19.30 (Parking and Loading) to have more off-street parking spaces than the former use;…

operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

J.

Definitions, "J."

Junior Accessory Dwelling Unit. See Section 19.34.031.

Junk Yard. See "Recycling - Scrap and Dismantling Yards."

K.

Definitions, "K."

Kennel. A commercial facility providing boarding services for domestic animals.

Kitchen. A room or space within a building intended to be used for the cooking or preparation of food.

Knoll. See "Ridgeline."

L.

Definitions, "L."

Land Use Permit. Authority granted by the City to use a specified site for a particular purpose, including Use Permits, Temporary Use Permits, Planned Development Permits, Variances, Zoning Clearances, as established by Article 4 (Land Use and Development Permit Procedures) of this Zoning Ordinance.

Landscaping. The planting and maintaining of an area with predominantly native or exotic plant materials including lawn, groundcover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements (for example, pools, fountains, paved or decorated surfaces, but excluding driveways, parking, loading, or storage areas).

Large Family Day Care Home. See "Child Day Care Facilities."

Large Item Retail. Stores selling large substantial items of merchandise, goods or articles directly to the consumer. These stores and lines of merchandise include, but is not limited to:

building materials

equipment sales

furniture stores, furnishing and appliance stores

Lattice Tower. A structure with three or four steel support legs that supports a variety of antennae. These towers generally range in height from 60 to 200 feet and are constructed in areas where increased height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design.

Laundries and Dry Cleaning Plants. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen

supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment; see "Personal Services."

Leather, Fur Products. See "Textile and Leather Products Manufacturing."

Libraries and Museums. Public or quasi-public facilities including aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are typically non-commercial, other than an accessory gift/book shop.

License. A basic permit issued by a licensing agency to operate a residential care facility for the elderly.

Licensing Agency. A state, county or other public agency authorized by the State Department of Social Services to assume specified licensing, approval or consultation responsibilities in compliance with Health and Safety Code Section 1569.13.

Life Care/Continuing Care Retirement Communities. See "Residential Care Facilities for the Elderly."

Life Care Contract. A contract to provide to a person for the duration of his or her life, or for a term in excess of one year, nursing services, medical services, or health related services, board and lodging and care as necessary, or any combination of such services, for the person, in a residential care facility for the elderly.

Live/Work Facilities. An integrated housing unit and working space, occupied and utilized by a single household in a commercial or industrial structure which has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

Complete kitchen space and sanitary facilities in compliance with the City building code; and

Working space reserved for and regularly used by one or more occupants of the unit.

Livestock Operations.

Grazing. This land use consists of the raising or keeping of cattle, or other animals of similar size, on a site larger than 20 acres, where feed is provided primarily by grazing when on-site resources are available.

Large Animals. This land use consists of the raising or keeping of cattle, goats, ostriches, sheep, swine, or other farm or exotic animals of similar size, in corrals or other similar enclosures. Does not include the grazing or pasturing of large animals on open rangeland (see "Grazing" above). See also, "Dairy Farming."

Small Animals. This land use consists of the raising or keeping of more than 12 fowl of any kind and/or 12 rabbits or similar animals. Does not include hog raising, dairying or the raising or keeping for commercial purposes of cattle, horses, or similar livestock, as determined by the Director; see "Large Animals" above.

Lot, or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Zoning Ordinance. Types of lots include the following. See Figure 6-2 (Lot Types).

Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

Interior Lot. A lot abutting only one street.

Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.

Reverse Corner Lot. A corner lot, the rear of which abuts a key lot.

Through Lot. A lot with frontage on two generally parallel streets.

Lot Area, Gross. Gross lot area is the total area included within the lot lines of a lot, exclusive of existing adjacent dedicated street rights-of-way.

Lot Area, Net. The portion of a parcel that is:

Not subject to any easement or included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or

Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures.

Except as provided above, portions of a parcel dedicated to a highway easement or any other private or public easement shall not be counted as part of the net area.

Lot Coverage. See "Site Coverage."

Lot Depth. The average linear distance measured perpendicular between the front and the rear lot lines or the distance to the intersection of the two side lot lines if there is no rear line, not including access easements. The

lot depth shall be measured using the average length of imaginary lines spaced at 10-foot intervals perpendicular along the front lot line where each line meets the rear lot line. See Figure 6-3 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

Lot Frontage. The boundary of a lot adjacent to a public or private (access easement) street right-of-way.

Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 6-3 (Lot Features)):

Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

Interior Lot Line. Any lot line not abutting a street.

Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

Side Lot Line. Any lot line that is not a front or rear lot line.

