Division 19.38 — WIRELESS COMMUNICATIONS FACILITIES

This Division provides standards for the installation of towers, antennas, and other wireless communication facilities to greatly reduce or eliminate adverse economic, safety, or aesthetic impacts on neighboring property owners and the overall community. The intent of this Division is to:

A.

Encourage the location of towers in non-residential areas only and minimize the total number of towers throughout the community;

B.

Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

C.

Encourage users of towers and antennas to locate them in areas where the adverse impact on the community is minimal;

D.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design (use of stealth facilities), siting, landscape screening, and other innovative camouflaging techniques;

E.

Enhance the ability of the providers of wireless communication services to provide services to the community quickly, effectively, and efficiently; and

F.

Consider the public health and safety of communication towers.

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

This Division applies to all proposed antennas and other wireless communication facilities, as follows:

A.

Facilities for which applications were received by the Department but not approved prior to the effective date of this Division, and facilities for which applications are filed after the effective date of this Division, shall comply with the regulations and guidelines of this Division.

B.

Facilities for which applications were approved by the Department and/or building permits issued on or prior to the effective date of this Division shall be exempt from the requirements of this Division, except for

requirements for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed modifications to existing facilities.

C.

This Division does not apply to amateur radio station antennas which meet the height limits of the zoning district in which they are located.

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

A.

Use Permit Required. A Use Permit issued in compliance with section 19.42.050 (Use Permits) shall be required for the following new wireless communication facilities, consistent with all other provisions of this section:

1.

New ground-mounted facilities (on towers and monopoles);

2.

New building-mounted facilities on buildings which do not have existing wireless communication devices;

3.

Any facility which, in conjunction with existing wireless communication facilities in the area, exceeds seventyfive percent (75%) of the standards for permissible human exposure to radio frequency emissions as adopted by the Federal Communications Commission (FCC);

B.

Zoning Clearance Required. A Zoning Clearance in compliance with Section 19.42.020 (Zoning Clearances) shall be issued for the following new wireless communication facilities, consistent with all other provisions of this section:

1.

Co-located facilities on existing and approved ground-mounted facilities (towers and monopoles);

2.

Co-located facilities on buildings which have previously permitted and legal wireless communication devices.

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

An application for administrative approval, a Use Permit, or "Master Use Permit" shall be filed and processed in compliance with Division 19.40 (Permit Application Filing and Processing). Applications shall include a copy of a title report or other legal instrument demonstrating legal access to the proposed site.

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

A.

Height. The maximum height of wireless communication facilities shall be in compliance with the height limitations for the zoning district in which they are located. Antennas or facilities exceeding the height limits may be approved with a Use Permit in compliance with Section 19.42.050 (Use Permits).

B.

Setbacks.

1.

Towers and support structures. Towers, guys, and accessory structures shall comply with the setback requirements of the applicable zoning district.

2.

Attached facilities. An attached wireless communication facility antenna array may extend up to five feet horizontally beyond the edge of the attachment structure regardless of setback requirements provided that the antenna array does not encroach over an adjoining parcel or public right-of-way.

C.

Separation from Off-Site Uses/Designated Areas. Separation requirements for freestanding towers shall comply with the minimum standards established in Table 3-15. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated area.

Table 3-15

Requirements for Separation from Off-Site Uses/Designated Areas

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

All wireless telecommunications facilities shall be sited to avoid or minimize land use conflicts in compliance with the following standards:

A.

Preferred Locations. Location preference for wireless communications facilities should be given to publicly used structures, co-location and shared-location sites, and industrial or commercial sites. Agricultural and open space areas may be preferred sites when the site design of the proposed facility can avoid or minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process.

B.

Avoid Residential, Agricultural, and Open Space Areas. Monopoles for new wireless communications facilities should avoid sites within residential, agricultural, or designated open space or conservation areas unless sufficient technical and other information is provided to demonstrate to the satisfaction of the Review Authority that the following findings can be made:

1.

The location of the proposed facility site is essential to meet the service demands of the carrier and, and no other alternative facility site or type of antenna support structure is feasible. This shall be documented by the applicant providing a list of the locations of preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure the preferred sites, and the specific reasons why those efforts and measures were unsuccessful.

2.

The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources, and public safety.

C.

Avoid Airport Interference. Wireless communications facilities shall not be sited in locations where they will unreasonably interfere with the operation of the Marin County Airport (Gnoss Field).

D.

Locate New Facilities Adjacent to Existing Structures. Wireless communications facilities shall be attached or sited adjacent to existing structures unless the applicant demonstrates to the satisfaction of the City that no other technically feasible site exists or that construction of a freestanding facility on or at a distant location from an existing structure will minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. Appropriate types of existing structures include buildings, water tanks, telephone and utility poles, signage and sign standards, traffic signals, light standards, and roadway overpasses.

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

Co-location and shared location of wireless communications facilities shall be required when it is feasible and minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. Co-location and shared location sites should be not be required when it creates or significantly increases adverse effects and/or the applicant

provides technical evidence that demonstrates to the satisfaction of the City that it is not feasible due to service impairment or operational failures. The following standards should be met to ensure the proper implementation of co-location and shared-location siting:

A.

