoning permit to move any building to a location inside the city, the applicant shall post a moving notice both at the proposed new location to be moved and at the existing building location in accordance with city standards for project identification signs.

Hearing notices shall be mailed in accordance with Section 36.56.20. Failure of any property owner, tenant or other person to receive said notice of hearing will not invalidate the proceedings or the permit.

(Ord. No. 01.2024, § 6, 1/23/24.)

1.

Zoning permit. A zoning permit shall be obtained in accordance with the hearing procedures in Sections 36.56.25 and 36.56.30 prior to receiving approval from the public works director that the structure and the route are approved for moving and prior to receiving a building permit.

2.

Premove inspection. A person seeking to move a building or structure onto a parcel within the city shall, concurrently with applying for a zoning permit, file an application for a premove inspection with the chief building official. The chief building official shall perform a premove inspection of the building or structure and the proposed location of the same, and the chief building official shall submit to the zoning administrator a report describing the improvements which must be made to the building or structure to conform to the current building codes.

3.

Public works director approval. The public works director shall approve the route the building is to be moved from the original site to the new location.

4.

Other approvals. A building permit for work as a result of moving the building shall be obtained as well as a moving permit for the moving of the structure. See Article VII in Chapter 8 on the application and additional procedures for the premove inspection, a building permit and a moving permit.

(Ord. No. 01.2024, § 6, 1/23/24.)

a.

Denial. If the zoning administrator finds and determines that the relocation of the building to the proposed site is inconsistent with the development standards of the underlying zoning district; would cause appreciable damage to, or be materially detrimental to, the property or improvements within the immediate vicinity of the proposed new location; or if the structure is of a type prohibited at the proposed new location by any law or city regulation, the zoning administrator shall deny the zoning permit and inform the applicant in writing.

b.

Appeal. Any person may appeal the decision of the zoning administrator made pursuant to this Division per Section 36.56.50.

(Ord. No. 01.2024, § 6, 1/23/24.)

ARTICLE IV. - RESIDENTIAL ZONES DIVISION 1. - PURPOSE