Lot Width. The linear distance measured between the side lot lines, at right angles to the lot depth at a point midway between the front and rear lot lines, not including access easements. See Figure 6-3 (Lot Features). The Director shall determine lot width for parcels of irregular shape.

Low Barrier Navigation Center. Shall have the same meaning as set forth in Section 65660 of California Government Code.

M.

Definitions, "M."

Manufactured Home. A transportable structure which in the traveling mode is 8 feet or more in width and 40 feet or more in length and is a minimum of 320 square feet in floor area and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation. For the purpose of this section, manufactured home has the same meaning as Section 18007 of the Health and Safety Code.

Map Act. See "Subdivision Map Act."

Marinas, Docks and Piers. Facilities for storing, servicing, fueling, berthing and securing and launching of private pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests.

Massage. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the exterior of the body with the hands or with the aid of any mechanical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, creams, lotion, ointment, or other similar preparations commonly used in this practice.

Massage Establishments:

Massage Establishment. Any establishment, having a fixed place of business, where five or more persons engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, for any form of consideration whatsoever, "massage" as defined herein. Any establishment engaging in any combination of massage, bath facilities, including but not limited to showers, baths, hot tubs, saunas, or other dry or wet heat rooms, and personal services as defined in section 19.60.020, shall be deemed a massage establishment.

Massage Establishment - Small. Any establishment having a fixed place of business, where four or fewer persons engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, for any form of consideration whatsoever, "massage" as defined herein. Any establishment engaging in any combination of massage, bath facilities, including but not limited to showers, baths, hot tubs, saunas, or other dry or wet heat rooms, and personal services as defined in section 19.60.020, where four or fewer persons perform massage shall be deemed a massage establishment - small.

A group of establishments having the same fixed place of business, even if issued multiple permits or licenses, shall be deemed one massage establishment for purposes of determining whether such establishment is a massage establishment or a massage establishment - small.

Massage establishment and massage establishment small do not include:

(1)

Skilled nursing facilities and medical services where massage is performed only by currently licensed physicians, surgeons, chiropractors, osteopaths, physical therapists, or nurses and any persons acting under the direction and control of any of the aforementioned licensed professionals on the premises of the skilled nursing facility or medical services establishment;

(2)

Barber and beauty shops where massage is performed only by licensed cosmetologists and is limited to the head, neck, scalp, feet and legs below the knees;

(3)

Schools and athletic training facilities where massage is performed only by coaches, and trainers of any amateur or professional athlete or athletic team when such practice of massage is limited to such athlete or team.

Master Plan. A Master Plan is a set of documents setting forth a development proposal for a specific area of land. A Master Plan implements the applicable goals, objectives, policies, and programs of the Novato General Plan and any relevant specific plan. A Master Plan consists of written and graphic materials and can be a separate, standalone document, or it can be done in combination or concurrently with a Precise Development Plan or a Precise Development Plan and Subdivision Map and/or Use Permit. Adoption of a Master Plan is a rezoning to a planned district (PD) and zoning text amendment.

MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, as the same may be amended from time to time.

Medical cannabis or medicinal cannabis. Cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act ("CUA," Health and Safety Code section 11362.7 et seq.), the Medical Marijuana Program Act ("MMPA," Health and Safety Code section 11362.7 et seq.), and the Medicinal Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA).

Medical Services - Clinics, Offices, and Laboratories. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

acupuncture

chiropractic

health management organizations (HMOs)

medical, and dental laboratories

medical, dental, optometry and psychiatric offices

out-patient care facilities

other allied health services

physical therapy

Counseling services by other than medical doctors or psychiatrists are included under "Offices."

Medical Services - Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities; and adult day health centers. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Homes."

Medical Services - Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail and service uses and emergency heliports (see the separate definition of "Accessory Retail and Service Uses").

Metal Products Fabrication, Machine and Welding Shops. Establishments engaged primarily in the assembly of metal parts, including the following uses that produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

blacksmith and welding shops

sheet metal shops

machine shops and boiler shops

Microbrewery. A facility where beer brewed on the premises is sold for on-site consumption.

Microcell. A wireless communication facility that:

Contains a maximum of four whip or panel antennae. Each whip antenna does not exceed four inches in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area;

Contains a maximum of one microwave antenna no larger than 10 square feet in surface area;

Has an array of antennae less than 10 feet in height;

Is roof- or structure-mounted or, if within the public right-of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree); and

Has a total height, if roof- or structure-mounted, that does not exceed the maximum height allowed in the zoning district in which the facility is located.

Mixed-Use Project. A project which combines both commercial and residential uses, where the residential component is typically located above the commercial.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over 8 feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory- built housing. A mobile home on a permanent foundation is included under the definition of "Single-Family Dwellings."

Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Mobile Home, RV, Motorcycle and Boat Sales. Retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motorcycles, motor homes, and travel trailers. May also include repair, maintenance, and wholesale/retail sales of parts and accessories that are incidental to sale and servicing of mobile homes, recreational vehicles, and boats.

Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

Mounted. Attached or supported.

Multi-Family Dwellings. A building or a portion of a building used and/or designed as residences for three or more families living independently of each other in the same structure. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing; see also "Common Interest Developments."

N.

Definitions, "N."

Nature Preserves. Sites with environmental resources intended to be preserved in their natural state.

Negative Declaration. A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

Night Clubs and Bars. Businesses where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing,

comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses.

Noise Disturbance. Any sound which, because of its loudness (amplitude), duration or character, disturbs, injures, or endangers the public comfort, health, peace, or safety within the limits of the City.

Noncommercial. Not involving the buying or selling of goods and services (commerce).

Nonconforming Parcel. A parcel that was legally created prior to the adoption of this Zoning Ordinance and which does not conform to current Code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

Nonconforming Sign. A sign which lawfully existed prior to the effective date of this Zoning Ordinance, or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.

Nonconforming Structure. A structure that was legally constructed prior to the adoption of this Zoning Ordinance and which does not conform to current Code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.

Nonconforming Use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Zoning Ordinance and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located.

Nursing Home. See "Skilled Nursing Facilities."

O.

Definitions, "O."

Occupancy. All or a portion of a structure occupied by one tenant.

On-site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

Offices. This Zoning Ordinance distinguishes between the following types of office facilities. These do not include: medical offices (see "Medical Services - Clinics and Laboratories"); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.

Administrative/Business. Establishments providing direct services to consumers, such as insurance agencies, real estate offices, utility company offices, etc.

Government. City, and other local, state, and federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers, which are under "Truck and Freight Terminals."

Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:

advertising agencies

architectural, engineering, planning and surveying services

computer software production and programming services

educational, scientific and research organizations

media postproduction services

photography and commercial art studios

writers and artists offices

Professional. Professional offices including:

accounting, auditing and bookkeeping services

attorneys

counseling services

court reporting services

data processing services

detective agencies and similar services

employment, stenographic, secretarial and word processing services

literary and talent agencies

management and public relations services

Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

Off-site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

100-Year Flood. The maximum quantity of water predicted to occur within a watershed or drainage basin on an average of once every 100 years (i.e., a one percent annual recurrence rate). The City Engineer shall determine the extent of the 100-year base flood based on information from the U.S. Army Corps of Engineers, the Federal Emergency Management Agency (FEMA), the Federal Flood Insurance Rate Maps (FIRMs), and/or other site specific hydrological studies, as determined by the City Engineer to be appropriate.

Open Fencing. A barrier constructed of material which is transparent, such as glass, plastic panels or wrought iron, used in conjunction with recreation and seating areas.

Organizational Houses. Residential lodging houses operated by membership organizations for their members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

Outdoor cannabis cultivation. Cultivation of cannabis in any area, place or location that is not inside a private residence or a Fully Enclosed and Secure Structure.

Outdoor Displays Retail Sales. Temporary or permanent displays not conducted entirely within a structure. Temporary outdoor retail displays include farmer's markets, seasonal sales of Christmas trees, pumpkins or other seasonal items, sales of art or handcrafted items in conjunction with community festivals or art shows, and sidewalk or parking lot sales.

Outdoor Recreation Facilities - Active. Facilities for various outdoor participant sports and types of recreation, including:

amphitheaters

amusement and theme parks

archery & shooting ranges - outdoor

batting cages

go-cart tracks

golf driving ranges

lighted or amplified outdoor athletic fields, swimming pools, tennis, running tracks and sport court facilities

miniature golf courses

paintball ranges

stadiums and coliseums

water slides

zoos

May also include accessory commercial facilities customarily associated with the above outdoor commercial recreational uses, including concessions, bars and restaurants, video game arcades, etc. Does not include parks and playgrounds (non-lighted athletic fields, running tracks, tennis, pools or sport courts) which are separately defined.

Outdoor Recreation Facilities - Passive. Facilities accommodating and supporting passive recreational activities including:

fitness training paths and equipment

interpretive facilities (kiosks, signs or accessory structures)

non-motorized boating and access facilities

overlooks

picnic facilities (tables, barbeques, fire pits, waste collection etc.)

restrooms

small-scale fishing and viewing docks

trails and trail heads

Outdoor Retail Sales and Activities. Permanent outdoor sales and rental establishments including lumber and other material sales yards, newsstands, merchandise display, dining and seating areas, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure.

Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:

Christmas trees, pumpkins or the sale of other seasonal items

farmers' markets

semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows

sidewalk or parking lot sales longer than one weekend or occurring more than once in a 90-day period

retail sales from individual vehicles in temporary locations outside the public right-of-way

P.

Definitions, "P."

Parcel. See "Lot, or Parcel."

Parking Facilities. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Ordinance.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "Recycling Facilities - Scrap and Dismantling Yards"), or establishments offering longer-term vehicle storage services (see "Vehicle Storage").

to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Ordinance.) Includes sites where vehicles are stored for rental or leasing. Does not include dismantling yards (classified in "Recycling Facilities - Scrap and Dismantling Yards"), or establishments offering longer-term vehicle storage services (see "Vehicle Storage").

Parks and Playgrounds. Public outdoor use areas including: picnic areas, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts, skate areas, sport courts, swimming pools and accessory uses (i.e. restrooms, showers, etc.). If privately-owned, the same facilities are included under the definition of "Private Residential Recreation Facilities." This use does not include lighted or amplified outdoor athletic fields, swimming pools, tennis courts, running tracks or sport courts which are

defined as Outdoor Recreation Facilities - Active. This use also does not include Health/Fitness Facilities, Golf Courses or Country Clubs, Indoor Amusement/Entertainment Facilities or Outdoor Recreation Facilities Active or Passive, which are defined separately.

Passive Outdoor Recreation. See "Outdoor Recreation Facilities - Passive."

Pawn Shops. Indoor retail establishments that accept personal property as collateral for loans, and offer the property for sale to the public.

Pedestrian Orientation. Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including but not limited to:

Street furniture;

Design amenities related to the street level such as awnings, paseos, arcades;

Visibility into buildings at the street level;

Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing;

Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

Signage oriented and scaled to the pedestrian rather than the motorist; and

Landscaping.

Pedestrian Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.

Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Person. Any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal Communication Services. A digital wireless communications technology with the capacity for multiple communication services, and which provides a system for the routing of calls to individuals rather than places, regardless of location.

Personal cultivation of cannabis. Cannabis cultivation conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this Code and state law, including but not limited to Health and Safety Code Sections 11362.1 and 11362.2, as may be amended. Personal cultivation also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Health and Safety Code Sections 11362.7 and 11362.765, as may be amended. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

Personal Services. Establishments providing non-medical services as a primary use, including:

barber and beauty shops

clothing rental

dry cleaning pick-up stores with limited equipment

home electronics and small appliance repair

laundromats (self-service laundries)

nail salons

shoe repair shops

spas

tailors

tanning salons

These uses may also include accessory retail sales of products related to the services provided.

Planning Commission. The City of Novato Planning Commission, appointed by the Novato City Council in compliance with Government Code Section 65101, referred to throughout this Zoning Ordinance as the "Commission."

Plant Nurseries and Garden Supply Stores. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under "General Retail Stores." Home greenhouses are included under "Accessory Residential Uses and Structures."

Precise Development Plan. A Precise Development Plan (PDP) is a document which contains the final development standards for all or a part of a land area for which either an approved Master Plan is in effect or a Master Plan is proposed in combination with the Precise Development Plan as a combined plan.

Primary caregiver. As set forth in Health and Safety Code section 11362.7, as amended from time to time.

Primary Structure. A structure that accommodates the primary use of the site.

Primary Use. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur.

Primary Zoning District. The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.

Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition of "Business Support Services."

Private Residential Recreation Facilities. Privately-owned, non-commercial outdoor recreation facilities provided for members or project/neighborhood residents, including athletic fields, tennis courts, skate areas, sport courts, swimming pools and accessory uses. Does not include golf courses and country clubs, Health/Fitness Facilities, Indoor Amusement/Entertainment Facilities or Outdoor Recreation Facilities - Active which are separately defined. This use does not include lighted or amplified outdoor athletic fields, tennis courts, skate areas, sport courts, swimming pools which are defined separately as Outdoor Recreation Facilities - Active.

Private Wireless Communication Facility. A wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).

Project. Proposed development or a new land use.

Property Line. The recorded boundary of a parcel of land.

Proposed Project. A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

Public Safety Facilities. Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

Public Transit Facility. See Section 19.34.030.

Public Utility Facilities. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

corporation and maintenance yards

electrical substations and switching stations

natural gas regulating and distribution facilities

public water system wells, treatment plants and storage

telephone switching facilities

wastewater treatment plants, settling ponds and disposal fields

These uses do not include office or customer service centers (classified in "Offices").

Public Wireless Communication Facility. A wireless communication facility that has been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).

Q.

Definitions, "Q."

Qualifying patient or qualified patient. As set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time.

