§ 19.34 — Novato Zoning Code | GoCodebook Library

19.34.010 - Purpose of Division. ¶

This Division provides site planning and development standards for land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) in individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

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

19.34.020 - Applicability. ¶

Land uses and activities covered by this Division shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.

A.

Where Allowed. The uses that are subject to the standards in this Division shall be located in compliance with the requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

B.

Land Use Permit Requirements. The uses that are subject to the standards in this Division shall be authorized by the Land Use Permit required by Article 2, except where a Land Use Permit requirement is established by this Division for a specific use.

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

19.34.029 - Senate Bill 9 Development. ¶

This Section provides the definitions, permit requirements, processing procedures, and standards for the establishment of a Senate Bill 9 Dwelling Unit proposed in compliance with California Government Code Section 65852.21 and Article 2 (Zoning Districts, Allowable Land Uses, and Zone Specific Standards) of this Title.

A.

Definitions. For the purposes of this section, terms used herein that are identical to the terms used in California Government Code Section 65852.21 shall have the same meaning as those terms defined in said Government Code Section. Where terms used herein are identical to the terms used in Section 19.60.020 (Definitions of Specialized Terms and Phrases), the definitions provided in this Section shall control, unless otherwise specified in this Section. Notwithstanding the foregoing, the definitions below shall apply to the following terms as used in this Section:

1.

Accessory Dwelling Unit (ADU). As defined in Section 19.34.030 (Accessory Dwelling Units).

2.

Car Share Vehicle. A vehicle available for sharing located in a Car Share Vehicle Facility approved by the City.

3.

Car Share Vehicle Facility. A facility of fixed location approved by the City to permit the storage, pick-up, and drop off of a Car Share Vehicle.

4.

Efficiency Unit. As defined in Section 17958.1 of the California Health and Safety Code.

5.

Existing Structure. An existing permitted or otherwise legal single-family dwelling.

Floor Area, Gross. As defined in Section 19.60.020 (Definitions of Specialized Terms and Phrases).

7.

Garage. As defined in Section 19.60.020 (Definitions of Specialized Terms and Phrases).

8.

High-Quality Transit Corridor. As defined in California Public Resources Code Section 21155.

9.

Living Area. The interior area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

10.

Lot, or Parcel. As defined in Section 19.60.020 (Definitions of Specialized Terms and Phrases).

11.

Major Transit Stop. As defined in California Public Resources Code Section 21064.3.

12.

Nonconforming Zoning Condition. A physical improvement on a parcel that does not conform with current zoning standards.

13.

Primary Dwelling Unit (or "primary unit," "primary dwelling," "primary single-family dwelling," "primary unit single-family dwelling," or "primary residence"). A permitted or otherwise legal single-family dwelling unit that is the main residential unit on a lot.

14.

Single-Family Dwelling. As defined in Section 19.60.020 (Definitions of Specialized Terms and Phrases).

15.

Senate Bill 9 (SB 9) Development. A proposed housing development containing no more than two residential units within a single-family zone, subject to the qualifying criteria and provisions contained in this Section and the provisions identified in California Government Code Section 65852.21.

16.

SB 9 Dwelling Unit. A dwelling unit that is developed using the provisions in this Section and the provisions identified in California Government Code Section 65852.21.

B.

Land Use, Zoning, Density & Eligibility. A SB 9 Development:

Represents a residential land use;

2.

Is allowed on lots zoned Rural Residential (RR), Very Low Density Residential (RVL), Low Density Residential (R1), and Medium Density Detached Residential (R4) as well as those properties zoned Planned District (PD) and assigned the Rural Residential (RR), Very Low Density Residential (RVL), Low Density Residential (R1) or Medium Density Detached Residential (R4) land use designations of the Novato General Plan;

3.

Is not subject to the density requirements of the Novato General Plan, or Novato Municipal Code, or the maximum density or unit count stipulated in any master plan and/or precise development plan;

4.

Shall only be allowed on parcels located in the single-family zones listed above under subsection B.2, provided that the parcel or the SB 9 Development meets all of the requirements set forth in Government Code Section 65852.21(a)(1)—(5).

C.

Maximum Number of Units. A SB 9 Development shall include no more than two dwelling units.

D.

Nonconforming Zoning Condition. Notwithstanding the provisions of Division 19.52 (Nonconforming Uses, Structure, and Parcels), the construction of a SB 9 Development satisfying the requirements of this Section and Government Code Section 65852.21 shall not be contingent on the correction of any existing Nonconforming Zoning Condition(s).

E.

Separate Sale or Conveyance. A SB 9 Dwelling Unit shall not be separately sold or conveyed from each other unless the dwelling units are subsequently located on separate parcels created under the provisions of Section 9-8 of Chapter IX (Land Subdivision) and Government Code Section 66411.7.

F.

Building Code. All local and state building code provisions applicable to dwelling units shall apply to SB 9 Developments. A SB 9 Dwelling Unit shall meet all building code provisions necessary to allow separate conveyance of the subject dwelling units. Compliance with such provisions will be determined at the time construction detail plans are submitted for a building permit, subject to review and approval by the Chief Building Official or their designee.

G.

Review Procedure. The City shall render a ministerial decision without a public hearing on a SB 9 Development application in accordance with the review procedures stipulated in Government Code Section 65852.21.

Notwithstanding the foregoing, the City may deny a SB 9 Development application if the Chief Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed SB 9 Development project would have a specific, adverse impact upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

H.

Appeal. The City's action to approve or deny a SB 9 Development is final and not subject to appeal.

I.

Easements. A SB 9 Dwelling Unit shall not encroach on any recorded or judicially decided easement.

J.

Effect of Other Ordinances, Policies, & Regulations. Unless otherwise specified by this Section, a SB 9 Development shall comply with all applicable ordinances, policies, and regulations of this Title. Accordingly, an applicant for a SB 9 Dwelling Unit is not entitled to construct such a development in any form of their choosing but rather must accept the development configuration meeting all applicable standards. If no form of an SB 9 Dwelling Unit can conform to all applicable ordinances, policies, and regulations of Novato Municipal Code then a property owner shall be entitled to deviate from applicable ordinances, policies, and regulations, in accordance with Government Code Section 65852.21(b)(2)(A).

K.

Rental Period. A SB 9 Dwelling Unit shall be rented to the same person or persons for a term longer than 30 days.

L.

Street Address Required. Street addresses shall be assigned to each dwelling unit in a SB 9 Development proposal to assist in emergency response. The street address shall match the primary dwelling unit followed by a unique alphabetical identifier.

M.

Development Standards & Permit Requirements. SB 9 Developments shall require the approval of both a Planning application approved by the Community Development Director and building permit(s) from the Building Division. Approval of a Planning application is required prior to the issuance of any building permit.

Development standards for SB 9 Developments are provided as follows:

1.

Minimum Unit Size. The minimum gross floor area shall be that which is required for an efficiency unit.

2.

Maximum Floor Area Ratio. The maximum floor area ratio shall be as required by the zoning district in which the SB 9 Development will be located, as specified in Article 2 of this Title.

Maximum Lot Coverage. The maximum lot coverage shall be as required by the zoning district in which the SB 9 Development will be located, as specified in Article 2 of this Title.

4.

Maximum Height. The maximum height shall be as required by the zoning district in which the SB 9 Development will be located, as specified in Article 2 of this Title. The height of a dwelling unit shall be measured in accordance with NMC Section 19.20.070.B. (Height Measurement).

5.

Setbacks. The setbacks applicable to a SB 9 Development project shall be as follows:

a.

Minimum side and rear setbacks of 4 feet.

b.

Minimum front setback as required by the zoning district in which the SB 9 Development will be located, as specified in Article 2 of this Title.

c.

Notwithstanding subsections a and b above, no setback shall be required for an existing structure or a SB 9 Dwelling Unit constructed in the same location and to the same dimensions as an existing structure.

6.

Fire Building Separation Requirement. A detached SB 9 Dwelling Unit shall maintain a minimum building separation distance of 3 feet from any other building(s) on the lot. Notwithstanding the foregoing, an SB 9 Dwelling Unit may be attached to another SB 9 Dwelling Unit.

N.

Architecture. A proposed SB 9 Development shall meet all applicable architecture standards provided by Division 19.27 (Residential Objective Architecture Standards). New additions to create an SB 9 Dwelling Unit shall be constructed using the same building material(s) and color(s) as the existing single-family dwelling to which the addition will be attached for the following architectural elements:

1.

Siding material(s);

2.

Roof pitch and material; and

3.

Doors, windows, and trim.

Required Parking. One (1) off-street parking space per unit is required for a SB 9 Development, except as exempt pursuant to subsection 3 below, subject to the following design standards:

1.

Off-street parking for a SB 9 Dwelling Unit shall be made permanently available and independently accessible as described in Section 19.30.030 (General Parking Regulations).

2.

Off-street parking shall comply with applicable standards in Section 5-17.008.e of Chapter V (Development Standards), Subsection 19.20.070.D. (Sight Visibility Area Required), Subsection 19.20.100.E.4. (Pavement), and Section 19.30.070 (Parking Design Standards).

3.

Off-street parking is not required for a SB 9 Dwelling Unit in any of the following instances:

a.

The subject parcel is located within one-half mile walking distance of either:

(1)

a High-Quality Transit Corridor, as defined in this Section; or

(2)

a Major Transit Stop, as defined in this Section.

b.

When there is a Car Share Vehicle Facility, as defined in this Section, located within one block of the subject parcel.

P.

Noticing. The City's Planning Division shall prepare and issue a courtesy notice for a SB 9 Development in compliance with the provisions of Division 19.58.

Q.

Deed Restriction. A deed restriction, signed by the property owner(s) of record and the Community Development Director or designee, shall be recorded with the Marin County Recorder's office, listing the restrictions and limitations applicable to a SB 9 Dwelling Unit as identified below. Said deed restriction shall be recorded prior to the issuance of a certificate of occupancy for an SB 9 Dwelling Unit, shall run with the land, and shall be binding upon any future owners, heirs, or assigns. The deed restriction shall state:

1.

The SB 9 Dwelling Units shall not be individually sold separately from each other unless an urban lot split is approved pursuant to Government Code Section 66411.7 and other state and local laws and regulations

applicable thereto;

2.

A SB 9 Dwelling Unit shall be rented to the same person or persons for a term of 31 consecutive calendar days or longer;

3.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of applicable state and local law can result in legal action against the property owner, including revocation of any right to maintain a SB 9 Dwelling Unit on the property.

R.

Development Impact Fees. A SB 9 Dwelling Unit shall be subject to the development impact fees applicable to single-family residential development as defined by Novato City Council resolution, as may be amended or repealed and replaced from time to time.

S.

Time Limits & Extensions. A SB 9 Dwelling Unit permit granted pursuant to this Ordinance shall be subject to the time limits and extensions of time specified in Section 19.44.040.

T.

Preemption. In the event of an inconsistency between the provisions of this Section and Government Code Section 65852.21, as may be amended or renumbered from time to time, the latter shall prevail.

(Ord. No. 1725, § 5(Exh. A), 7-22-2025)

19.34.030 - Accessory Dwelling Units. ¶

This section provides the definitions, permit requirements, processing procedures, and standards for the establishment of accessory dwelling units in compliance with California Government Code sections 66310— 66342 and article 2 (zoning districts, allowable land uses, and zone-specific standards) of this title.

A.

