Mountain View Municipal Code § 36.06.50 Exemptions from zoning permit requirements

No use of land or structures shall be established, constructed, reconstructed, altered, allowed or replaced unless:

a. The land use is identified by as being allowable in the zoning district applied to the site;

b. Any zoning permit required by this chapter is obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Sec. 36.06.50, exemptions from land use permit requirements. The zoning permit requirements of this chapter are established by Sec. 36.10.05 (Residential Zones), 36.18.05 (Commercial Zones), 36.20.05 (Industrial Zones), 36.22, 36.24, 36.24.35, 36.26 and 36.26.35 (Special Purpose Zones).

In determining whether to grant a zoning permit, the reviewing authority, as specified in Article XVI, shall consider an analysis of the fiscal impacts of the development covered by any application involving two (2) or more acres of land that proposes to change the allowed type or quantity of development or change the allowed land uses. The fiscal analysis shall, at the minimum, evaluate the change in revenues paid to the city by the uses or development proposed to be allowed compared to the uses or development currently permitted. The fiscal analysis may be expanded to cover additional detail or the fiscal impact on other agencies if the basic analysis indicates that the potential fiscal impacts may have a significant impact on the city or other agencies. If the reviewing authority, established by Article XVI, is other than the city council, any project application with a potentially adverse fiscal impact shall be referred to the city council for final action on the zoning permit;

c. The use is in compliance with all other applicable requirements of this chapter including, but not limited to, the development standards of this chapter; and

d. The use is in compliance with any applicable site design conditions imposed by previous land use approvals.

(Ord. No. 18.13, § 1, 12/10/13.)

Any questions about whether a proposed land use is allowed in a particular zoning district by Sec. 36.10.05 (Residential Zones), 36.18.05 (Commercial Zones), 36.20.05 (Industrial Zones), 36.22, 36.24, 36.24.35, 36.26 and 36.26.35 (Special Purpose Zones), shall be resolved by the zoning administrator in compliance with Sec. 36.58.30 (Procedures for Interpretation), except that land uses listed, as specifically defined in this chapter, and on the tables in a particular zoning district(s) shall only be allowed in the specific zoning district(s) in which it is listed. Such uses can only be allowed in other zoning district(s) upon approval of a text amendment as provided by Sec. 36.52.35 (Zoning Amendments). These uses cannot be named as similar uses as determined by the zoning administrator through the conditional use permit process or Sec. 36.58.30 (Procedures for Interpretation). Land uses that are not listed on the tables are not allowed, except where otherwise provided by Sec. 36.06.40 (Determination of allowable land uses) or Sec. 36.06.50 (Exemptions from zoning permit requirements).

(Ord. No. 18.13, § 1, 12/10/13.)

Requirements for establishing a temporary use are in Sec. 36.46 (Temporary Use Permits).

(Ord. No. 18.13, § 1, 12/10/13.)

The zoning permit requirements of this Chapter do not apply to the following activities, land uses and structures except as otherwise provided below.

a. Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units, as defined in Section 36.60.05, or junior accessory dwelling units, as defined in Section 36.60.23, shall be designed in compliance with Section 36.12.60 through Section 36.12.120.

b. Accessory structures with less than one hundred twenty (120) square feet in floor area. One (1) story detached structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet, and the structure is not required to have building or grading permits by Chapter 8 (Buildings) of the City Code. However, the floor area shall count toward the allowed floor area for the parcel, and the structure(s) shall comply with Section 36.12.35.

c. Antennas, communication facilities. Communication facilities and antennas, as defined in Section 36.60.03, are allowed in all zoning districts subject to a development review permit (Section 36.44.45), unless prohibited by state and/or federal law, and shall comply with the development standards for the applicable district, except that they are prohibited on any R1 or R2 zoned property used primarily for a single-family residence. This Section shall apply to any facility proposed within a city zoning district, excluding the city's rights-of-way. All of the aspects enumerated in Government Code § 65850.6(b) (which include, but are not limited to, aesthetics, design, height, location, bulk and size) will be considered given the facts and circumstances of each proposed facility and its compatibility with the neighborhood and adjacent uses.

d. Decks, paths and driveways. Decks, platforms, on-site paths and driveways that are not required to have building or grading permits by Chapter 8 (Buildings) of the City Code and are not over eighteen (18) inches above natural grade and not over any basement or story below.

e. Dual urban opportunity development. A dual urban opportunity development, as defined in Section 36.30.11, shall be designed in compliance with Section 36.13.10 through 36.13.45.

f. Emergency shelters. Emergency shelters, as defined in Section 36.60.13, shall be exempt from all planning permits except a conditional or provisional use permits when required by the applicable zoning district.

g. Fences—R1 and R2 zoning districts. The following types of fences in the R1 and R2 zoning districts are exempt from zoning permit requirements. Allowed fence heights and locations are illustrated in Figure 36.06-1 (Fence and Wall Standards).