Quarry Materials Storage and Processing. Manufacturing facilities for the sorting, grading, and storage of aggregates as construction materials; includes concrete batch plants. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores."

R.

Definitions, "R."

Radio-Frequency Radiation. Electromagnetic radiation in the portion of the spectrum from three kilohertz to 300 gigahertz.

Real Estate Offices. Establishments providing direct services to consumers in the purchase or sale of real estate.

Reasonable Accommodation. Providing disabled persons flexibility or removal of constraints in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking areas or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would impose an undue financial or administrative burden on the City, or require a fundamental alteration in the nature of the City's land use and zoning program.

Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

Contains 400 square feet or less of gross area measured at maximum horizontal projections;

Is built on a single chassis; and

Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

Recreational Vehicle Park. A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. May include accessory retail uses where they are clearly incidental and intended to serve RV park patrons only.

Recycling Facilities. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

a.

Reverse vending machine(s);

b.

Small collection facilities which occupy an area of 350 square feet or less and may include:

(1)

A mobile unit;

(2)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and

(3)

Kiosk-type units which may include permanent structures.

c.

Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.

Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re-manufacturing and shredding. Processing facilities include the following types, both of which are included under the definition of "Scrap and Dismantling Yards," below:

a.

Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

b.

A heavy processing facility is any processing facility other than a light processing facility.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See "Collection Facility" above.

Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.

Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

Scrap and Dismantling Yards. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental wholesale or retail sales of parts from those vehicles. Includes light and heavy processing facilities for recycling (see the definitions above). Does not include: places where these activities are conducted entirely within buildings; the sale of operative used cars; or landfills or other waste disposal sites.

Religious Facilities. Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the religious facility itself. May also include fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including as full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities.

Resale Controls. Legal provisions by which the sale of affordable units will be controlled to insure that the unit is affordable by very low or low income households over time.

Research and Development (R&D). Facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinics and Labs").

Residential Care Facility for the Elderly (RCFE), 6 or fewer persons. Pursuant to Health and Safety Code section 1569.2, this land use is a housing arrangement in a family dwelling chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in an RCFE.

rily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in an RCFE.

Residential Care Facility for the Elderly (RCFE), 7 or more persons. Pursuant to Health and Safety Code section 1569.2, this land use is a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in an RCFE.

Residential Care Home. A dwelling unit licensed or supervised by any Federal, State, or local health/welfare agency which provides 24-hour nonmedical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment.

Residential District or Zone. Any of the residential zoning districts established by Section 19.04.020 (Zoning Districts Established).

Residential Project. A housing development at one location including all units for which permits have been applied for or approved within a 12-month period, intended and designed for permanent occupancy, including but not limited to single-family dwellings, duplexes, triplexes, fourplexes, apartments, multiple-dwelling structures, or group of dwellings, condominium development, townhouse development, cooperative, or land division.

Restaurant. A retail business selling ready-to-eat food for on- or off-premise consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off- premise consumption, and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses.

Restoration Design and Management Guidelines for the Novato Watershed. The City's adopted design criteria for restoration of wetlands and stream channels.

Review Authority. The individual or official City body (the Community Development Director, Planning Commission, or City Council) identified by this Zoning Ordinance as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 5 (Zoning Ordinance Administration).

Ridgeline. The highest 5-foot contour elevation of a landform including any locations which, when viewed from a public street within one-eight (1/8) mile of the subject site, no earth backdrop for a structure placed thereon is afforded by the subject or contiguous property. Scenic ridgelines are delineated in the Novato General Plan EN Map 3.

Riparian Buffer Zone. An upland area adjacent to the riparian vegetation zone.

Riparian Habitat. Vegetation occurring along the bank of a freshwater waterway (e.g., a river, stream, or creek) that provides for a high density, diversity, and productivity of plant and animal species.

Roadside Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales, which are included under "Farm Equipment and Supplies"), located on the site or in the area of the property where the products being sold were grown. Does not include field sales or agricultural products, which is included under "Crop Production and Horticulture."

Rooming and Boarding Houses. The renting of individual rooms within a dwelling to two or more unrelated people, whether or not meals are provided.

Runoff. Water from rain, or agricultural or landscape irrigation that flows over the land surface.

S.

Definitions, "S."

SB 9 Dwelling Unit. See Section 19.34.029

Schools. Public and private educational institutions, including:

boarding schools

business, secretarial, and vocational schools

community colleges, colleges and universities

elementary, middle, and junior high schools

establishments providing courses by mail

high schools

military academies

professional schools (law, medicine, etc.)

seminaries/religious ministry training facilities

Also includes specialized schools offering instruction in the following:

art

ballet and other dance

computers and electronics

drama

driver education

language

music

Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Child Day Care Facilities"). See also the definition of "Studios - Art, Dance, Music, Photography, etc." for smaller-scale facilities offering specialized instruction.