Analysis of Co-Location and Shared Location Opportunities. To ensure adequate and complete consideration of co-location and shared location siting of proposed wireless communications facilities, the applicant may be required to submit to the City a graphic and written analysis which identifies all technically feasible sites within the coverage area that would accommodate the proposed service. The analysis shall include enough information to provide adequate consideration of technically feasible alternative sites and/or facility designs that would avoid or minimize adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors addressed by the environmental review process. The analysis shall also include the specific factors for selection of the proposed facility site over alternative sites. Facilities that are not proposed to be sited on a co-location or shared location site shall provide information substantiating the infeasibility of these sites. The City may require independent peer review of the analysis prior to making a decision on the permit application. The analysis should, to the extent practical, be incorporated with the required coverage area map.

B.

Facility Leases. Leases that convey exclusive (i.e., single user) rights for new wireless communications facilities to the extent that those leases may preclude development of suitable co-location facilities are discouraged.

C.

Design Facilities for Co-Location. The design of co-location sites should promote shared use among different carriers. To the extent feasible, antenna support and equipment structures should be designed to consolidate future planned facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures. Where appropriate, as demonstrated by the applicant and determined by the City, multiple antenna support structures may be approved (shared location) rather than a single larger/higher structure.

D.

Use Unutilized Space on Existing Facilities. Facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service carriers.

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

A.

RFR Standards. Wireless communications facilities operating alone and in conjunction with other telecommunications facilities shall not produce RFR in excess of the standards for permissible human exposure to RFR as adopted by the Federal Communications Commission (FCC).

B.

RFR report. Applications for wireless communications facilities shall include a radio frequency radiation report which measures the predicted and actual (if available) levels of RFR radiation emitted by the proposed facility operating by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies. The City may require one or more (periodic) postconstruction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone and in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.

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

Wireless communications facilities may be lighted in compliance with the following:

A.

Manually-operated, low-wattage, hooded, and downward-directed exterior lighting shall be allowed for safety purposes only and shall be kept off except when maintenance or safety personnel are present at night.

B.

Tower lighting required under FAA regulations shall, to the greatest extent feasible, be shielded or directed to minimize light and glare impacts on nearby properties and residents.

C.

Nighttime lighting of warning signs required near publicly accessible facilities shall consist of low wattage fixtures, and shall be directed downward and hooded.

D.

Applications for wireless communications facilities shall include a detailed lighting plan including the location and type of all exterior lighting fixtures.

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

Wireless communications facilities shall be served by the minimum roads and parking areas necessary in compliance with the following:

A.

Whenever feasible, existing roads and parking areas shall be used to access and service new telecommunications facilities.

B.

Any new roads or parking areas constructed shall be shared with subsequent telecommunications facilities and/or other permitted uses to the extent feasible.

C.

New access roads constructed in agricultural or open space areas shall have the minimum width and surfacing necessary to meet fire safety and access requirements.

D.

The size of new parking areas shall be limited to the minimum necessary to accommodate vehicles associated with periodic maintenance of the facility.

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

Wireless communications facilities shall be installed in a manner that maintains and enhances existing vegetation. Vegetation protection and facility screening shall be accomplished through the following measures:

A.

Applications for wireless communications facilities shall be accompanied by a landscape plan that shows existing vegetation, indicates any vegetation proposed for removal or trimming, and identifies proposed plantings by type, size, and location. The emphasis of the landscape plan shall be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the adjacent area.

B.

Existing trees to be retained and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement.

C.

All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

D.

No vegetation shall be removed subsequent to project completion except with City approval, to comply with local and State fire safety regulations, to prevent the spread of disease as required by the State Food and Agriculture Department, or to prevent safety hazards to people and property.

E.

Where appropriate, the applicant shall enter into a landscape performance and maintenance contract with the City to ensure the installation and establishment of required landscaping, in compliance with Section 19.28.040.I (Maintenance Contract Required).

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

19.38.120 - Noise and Traffic.

Wireless communications facilities shall be constructed and operated in a manner that minimizes noise and traffic impacts. Noise and traffic reduction shall be accomplished through the following measures:

A.

Wireless communications facilities shall operate in compliance with the noise exposure standards in Section 19.22.070 (Noise).

B.

Normal testing and maintenance activities shall occur between 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding emergency repairs. Normal testing and maintenance activities which do not involve the use or operation of telecommunications and maintenance equipment that is audible from residences and other nearby sensitive receptors may occur at all other times.

C.

Backup generators shall comply with the same noise standards referenced above and shall only be operated during power outages, emergency occurrences, or for testing and maintenance in compliance with Subsection B, above.

D.

Traffic resulting from the operation and maintenance of a wireless communications facility shall be kept to a minimum. Conditions of project approval shall specify a maximum number of trips on a case-by-case basis based upon the carrier's maintenance and testing schedule.

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

Wireless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment in order to reduce visual impacts to the maximum extent feasible. Visual compatibility shall be accomplished through the following measures:

A.