Definitions. For purposes of this section, terms used herein that are identical to the terms used in California Government Code sections 66310—66342 shall have the same meaning as those terms are defined in said Government Code section. Where terms used herein are identical to the terms used in section 19.60.020 (definitions of specialized terms and phrases), the definitions provided in this section shall control, unless otherwise specified in this section. Notwithstanding the foregoing, the definitions below shall apply to the following terms as used in this Section:

1.

Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same

parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

a.

Efficiency Unit. As defined in section 17958.1 of the California Health and Safety Code.

b.

Manufactured Home. As defined in section 18007 of the Health and Safety Code.

c.

Attached Accessory Dwelling Unit. A new residential dwelling unit that is constructed as a physical expansion (e.g., building addition) of an existing primary residence by way of one or more common walls or included as an attached component of a proposed primary residence.

d.

Detached Accessory Dwelling Unit. A new residential dwelling unit that is located on the same lot as a primary residence and is not physically attached (e.g., no common wall or roof, etc.) to a primary residence.

e.

Conversion Accessory Dwelling Unit. A dwelling unit created within existing walls of a primary dwelling unit or accessory structure.

2.

Accessory Structure. A structure that is accessory and incidental to a primary dwelling located on the same lot.

3.

Car Share Vehicle. A vehicle available for sharing located in a car share vehicle facility approved by the city.

4.

Car Share Vehicle Facility. A facility of fixed location approved by the city to permit the storage, pick-up, and drop-off of a car share vehicle.

5.

Existing Structure. An existing permitted or otherwise legal single-family dwelling, multi-family dwelling, or accessory structure.

6.

Junior Accessory Dwelling Unit. As defined in section 19.34.031 (junior accessory dwelling unit).

7.

High-Quality Transit Corridor. As defined in California Public Resources Code section 21155.

8.

Livable Space. Space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

9.

Living Area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

10.

Lot, or Parcel. As defined in section 19.60.020 (definitions of specialized terms and phrases).

11.

Major Transit Stop. As defined in California Public Resources Code section 21155.

12.

Multi-Family Dwelling. A building with two or more attached dwelling units located in a residential or mixed-use zoning district. This definition includes, but is not limited to duplexes, triplexes, apartments, and condominiums under common ownership.

13.

Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

14.

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

15.

Primary Dwelling Unit (or "primary unit," "primary dwelling," "primary single-family dwelling," "primary unit single-family dwelling," or "primary residence"): A permitted or otherwise legal single-family dwelling that is the main residential unit on a lot and is larger than any proposed ADU; or a permitted or otherwise legal multifamily dwelling unit on a lot zoned for residential or mixed-use. For any lot with an existing residential unit, the existing residential unit shall be the primary dwelling unit and any proposed new accessory dwelling unit(s) shall be required to qualify under this code as one of the permitted types of accessory dwelling units.

16.

Proposed Dwelling. A new single-family or multi-family dwelling that is the subject of a permit application and that meets the requirements for permitting.

17.

Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are

available to the public.

18.

Single-Family Dwelling. As defined in division 19.60 (definitions/glossary).

19.

Story. As defined in division 19.60 (definitions/glossary).

20.

Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up one behind the other.

B.

Land Use, Zoning and Density. An accessory dwelling unit:

1.

Represents a residential land use;

2.

Is not subject to the density requirements of the Novato General Plan or this title;

3.

Is allowed on any lot when combined with an existing permitted, otherwise legal, or proposed single-family or multi-family dwelling in a residential or mixed-use zone as specified in the land use tables of Article 2; and

4.

Is allowed on any lot zoned planned district (PD) when combined with an existing or proposed single-family or multi-family dwelling, where such primary dwelling types are a permitted use in an adopted master plan or precise development plan.

C.

Maximum Number of Units.

1.

Single-Family Dwellings. A maximum of one accessory dwelling unit shall be allowed on a lot with an existing or a proposed primary single-family dwelling. Only one accessory dwelling unit shall be permitted per lot regardless of there being multiple, existing detached single-family dwellings on a given lot. An accessory dwelling unit may also be constructed on a lot with a junior accessory dwelling unit subject to the provisions of this section.

2.

Multi-family Dwellings. As specified in subsections 19.34.030.N.2.c. and 19.34.030.N.2.d.

D.

Nonconforming Zoning Condition. Notwithstanding the provisions of division 19.52 (nonconforming uses, structures, and parcels), the construction of an accessory dwelling unit pursuant to this section shall not be contingent on the correction of any existing nonconforming zoning condition as defined by this section.

E.

Nonconforming Single-Family Dwelling (Land Use Conformity). An accessory dwelling unit shall be allowed on lots where an existing single-family dwelling maintains a legal nonconforming land use status in accordance with NMC section 19.52.020 (restrictions on nonconforming uses and structures). Such a non-conforming single-family dwelling shall only be eligible to have an accessory dwelling unit created from conversion of a portion of the existing, legal nonconforming single-family dwelling or existing, legal nonconforming residential accessory structure associated with the single-family dwelling in accordance with the development standards specified in subsection 19.34.030.N.2.b. and all other applicable provisions of this section.

F.

Separate Sale or Conveyance. Except as provided by Government Code section 66314, an accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling unit on a qualifying a lot for development of an accessory dwelling unit. An accessory dwelling unit may be rented separately from the primary dwelling unit.

G.

Building Code. All local and state building code provisions applicable to dwelling units shall apply to accessory dwelling units, except as modified by this section in accordance with state law.

H.

Fire Sprinklers. Fire sprinklers shall not be required for an accessory dwelling unit if not required for the primary dwelling unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling.

I.

Easements. Accessory dwelling units shall not be permitted to encroach on any recorded or judicially decided easement.

J.

Effect of Other Ordinances, Policies, and Regulations. Unless otherwise specified by this section, accessory dwelling units shall comply with all applicable ordinances, policies, and regulations of this title. Accordingly, an applicant for an accessory dwelling unit shall modify a proposed accessory dwelling unit or select another of the herein listed accessory dwelling unit types (e.g., attached, detached or conversion) in order to comply with all applicable ordinances, policies, and regulations of this title.

K.

Rental Period. An accessory dwelling unit shall be rented to the same person or persons for a term of 30 days or longer.

L.

Certificate of Occupancy. A certificate of occupancy for an accessory dwelling unit shall not be issued before a certificate of occupancy is issued for a primary dwelling unit.

M.

Street Address Required. Street addresses shall be assigned to an accessory dwelling unit to assist in emergency response. The street address shall match that of the primary dwelling unit followed by a unique alphabetical identifier (e.g., 1000A Main Street for an ADU associated with a primary dwelling unit of 1000 Main Street).

N.

Development Standards and Permit Requirements for Specific Accessory Dwelling Units. California Government Code sections 66310—66342 establishes different accessory dwelling unit categories and applicable development standards for each accessory dwelling unit category, including those that must be permitted solely by building permit pursuant to compliance with prescribed objective development standards and others subject to all applicable objective development standards.

Fire Protection Building Separation Requirement. A detached accessory dwelling unit shall maintain a minimum building separation distance of 3 feet from any other building(s) on the lot.

(6)

Height Limit. Maximum height of 16 feet or; maximum height of 18 feet for a detached accessory dwelling unit that is within one-half mile walking distance of a major transit stop or high-quality transit corridor and an additional 2 feet is allowed only to the extent that it is necessary to accommodate a roof pitch aligned with that of the primary dwelling unit. The height of an accessory dwelling unit shall be measured in accordance with subsection 19.20.070.B (height measurement). Architectural, decorative, and other roof elements (i.e., mechanical equipment, roof vents, chimney etc.) attached to the accessory dwelling unit shall not exceed this height limit.

c.

Statewide Default Accessory Dwelling Unit. Notwithstanding the maximum unit size based on living area percentage, floor area ratio, open space, front setbacks, minimum lot size, and/or lot coverage standards provided above, an applicant shall be entitled to construct a detached or attached accessory dwelling unit of up to a maximum gross floor area of 800 square feet, 16-feet in height, with 4-foot side and rear setbacks. The height of an accessory dwelling unit shall be measured in accordance with subsection 19.20.070.B (height measurement). Notwithstanding the provisions of subsection 19.20.070.C (exceptions to height limits),

architectural, decorative, and other roof elements (i.e., mechanical equipment, roof vents, chimney etc.) attached to the accessory dwelling unit may not exceed this height limit.

2.

Limited Standards Accessory Dwelling Units. The following types of ADUs shall only be subject to the development standards of this subsection as required by and consistent with California Government Code section 66323. An ADU meeting the development standards of this section shall only be subject to securing a building permit.

a.

Detached Accessory Dwelling Unit—On Lots With Existing or Proposed Primary Unit Single-Family Dwellings.

(1)

Unit Size.

i.

The maximum gross floor area permitted shall be 800 square feet.

(2)

Setbacks.

i.

Minimum side and rear setbacks of 4 feet.

(3)

Fire Protection Building Separation Requirement. A detached accessory dwelling unit shall maintain a minimum building separation distance that is sufficient for fire and safety.

(4)

b.

Conversion Accessory Dwelling Units—Within Existing Primary Unit Single-Family Dwellings, Proposed Primary Unit Single-Family Dwellings and Existing Accessory Structures.

(1)

Unit Size.

An accessory dwelling unit is not subject to a maximum floor area limit when created within the walls of an existing or proposed primary unit single-family dwelling or existing accessory structure. However, an addition of up to 150 square feet for the sole purpose of accommodating ingress and egress is allowed for an existing accessory structure being converted to an accessory dwelling unit.

(2)

Setbacks.

i.

An accessory dwelling unit being created within the walls of an existing single-family dwelling or existing accessory structure shall not expand the footprint of the existing primary unit dwelling or accessory structure. However, an addition of up to 150 square feet for the sole purpose of accommodating ingress and egress is allowed for an existing accessory structure being converted to an accessory dwelling unit.

ii.

Minimum side and rear setbacks sufficient to provide for fire and safety shall be required where an addition of up to 150 square feet is proposed.

(3)

Height Limit. An accessory dwelling unit created within the living area of an existing single-family dwelling or within the area of an existing accessory structure shall maintain the height of the existing dwelling or accessory structure. An accessory dwelling unit created within the floor area of a proposed primary unit single-family residence shall be subject to the height limit of the zoning district applicable to the primary dwelling as specified in article 2 of this title.

(4)

Separate Entry. A separate exterior accessible entryway shall be required independent of the primary dwelling unit's entryway.

c.

Conversion Accessory Dwelling Units—Existing Multi-Family Dwellings.

(1)

Location. Accessory dwelling units shall only be allowed through the conversion of existing multi-family building space that is not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) and only when the proposed unit(s) complies with state building standards for dwellings.

(2)

Number of Multi-Family Dwelling Conversion Accessory Dwelling Units. A minimum of one (1) conversion accessory dwelling unit shall be permitted and up to a maximum number not exceeding 25 percent of the existing multi-family dwelling units. Any fractional/decimal result of a calculation to determine the number of

accessory dwelling units in a multi-family unit shall be rounded down to the next whole unit (e.g., 7 multi-family units allows a maximum of 1 accessory dwelling unit).

(3)

Unit Size.

i.

The maximum gross floor area shall be equal to the area of the existing multi-family building space that is not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) and is being converted to accessory dwelling unit(s).

(4)

Setbacks. Not applicable. A multi-family dwelling conversion accessory dwelling unit(s) shall not expand the existing multi-family building footprint.