Section 404 or Section 10 Permit. The permits issued by U.S. Army Corps of Engineers (Corps) establishing wetlands delineations and conditions governing activities therein.

Senate Bill 9 (SB 9) Development. See Section 19.34.029

Senior Continuum of Care Complex. See "Life Care Facility" as defined in "Residential Care Facility for the Elderly."

Senior Citizen. An adult 60 years or older.

Setback. The distance by which the wall of a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets (access easements) are measured from the edge of the easement to the wall of the structure. See also "Yard." Figure 6-4 (Setbacks) shows the location of front, side, street side and rear setbacks.

Shopping Center. A unified, primarily retail, commercial development occupied by a group of two or more separate businesses occupying substantially separate divisions of a building or buildings fronting on a privately-owned common mall or parking lot rather than a public street.

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide information in the nature of advertising, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs include the following.

Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.

Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

Awning Sign. A sign copy or logo attached to or painted on an awning.

Banner, Flag, or Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

Bench Sign. Copy painted on a portion of a bench.

Business Identification Sign. A sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

Cabinet Sign (Can Sign). A sign which contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be internally illuminated.

Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

Contractor or Construction Sign. A sign which states the name of the developer and contractor(s) working on the site and related engineering, architectural or financial firms involved with the project.

Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

Directory Sign. A sign for listing the tenants and their suite numbers of a multiple tenant structure or center.

Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and/or opposite parallel planes.

Electronic Reader Board Sign. A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays.

Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

Future Tenant Identification Sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

Garage Sale Sign. A sign with a message advertising the resale of personal property that has been used by the resident.

Grand Opening. A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. "Grand Opening" does not mean an annual or occasional promotion of retail sales by a business.

Ground Mounted Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole or device, erected primarily to support the sign. Includes monument signs and pole signs.

Holiday Decoration Sign. Temporary seasonal signs, in the nature of decorations, clearly incidental to and customarily associated with nationally recognized holidays and which contain no advertising message.

Illegal Sign. An illegal sign is any sign:

a.

Erected without first complying with all regulations in effect at the time of its construction or use;

b.

That was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days;

c.

That was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished;

d.

That was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;

e.

That is a danger to the public or is unsafe;

f.

Which is a traffic hazard not created by relocation of streets or highways or by acts of the Town; or

g.

That pertains to a specific event, and five days have elapsed since the occurrence of the event.

Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from some distance.

Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.

Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

Monument Sign. An independent, freestanding structure supported on the ground having a solid base as opposed to being supported by poles or open braces.

Multi-Tenant Sign. An identification sign for a commercial site with multiple tenants, displaying the names of each tenant on the site.

Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Development Code, but does not now completely comply with current regulations.

Obscene Sign. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to prurient interest and as a while depicts or describes in a patently offensive way sexual

conduct which lacks serious literary, artistic, political or scientific value.

Off-site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

Off-site Sign. A sign identifying a use, facility, service, or product which is not located, sold, or manufactured on the same premise as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premise, does not constitute the principal item for sale or manufactured on the premise.

Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Political Sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

Pole/Pylon Sign. An elevated freestanding sign, typically supported by one or two poles or columns.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.

Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof.

Special Event Sign/Banner. A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).

Temporary Sign. A sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

Under Marquee Sign. A sign suspended from a marquee or canopy.

Vehicle Sign. A sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

Wall Sign. A sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign which faces a window exposed to public view and is located within three feet of the window.

Sign Area. The entire area within a perimeter defined by a continuous line composed of right angles using no more than four lines which enclose the extreme limits of lettering, logo, trademark, or other graphic representation.

Sign Height. The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below the sign, including its base or the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

Single-Family Dwelling. A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

Single-Room Occupancy (SRO) Facility. A multi-family residential building that contains at least two single- room occupancy units, common (vs. private) gathering or open space areas, laundry facilities, a management office, and ancillary facilities necessary to maintain an SRO facility. Sanitation facilities and cooking and eating facilities shall also be provided if each SRO unit does not contain full sanitation and cooking and eating facilities.

Single-Room Occupancy (SRO) Dwelling Unit. A residential dwelling unit located in an SRO Facility that has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. Each SRO dwelling unit shall contain a closet, and a partial or full bathroom sanitation facility. A partial bathroom shall have at least a toilet and a sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. A

partial or full kitchen facility may be contained in each unit. An SRO dwelling unit shall accommodate a maximum of two persons.

Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

Site Coverage. The percentage of total site area occupied by structures. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks 18" above grade, porches, and stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. See Figure 6-6 (Site Coverage).

structures. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks 18" above grade, porches, and stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. See Figure 6-6 (Site Coverage).