Visual Analysis. Applications for wireless communications facilities shall include a visual analysis of the proposed facility at design capacity, including but not necessarily limited to a photo montage or photo simulation and/or story poles erected at the proposed site or other similar technique. The visual analysis shall address views from public vantage points and private residences if determined appropriate by the Director. The visual analysis shall also depict cumulative conditions by including information pertaining to existing, approved, and proposed telecommunications facilities that will be constructed at the site by all carriers, based upon permit applications which have been filed with or approved by the City. The visual analysis may be expanded to include alternative locations within the proposed service area.

B.

Stealth Design. To the extent feasible, all such facilities shall be designed to blend into the surrounding natural and built environment and be architecturally integrated into structures upon which such facilities are mounted

to appear as an integral part of the structure or otherwise minimize their appearance. The following stealth design techniques are encouraged:

1.

Wall-mounted antennas shall be integrated architecturally with the style, character, materials and color of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly-created architectural feature (e.g., cupolas, dormers, chimneys or steeples) so as to be completely screened from view. To the extent feasible, wall-mounted antennas should not be located on the front, or most prominent facade of a structure, and should be located above the pedestrian line-of-sight.

2.

Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as possible to minimize visibility from street level locations. Where appropriate, construction of a roof-top parapet wall to hide the facility may be required. To avoid or minimize the appearance of visual clutter on rooftops, proposed facilities should, to the extent possible, be located adjacent to existing rooftop antennas or equipment, incorporated into rooftop antenna or equipment enclosures, or otherwise screened from view. In addition, existing rooftop antenna and equipment should be consolidated where practical and shall be removed if not in active use for a period of six months or longer.

3.

Whenever possible, base stations, equipment cabinets, back-up generators, and other equipment associated with building mounted antennas should be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environments. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with the surrounding development and/or land use setting.

4.

In certain open space or hillside locations that would be generally viewed from a distance, it may be appropriate to design facilities to resemble a natural feature (e.g., tree or rock outcrop). Other innovative design solutions may be appropriate where the screening potential of a site is low (i.e., disguise facility as a landscape element, public art, etc.).

5.

Facilities should not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and should not interfere with prominent vistas or significant public view corridors.

C.

View Impacts. Facilities should be sited to avoid adverse impacts to existing views from surrounding residences.

D.

Signage. No advertising signage or identifying logos shall be displayed on any personal wireless communications facility, except for small identification plates used for emergency notification.

E.

Minimum Height. Applicants shall demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site.

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

A wireless communication facility that is not operated for a continuous period of six months shall be considered abandoned, and the property owner shall remove the facility within 90 days of notice from the City. If the facility is not removed within 90 days, the City may remove the facility at the property owner's expense. If there are two or more users of a single wireless communication facility, then these provisions shall not become effective until all users cease using the facility.

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

Nonconforming wireless communication facilities are subject to the requirements of Division 19.52 (Nonconforming Uses, Structures, and Parcels).

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

Modifications to existing facilities shall require Use Permit approval in compliance with Section 19.42.050 (Use Permits).

A.

Minor Modifications. Minor modifications to existing wireless communication facilities may be approved by the Zoning Administrator. Minor modifications include the following:

1.

An increase of up to 10 feet above the allowed height limit of the particular zoning district for existing towers to accommodate co-location or to accommodate an attached facility on an existing structure.

2.

A decrease of up to 10 percent in setback requirements.

B.

Major Modifications. Major modifications to wireless communication facilities shall require Planning Commission approval. Major modifications are any modifications that are not listed as minor modifications.

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

Validation of proper operation. Within 90 days of commencement of operations, the applicant for the wireless communication facility shall provide the Department a report prepared by a qualified engineer, verifying that the operation of the facility is in compliance with the standards established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronic Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation (RFR).

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

DIVISION 19.39 - WOODLAND AND TREE PRESERVATION

The following provisions are intended to promote:

A.

The conservation of native trees, forests and woodlands on private lands, and on both public and private lands during development; and

B.

The regeneration of forest or woodland on agricultural lands that were formerly forest or woodland, or have the potential for supporting forest or woodlands, in lieu of secondary development to residential or commercial use.

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

The provisions of this Section shall apply to all proposed development and new land uses on properties with native tree, forest or woodland resources, as determined by the Director.

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

The land use permit application for any project that is subject to the provisions of this Section shall include the following information in addition to the information and materials required by Division 19.40 (Permit Application Filing and Processing):

A.

Tree Inventory. A site plan showing the locations and types of all existing trees more than three inches in diameter, and noting which trees are proposed to be removed.

B.

Woodland Conservation and Management Plan. A Woodland Conservation and Management Plan shall be provided, prepared by a qualified forest management professional based on the following principles, and shall comply with the standards in Section 19.39.040.

Preservation of stands or groups of native trees are given priority over individual specimens, provided that heritage and specimen trees shall be protected whenever feasible.

2.

Representative species and age diversity (including ratios of age class populations within each represented species) shall be promoted.

3.

Activities that fragment the forest or woodland into small units shall be minimized or restricted.

4.