(5)

Maximum Height. The multi-family dwelling conversion accessory dwelling units shall not exceed the height of the existing building area being converted to an accessory dwelling unit.

(6)

Separate Entry. A separate entryway shall be provided for each accessory dwelling unit.

d.

Detached Accessory Dwelling Unit—Multi-Family Dwellings.

(1)

Number of Detached Accessory Dwelling Units. A maximum of two detached accessory dwelling units shall be allowed on a lot with a proposed multi-family dwelling, and up to a maximum of eight (8) detached accessory dwelling units shall be allowed on a lot with an existing multi-family dwelling unit, provided that the number of accessory dwelling units does not exceed the number of existing units on the lot.

(2)

Setbacks.

i.

Minimum side and rear setbacks of 4 feet.

(3)

of the primary dwelling unit; or maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multi-story multi-family dwelling.

Architecture.

1.

A proposed accessory dwelling unit(s) and proposed primary dwelling shall meet all applicable architecture standards provided by division 19.27 (residential objective architecture standards).

2.

An accessory dwelling unit combined with an existing primary dwelling and located within a required front and/or street side setback area, shall be constructed and painted to match the primary dwelling, using the same:

a.

Paint color(s);

Siding material(s) and style(s);

c.

Roof pitch, material(s), and color(s); and

d.

Door(s), window(s), and trim.

3.

The provisions of this subsection shall not apply to the accessory dwelling unit types addressed in subsection 19.34.030.N.2.

P.

Historic Resources. The following criteria shall apply to accessory dwelling units on properties listed in the California Register of Historic Resources or designated as a local historic resource. The provisions of this subsection shall not apply to the accessory dwelling unit types addressed in subsection 19.34.030.N.2.

1.

The applicant shall submit a historic resource survey prepared by a qualified professional addressing whether the proposed accessory dwelling unit will negatively impact historic resource(s) and is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

The accessory dwelling unit shall not be a replica of the architectural style of the historic structure(s) on the property;

3.

The accessory dwelling unit shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

Q.

Required Parking.

1.

Off-Street Parking. In addition to required parking for the primary dwelling unit, one (1) off-street parking space is required for an accessory dwelling unit, except as exempt pursuant to subsection d. below, subject to the following design standards:

a.

Off-street parking for an accessory dwelling unit is allowed via installation of a new independent parking stall or by tandem parking on a driveway within a required setback area, unless findings are made that such parking is infeasible based on site specific topographical, fire, and/or life safety conditions.

b.

Off-street parking shall comply with applicable standards in subsection 5-17.008.e of chapter V (development standards), subsection 19.20.070.D. (sight visibility area required), subsection 19.20.100.E.4. (pavement), and subsection 19.30.070 (parking design standards) of the Novato Municipal Code.

c.

Off-Street parking is not required for an accessory dwelling unit in any of the following instances:

(1)

The accessory dwelling unit is located within one-half mile walking distance of public transit as defined in this section.

(2)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(3)

The accessory dwelling unit is part of a proposed or existing primary residence or existing accessory structure converted to accommodate an accessory dwelling unit.

(4)

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

(5)

When there is a car share vehicle facility, as defined in this section, located within one block of the accessory dwelling unit.

(6)

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new primary dwelling unit on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.

d.

Primary Dwelling Parking. Where an existing garage, carport, uncovered parking space, or covered parking structure is demolished or converted to create an accessory dwelling unit then those off-street parking spaces are not required to be replaced.

2.

The provisions of this subsection shall not apply to the accessory dwelling unit types addressed in subsection 19.34.030.N.2.

R.

Submittal Requirements. The submittal requirements for accessory dwelling units are those required by the community development department for a building permit.

S.

Noticing. The city's planning division shall prepare, and issue a courtesy notice for an accessory dwelling unit in compliance with the provisions of division 19.58.

T.

Deed Restriction. A deed restriction, signed by the property owner(s) of record and the community development director or designee, shall be recorded with the Marin County Recorder's office, listing the restrictions and limitations of an accessory dwelling unit as identified below. Said deed restriction shall be recorded prior to the final occupancy of an accessory dwelling unit and run with the land, and shall be binding upon any future owners, heirs, or assigns. The deed restriction shall state:

1.

The accessory dwelling unit shall not be sold separately from the primary dwelling unit, except as provided by Government Code section 66341;

2.

The accessory dwelling unit shall be rented to the same person or persons for a term of 30 consecutive calendar days or longer;

3.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of section 19.34.030 can result in legal action against the property owner, including revocation

of any right to maintain an accessory dwelling unit on the property.

The provisions of this subsection shall not apply to the accessory dwelling unit types addressed in subsection 19.34.030.N.2.

U.

Development Impact Fees. Accessory dwelling units that are less than 750 square feet in floor area are not subject to paying development impact fees. Accessory dwelling units that are 750 square feet or larger in floor area shall pay development impact fees charged proportionally in relation to the square footage of the primary dwelling unit.

V.

Unpermitted Accessory Dwelling Unit. An unpermitted ADU that was constructed before January 1, 2020, can be permitted pursuant to the provisions of Government Code section 66332.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1637, § 3(Exh. A), 2-27-2018; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1721, § 4(Exh. A), 1-28-2025)

19.34.031 - Junior Accessory Dwelling Units.

This Section provides standards for the establishment of junior accessory dwelling units in compliance with California Government Code §65852.22 and Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards) of this Title.

A.

Definitions. The definitions below shall apply to the following terms as used in this Section:

1.

Efficiency Kitchen. A kitchen with the minimum following components:

a.

A sink with a minimum width and length of 16-inches and a waste line diameter of 1.5 inches;

b.

A cooking facility or appliance that uses electrical service, natural gas, or propane gas; and

c.

A food preparation counter and storage cabinets that are 6-feet in length.

2.

Junior Accessory Dwelling Unit (JADU). A dwelling unit that is accessory to and located within the walls of a legal primary single-family dwelling on the same site. A junior accessory dwelling unit provides independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking. Cooking and food preparation facilities shall meet the minimum definition of an "Efficiency Kitchen" as

defined by A.1. above. Bathroom facilities may be independently provided for the junior accessory dwelling unit or may be shared with occupants of the primary dwelling.

3.

Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

4.

Proposed Dwelling. A new single-family dwelling that is the subject of a permit application and that meets the requirements for permitting.

5.

Single-Family Dwelling. As defined in Division 19.60 (Definitions/Glossary).

B.

Land Use. Junior accessory dwelling units represent a residential land use and are not required to meet the density requirements of the Novato General Plan or this Title. Junior accessory dwelling units are an allowed land use where single-family dwellings are permitted by zoning as listed in the land use tables of Article 2 subject to meeting the provisions of this section, as well as on lots where an existing single-family dwelling maintains legal nonconforming land use status in accordance with NMC Section 19.52.020 (Restrictions on Nonconforming Uses and Structures).

C.

Maximum Number of Units. A maximum of one junior accessory dwelling unit shall be allowed on a lot within the walls of an existing or a proposed primary single-family dwelling unit.

D.

Accessory Dwelling Unit Combined. An accessory dwelling unit may also be constructed on a lot with a junior accessory dwelling unit subject to the provisions of Section 19.34.030 of this Title.

E.

Nonconforming Zoning Condition. Notwithstanding the provisions of Division 19.52 (Nonconforming Uses, Structures, and Parcels), the construction of a junior accessory dwelling unit shall not be contingent on the correction of any existing nonconforming zoning condition as defined herein.

F.

Separate Sale or Conveyance. A junior accessory dwelling unit shall not be sold or conveyed separately from the single-family dwelling in which it is located.

G.

Building Code. All local and state building code provisions applicable to dwelling units shall apply to junior accessory dwelling units.

H.

Rental Period. A junior accessory dwelling unit shall not be rented for a period of less than 30-days. A junior accessory dwelling unit shall not be used as a short-term rental.

I.

Certificate of Occupancy. A certificate of occupancy for a junior accessory dwelling unit shall not be issued before a certificate of occupancy is issued for a new primary single-family dwelling within which the junior accessory dwelling unit will be located.

J.

Street Address Required. Street addresses shall be assigned to all junior accessory dwellings to assist in emergency response. The street address shall match the primary dwelling followed by a unique alphabetical identifier (e.g., 1000A Main Street for a JADU associated with a primary dwelling of 1000 Main Street).

K.

Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy the primary dwelling unit or junior accessory dwelling unit as their principal residence. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or non-profit housing organization as defined by Government Code section 65589.5.

L.

Development Standards. Junior accessory dwelling units shall comply with the following standards as addressed by California Government Code Section 65852.22.

1.

Unit Size: The maximum gross floor area allowed for a junior accessory dwelling unit is 500 square feet.

2.

Setbacks: A junior accessory dwelling unit shall be located entirely within the footprint of an existing or proposed single-family dwelling.

3.

Height Limit: Existing height of the area being converted to a junior accessory dwelling unit or the maximum height approved for a proposed single-family residence within which the junior accessory dwelling unit will be located.

4.

Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen.

5.

Separate Exterior Entry. A separate exterior entryway shall be provided independent of the primary dwelling unit's entryway.

Internal Doorway Connection. A common interior doorway shall be provided to connect a junior accessory dwelling unit to the living area of the primary single-family dwelling.

M.

Permit Requirement & Review Procedure. A junior accessory dwelling unit requires only a building permit. If a building permit application to create junior accessory dwelling unit is submitted concurrently with a permit application to create a new single-family dwelling on the same lot, action on the junior accessory dwelling unit will be deferred until an action is taken on the permit application to create the new single-family residence.

N.

Submittal Requirements. The submittal requirements for a building permit for a junior accessory dwelling unit are established by separate policy published by the Community Development Director.

O.

Deed Restriction. Prior to obtaining a certificate of occupancy for a junior accessory dwelling unit, a deed restriction, signed by the owner(s) of record and the Community Development Director or designee, shall be recorded with the County Recorder's office, which shall include the pertinent restrictions and limitations applicable to a junior accessory dwelling unit identified in this Section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. The recorded deed restriction shall state that:

1.

The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;

2.

The junior accessory dwelling unit may not be rented for a period of less than 30 consecutive calendar days;

3.

The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards in Novato Municipal Code Section 19.34.031 (Junior Accessory Dwelling Units).

4.

The junior accessory dwelling unit shall be considered legal only so long as the primary dwelling is occupied by the owner of record of the property, unless the owner is another governmental agency, land trust, or non-profit housing organization;

5.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of Section 19.34.031, may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.

On-Site Parking. No on-site parking is required for a junior accessory dwelling unit.

Q.

Replacement Parking. Where an existing attached garage providing conforming parking for a single-family dwelling is converted to create a junior accessory dwelling unit then those off-street parking stalls shall be replaced on-site by providing uncovered parking stalls complying with the requirements of subsection 19.20.100.E.4., subsection 19.30.070.D.2.a., subsection 19.30.080.A. of this Title and subsection 5-17.008.e. of Novato Municipal Code chapter V. Notwithstanding subsection 19.20.100.E.3. of this title, replacement parking can be located in a required front yard setback. Notwithstanding the requirements of subsection 19.30.030.A, replacement parking can be provided in a tandem configuration.

tion 19.20.100.E.4., subsection 19.30.070.D.2.a., subsection 19.30.080.A. of this Title and subsection 5-17.008.e. of Novato Municipal Code chapter V. Notwithstanding subsection 19.20.100.E.3. of this title, replacement parking can be located in a required front yard setback. Notwithstanding the requirements of subsection 19.30.030.A, replacement parking can be provided in a tandem configuration.