Skilled Nursing Facility (SNF). Also known as convalescent hospitals or nursing homes, these are facilities licensed by the California State Department of Health Services. These facilities house one or more individuals in a single room with a half-bath and provide intensive medical and nursing care, including 24-hour availability of licensed nursing personnel. Residents are often convalescing from serious illness or surgery and require continuous observation and medical supervision, or will reside in the facility as a long-term resident. Does not include residential care facilities.

Slope. See "Average Slope."

Small Family Day Care Homes. See "Child Day Care Facilities."

Stealth Facility. A communications facility that is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as concealed antenna.

Storage - Indoor. The storage of various materials entirely within a structure, as the primary use of the structure. Includes personal storage facilities (mini-storage), which are structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

Storage - Outdoor. The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it or if there is not floor above it, then the space between the floor and the ceiling next above it, as measured from any point on finished grade.

Stream Bank. The land at the edge of the stream bed.

Stream Bed. The bottom surface of a stream or watercourse up to the ordinary high water line.

Stream Management Plan (SMP). A comprehensive plan for the long-term preservation, protection, enhancement, restoration and maintenance of the stream protection zone. The plan may require revegetation, removal of exotic, invasive vegetation, flood improvements, stream bank and stream bed stabilization, erosion control, urban runoff controls, public access, recreation, and aesthetic improvements. The plan shall define responsibility, management practices and funding mechanism for long-term maintenance and management of the stream and adjacent riparian and buffer zones. The Stream Protection and Management Plan must address the need for flood management, water quality and erosion control measures, management of in-stream and riparian vegetation to maintain hydraulic capacity, prevent fire hazards; and may include maintenance of trails, pathways, and maintenance roads.

Stream Protection Zone. A strip of land, which includes the stream bed, stream banks, all riparian vegetation and an upland buffer area extending a minimum of 50-feet from the top of bank or greater as defined by site specific studies.

Street. A public thoroughfare accepted by the City, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, road, and any other thoroughfare except an alley, highway, or freeway (i.e., Hwy. 37 & US 101), as defined in this Subsection.

Street Line. The boundary between a street right-of-way and property.

Structural Measures. With respect to flood protection, the construction of walls, dikes, channels, pumps, culverts, basins, or other devices or structures to transport of hold flood waters or to protect property from the effects of flooding.

Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Zoning Ordinance, the term "structure" includes "buildings."

Structure, Primary. See "Primary Structure."

Studios for Art, Dance, Music, Photography, Etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of "Schools - Specialized education and training." These include facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment.

Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Marin County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section

1315: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

Supportive Housing. Shall have the same meaning as set forth in Section 65582(g) of California Government Code or Section 65650 of California Government Code.

T.

Definitions, "T."

Tandem Parking. See Section 19.34.030.

Tattoo Parlor. Any business establishment specializing in the application of tattoos, body piercing, or any other form of skin art applied to human beings, including the sale of accessories and products associated with the aforementioned activities.

Temporary Structure. A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Temporary Use. A use of land that is designed, operated and occupies a site for a limited period of time, typically less than 12 months.

Theaters and Auditoriums. Indoor facilities for public assembly and group entertainment, other than sporting events, including:

civic theaters, and facilities for "live" theater and concerts

exhibition and convention halls

motion picture theaters

public and semi-public auditoriums

similar public assembly uses

Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see "Sport Facilities and Outdoor Public Assembly."

Tobacco Paraphernalia. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.

Tobacco Products. Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

Tobacco Product Shops. A business that either devotes 20 percent or more of floor area or display area to, or derives 75 percent or more gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia.

Transitional Housing. Transitional Housing has the same meaning as defined in Section 65582 of the California Government Code.

Travel Agency. An establishment providing direct services to consumers in making travel arrangements, including the booking of airline tickets, tours and hotel rooms. A travel agency may offer check cashing services as an accessory use (see the separate definition of "Check Cashing Service" and "Accessory Use").

Treatment Wetlands. Wetlands designed to process gray water, effluents and/or other human byproducts.

Truck and Freight Terminals. This land use consists of transportation establishments furnishing services incidental to air, motor freight, and rail transportation including:

freight forwarding services

freight terminal facilities

joint terminal and service facilities

packing, crating, inspection and weighing services

postal service bulk mailing distribution centers

transportation arrangement services

trucking facilities, including transfer and storage

Two-Family Dwellings. Duplexes and other free-standing structures designed and constructed to contain two independent dwelling units.

U.

Definitions, "U."

Unit. See "Housing Unit."

Unit within a Residential Care Facility for the Elderly. Floor space comprised of a living and sleeping room or rooms, storage closets and bathing and toilet facilities.