Components of forest and woodlands other than trees shall be considered in the plan, including lower story shrubs and grasses, all forms of animal life, soil conditions, and microclimate, including drainage, air and water quality, restrictions on human and domestic animal activity or any other activity that could potentially degrade the forest or woodland.

5.

Ecotones and habitat gradients (for example, woodlands to grasslands or wetlands or baylands) shall be preserved and buffered with preserved habitats on each side of the ecotone or habitat gradient.

6.

Linkages and corridors shall be provided between forest areas, and other habitat areas and types on-site, and in similar fashion protect and sustain the natural use and movement of regional and migratory wildlife through and over the site. Linkages and corridors shall have a width of 300 feet where possible.

7.

Provide for the sustainable regeneration of the native woodland through natural processes and, where appropriate, through human intervention.

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

Proposed development that is subject to the provisions of this Section shall be designed and constructed in compliance with the following requirements, except where other mitigation measures are required through project review under the California Environmental Quality Act.

A.

Tree removal shall be avoided by design where possible.

B.

A minimum of 75 percent of existing native trees shall be retained, with optimal and sustainable levels of vegetation age and species diversity.

C.

A minimum of 25 percent of retained native trees shall be in contiguous patches of undisturbed functional forest/canopy as wildlife preserve (minimum patch size and other constraints shall be determined through the environmental review process).

D.

Major acorn, nut, fruit, flower, and food producing trees shall be preserved and protected when possible.

E.

Trees adjacent to riparian corridors, wetlands or seasonal wetlands shall be protected and preserved within buffer zones determined in compliance with Divisions 19.35 (Waterway and Riparian Protection), and 19.36 (Wetland Protection and Restoration).

F.

A mix of snag, dead, and downed material shall be retained in proportion to the natural proportions on the site to provide for habitat diversity.

G.

Where feasible, project design shall provide for on-site tree retention and restoration such that there will be no net loss of trees after project completion. On-site mitigation for resource alteration or removal is preferred to off-site mitigation. Off-site mitigation sites must be within the Novato watershed area as defined by the City's Stream Management Guidelines. Mitigation/replacement ratios shall be determined through analysis of the likelihood of successful replanting as evidenced by soil, hydrologic, irrigation, and other physical and land use conditions, but shall be (dependent upon species, as determined by the Review Authority) not less than 3:1. Plantings shall be from stock generated from on-site resources or local gene pools for each species replanted.

H.

Any project subject to the requirements of this Division shall include a plan for long-term management and maintenance along with a specified funding mechanism. Long-term maintenance and management plans shall include annual inspections and provisions to replace trees or incorporate other protective measures (i.e., browse protection, perimeter fencing, irrigation repair, etc.) as necessary to meet the objectives of the adopted mitigation plan.

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

DIVISION 19.40 - PERMIT APPLICATION FILING AND PROCESSING

This Division provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this Zoning Ordinance.

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

Table 4-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this Zoning Ordinance.

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

When a single project incorporates different land uses or features so that this Zoning Ordinance requires multiple land use permit applications, the Director may determine that all of the applications shall be reviewed, and approved or disapproved, by the highest level Review Authority assigned by Table 4-1 to any of the required applications. (For example, a project that requires a Zoning Map amendment and a Use Permit may be reviewed, and approved or disapproved by the Council (after a recommendation from the Commission), where a Use Permit application by itself may be reviewed and acted upon by the Zoning Administrator.)

Table 4-1

Review Authority

Notes:

(1)

"Recommend" means that the Review Authority makes a recommendation to a higher decision-making body; "Decision" means that the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Division 19.54 (Appeals).

(2)

The Director or Zoning Administrator may defer action on permit applications and refer the items to the Planning Commission for the final decision.

(3)

See Section 19.42.030 for description of Minor and Major Design Review.

(4)

The Director may refer the matter to a Design Review Commission for the final decision.

(5)

The Director may refer the matter to a higher review authority for the final decision.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1628, § 2(Exh. A), 11-14-2017)

The preparation and filing of applications for land use permits, amendments (e.g., General Plan, Zoning Map, and Zoning Ordinance), and other matters pertaining to this Zoning Ordinance shall comply with the following requirements:

A.

Preliminary Review.

1.

In conjunction with the Constraints Analysis identified in Subsection B., below, a prospective applicant or agent is strongly encouraged to request a preliminary review with the Department before completion of project design and the formal submittal of a permit application. A preliminary application is reviewed by the Technical Advisory Committee (TAC), which includes staff from the building, planning and engineering divisions, and the police and fire departments and other responsible agencies as determined appropriate.

2.

A request by an applicant for preliminary review shall be accompanied by preliminary project plans and designs and the required filing fee.

3.

The reviewing TAC members will inform the applicant of requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

4.

Neither the pre-application review nor information and/or pertinent policies provided by the Department shall be construed as a Department recommendation for approval or disapproval of the application/project.

B.

Constraints Analysis. A prospective applicant or agent is strongly encouraged to utilize the City's Constraints Analysis Guidebook before formally applying to the City for the desired land use permit or other approval on sites with high environmental value or significant hazards, as identified by the General Plan, and/or the overlay zoning districts of Division 19.16 of this Zoning Ordinance.