R.

Noticing. A courtesy notice shall be issued for junior accessory dwelling unit in compliance with division 19.58.

S.

Unpermitted Junior Accessory Dwelling Unit. An unpermitted JADU that was constructed before January 1, 2020, can be permitted pursuant to the provisions of Government Code section 66332.

(Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1637, § 3(Exh. A), 2-27-2018; Ord. No. 1676, Exh. A, 3-82022; Ord. No. 1721, § 4(Exh. A), 1-28-2025)

19.34.032 - Accessory Residential Uses and Structures.

Where allowed in the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards), accessory residential uses and structures shall comply with the following criteria and standards. Accessory dwellings are instead subject to the provisions of Section 19.34.030 (Accessory Dwelling Units).

A.

Relationship of Accessory Use or Structure to the Main Use. Accessory uses and structures shall be incidental to and not alter the main use or character of the site.

B.

Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent to the construction of a main structure on the property unless a Use Permit is first obtained in compliance with Section 19.42.050 (Use Permits).

C.

Building Code. The location of all accessory structures shall comply with all applicable Building Code standards.

Location.

Mechanical equipment shall comply with the requirements of Section 19.22.040 (Electrical and Mechanical Equipment).

4.

Shall comply with all other applicable requirements of this Chapter.

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

19.34.034 - Accessory Retail and Service Uses. ¶

Retail sales and services, including, but not limited to, restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary use where authorized by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), as follows:

A.

General Standard. There shall be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, or windows with merchandise visible from adjoining streets), nor access to any space used for the accessory retail use other than from within the structure.

B.

Commercial Zoning Districts. Restaurants and retail sales are permitted in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities; pharmacies are permitted accessory to hospitals and other medical facilities.

C.

Residential and Special Purpose Zoning Districts. Membership organizations, social or recreational establishments may engage in retail sales for guests only.

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

19.34.050 - Alcoholic Beverage Establishments. ¶

A.

Purpose. The provisions of this Section are intended to avoid or minimize the potential adverse effects (e.g., littering, loitering, and others) on the peace, health, safety and welfare of residents in nearby areas, that may arise from the undue proliferation and/or inappropriate location of establishments selling alcoholic beverages.

B.

Exemption from Use Permit Requirement. The Use Permit approval otherwise required by Article 2 (Zoning Districts and Allowable Land Uses) for alcoholic beverage establishments shall not be required for:

1.

The incidental sale and serving of alcohol beverages for on-premise consumption in conjunction with a restaurant. This exemption does not apply to uses classified as night clubs and bars.

2.

The retail sale of alcoholic beverages for off-premise consumption, when the alcoholic beverages are packaged with non-beverage items as a minor component of the product being sold (for example, food gift baskets including wine); or

3.

Wholesale-only operations (no direct sales to consumers).

These exemptions shall not apply where the State Department of Alcoholic Beverage Control (ABC) requires a Letter of Convenience and Necessity for the sales activity.

C.

Display of Permit Required. The Use Permit issued for the alcoholic beverage establishment and a copy of the conditions of approval for the permit shall be displayed on the premises of the establishment in a place where it may readily be viewed by any member of the general public.

D.

Findings for Approval. No alcoholic beverage establishment shall be approved unless the Review Authority first make the findings required for the approval of a Use Permit in Section 19.42.050, and the following additional findings:

1.

The proposed use will not adversely affect the welfare of the area residents, or result in an undue concentration of establishments dispensing alcoholic beverages in the area, as determined by the Review Authority.

2.

The proposed use is located at an appropriate distance from:

a.

Residential uses;

b.

Religious facilities, schools, public parks and playgrounds, and other similar uses; and

c.

Other establishments dispensing alcoholic beverages.

3.

The size and proposed activity level (i.e., music, entertainment activities, food service, arcade games, or other amusement activities, etc.) will be compatible with the uses in and/or character of, the surrounding area.

The signs and other advertising on the exterior of the premises will be compatible with the character of the area.

5.

The applicant has committed to voluntarily provide a beverage service training program, should one be made available locally on a no-charge basis for employees who sell or dispense alcoholic beverages, and would provide them with the knowledge and skills needed to comply with their responsibilities under State law, including the following topics:

a.

State laws relating to alcoholic beverages, particularly ABC regulations and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws;

b.

The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages;

c.

Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles;

d.

Methods of dealing with intoxicated customers and recognizing underage customers;

e.

Methods to appropriately pace customer drinking to reduce the risk that the customer will leave the premises in an intoxicated manner; and

f.

Knowledge of mixology, including marketable alternatives to alcoholic beverages.

E.

Gas Stations Selling Alcoholic Beverages. Gas stations that sell alcoholic beverages shall be subject to Use Permit approval and the other requirements of this Section. In addition, no advertisement of alcoholic beverages shall be displayed at or located on motor fuel islands, and no self-illuminated advertising for alcoholic beverages shall be located on the exterior portion of the building or in the window area in a manner as to make it identifiable and readable from the closest adjacent roadway.

F.

Nonconforming Uses and Structures. Alcoholic beverage retail establishments which were legally operating prior to the adoption of this Section may continue to operate as nonconforming uses in compliance with the provisions of Chapter 19.52 (Nonconforming Uses, Structures, and Parcels). In addition to those provisions, nonconforming establishments shall be required to apply for a Use Permit in compliance with Section 19.42.050 (Use Permits), if any of the following occur after the effective date of this Section:

1.

The existing establishment requests permission from the ABC to allow the serving of distilled spirits in addition to its original license to sell or serve beer and wine only;

2.

The establishment's liquor license is revoked by the ABC;

3.

The establishment's liquor license is suspended for more than 45 days by the ABC; or

4.

There is a 20 percent or larger expansion of the area within the establishment that is designated for the sale or consumption of alcoholic beverages.

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

19.34.060 - Animal Keeping. ¶

The provisions of this Section are intended to ensure that the raising and maintenance of animals does not create adverse impacts on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights, or insect infestations.

A.

Where Allowed. Animal keeping shall be allowed in any residential zoning district subject to the provisions of this Section.

B.

Pre-existing Uses. Any legally established noncommercial animal keeping use that became nonconforming upon adoption of this Zoning Ordinance, shall be permitted to continue subject to Division 19.52 (Nonconforming Uses, Structures, and Parcels).

C.

Allowable Animal Keeping Activities and Permit Requirements. Animals shall be kept within residential zoning districts only in compliance with the limitations on use and permit requirements in Table 3-13.

Table 3-13

Allowable Animal-Keeping Activities and Permit Requirements

Type of animals		Permit Requirement by Zoning District (2)	Permit Requirement by Zoning District (2)	Permit Requirement by Zoning District (2)	Permit Requirement by Zoning District (2)	Permit Requirement by Zoning District (2)
	A	RR	RVL	R1	R4/R5	R10	R20
Household pets - 5 or fewer total	P	P	P	P	P	P	P
Kennel or boarding	UP	UP	UP	—	—	—	—
Small animals - 12 or fewer total	P	P	P	P	P	P	P
Small animals - 13 or more total	P	UP	UP	UP	—	—	—
Large animals	UP (3)	P	P	P (1)	—	—	—
Hogs & swine	P	—	—	—	—	—	—
Fowl and poultry - 12 or fewer total (4)	P	P	P	P	P/P	UP	UP
Fowl and poultry - 13 or more total	P	UP	UP	UP	—	—	—

Key to permit requirements:

P	Permitted animal keeping only in accordance with standards of Table 3-14, no City approval required.
UP	Use Permit approval required in compliance with Section 19.42.050.
—	Type of animal not allowed.

Notes:

(1)

Allowed in the R1 zoning district only where a lot contains 20,000 sq. ft. or more of land area that is not subject to restricted use, (e.g., private open space easement).

(2)

Animal keeping within the PD (Planned Development) District shall be allowed in accordance with the standards of the applicable Precise Development Plan. If the Precise Plan is silent on animal keeping, the standards from the most comparable zoning district shall apply. Private homeowners associations may also have animal-keeping restrictions.

(3)

UP required for large animal livestock operations, see Table 2-2, Section 19.08.030.

(4)

See Table 3-14 and 19.34.060 (E) for additional requirements.

D.

Animal keeping standards. All animal keeping shall comply with the standards in Table 3-14.

Table 3-14

Animal-Keeping Standards

Type of Animal or Facility	Maximum Number of Animals per Site (1)	Minimum Lot Area (2)	Minimum Setbacks (3)
Fowl and poultry - (Roosters, quacking ducks, geese, guinea fowl, or peafowl are not allowed)	12 or less	5,000 sf	10 feet
Hogs and swine	1 animal per 40,000 sf	80,000 sf	20 feet
Household pets - Including cats, dogs, pot belly pigs (less than 80 pounds) and other non-poisonous small animals.	5 or less where allowed in compliance with Table 3-13	None	None
Large animals - Horses, cows, goats, llamas, sheep, and similar sized animals	1 animal per 20,000 sf	20,000 sf	20 feet
Small animals - Chinchilla, guinea pigs, hamsters, rabbits, rodents, birds, and similar small animals, not raised for commercial purposes	12 or less	None	10 feet

Notes:

(1)

Offspring allowed in addition to maximum number until weaned.

(2)

Minimum lot area required for the keeping of animals.

(3)

Minimum setbacks from all property lines for areas and structures where animals are kept. Animals shall not be kept in any required front yard setback.

E.

Maintenance and Operational Standards.

1.

Odor and Vector Control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the

proliferation of flies, other disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner.

2.

Waterway Protection. The keeping of horses or cattle within 50 feet of any waterway shall first require Director approval of a good housekeeping plan to protect the waterway from the polluting effects of runoff from the animal keeping area.

3.

Erosion and Sedimentation Control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement in compliance with Division 19.59 (Zoning Ordinance Enforcement).

4.

Noise Control. Animal keeping shall comply with the noise standards established by Section 19.22.060 (Noise).

5.

Additional Standards Specific to Keeping of Chickens.

a.

A minimum separation of 25-feet must be maintained between the animal enclosure and any dwelling other than the keeper's dwelling.

b.

Both a henhouse and pen are required. Animals must be maintained within one of these enclosures at all times and may not roam freely on the property.

c.

Responsible, sanitary and humane conditions must be maintained at all times. Keeper shall not fail to provide proper food, water, shelter or sanitation. Henhouse and enclosure shall be roofed and sufficient to provide shelter from weather and protection from predators. Overcrowding is prohibited. The City generally considers overcrowding to be less than four sf/hen within the enclosure.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1675, § V, 12-14-2021)

19.34.065 - Cannabis—Personal Cultivation.

A.

Purpose and Intent. The purpose of this section is to impose regulatory restrictions on the personal cultivation of cannabis pursuant to state law. Nothing in this section is intended to allow commercial cannabis activities as defined in section 19.60.020. This section is not intended to interfere with a patient's right to use medicinal cannabis pursuant to state law, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by state law. This section is not intended to give any person or entity independent legal

authority to operate a cannabis business, as it is intended simply to impose regulatory restrictions regarding personal cultivation of cannabis in the City pursuant to this Code and state law.

B.

Applicability. Nothing in this section shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law, nor shall it be construed, to exempt any activity related to the cultivation of cannabis from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements. No provision of this section shall be deemed a defense or immunity to any action brought against any person by the Marin County District Attorney's office, the Attorney General of the State of California or the United States of America.

