Article 2 — ZONING DISTRICTS, ALLOWABLE LAND USES, AND ZONE-SPECIFIC STANDARDS

ARTICLE 2. - ZONING DISTRICTS, ALLOWABLE LAND USES, AND ZONE-SPECIFIC STANDARDS DIVISION 19.04 - ESTABLISHMENT OF ZONING DISTRICTS, ADOPTION OF ZONING MAP

This Division establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and establishes general permit requirements for development and new land uses.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The City of Novato shall be divided into zoning districts which implement the Novato General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the official Zoning Map.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The Council hereby adopts the City of Novato Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Ordinance by reference as though it were fully included here. The boundaries of the zoning districts established by Section 19.04.020 (Zoning Districts Established) shall be shown upon the Zoning Map.

TABLE 2-1

ZONING DISTRICTS

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1587, § 2(Exh. B) 12-3-2013)

DIVISION 19.06 - DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

This Division provides general requirements for the approval of proposed development and new land uses in the City. The land use permit requirements established by this Zoning Ordinance for specific land uses are in Divisions 19.08 through 19.16, and in Article 3.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:

A.

Allowable Use. The use of land shall be identified by Divisions 19.08 (Agricultural and Resource Zoning Districts), 19.10 (Residential Zoning Districts), 19.12 (Commercial/Industrial Zoning Districts), 19.14 (Special Purpose Zoning Districts), or 19.16 (Overlay Zoning Districts) as being allowable in the zoning district applied to the site. A determination of whether a particular land use is allowable shall be made in compliance with Section 19.02.020.F (Rules of Interpretation - Allowable Uses of Land).

In the case of a site subject to an approved Master Plan, the land use requirements of the Master Plan shall be considered an amendment to this Zoning Ordinance. If the approved Master Plan or Precise Development Plan is silent, the requirements of the most comparable zoning district shall apply, as determined by the Director.

B.

Permit/Approval Requirements. Any land use permit or other approval required by Section 19.06.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 19.06.040 (Exemptions from Land Use Permit Requirements).

C.

Development Standards. The use of land and/or structure shall comply with all applicable requirements of this Zoning Ordinance, including the zoning district standards of this Article, and the provisions of Article 3 (Site Planning and General Development Standards).

In the case of a site subject to an approved Master Plan or Precise Development Plan, the land use and development standards of the Master Plan or Precise Development Plan shall apply instead of the requirements of this Zoning Ordinance. If the approved Master Plan or Precise Development Plan do not provide development standards (e.g., setback requirements, height limits, etc.) the standards of the most equivalent zoning district shall apply, as determined by the Director.

D.

Conditions of Approval. The use of land and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

E.

Legal Parcel. The use of land and/or structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Chapter IX of the Municipal Code (Land Subdivision), as applicable at the time the parcel was created.

F.

Development Agreements. The use and/or structures shall comply with any applicable Development Agreement approved by the City in compliance with Division 19.48 (Development Agreements).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The uses of land allowed by this Zoning Ordinance in each zoning district are identified in Divisions 19.08, 19.10, 19.12, 19.14, and 19.16, together with the type of land use permit required for each use.

A.

Permit Requirements. Tables 2-2, 2-4, 2-6, 2-7 and 2-9 provide for land uses that:

1.

Are permitted subject to compliance with all applicable provisions of this Zoning Ordinance, subject to first obtaining a Zoning Clearance (Section 19.42.020), and any Building Permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables; and

2.

May be allowed subject to the approval of a Use Permit (Section 19.42.050), and shown as "UP" uses in the tables.

Note: Design Review may also be required prior to the issuance of a Building Permit for certain uses and types of development. Design Review requirements are established by Section 19.42.030.

B.

Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and Tables 2-2, 2-5, 2-6, 2-7, and 2-9 require different land use permits for some of the uses, each use shall be authorized through the approval of the permit required for the specific use.

C.

Uses Not Listed. Land uses that are not listed in Tables 2-2, 2-4, 2-6, 2-7, or 2-9, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 19.02.020.F (Rules of Interpretation - Allowable Uses of Land), or Section 19.06.040 (Exemptions from Land Use Permit Requirements).

D.

Accessory Use Prohibited. A use that is not allowed in a given zoning district shall not be established as an accessory use to an allowed use in that district unless expressly permitted by this Zoning Ordinance or an official interpretation of this Zoning Ordinance adopted pursuant to Division 19.02.

E.