1.

Applicability. The Constraints Analysis Guidebook is a planning tool established by the General Plan to assist applicants in designing and developing a project that minimizes or preferably avoids negative environmental impacts.

2.

Relationship to CEQA Review. Recognizing that project review in compliance with the California Environmental Quality Act (CEQA) is required for all discretionary projects, it is desirable to use the Constraints Analysis Guidebook to improve the overall design of a project at the earliest possible stage of project development.

3.

Review Process.

a.

After filing by the applicant, the Constraints Analysis is reviewed and evaluated by appropriate Department staff and/or representatives of other agencies designated/invited by the Director.

b.

Following the review, the applicant will be provided a written copy of the comments.

c.

The applicant may request that Department staff assist in explaining the Department conclusions and recommendations.

C.

Application Contents, Fee. Applications shall be submitted on the forms provided by the Department, and shall include all information, materials and submittals required by the Department for the specific type of application (e.g., Use Permit, Variance, Master Plan etc.) and the following:

1.

Application Filing Fees. Application filing fees, as defined by Council resolution and a deposit sufficient to cover the estimated cost of processing the application; and

2.

Indemnification Agreement. An agreement in compliance with Section 19.40.050 (Indemnification); and

Cost Recovery Agreement. A cost recovery agreement, as applicable, with form and content acceptable to the City Attorney, wherein the applicant agrees to reimburse the City for all costs incurred in the processing of the application that are in excess of the filing fee and initial deposit; and

4.

Other Information. The application shall include any additional information determined necessary by the Director to conduct a review and analysis in accordance with the California Environmental Quality Act and with the General Plan, and all applicable provisions of this Zoning Ordinance and Municipal Code.

D.

Eligibility, Filing. All land use permit and other applications required by this Zoning Ordinance shall be filed with the Department. Applications may be made by:

1.

The owner of the subject property; or

2.

Any other person, agent, or representative, with the written consent of the property owner.

3.

Land use actions may also be initiated by the Director or City Council.

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

A.

Indemnification Agreement.

1.

All applications described in Section 19.40.040 (Application Preparation and Filing) shall include the applicant agreeing, as part of the application, to defend, indemnify, and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

a.

Any such approval of the City; and/or

b.

An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards, or City Council.

The indemnification agreement shall be in a form acceptable to the City Attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and

other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City, and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant to indemnify the City for all of the City's costs, fees, and damages which the City incurs in enforcing the indemnification provisions of this Section.

2.

Also at the time of submitting an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, Negative Declaration, Specific Plan, or General Plan Amendment) if made necessary by said proceeding and if the applicant desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

3.

In the event that a proceeding described in Subdivision A.1. or 2, above, or in Subsection B. below, is brought, the City shall promptly notify the applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the City from participating in the defense of any proceeding.

4.

In the event that the applicant is required to defend the City in connection with any proceeding described in Subsection A above, or in Subsection B below, the City shall retain the right to approve:

a.

The counsel to so defend the City;

b.

All significant decisions concerning the manner in which the defense is conducted; and

c.

Any and all settlements, which approval shall not be unreasonably withheld.

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the immediately preceding sentence, if the City Attorney's office participates in the defense, all City Attorney fees and costs shall be paid by the applicant.

5.

If at the time that this Section becomes effective, an application for any of the approvals or clearances covered by this Section has already been deemed complete, there shall be added as a condition to its approval or clearance the obligation of the applicant to indemnify the City in a form and with language substantially in conformance with Subsections A.1 through A.4 above.

B.

Indemnification Applicable Even if Applicant Fails or Refuses to Enter into Agreement. Even if the applicant for a discretionary approval described in Subsection A. fails or refuses to enter into the agreement specified in Subsections A.1 and A.2, that applicant and any successor in interest and the owner of the subject property if different from the applicant, whether in whole or part, shall, as a condition to any of the approvals specified below:

1.

Defend, indemnify and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as "proceeding") brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul the Council's (or Commission's) decision to approve any development or land use permit, license, approval or authorization, including but not limited to approval of, master plans, precise plans, preliminary plans, design review, variances, use permits, general plan amendments, zoning amendments, approvals and certifications under CEQA and/or any mitigation monitoring program, but excluding any subdivision approval governed by California Government Code §66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing such proceeding.

2.

Defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a Negative Declaration, EIR, Specific Plan or General Plan Amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

3.

Indemnify the City for all the City's costs, fees, and damages which the City incurs in enforcing the indemnification provisions set forth in this Section.

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

The Council shall establish by resolution a schedule of fees for full City cost recovery for the processing of land use permits, amendments, and other matters pertaining to this Zoning Ordinance, referred to as the Council's Fee Resolution. The schedule of fees may be changed or modified by resolution of the Council, from time to time.

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

All applications filed with the Department in compliance with this Zoning Ordinance shall be initially processed as follows:

A.

Completeness Review. The Director shall review all applications for completeness and accuracy before they are accepted as being complete in compliance with Section 19.40.040.C (Application Contents, Fee).