C.

Maximum limits.

1.

No indoor, mixed-light or outdoor cannabis cultivation may occur without full compliance with this section.

2.

No personal cultivation of cannabis may occur on a parcel of property unless a private residence is located on the same parcel.

3.

Notwithstanding any other provisions of this Code to the contrary, outdoor cultivation of cannabis (for any purpose) is prohibited.

4.

Except as may be permitted by state law with respect to qualified patients and/or primary caregivers, no more than six (6) cannabis plants may be cultivated inside a private residence and/or on the parcel on which that private residence is located.

D.

Medical Cannabis Cultivation. Medical cannabis shall only be cultivated by:

1.

A qualified patient exclusively for his or her own personal medical use but who does not provide, donate, sell, or distribute medical cannabis to any other person and who can provide a written doctor's recommendation to the City; or

2.

A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates, or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for

whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765(c).

E.

Nonmedicinal Cannabis Cultivation. For persons other than qualified patients or primary caregivers, all personal cultivation of cannabis for nonmedicinal purposes shall be conducted by persons twenty-one (21) years of age or older.

F.

Indoor Cannabis Cultivation for Personal Use. Indoor cannabis cultivation for personal use is permitted within all private residences as defined in Health and Safety Code Section 11362.2 and Fully Enclosed and Secure Structures located on the same parcels as the private residences within all zoning districts, subject to all of the following minimum standards:

1)

All indoor cannabis cultivation for personal use, including by a qualified patient or primary caregiver, shall occur in a private residence or Fully Enclosed and Secure Structure located on the same parcel of property as that private residence, subject to the following restrictions:

a)

Structures and equipment used for indoor cannabis cultivation, such as indoor grow lights, shall comply with all applicable zoning, building, electrical and fire code regulations as adopted by the City;

b)

All Fully Enclosed and Secure Structures shall comply with all applicable requirements set forth in this Chapter and in addition shall be setback by a minimum of ten (10) feet from all parcel property lines;

c)

Personal cultivation of cannabis shall not interfere with the primary occupancy of the residence, building or structure, including regular use of kitchen(s) or bathroom(s);

d)

The use of generators to power any cultivation equipment is prohibited; may occur in the substance may occur in the cultivation natural gas) or ozone generators shall not be used in any he use of generators to power any cultivation equipment is prohibited, except as an emergency back-up system. The use of extension cords in the cultivation room is likewise prohibited;

e)

Indoor grow lights used for cultivation shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the City;

f)

Any Fully Enclosed and Secure Structure or private residence used for the cultivation of indoor cannabis shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the Building Codes as adopted and amended by Chapter 4 (Building and Housing) of the Novato Municipal Code;

g)

From the ground level of a street, public right-of-way or adjoining parcel, there shall be no visible evidence whatsoever of cannabis cultivation occurring anywhere on the parcel;

h)

Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation of cannabis by tenants;

i)

Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis;

j)

Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this Code;

k)

Except as may otherwise be permitted by state law with respect to the cultivation of medicinal cannabis by qualified patients and/or primary caregivers, the cultivation area shall not be accessible to minors; and

l)

Tenants and all other non-owners of property shall have written consent from the property owner in accordance with the following requirements:

1)

Written consent from the property owner to cultivate cannabis within the residence or in a Fully Enclosed and Secure Structure that otherwise meets the requirements of this section shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee;

2)

If there is more than one owner of the residence, all owners must have acknowledged, consented to and granted permission to the authorized grower for the cultivation. The written consent shall be dated and signed by the owner or owners of the residence.

3)

The written consent shall be valid for twelve (12) months from the signing of the written consent. If ownership of the residence changes during the twelve (12) months period after the previous owner or owners had granted permission for the cultivation, the authorized grower must obtain, with thirty (30) days of the change of ownership, a new permission statement from the new owner or owners of the residence; and

4)

Upon request, the authorized grower shall provide the written consent from the owner or owners of the residence as proof that the owner or owners have acknowledged, consented to and granted permission to the authorized grower.

5)

The area of cultivation shall not adversely affect the health or safety of the occupants of the private residence or the parcel on which the residence is located or any other property by creating dust, noise, noxious gasses, smoke, odors, vibration, mold, or other impacts, and shall not be maintained as to constitute a hazard due to use or storage of materials, processes, products or wastes.

6)

The area used for cultivation shall comply with all California Building, Electrical, Fire, Mechanical and Plumbing Codes as adopted and amended by Chapter 4 (Building and Housing) of the Novato Municipal Code; and (1) the private residence must have a permanent connection to a public water source drawing water, (2) the cultivator may not engage in unlawful or unpermitted surface drawing of water for such cultivation, (3) the cultivator may not permit illegal discharges of water from the parcel, and (4) the residence where the cultivation takes place shall be connected to a public sewer system.

7)

The cannabis plants shall be in a locked space so to prevent access by children (except as may otherwise be permitted by state law with respect to the cultivation of medicinal cannabis by qualified patients and/or primary caregivers), visitors, casual passersby, vandals, or anyone not authorized to possess cannabis.

8)

Adequate mechanical locking or electronic security systems must be installed as part of the Fully Enclosed and Secure Structure or the private residence prior to the commencement of cultivation.

9)

A portable fire extinguisher that complies with the regulations and standards adopted by the state fire marshal and applicable law shall be kept in the Fully Enclosed and Secure Structure used for cannabis cultivation. If cultivation occurs in a private residence, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

G.

Outdoor cannabis cultivation—Personal Use. Outdoor cannabis cultivation is prohibited under this Section and shall constitute a public nuisance. No personal cultivation of cannabis may occur except within a private residence or Fully Enclosed and Secure Structure.

H.

Cannabis Cultivation Activities Prohibited Unless Specifically Authorized by this Section. Except as specifically authorized in this section, the cultivation of cannabis for personal use is expressly prohibited in the City of Novato.

I.

Enforcement.

1.

Nuisance. Any violation of this Section is declared to be a public nuisance and may be abated by the city pursuant to Section 1-6 of this Code.

2.

Penalty. A violation of this section is punishable as a criminal offense in accordance with Section 1-5 of this Code. However, notwithstanding anything in this code to the contrary, persons violating this section shall not be subject to criminal liability under this Code solely to the extent such conduct or condition is immune from criminal liability pursuant to state law, including the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5), the Medical Marijuana Program (Health and Safety Code Section 11362.7 et seq.), the Medicinal and Adult-Use Cannabis Regulation and Safety Act or the Control, Regulate and Tax Adult Use of Marijuana Act, as they may be amended. This section does not prohibit the city from abating violations of this section by any administrative, civil or other non-criminal means.

(Ord. No. 1643, § 3, 10-9-2018)

19.34.066 - Cannabis—Commercial Activities. ¶

A.

Purpose and Intent. This section is not intended to give any person or entity authority to operate a commercial cannabis business. That authorization is granted through a licensing process, established in Section 8-11 of the Novato Municipal Code. The purpose of this section, together with Table 2-7 of Section 19.12.030 and Section 19.14.030(B), is to establish the allowable locations and operational limitations of commercial cannabis activities.

B.

Applicability. Nothing in this section shall be construed to allow any conduct or activity relating to the cultivation, manufacture, distribution, dispensing, sale, or consumption of cannabis that is otherwise illegal under local or state law, nor shall it be construed, to exempt any cannabis activity from any applicable electrical, plumbing, or other building permit or any land use standard or permitting requirements. No provision of this section shall be deemed a defense or immunity to any action brought against any person by the Marin County District Attorney's office, the Attorney General of the State of California or the United States of America.

C.

Limitations on Activities. Table 2-7 of Section 19.12.030 establishes the specific types of commercial cannabis activities which can be permitted through the licensing process established in Novato Municipal Code Section 8-11. Section 8-11 also establishes the maximum allowable number of each activity or license type.

D.

Approval Authorities. All newly established commercial cannabis activities must be approved by the City Council. Subsequent renewals may be granted by the City Manager or designee. A Zoning Clearance, signed by the Community Development Director or designee, is required prior to initiation of commercial cannabis activities. The City Council may adopt resolutions as well as administrative forms and procedures in order to establish operational requirements, standardize the approval process and for record keeping.

E.

Prohibited Activities. The following commercial cannabis activities are prohibited.

1.

No outdoor or mixed light cultivation is allowed.

2.

No storefront retail sales are allowed.

3.

Microbusinesses shall not include storefront retail sales.

F.

Location Standards. Commercial cannabis operations require distance separation from the potentially sensitive uses listed below. Distances are measured in a straight line from the nearest boundary of the commercial cannabis premises to the nearest boundary of the premises of the sensitive use. Separation requirements will be determined at the time the Conditional Certificate is issued and do not apply to sensitive uses established after a Conditional Certificate has been awarded by the licensing authority.

1.

Youth facilities including schools providing instruction in kindergarten or any grades 1 through 12, daycare centers or Youth Centers.

a.

Testing laboratories locating on a property carrying a Business & Professional Office zoning or general plan land use may be required to maintain a separation of 0-feet to 300-feet, depending upon specific location and as determined appropriate by the licensing authority.

b.

All other commercial cannabis uses in all other zone districts or land use categories where the use is allowed shall maintain a minimum separation of 600-feet.

2.

Residential. Non-storefront retailers locating on a property carrying a Business & Professional Office zoning or general plan land use designation shall maintain a minimum separation of 600-feet from any residentially zoned property.

(Ord. No. 1656, § V, 11-12-2019; Ord. No. 1674, § V, 12-14-2021)

19.34.070 - Child Day Care Facilities. ¶

This Section provides location and operational standards for child day care facilities, in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes effects on adjoining properties. These standards apply in addition to the other provisions of this Zoning Ordinance and the requirements of the California Department of Social Services. Licensing by the Department of Social Services is required for all facilities.

A.

Applicability. Child day care facilities shall be allowed as follows:

1.

Small Family Day Care Homes (8 or Fewer Children). Allowed within a single-family residence located in a residential zoning district.

2.

Large Family Day Care Homes (9 to 14 Children). Allowed within a single-family residence located in a residential zoning district.

3.

Child Day Care Centers (15 or More Children). Allowed in the zoning districts determined by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), subject to Use Permit approval, in compliance with Section 19.42.050, and the standards as follows:

a.

The minimum parcel size for a child day care center shall be 10,000 square feet;

b.

Off-street parking shall be as determined through Use Permit approval, but shall be a minimum of one space per employee on the largest shift.

c.

A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility.

d.

Potential noise sources shall be identified during the Use Permit process, and noise attenuation and sound dampening shall be addressed. Noise levels shall comply with and Section 19.22.060 (Noise), and the Safety and Noise Chapter of the General Plan.

Alternative Standards. Alternatives to the standards of this Section may be authorized through the Use Permit approval if the Review Authority determines that:

(1)

The intent of these standards is met; and

(2)

There will be no detriment to surrounding properties or residents.

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

19.34.071 - Supportive Housing. ¶

A.

Supportive Housing. Where allowed in the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), supportive housing shall satisfy the requirements of this section and satisfy the requirements of Sections 65650 through 65656 of California Government Code.

1.

Definitions. For the purposes of this Section 19.34.071, the term "supportive housing" shall have the same meaning as set forth in Section 65650 of the California Government Code.

2.

Application Submittal, Review, and Approval Process.

a.