Use Violating Federal or State Laws Unlawful. Notwithstanding any other provision of this Title, nothing in this Title shall permit, enable, endorse, allow, or make lawful any use that is in violation of any lawful federal or state statute or provision of the United States or California Constitution. No permit, entitlement, authorization, application, or approval shall be granted or approved, as the case may be, by any employee, officer or agent of the City for any use of real property that is in violation of any lawful federal or state statute or provision of the United States or California Constitution. Any use of real property located within the jurisdictional boundaries of the City that is conducted or maintained in violation of any lawful federal or state statute or provision of the United States or California Constitution shall constitute a violation of this Title and is hereby declared to be a public nuisance.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1715, Exh. A, 4-19-2024)

The land use permit requirements of this Zoning Ordinance do not apply to the activities, uses of land and/or structures identified by this Section. However, nothing in this Section shall eliminate the requirements of the Municipal Code for obtaining grading, building, and/or other construction permits prior to starting any work, or eliminate the requirements of the California Environmental Quality Act (CEQA).

A.

Governmental Facilities. Facilities of the City; and facilities of the Federal, State, or any other local governmental entity on land owned or leased by a governmental agency, for governmental operations, but only to the extent that exemption is required by Federal or State law.

B.

Interior Remodeling. Interior alterations that do not: increase the number of rooms or the gross floor area within the structure; change the approved use of the structure or the location of the approved use within the structure; or expand the floor area occupied by the approved use within the structure.

C.

Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be reestablished as it existed, provided that:

1.

It was legally established and in compliance with this Zoning Ordinance before destruction; and

2.

Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements.

See Section 19.52.020 regarding repairs to nonconforming structures.

D.

Repairs and Maintenance. Ordinary repairs and maintenance, if:

1.

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

2.

The exterior repairs employ the same materials and design as the original construction.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Where a site is divided by one or more zoning district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable. For example, if a site is zoned both commercial and residential, the portion of the site zoned commercial shall be developed in compliance with the commercial zoning regulations, and the portion zoned residential shall be developed in compliance with the requirements of the applicable residential district.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 19.42.040 (Temporary Use Permits).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain City permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this Division shall eliminate the need to obtain any permits or approvals required by:

A.

Other Municipal Code provisions, including: Building, Grading or other construction permits if they are required by Municipal Code Chapters IV or VI; or a business license if required by Municipal Code Chapter VIII; or

B.

Any applicable County, or any regional, State or Federal agency regulations.

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

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.08 - AGRICULTURAL AND RESOURCE ZONING DISTRICTS

This Division lists the uses of land that may be allowed within the agricultural and resource zoning districts established by Section 19.04.020 (Zoning Districts Established). It also determines the type of land use permit/approval required for each use, and provides general standards for site development.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The agricultural and resource zoning districts are provided to help preserve and maintain agricultural land, natural open space areas, and conserve natural resources while accommodating a built environment that complements the natural environment. The purposes of the individual agricultural and resource zoning districts and the manner in which they are applied are as follows:

A.

A (Agricultural) District. The A zoning district is intended to be applied to lands that are to be protected and maintained in agricultural use, with allowable non-agricultural uses being related to and supportive of the continuing primary agricultural use. The A zoning district is consistent with the Agricultural land use designation of the General Plan.

B.

OS (Open Space) District. The OS zoning district is intended to preserve natural resources and provide for flood control, to protect the public health and safety on public land. The OS zoning district is consistent with the Open Space land use designation of the General Plan.

C.

ROS (Restricted Open Space) District. The ROS district is intended to recognize lands that have been acquired or dedicated for Open Space purposes and that are restricted in their use. The ROS zoning district is consistent with the Open Space land use designation of the General Plan.

D.

C (Conservation) District. The C zoning district is intended to maintain privately-owned, unimproved land to conserve natural resources. The C zoning district is consistent with the Conservation land use designation of the General Plan.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.08.030 - Agricultural and Resource Zoning District Land Uses and Permit Requirements.

Table 2-2 identifies the uses of land allowed by this Zoning Ordinance in each agricultural and resource zoning district, and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and Permit Requirements). In addition to the land use permit required by Table 2-2, special provisions related to certain land uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design Review). A Building Permit shall be required prior to any construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(4)

Accessory use may be allowed in accordance with standards as promulgated by the Novato Fire Protection District and all other applicable local, state and federal laws and regulations.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1643, § 5, 109-2018; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1718, § 3(Exh. C), 9-10-2024; Ord. No. 1723, § 3(Exh. B), 3- 25-2025)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (General Property Development and Use Standards).

TABLE 2-3

AGRICULTURAL AND RESOURCE DISTRICT

GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Maximum number of dwellings allowed per gross acre in a single-family subdivision. The actual number of units allowed is determined through the applicable subdivision or land use permit process, and there is no guarantee that the maximum density may be achieved.

(2)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

(3)

The Zoning Map designations include a suffix denoting the minimum lot area in acres for the Conservation zone. For example, CON-20 requires a minimum lot area of 20 acres. The density suffix shall be applied to property as part of the rezoning process.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1705, § 4(Exh. A), 10-10-2023)