1.

Notification of Applicant. The applicant shall be informed in writing within 30 days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided. All additional information needed shall be identified in the letter providing notice of an incomplete application.

2.

Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in accordance with division 19.54 (Appeals).

3.

Environmental Information. The director may require the applicant to submit additional information needed for the environmental review of the project in compliance with the Novato environmental review guidelines.

4.

Neighborhood Meeting. In order for an applicant's application to be considered complete, the applicant shall conduct a neighborhood meeting in compliance with Section 19.40.070D below.

B.

Disapproval of Application.

1.

Incomplete Application. If the applicant does not provide the additional information required in compliance with Subsection A.1, above, within 120 days after the date of the letter requesting the additional information, the Director may disapprove the application without prejudice. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

2.

Violations on the Site. The Director shall reject and not process an application if conditions exist on the site in violation of this Zoning Ordinance or any permit or other approval granted in compliance with this Zoning Ordinance, other than an application for the approval, entitlement, or permit, if any, needed to correct the violation. The Director's authority under this Subsection shall apply whether:

a.

The current applicant was the owner of the subject property at the time the violation occurred; or

b.

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

The Director's decision may be appealed in accordance with Division 19.54 (Appeals).

C.

Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Ordinance, State, or Federal law, any application filed in compliance with this Zoning Ordinance may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

D.

Neighborhood Meeting. A neighborhood meeting shall be held after submittal of an application for a project with neighborhood concerns and before the Director considers the application complete. Meetings are required for all proposed commercial/industrial projects located within 600 feet of residential development. A neighborhood meeting is not required if the Director deems the application does not present issues of sufficient concern to warrant a neighborhood meeting. (Ord. No. 1441§2(A); Ord. No. 1531§1)

1.

The applicant and/or his/her/its representative is required to procure a meeting location (See Administrative Policy for location, criteria), prepare a notice of the meeting, facilitate and attend the neighborhood meeting and at the meeting provide basic information, including the following:

a.

Purpose of the project.

b.

Site analysis, graphically depicting existing conditions and the neighborhood context.

c.

Conceptual dimensioned site plan showing locations of all proposed structures, roads, parking areas, landscaping, and parcel boundaries.

d.

Conceptual building design information and proposed density/building sq. ft.

2.

Notification of all owners of properties located within 600 feet of the project's boundaries shall be conducted by City staff in accordance with Section 19.58.020B.(1), (2) or (3) of the Novato Zoning Code.

3.

Notwithstanding the above, if the project does not present issues of sufficient concern to warrant a neighborhood meeting, an exemption may be allowed by the Director. The Director's decision to grant the exemption shall be put in writing and included in the City's project file.

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

A.

Staff Evaluation. The Director shall review all applications filed in compliance with this Division to determine whether they comply with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, and the General Plan and any applicable specific plan or Master Plan. Whenever an applicant substantially revises their application submittal, as determined by the Director, the original application shall be deemed withdrawn and the revised application shall be subject to an Initial Application Review pursuant to Section 19.40.070.

B.

Staff Report Preparation.

1.

The Planning Division shall prepare a staff report that describes conclusions about the proposed land use and any development as to its compliance and consistency with the provisions of this Zoning Ordinance, other applicable provisions of the Municipal Code, the General Plan, and any applicable specific plan or Master Plan.

2.

The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the project evaluation, and consideration of information provided by an initial study or environmental review document (negative declaration, environmental impact report, etc.).

C.

Report Distribution. Staff reports shall be furnished to the applicants at the same time as they are provided to the Review Authority before the public hearing, or if no hearing is required, prior to action on the application.

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

DIVISION 19.42 - PERMIT APPROVAL OR DISAPPROVAL

A.

Permit Review Procedures. This Division provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Zoning Ordinance.

B.

Subdivision Review Procedures. Procedures and standards for the review and approval of subdivision maps are found in Chapter 9 (Land Subdivision) of the Municipal Code.

C.

Application Filing and Initial Processing. Where applicable, the procedures of this Division are carried out after those described in Division 19.40 (Applications - Filing and Processing), for each application.

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

A.

Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed structure or land use complies with the permitted list of activities allowed in the applicable zoning district, and the development standards applicable to the type of use.

B.

Applicability. Where Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) or other provision of this Zoning Ordinance requires a Zoning Clearance as a prerequisite to establishing a land use:

1.

A Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning Ordinance for the proposed use; and

2.

The Director shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this Section.

C.

Review and Approval. The Director shall issue the Zoning Clearance after determining that the request is consistent with the General Plan and any applicable specific plan and complies with all Zoning Ordinance provisions applicable to the proposed use (including applicable Master Plan and Precise Development Plans).

Zoning clearance may be obtained by any one of the following methods:

1.

A Department staff signature or other Department notation on a Building or Grading Permit;

2.

A Department staff signature on a home occupation permit; or

3.

A letter or other certification provided at the discretion of the Director.

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

A.