Application Submittal. A Zoning Clearance Application shall be submitted to the Community Development Department for review, and shall include the Zoning Clearance fee, as detailed on the City's Master Fee Schedule; sufficient documentation that the use will comply with Sections 65651 and 65652 of California Government Code, and those submittal requirements established by the Community Development Department.

b.

Review Timelines. The City shall comply with the review timelines consistent with Section 65653 of California Government Code.

3.

Development Standards.

a.

New buildings. When new buildings are proposed to be constructed to house a supportive housing use, the building and site design shall comply with Division 19.27 of the Novato Municipal Code.

Additions to existing buildings. When an addition to an existing building is proposed, and the addition does not exceed twenty-five (25) percent of the gross floor area of the existing building, the addition shall use the same building materials and colors of the existing building. When an addition to an existing building is proposed that exceeds twenty-five (25) percent of the gross floor area of the existing building, the entire building (existing building and proposed addition) shall comply with Division 19.27.

c.

Façade remodels. If a façade remodel is proposed, and the area of the façade remodel does not exceed twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the exposed building and siding materials and colors shall be the same as that of the existing façade proposed to be remodeled. If a façade remodel is proposed, and the area of the façade remodel exceeds twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the remodel shall comply with Division 19.27 of the Novato Municipal Code.

d.

Notwithstanding the requirements of subsections b. or c., immediately above, a Developer may voluntarily propose an addition or façade remodel that complies with Division 19.27 regardless of the size of the addition or façade remodel.

e.

A supportive housing center shall comply with all other applicable development and performance standards detailed in Article 2 and Article 3 of Chapter XIX (Zoning) of the Novato Municipal Code.

(Ord. No. 1718, § 3(Exh. B), 9-10-2024)

19.34.072 - Emergency Shelters. ¶

A.

Emergency Shelters are permitted in the Novato Industrial Park within the Hamilton and Ignacio Industrial Parks as set forth and subject to the standards provided in the Novato Industrial Park Master and Precise Development Plan.

B.

Emergency Shelters. Where allowed in the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), emergency shelters shall comply with the requirements of subsections C. through E., inclusive. These subsections are not applicable to temporary emergency shelters established by the City in response to an emergency event.

C.

Application Submittal, Review, and Approval Process. A Zoning Clearance Application shall be submitted to the Community Development Department for review, and shall include the Zoning Clearance fee, as detailed on the City's Master Fee Schedule and documentation demonstrating that the use will comply with the Novato Municipal Code, applicable State regulations, and those submittal requirements established by the Community Development Department.

D.

Location of Emergency Shelters. Emergency shelters shall be located a minimum distance of 300 feet from any other emergency shelter.

E.

Emergency shelters shall comply with the following development and operational standards. In the event of a conflict between these standards and the underlying zoning district regulations, the provision of this section shall apply.

1.

Development and Operational Standards.

a.

Number of beds per facility. The maximum number of beds or clients permitted to be served nightly shall not exceed 50 persons or shall comply with a lower occupancy limit as determined by the California Building Code.

b.

Parking. Off-street parking shall be provided consistent with the objective requirements of Division 19.30, provided that an emergency shelter shall not be required to provide more parking than other residential or commercial uses within the same zone.

c.

An indoor onsite waiting area of no less than 275 square feet shall be provided.

d.

On-site management shall be provided during all hours when the emergency shelter is in operation.

e.

On-site security shall be provided during all hours when the emergency shelter is in operation.

f.

Limited Terms of Stay. The maximum overnight stays for each shelter visitor shall not exceed 180 days in any 12-month period. No individual or household may be denied emergency shelter because of an inability to pay for services.

g.

Exterior lighting shall be provided for security purposes. Exterior lighting shall consist of Dark Sky certified light fixtures providing a minimum average of 3-foot candles at ground level. The lighting shall be stationary and shielded to avoid spillover onto adjacent lots.

Emergency shelters may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

i.

Central cooking and dining facilities.

ii.

Recreation room.

iii.

Counseling center.

iv.

Childcare facilities.

v.

Other support services that are beneficial to the shelter residents in seeking a permanent residence.

(Ord. No. 1587, § 7(Exh. G), 12-3-2013; Ord. No. 1723, § 3(Exh. A), 3-25-2025)

19.34.073 - Low Barrier Navigation Center. ¶

A.

Where allowed in the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards), a low barrier navigation center shall satisfy the requirements of this section and satisfy the requirements of California Government Code Sections 65660 through 65668.

1.

Definitions. For the purposes of this Section 19.34.073, the term "low barrier navigation center" shall have the same meaning as set forth in Section 65660 of California Government Code.

2.

Application Submittal, Review, and Approval Process.

a.

Application Submittal. A Zoning Clearance Application shall be submitted to the Community Development Department for review, and shall include the Zoning Clearance fee, as detailed on the City's Master Fee Schedule; sufficient documentation that the use will comply with Section 65662 of California Government Code, and those submittal requirements established by the Community Development Department.

b.

Review Timelines. The City shall comply with the review timelines consistent with Section 65664 of the California Government Code.

Development Standards.

a.

New buildings. When new buildings are proposed to be constructed to house a low barrier navigation center use, the building and site design shall comply with Division 19.27 of the Novato Municipal Code.

b.

Additions to existing buildings. When an addition to an existing building is proposed, and the addition does not exceed twenty-five (25) percent of the gross floor area of the existing building, the addition shall use the same exposed building materials and siding and colors of the existing building. When an addition to an existing building is proposed that exceeds twenty-five (25) percent of the gross floor area of the existing building, the entire building (existing building and proposed addition) shall comply with Division 19.27.

c.

Façade remodels. If a façade remodel is proposed, and the area of the façade remodel does not exceed twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the exposed building materials and siding and colors shall be the same as the existing façade proposed to be remodeled. If a façade remodel is proposed, and the area of the façade remodel exceeds twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the remodel shall comply with Division 19.27 of the Novato Municipal Code.

d.

e.

A low barrier navigation center shall comply with all other applicable development and performance standards detailed in Article 2 and Article 3 of Chapter XIX (Zoning) of the Novato Municipal Code.

(Ord. No. 1718, § 3(Exh. B), 9-10-2024)

19.34.074 - Heliports. ¶

A.

Restrictions. It shall be unlawful for any person to cause a helicopter to take off or land within the City other than at a permitted heliport.

B.

Conditions of Approval. The Review Authority shall impose conditions as necessary to comply with the provisions of this Zoning Ordinance and other City regulations, but shall not impose any condition that would

conflict with Public Utilities Code Section 21662.4 pertaining to emergency aircraft flights for medical purposes.

C.

Exemptions. The provisions of this Zoning Ordinance shall not apply to any helicopter operated by the Federal government, or any State, County, or City agency engaged in law enforcement, fire suppression, or going to the aid of any person or the property thereof, provided that the helicopter is operated in compliance with applicable Federal and State regulations and by the authorized personnel of the applicable Federal, State, County, or City agency.

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

19.34.080 - Home Occupations. ¶

This Section provides location and operational standards for the establishment of home businesses, in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), which shall be subject to the following criteria and standards:

A.

Permit Requirement. The Director is authorized to approve a home occupation in conjunction with a City Business License.

B.

Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1.

Allowed Home Occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section:

a.

Art and craft work (ceramics, painting, photography, sculpture, etc.);

b.

Tailors, sewing, etc.;

c.

Office-only uses, including an office for an architect, attorney, consultant, counselor, insurance agent, tutor, writer, etc., and electronic commerce.

2.

Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a.

Adult entertainment activities/businesses;

b.

Animal hospitals and grooming facilities;

c.

Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;

d.

Commercial cabinet or furniture making;

e.

Contractor's storage yards;

f.

Dismantling, junk, or scrap yards;

g.

Exercise studios (not including one-on-one personal trainers);

h.

Medical clinics, laboratories, or doctor's offices;

i.

Personal services as defined in Article 6, but not including licensed massage therapists and physical therapists;

j.

On-site sales;

k.

Uses which require explosives or highly combustible or toxic materials;

l.

Welding and machine shop operations; or

m.

Other uses the Director determines to be similar to those listed above.

C.

Operating Standards. Home occupations shall comply with all of the following operating standards:

1.

Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2.

Location of Home Occupation Activities. All home occupation activities shall occur entirely within:

a.

The main dwelling and shall not exceed 25 percent of the gross floor area or one room, whichever is greater; or

b.

The garage or other approved accessory structure. Use of a garage shall not interfere with the ability to maintain the required number of off-street parking spaces within the garage.

3.

Visibility. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public right-of-way, or from neighboring residential properties.

4.

Display, Signs. There shall be no window display or advertising signs, other than one name plate not exceeding one square foot in area. There shall be no display of merchandise, equipment, stock-in-trade, or other identification of the home occupation activity on the premises.

5.

Parking. The use shall not negatively impact on-street parking in the neighborhood.

6.

Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the Novato Fire Protection District.

7.

Off-site Effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

8.

Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9.

Customers or Deliveries. The frequency of visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence. On-site presence of clients shall be limited to one client or family at a time.

10.

Motor Vehicles. There shall be no motor vehicles used or kept on the premises, except residents' passenger vehicles, or pickup truck not exceeding one-ton carrying capacity. The keeping of vehicles on the site shall also comply with the provisions of Section 19.34.170 (Vehicle Parking in Residential Zones).

11.

Utility Services Modifications. The home occupation use shall not have utility services modifications, other than those required for normal residential use, that would be classed as commercial or industrial in load or design.

12.

Sale, Storage or Distribution of Goods. Articles stored for distribution or sale at off-premise locations shall be limited to those produced on the premise. Where the person conducting the home occupation serves as an agent or intermediary between off-site suppliers and off-site customers, all articles, except samples, shall be received, stored and sold to customer at off-premise locations.

D.

Revocation of Permit. Upon receipt of complaint regarding the operation of the home occupation or upon observation of a violation of City ordinances, the Director, or designated representative, shall determine whether the subject home occupation is in compliance with the provisions of the permit. If the use is found not to be in full compliance with the standards and conditions of approval, the Director shall have cause to suspend or revoke the permit or amend operational conditions. Once a zoning permit for a home occupation has been revoked, continued practice of the home occupation at that location is no longer permitted and subsequent applications shall not be filed within one (1) year from the date of revocation.

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

19.34.090 - Live/Work Projects ¶

This Section provides standards for the development of new live/work projects and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities. Live/work facilities are intended to be occupied by business operators who live in the same structure that contains the commercial activity or industry.

A.

Limitation on Use. The non-residential component of a live/work project shall be a use allowed within the applicable zoning district by Article 2.

B.

Access. Access to individual live/work quarters shall be provided only from common access areas, corridors, or halls. The live/work quarters shall have an access clearly separate from other live/work quarters or other uses within the structure.

C.

Density. Density for live/work projects shall be consistent with the floor area (FAR) for the underlying zoning district.

D.

Minimum Floor Area. The minimum net floor area of a live/work space shall be 750 square feet. A minimum of 30 percent of the gross floor area shall be for studio/business use.

E.

Occupancy. Live/work quarters shall be occupied and used only by a business operator, or a family of which at least one member shall be the business operator.

F.

Residential Uses. All of the live/work quarters shall be used or arranged for residential purposes (e.g., bathroom, closet, kitchen, and sleeping area).

G.

Signs. There shall be no signs or advertising used in conjunction with a live/work facility other than allowable residential signs in compliance with Division 19.32 (Signs).

H.