1. Interior lots. Fences up to three (3) feet in height when located within the required front yard, or up to six (6) feet in height located on rear or side property lines outside the required front yard, and entry features over front yard gates (e.g., open-latticed arbors and trellises) not exceeding eight (8) feet in height, three (3) feet in depth or five (5) feet in width, when located within the required front yard.

2. Corner lots.

(a) Fences up to three (3) feet in height within the required front yard and traffic safety visibility areas—front and side (or rear). The front traffic safety visibility area is formed by measuring thirty-five (35) feet from the intersection of the street side property line and the front property line of the corner parcel, along both property lines, and then connecting the two (2) points across the corner of the lot;

(b) Entry features over front yard gates (e.g., open-latticed arbors and trellises), not exceeding eight (8) feet in height, three (3) feet in depth or five (5) feet in width, when located within the required front yard but outside the traffic safety visibility areas; and

(c) Fences up to six (6) feet in height located on rear and side property lines outside the required front yard and traffic safety visibility areas, and at least five (5) feet from the street side property line. Further, fences over three (3) feet in height adjacent to the side street property line shall be set back where the side street fence approaches an adjacent lot's front yard in order to create a side (or rear) triangular traffic safety visibility area for the adjacent lot at the side (or rear) of the corner parcel. This triangle is formed by measuring ten (10) feet from the intersection of the street side property line of the corner parcel and the side property line of the adjacent parcel, along both property lines, and then connecting the two (2) points across the corner parcel. See Figure 36.06-1.

Figure 36.06-1 FENCE AND WALL STANDARDS (For Reference Only)

[Figure]

h. Electric vehicle charging stations. Electric vehicle charging stations are permitted in all zoning districts subject to Chapter 8 of the City Code.

i. Governmental activities. Activities of the city, state or an agency of the state or the federal government on land owned or leased by a governmental agency.

j. Irrigation. The installation of irrigation lines.

k. Interior remodeling. Interior alterations that do not result in an increase in the gross floor area within the structure, or a change in the permitted use of the structure.

l. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any change in the approved land use of the site or structure, or the addition to, enlargement or expansion of the structure, and if any exterior repairs employ the same materials and design as the original.

m. Retaining walls. Retaining walls (retaining earth only) that result in grade changes of eighteen (18) inches or less and are not required by Chapter 8 of the City Code to have a grading permit.

n. School facilities. Public school facilities, in compliance with Government Code § 53091, et seq., except where a site is proposed to be occupied exclusively by nonclassroom facilities.

o. Single- and two (2) family dwellings. The construction of four (4) or fewer single-family dwellings or two (2) duplexes and the remodeling of single-family or duplexes in the R1 and R2 zoning districts, provided that the proposed development is in compliance with all applicable provisions of this Chapter, except as provided in Sections 36.10.30 (Development Review Required, R1 Zone), 36.10.55 (Development Review Required, R2 Zone) and 36.10.80 (Development Review Required, R3 Zone).

p. Solar collectors. The addition of solar collection systems to the roofs of existing structures, provided that the collectors are located on the ground level and screened from ground-level public view or, if roof-mounted, are mounted at approximately the same angle as the roof. Solar collectors must comply with the height limitations of the zoning district in which they are located.

q. Spas, hot tubs and fish ponds. Spas, hot tubs, ponds, etc., that do not exceed one hundred twenty (120) square feet in total surface area, including related equipment, contain more than two thousand (2,000) gallons of water, or exceed three (3) feet in depth.

r. Utilities. The erection, construction, alteration or maintenance by a public utility, public agency or private company determined by the city to fulfill a public function of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc.), but not including occupiable or storage structures, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) having the potential of fifty thousand (50,000) volts or more shall be subject to council review and approval prior to acquisition of rights-of-way.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 3.17, § 3, 4/25/17; Ord. No. 20.19, § 3, 12/10/19; Ord. No. 11.20, § 2, 11/10/20; Ord. No. 4.22, § 2, 4/12/22; Ord. No. 4.2024, § 2, 4/23/24.)

A permitted land use that is exempt from a zoning permit, or has been granted a zoning permit, may still be required to obtain other permits before the use is constructed or otherwise established and put into operation. Nothing in this Chapter shall eliminate the need to obtain any permits, approvals or authorizations required by other provisions of the City Code, including, but not limited to, building, grading or other construction permits if they are required by Chapter 8, a business license if required by Chapter 18, hazardous materials storage permits if required by Chapter 24, subdivision approval if required by Chapter 28, or any other permit, approval or authorization required by a regional, state or federal agency. All necessary permits, approvals and authorizations shall be obtained before starting work or establishing new uses.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 4.2024, § 2, 4/23/24.)

Editor's note— Ord. No. 01.2024, § 3, adopted Jan. 23, 2024, repealed §§ 36.06.56—36.06.59, which pertained to marijuana and derived from Ord. No. 14.16, § 1, adopted Nov. 1, 2016.