Purpose. This Section establishes procedures for the City's review of the design aspects of proposed development (for example, building design, landscaping, site planning and development, and signs). These procedures are not intended to restrict innovation, or variety in design, but rather to focus on design issues and solutions that will have the greatest effect on community character and aesthetics, to encourage imaginative solutions and high-quality urban design. The purposes of this Section are, therefore, to:

1.

Recognize the interdependence of land values and aesthetics and encourage the orderly and harmonious appearance of development within the community;

2.

Ensure that new uses and structures enhance their sites with the highest standards of improvement and are compatible with surrounding neighborhoods;

3.

Protect the increasing values, standards, and importance of land and development in the community;

4.

Retain and strengthen the visual quality of the community;

5.

Assist project developers in understanding the public's concerns for the aesthetics of development, and

6.

Ensure that development complies with all applicable City standards and guidelines, and does not adversely affect community health, safety, aesthetics, or natural resources.

B.

Applicability. Table 4-2 identifies when minor or major design review is required.

Table 4-2

Applicability of Design Review

NOTES:

1 Minor additions and new accessory structures which constitute less than 10% of the square footage of the existing structures and which are deemed to be visually or functionally insignificant are exempt from design review.

2 Projects deemed to be visually and functionally insignificant by the Director are exempt from design review.

3 See Section 19.34.032 for height and location requirements.

C.

Timing of Design Review. When required, Design Review shall be granted before the issuance of the Building Permit or the establishment of a temporary open lot use.

D.

Design Review Process. The Design Review process shall be conducted as follows:

1.

Design Review Workshop. At the option of the applicant, unless otherwise required by another section of this Chapter, the Director will arrange for an introductory workshop with the Design Review Commission (DRC) to review with applicant the City's standards and guidelines that may affect project site design, with respect to elements such as access, grading, tree removal, neighborhood compatibility, building placement and massing. The Director shall provide for courtesy noticing of property owners within 600 feet of the site.

2.

Application Preparation, Filing, Initial Processing. An application for Design Review shall be prepared, filed and processed in compliance with Division 19.40 (Applications - Filing and Processing). The Director shall determine whether the application presents issues or sufficient public concern to warrant a hearing by the Design Review Commission or review and action by the Director.

3.

Evaluation of Proposal. The Review Authority shall consider the design, location, site layout, and the overall effect of the proposed project upon surrounding properties and the City in general. The review shall compare the proposed project to applicable development standards, design guidelines, and other City regulations.

4.

Minor Design Review.

a.

Opportunity for Hearing and Action. An application for Minor Design Review shall be approved or disapproved by the director no sooner than the 11th day after public notice has been provided in compliance with division 19.58 (Public Hearings); provided that no public hearing shall be required unless requested in writing by an interested party on or before the tenth day following public notice.

b.

Findings and Conditions. The decision by the director shall comply with subsection E.; conditions of approval may be imposed in compliance with subsection F.

c.

Referral to DRC. The director may defer action on a minor design review application and instead refer the matter to the DRC for major design review and decision in compliance with the following subsection D.5.

5.

Major Design Review. Decisions on major design review applications shall comply with subsection E.; conditions of approval may be imposed in compliance with subsection F. Public notice of meetings shall be given in compliance with division 19.58 (public hearings).

a.

Design Review of Site Plan. After the director has determined the application complete and prior to any decision on any land use permits or other city entitlements required for the project, an application for major design review shall be scheduled for a public hearing before the design review commission for a recommendation to the review authority on the project site plan.

b.

Design Review of Building and Landscaping. After the approval of the project land use permit by the applicable review authority, the major design review application shall be scheduled for a public hearing before the design review commission for approval or disapproval of project buildings, architecture, landscaping, color and materials.

c.

Combined Review. The review, described in subsection D.5.b., above, may be combined at the applicant's request and processed in compliance with subsection D.5.a., above; and shall be combined in cases where project requires major design review but is not required by this zoning ordinance to have another land use approval at the same time.

E.

Design Criteria. In granting Design Review approval, the Review Authority shall impose conditions as deemed appropriate to ensure compatibility with surrounding uses, to provide good quality architectural and site design, and, to protect the public health, safety, and general welfare. Unless previously established by approval of a precise development plan, the following criteria shall be considered in reviewing an application for design review and establishing conditions for the project:

Site Design.

1.

Height, bulk, and area of buildings and the overall mass and scale of the project in relation to the site characteristics, neighborhood, and surrounding land uses.

2.

Site layout, buffers and setback distances and physical relationship of structures and uses on the site and to surrounding topography, natural resources, uses and structures.

3.

Site access, including pedestrian, bicycle and equestrian access (if appropriate), parking and loading areas (including bicycle parking facilities) and on-site and off-site traffic and pedestrian circulation, access for recycling and refuse collection, loading and disposal.

Landscape elements, integrating opportunities for passive recreation facilities and outdoor use areas and adequate shading of pavement and windows.

5.

Orientation to natural site amenities, scenic views, and protection, preservation and integration of scenic, historic and natural resources.

6.

Integration of site into the pedestrian and traffic circulation system, including off-site improvements and opportunities for connections to adjoining streets, parks, open space, community facilities and commercial areas.

7.