Parking. Each live/work unit shall be provided with at least two off-street parking spaces. The Director may modify this requirement with regard to the use of existing structures with limited parking.

I.

Prohibited Uses. Live/work quarters shall not be established or used in conjunction with the following activities:

1.

Adult businesses;

2.

Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

3.

Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

Welding, machining, or any open flame work; and

5.

Any other uses, as determined by the Director to not be compatible with residential activities.

J.

Open Space. A minimum open outdoor space area of 150 square feet shall be required for each live/work unit in accordance with the standards in Section 19.34.124B.2.

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

19.34.100 - Mixed-Use Projects. ¶

This Section provides standards for the design of mixed-use projects.

A.

Design Considerations. Mixed use projects shall be designed to achieve the following objectives:

1.

The design of mixed-use projects shall provide for internal compatibility between the different uses.

2.

In order to properly mix residential and nonresidential uses on the same site, potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on residents shall be minimized.

3.

The design of the mixed use project shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts.

4.

The design of a mixed-use project shall ensure that the residential units are of a residential character, and that privacy between residential units and between other uses on the site are maximized.

5.

The design of the structures and site planning shall encourage integration of the street pedestrian environment with the nonresidential uses through the use of plazas, courtyards, walkways, and street furniture.

6.

Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of scale, building design, color, exterior materials, roof styles, lighting, landscaping, and signage.

B.

Preferred Mix of Uses. Mixed-use projects that provide commercial and/or office space on the ground floor with residential units above (vertical mix) are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal mix).

C.

Floor Area Ratio (FAR). The FAR allowed by the applicable zoning district may be increased within the Downtown Core Retail, Downtown Core Business and Neighborhood Commercial districts pursuant to Section 19.12.040, Table 2-8, and for projects in the Mixed Use district pursuant to Section 19.14.040, Table 2-10, where the difference between the base FAR and up to the maximum FAR allowed by the applicable zoning district is entirely used for residential purposes.

D.

Location of Units. Within the CDR and CDB Zoning Districts, residential units shall only be allowed on upper floors or at the rear of the ground level, with ground floor street frontage reserved for retail, entertainment, and personal service uses.

E.

Setbacks. Structures with heights greater than 20 feet shall set back the upper portions of the structure a minimum of 10 feet from the side property lines for each additional story above two.

F.

Loading Areas. Commercial loading areas shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project.

G.

Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and non-residential uses.

H.

Lighting. Lighting for the commercial uses shall be appropriately shielded to not negatively impact the residential units.

I.

Noise. All residential units shall be designed to minimize adverse impacts from non-residential project noise, in compliance with Section 19.22.060 (Noise).

J.

Hours of Operation. The Review Authority may restrict the hours of operation of nonresidential to mitigate adverse impacts on residential uses.

K.

Open Space. A minimum outdoor open space area of 150 square feet shall be required for each live/work unit in accordance with the standards in Section 19.34.124B.

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

19.34.110 - Mobile Homes. ¶

This Section provides requirements and development standards for the use of mobile homes as single-family dwellings outside of mobile home parks.

A.

Site and Coach Requirements. A mobile home may be located on a parcel outside of a mobile home park if the mobile home and the parcel comply with the following standards:

1.

The parcel is within a zoning district which allows single-family dwellings;

2.

The site and coach shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family residential dwelling on the same parcel;

3.

The mobile home shall be placed on a permanent foundation system;

4.

The mobile home is certified under the National Mobile Home Construction and Safety Standards Act of 1974, and has been constructed after January 1, 1989;

B.

Design and Development Standards. The use of a mobile home for a single-family dwelling or an accessory dwelling unit shall comply with the following standards:

1.

The exterior siding and trim shall be of materials and treatment found in conventionally built residential structures in the surrounding area.

2.

The roofing material shall be of a material and treatment found on conventionally built residential structures in the surrounding area.

3.

The exterior roofing and siding materials and treatment, including trim, of the mobile home and the required garage shall be compatible.

The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the home.

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

19.34.120 - Mobile Home Parks and Mobile Home Subdivisions.

New mobile home parks and mobile home subdivisions shall comply with the following minimum standards. The Review Authority may impose other, more restrictive, requirements in the interest of public health, safety, and welfare.

A.

Minimum Site Area: 20 acres.

B.

Minimum Mobile Home Site Area. Individual mobile home sites and contiguous public walkway and greenbelt, but excluding slopes in excess of 15 percent, shall contain a minimum of 3,000 square feet of area for a singlewide mobile home unit and 4,000 square feet for a double-wide mobile home unit.

C.

Maximum Density. Seven units per acre, excluding slopes in excess of 15 percent.

D.

Setbacks. Minimum setbacks for individual sites within the park shall be five feet on all sides, including front and rear, except for any side or rear abutting the project property line, in which case the minimum setback shall be 20 feet.

E.

Parcel Dimensions. Individual mobile home parcels shall be a minimum of 40 feet in width and 70 feet in length.

F.

Parcel Coverage. Maximum site coverage shall comply with the requirements of the applicable zoning district.

G.

Boundary Greenbelt Building Setback. Each park shall provide a building setback and a greenbelt planting strip of at least ten feet in width where trees shall be planted and where general screening and/or a fence shall be provided. Where any portion of the park fronts on a public street, the setback shall be 25 feet.

H.

Parking. Parking shall be provided in compliance with Division 19.30 (Parking and Loading).

I.

Recreational Vehicle Parking. Supplemental parking areas for recreational vehicles if these are allowed to be kept within the mobile home park.

J.

Carport Facilities. Individual carport facilities for each mobile home site shall be provided as part of the development. The location and design shall be approved as part of the total plan.

K.

Community Center Area. A minimum of 500 square feet of net useable area per unit shall be provided for a combination of both indoor and outdoor community recreation and service facilities. The minimum amount of indoor facilities shall be provided on the basis of 50 square feet per unit for the first 150 units and ten square feet for each additional unit.

L.

Accessory Uses Allowed. A mobile home park may contain accessory uses for the convenience of the residents provided that these uses shall be located within the park interior.

M.

Perimeter Wall/Fence Required. A six-foot high solid masonry wall, or a solid wood fence with masonry posts spaced at intervals not less than 30 feet apart shall be provided around the entire perimeter of the mobile home park subject to compliance with the setback requirements of this Section.

N.

Individual Site Design. Individual mobile home sites shall be so designed as to conceal the wheel assemblies and to provide grade entrances for all mobile home units. Concealment shall not be by "skirting" alone, but, may be a combination of grading and "skirting." Where mobile home sites are graded into stepped pads, there shall be no more than a three-foot vertical elevation difference between pads.

O.

Completion of Community Facilities. Prior to occupancy of the mobile home park, not less than 50 mobile home lots and the entire planned community recreation and service areas, both indoor and outdoor, shall be completely prepared and ready for use. The development of the community recreation and service areas may be accomplished in stages provided it has been approved in the conditions of the Use Permit.

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

19.34.124 - Multi-Family Dwellings. ¶

Multi-family dwellings within the R10 and R20 zoning district shall be designed in compliance with the standards of this Section.

A.

Exterior Wall Requirements. Each dwelling unit within a multi-family project shall be designed to have at least two exterior walls that are not common to any other enclosed space. Each of the required exterior walls shall have no dimension less than eight feet.

Open Space Requirements.

1.

Area Required. A multi-family project shall provide usable open space as follows:

Zoning District	Minimum Open Space Area per Unit
R10-4.5	500 sf
R10-3.5	400 sf
R10-2.5 and 2.2	300 sf
R20-2.0	200 sf
R20-1.5 and 1.8	150 sf

2.

Standards for Required Open Space.

a.

The minimum open space area required by this Section shall have no other primary use.

b.

At least one-half of the required open space shall be immediately available to and private for the occupants of each dwelling unit, while the remainder may be combined in common areas available to other residents of the project.

c.

The open space area may include a deck or balcony having no dimension less than six feet.

d.

Front yard setbacks may be used only as common open space areas, except for allowable deck projections.

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

19.34.126 - Single-room Occupancy (SRO) Facility. ¶

A.

Where allowed in the applicable zoning district by Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards), a Single-room Occupancy (SRO) Facility shall satisfy the requirements of this section.

B.

Development Standards.

Single-room Occupancy Facilities.

a.

Density. An SRO Facility shall meet the density standards of the General Plan.

b.

Common Area. Four square feet of common area per SRO dwelling unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. The common area shall not be used for any other use.

c.

Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every 10 SRO living units or fractional number thereof, with at least one washer and one dryer on each floor that includes SRO dwelling units.

d.

Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility with SRO dwelling units.

2.

Single-room Occupancy Dwelling Units.

a.

Unit Size. An SRO dwelling unit shall have a minimum floor area of 150 square feet and a maximum floor area of 400 square feet.

b.

Occupancy. An SRO dwelling unit shall accommodate a maximum of two persons.

c.

An SRO dwelling unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

d.

Kitchen. An SRO dwelling unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen on each floor of the SRO Facility with SRO dwelling units.

e.

Closet. Each SRO dwelling unit shall have at least one separate closet.

f.

Code Compliance. SRO dwelling units shall comply with all requirements of the California Building Code and Chapter IV of the Novato Municipal Code.

C.

Accessibility. All SRO dwelling units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

D.

Management.

1.

Facility Management. An SRO Facility with ten (10) or more units shall provide a manager that resides on-site. An SRO Facility with less than ten (10) units shall provide an on-site management office. Facility management shall have weekly office hours of at least twenty-four (24) hours per week, and a minimum of three (3) days per week. Office hours shall be within the time range of 7:00 AM and 8:00 PM.

2.

Management Agreement and Plan. A management agreement and plan shall be submitted with the Zoning Clearance application for an SRO Facility and shall be approved by the City. The management agreement and plan shall include the items listed in Section 4-15.03.

E.

Parking. Off-street parking shall be provided at a rate of 0.5 spaces per SRO dwelling unit and comply with the parking design standards detailed in Section 19.30.070. Secure bicycle parking shall be provided at a rate of 1.0 spaces per SRO dwelling unit and comply with the parking design standards detailed in Section 19.30.090.B.

F.

Tenancy. Tenancy of SRO shall be limited to thirty (30) or more days. Short-term rentals are not permitted.

G.

Existing Structures. An existing structure may be converted to an SRO Facility, consistent with the provisions of this section.

H.

Periodic Housing Inspection Program. An SRO Facility shall be subject to the requirements of Section 4-14.

Development Standards.

1.

New buildings. When new buildings are proposed to be constructed, the building and site design shall comply with Division 19.27 of the Novato Municipal Code.

2.

Additions to existing buildings. When an addition to an existing building is proposed, and the addition does not exceed twenty-five (25) percent of the gross floor area of the existing building, the addition shall use the same exposed building materials and siding and colors of the existing building. When an addition to an existing building is proposed that exceeds twenty-five (25) percent of the gross floor area of the existing building, the entire building (existing building and proposed addition) shall comply with Division 19.27.

3.

Façade remodels. If a façade remodel is proposed, and the area of the façade remodel does not exceed twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the exposed building materials and siding and colors shall be the same as that of the existing façade proposed to be remodeled. If a façade remodel is proposed, and the area of the façade remodel exceeds twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the remodel shall comply with Division 19.27 of the Novato Municipal Code.

4.

Notwithstanding the requirements of subsections 2. or 3., immediately above, a Developer may voluntarily propose an addition or façade remodel that complies with Division 19.27 regardless of the size of the addition or façade remodel.