Upholstering Shop. An establishment engaged in the craft of upholstering, including the repair and replacement of furniture and auto seat coverings.

Urban Lot Split. See Section 9-5.023 of Chapter IX (Land Subdivision).

Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Use, Primary. See "Primary Use."

Utility Facilities. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

corporation and maintenance yards

electrical substations and switching stations

natural gas regulating and distribution facilities

public water system wells, treatment plants and storage

telephone switching facilities

wastewater treatment plants, settling ponds and disposal fields

These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards.

Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices"), or distribution substations (see "Utility Facilities").

V.

Definitions, "V."

Variance. A discretionary entitlement that may waive or relax the development standards of this Zoning Ordinance, in compliance with 19.42.070 (Variances).

Vehicle Storage. Service establishments in the business of storing operative and/or inoperative cars, trucks, buses, recreational vehicles, and other motor vehicles. Includes tow yards, RV, and boat storage as well as fleet parking or similar uses associated with otherwise permitted uses in the underlying zoning district.

Very Low and Low Income Levels. Those determined periodically for Marin County by the U.S. Department of Housing and Urban Development based on the San Francisco Primary Metropolitan Statistical Area (PMSA) median income levels by household size as published by the Marin County Housing Authority:

Low Income - 50 to 80 percent of the PMSA median without supplementation; and

Very Low Income - Under 50 percent of the PMSA median without supplementation.

Veterinary Clinics, Animal Hospitals, Kennels. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops.

Voluntary. Resulting from free will.

W.

Definitions, "W."

Warehouse Retail. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees.

Warehouses, Wholesaling and Distribution. These facilities include:

Warehouses. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see "Storage, Personal Storage Facilities"); warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution"); or terminal facilities for handling freight (see "Vehicle and Freight Terminals").

Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as:

agents, merchandise or commodity brokers, and commission merchants

assemblers, buyers and associations engaged in the cooperative marketing of farm products

merchant wholesalers

stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment.

Wetlands Buffer. The required setback area surrounding the edge of the wetland intended to protect the habitat and resource value of the wetland and the watershed area needed to support the wetland.

Wetland Delineation. The U.S. Army Corps of Engineers (ACE) determination of the extent of a wetlands that fall under federal jurisdiction in accordance with the Clean Water Act.

Wetlands Management Plan. A plan prepared by a qualified wetlands expert setting forth the requirements for development within or near a wetlands.

Wireless Communication Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections (see "utility infrastructure").

X.

Definitions, "X."

No specialized terms beginning with the letter "X" are used at this time.

Y.

Definitions, "Y."

Yard. An area between a lot line and the nearest line of the required setback for the main building, unobstructed and unoccupied from the ground upward, except for projections permitted by this Zoning Ordinance. See Section 19.20.100 (Setback Measurement and Exceptions) and Figure 6-4 (Setbacks).

Front Yard. An area extending the full width of a lot between the side property lines and lying between the front property line of a lot and the line delineating the required front setback for the main building.

Rear Yard. An area extending the full width of a lot between the side property lines and lying between the rear property line and the line delineating the required rear setback for the main building. In cases where an access easement extends through a rear yard, the rear yard setback shall be measured from the edge of the access easement closest to the center of the property.

Side Yard. An area extending from the front yard setback to the rear yard setback line between the side property line delineating the required setback for the main building. In cases where an access easement extends through a side yard, the required side yard setback shall be measured from the edge of the access easement closest to the center of the property.

Z.

Definitions, "Z."

Zero Lot Line. The location of a building on a lot in a manner that one or more building edges rest directly on a lot line.

Zoning Clearance. A ministerial issued by the Department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this Zoning Ordinance.

Zoning District. Any of the residential, commercial, public, or overlay districts established by Article 2 of this Zoning Ordinance (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

Zoning Ordinance. The Novato Zoning Ordinance, Chapter 19 of the Novato Municipal Code, referred to herein as "this Zoning Ordinance."

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1587, § 10(Exh. J), 12-3-2013; Ord. No. 1592, §§ 3— 5(Exh. A), 4-15-2014; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1611, §§ 8—10, 11-29-2016; Ord. No. 1637, § 3(Exh. A), 2-27-2018; Ord. No. 1643, § 4, 10-9-2018; Ord. No. 1656, § V, 11-12-2019; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1693, § 4(Exh. A), 11-15-2022; Ord. No. 1715, Exh. A, 4-19-2024; Ord. No. 1718, § 3(Exhs. B—D), 9-10-2024; Ord. No. 1723, § 3(Exhs. A, B), 3-25-2025; Ord. No. 1725, § 5(Exh. A), 7-22-2025)