5.

A Single-room Occupancy Facility shall comply with all other applicable development and performance standards detailed in Article 2 and Article 3 of Chapter XIX (Zoning) of the Novato Municipal Code.

J.

Application Submittal, Review, and Approval Process.

1.

Application Submittal. A Zoning Clearance Application shall be submitted to the Community Development Department for review, and shall include the Zoning Clearance fee, as detailed on the City's Master Fee Schedule; plans and documents sufficient to demonstrate compliance with the development standards, design standards, and management requirement of this section; and those submittal requirements established by the Community Development Department.

2.

Review Timelines. An application shall be reviewed for completeness pursuant to Section 65943 of the California Government Code. Once an application has been deemed complete pursuant to Section 65943 of

the California Government Code, a decision regarding the application shall be made pursuant to the timelines of Section 65950 of the California Government Code.

(Ord. No. 1718, § 3(Exh. D), 9-10-2024)

19.34.130 - Outdoor Dining, Display, and Sales. ¶

This Section provides development and operational standards for outdoor uses, including temporary outdoor display and sales, permanent outdoor display and sales and outdoor dining and seating areas.

A.

Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales are allowed only in accordance with the following standards:

1.

Commercial Industrial Zones. Except for sale of certain seasonal products permitted in accordance with Section 19.42.040.D.8, temporary outdoor displays and sales shall be allowed in commercial or industrial districts only if:

a.

The merchandise is regularly sold indoors on the same site.

b.

Merchandise displays shall be located immediately adjacent to the sidewalk or the primary structure where the items are sold indoors.

c.

Merchandise shall be displayed in a planned, orderly and attractive manner as an extension of the window display and shall not constitute an expansion of the retail floor area (such as clothing racks).

d.

Merchandise displays shall not interfere with adjacent business displays, storefront, access, on-street parking or visibility.

e.

Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt pedestrian traffic or obstruct access to on-street parking areas or driveways or encroach on landscape areas.

f.

Display fixtures shall be of good quality, sturdy, durable materials and construction.

g.

Merchandise displays shall not exceed a height of 8 feet above the sidewalk.

h.

Types of merchandise shall be rotated or changed periodically.

i.

Displays shall be removed during non-business hours.

2.

Downtown Core. Temporary outdoor displays and sales in compliance with Section 19.34.130 A.1 above shall be permitted on the sidewalk in the Downtown Core Retail and Business districts with a license agreement pursuant to Section 15-4 of the Novato Municipal Code.

3.

Residential Zones. In residential districts, garage sales, yard sales, or estate sales are permitted for no more than three (3) consecutive days within a ninety (90) day period.

B.

Temporary Seasonal Outdoor Displays and Sales. Temporary Use Permit approval shall comply with Section 19.42.040 (Temporary Use Permits), and shall include conditions of approval addressing the following issues, where applicable:

1.

Regulation of nuisance factors (e.g., prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration);

2.

Regulation of operating hours and days, including limitation of the duration of the activity;

3.

Adequate temporary parking facilities, vehicular and pedestrian circulation, including vehicular ingress and egress, and public transportation, if applicable, in compliance with 19.30 (Parking and Loading);

4.

If applicable, performance security to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the activity, the property would be cleaned of debris, litter, or any other evidence of the temporary event upon completion or removal of the event, and restored to the former condition;

5.

Sanitary facilities, as deemed appropriate;

6.

Security and safety measures, if applicable and as deemed appropriate;

7.

Appropriate setbacks to ensure adequate separation from adjoining land uses and a safe environment for vehicles and pedestrians;

8.

Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal; and

9.

Other conditions that would ensure the orderly and efficient operation of the proposed temporary activity.

C.

Permanent Outdoor Displays on Private Property. The permanent outdoor display/sale of merchandise is allowed subject to the approval of a Use Permit, and Design Review where in accordance with the following standards:

1.

The outdoor display of merchandise shall not exceed a height of 8 feet above finish grade, unless a greater height is allowed by a Use Permit.

2.

Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed by a required Use Permit.

3.

Displayed merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct sight distance visibility areas or otherwise create hazards for vehicle or pedestrian traffic.

4.

The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

5.

Outdoor sales and activity areas other than those for auto display and sales shall be screened from adjoining public rights-of-way by decorative walls, fences, sight-obscuring mesh, and/or landscaping in compliance with 19.20.090 (Screening).

6.

Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

Security lighting and glare controls.

D.

Outdoor Dining and Seating Areas. Outdoor dining and seating areas on private property are allowed, subject to the approval of a Use Permit and Design Review where applicable, and the following standards:

1.

Parking shall be provided in compliance with Division 19.30 (Parking and Loading).

2.

Outdoor dining areas shall:

a.

Be cleaned on a continual basis for removal of litter and food items which would constitute a nuisance to the public health, safety, and general welfare of the patrons and the community; and

b.

Contain waste receptacles for use by the public and/or restaurant employees.

3.

The following standards are intended to ensure compatibility with surrounding uses and a high standard of quality:

a.

Outdoor dining and seating areas:

(1)

And associated structural elements, awnings, covers, furniture, umbrellas or other physical elements that are visible from public rights-of-way, shall be compatible with the character of the main structures;

(2)

That provide entertainment, or amplified music may require the preparation of a noise analysis with appropriate mitigation measures, including limited hours of operation;

(3)

Shall not obstruct vehicular or pedestrian traffic flow and shall not necessitate the removal of existing vehicular or pedestrian movement areas; and

(4)

Shall be designed to mitigate noise and odor impacts on nearby residential areas.

b.

The use of awnings, plants, umbrellas, and other human-scale elements is encouraged to enhance the pedestrian experience.

4.

Downtown Core Retail and Business Districts. Outdoor dining and seating areas may be permitted within the public right-of-way if a license agreement is issued pursuant to Section 15-4 of the Novato Municipal Code. The standards in Section 19.34.130D above shall be applicable to the establishment and use of the outdoor dining and seating areas.

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

19.34.140 - Outdoor Storage. ¶

This Section provides standards for the establishment of outdoor storage areas, in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards):

A.

Screening Required. Where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of 6 feet in height in conjunction with landscape screening.

B.

Outdoor Storage of Vehicles. Refer to Section 19.34.170 (Vehicle Parking in Residential Zones) and 19.34.180 (Vehicle Repair in Residential Zones).

C.

Review and Approval Process. Any use proposing outdoor merchandise display or other outdoor business activities shall be subject to review and approval in compliance with 19.34.130 (Outdoor Dining, Displays and Sales), above.

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

19.34.150 - Recycling Facilities. ¶

This Section provides locational and operational standards for the establishment of various types and sizes of commercial recycling facilities, in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards). Recycling facilities shall comply with the following standards:

A.

Reverse Vending Machines. Reverse vending machines shall comply with the following standards:

1.

Accessory Use Only. The machines shall be installed only as an accessory use to a primary permitted use in compliance with the applicable provisions of this Zoning Ordinance, and shall not require additional parking.

2.

Location Requirements. If located outside of a structure, the machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof materials.

3.

Maximum Size. When located outdoors, the area occupied by the machines shall not exceed 50 square feet, nor eight feet in height, including any protective enclosure.

4.

Signs. Signs shall not exceed a maximum area of four square feet for each machine, exclusive of operating instructions.

5.

Hours of Operation. The machines shall have operating hours which are consistent with the operating hours of the primary use.

6.

Lighting. The machines shall be illuminated when needed to ensure comfortable and safe operation, in compliance with 19.22.080 (Outdoor Light and Glare).

B.

Small Collection Facilities. Small collection facilities shall comply with the following standards:

1.

Location Requirements. Small collection facilities shall:

a.

Not be located within 50 feet of any parcel zoned or occupied for residential use; and

b.

Be set back at least 10 feet from any public right-of-way, private street, or driveway and not obstruct vehicular or pedestrian circulation.

2.

Maximum Size. A small collection facility shall not occupy more than 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3.

utilized during the time the recycling facility would be on the site.

C.

Large Collection Facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards:

1.

Location Requirements. The facility shall not abut a parcel zoned for residential use.

2.

Container Location. Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and

3.

b.

A minimum term of 30 years on the set aside units; and

c.

Compliance with the agreement shall be reviewed annually by the Director.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1723, § 3(Exh. B), 3-25-2025)

19.34.164 - Residential Subdivision Architectural Design Standards. ¶

Proposed residential subdivisions should be designed to avoid identical or similar facades on opposing or adjacent lots. Variation in roof styles, reversed building footprints, and changes in elevation for the same unit floor plan are encouraged.

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

19.34.166 - Tobacco Product Shops. ¶

A tobacco product shop business may be located only in a zoning district where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and only on a site that also complies with the requirements of this Section.

A.

Separation from Incompatible Uses. A tobacco product shop business shall not be located within:

1.

1,000 feet from any school, public park or other land use accommodating or oriented to minors as determined by the Zoning Administrator (for example, video game arcades, skating rinks, pizza parlors, teen centers, etc.); or

2.

500 feet from any residential zoning district or conforming residential use (i.e., mixed use project)

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

19.34.168 - Tattoo Parlors. ¶

A tattoo parlor business may be located only in a zoning district where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and only on a site that also complies with the requirements of this Section.

A.

Separation from Incompatible Uses. A tattoo parlor business shall not be located within:

2.

500 feet from any residential zoning district or conforming residential use (i.e., mixed use project).

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

Size. Agricultural housing units shall be clustered and shall occupy an area of no more than one-half (1/2) contiguous acre per parcel. No more than twelve (12) agricultural worker housing units or a single building that contains no more than thirty-six (36) beds, and other facilities associated with a residence, may be developed within the one-half (1/2) acre area.

C.

Occupancy. Agricultural worker housing shall be occupied by agricultural employees. The family members of an agricultural employee residing in agricultural worker housing are allowed occupants.

D.

Deed Restriction. Prior to the issuance of a building permit for an Agricultural Worker Housing Center, a covenant of restriction to run with the land shall be recorded which specifies that the agricultural worker housing center cannot be sold separately, that the housing shall only be used to house agricultural workers and their families, and that these restrictions shall be binding on successors in ownership.

E.

Development Standards.

1.

New buildings. When new buildings are proposed to be constructed, the building and site design shall comply with Division 19.27 of the Novato Municipal Code.

2.

Additions to existing buildings. When an addition to an existing building is proposed, and the addition does not exceed twenty-five (25) percent of the gross floor area of the existing building, the addition shall use the same exposed building materials and siding and colors as the existing building. When an addition to an existing building is proposed that exceeds twenty-five (25) percent of the gross floor area of the existing building, the entire building (existing building and proposed addition) shall comply with Division 19.27.

3.

Façade remodels. If a façade remodel is proposed, and the area of the façade remodel does not exceed twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the exposed building materials and siding and colors shall be the same as that of the existing façade proposed to be remodeled. If a façade remodel is proposed, and the area of the façade remodel exceeds twenty-five (25) percent of the wall area of the building elevation proposed to be altered, then the façade remodel shall comply with Division 19.27 of the Novato Municipal Code.

4.

5.

An Agricultural Worker Housing Center shall comply with all other applicable development and performance standards detailed in Article 2 and Article 3 of Chapter XIX (Zoning) of the Novato Municipal Code.

(Ord. No. 1718, § 3(Exh. C), 9-10-2024)

DIVISION 19.35 - WATERWAY AND RIPARIAN PROTECTION