Articulation in building facades, exterior architectural design details, quality of materials, variation of textures, and harmony of colors.

8.

Articulation in rooflines and the type and pitch of roofs and/or mechanical screening and overhangs for proper shading and solar access to windows.

9.

Location, size and spacing of windows, doors and other openings and orientation for passive solar heating and cooling and the provision of awnings, enclosures and overhangs for entryways.

10.

Location and orientation of windows, doorways, and outdoor use areas and the potential for heat, glare, odors, noise or other disturbance from on or off-site sources (i.e., direct sun from west exposures, outdoor lighting, food service areas, recycling and refuse areas, mechanical equipment, roadways, railroads and aircraft overflights, etc.).

11.

Towers, chimneys, roof structures, flagpoles, radio, telecommunications and television masts/poles or other small projections

12.

Signage including the size, type, location, material quality, durability, textures, height, color, light intensity and integration into the building and street design, and the potential for distraction of traffic and/or obstruction of other signs, accessways and sight visibility areas.

13.

Location, design and standards of exterior illumination, including street lighting and signs.

Location of utility installations, access for maintenance and visual screening.

15.

Location, design, visual screening and access for recycling and refuse disposal.

16.

Use of durable quality materials and provisions for long-term maintenance including identification of responsible party and funding source for public improvements and open space areas

F.

Findings and Decision. When acting as a decision maker, the Review Authority may approve a Design Review application only after first finding that:

1.

The design, layout, size, architectural features and general appearance of the proposed project is consistent with the General Plan, and any applicable Specific Plan and with the development standards, design guidelines and all applicable provisions of the Municipal Code, including this Zoning Ordinance and any approved Master Plan and Precise Development Plan.

2.

The proposed project would maintain and enhance the community's character, provide for harmonious and orderly development, and create a desirable environment for the occupants, neighbors, and visiting public.

3.

The proposed development would not be detrimental to the public health, safety, or welfare; is not materially injurious to the properties or improvements in the vicinity; does not interfere with the use and enjoyment of neighboring existing or future developments and does not create potential traffic, pedestrian or bicycle hazards.

G.

Post Approval Procedures. The procedures in Article 5 (Zoning Ordinance Administration) for appeals, project changes, expiration, performance guarantees, and revocation, and the procedures in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply after the decision on a Design Review application.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1628, § 3(Exh. B), 11-14-2017)

A.

Purpose. This Section establishes procedures for the granting of Temporary Use Permits that allow short-term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

B.

Applicability. Temporary land uses shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Temporary Use Permit in compliance with this Section. The following two categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:

1.

Exempt temporary uses are identified in Subsection C. (Exempt temporary uses), below; or

2.

Temporary Use Permits are identified in Subsection D. (Allowed temporary uses), below.

C.

Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall within the categories defined below shall comply with Subsection D. (Allowed temporary uses), below.

1.

Car Washes for Fundraising. Car washes, limited to a maximum of two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious, or service organizations located on a site directly engaged in civic or charitable efforts, on non-residential properties.

2.

Construction Yards—On-Site. A construction yard, located on a site with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project.

3.

Emergency Facilities. Emergency public health and safety needs/land use activities.

4.

Garage Sales. Garage sales are exempt from the requirement for a Temporary Use Permit provided that sales occur no more often than two times within a 12-month period per residence, for a maximum of two consecutive days each.

D.

Allowed Temporary Uses. The following temporary uses may be allowed, subject to the issuance of a Temporary Use Permit by the Zoning Administrator. Uses that do not fall within the categories defined below shall comply with the use and development regulations and land use permit review provisions that otherwise apply to the property.

Car Washes for Fundraising. Car washes, more than two days each month for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501 (c) of the Federal Revenue and Taxation Code.

2.

Construction Yards—Off-Site. A construction yard located off-site from an approved construction project. The permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project. (See also Subsection D.11, below, regarding temporary work trailers.)

3.

Events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, farmer's markets, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage sales, second hand sales, swap meets, and similar events, for 10 consecutive days or less, or four two-day weekends, within a 12-month period.

4.

Location Filming Activities. The temporary use of an approved site for the filming of commercials, movies, videos, etc. The Zoning Administrator shall make an additional finding: the approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.

5.

Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise (e.g., sidewalk sales), in compliance with 19.34.130 (Outdoor Dining, Display and Sales).

6.

Outdoor Sales of Flowers and Produce. The temporary outdoor sales of items (e.g., flowers, fruits, vegetables, etc.) grown on the subject property, in compliance with 19.34.130 (Outdoor Dining, Display and Sales), which shall be allowed only if the property is engaged in agricultural production for the duration of the temporary use. The maximum duration shall not exceed 180 consecutive days, within a 12-month period.

7.

Residence. A mobile home as a temporary residence of the property owner when a valid Building Permit for a new single-family dwelling is in force, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project. The permit may be approved for a specified duration, or upon expiration of the Building Permit, whichever occurs first.

8.

Seasonal Sales Lots. Seasonal sales activities (for example, pumpkins, Christmas trees, etc.) including temporary residence/security trailers, on non-residential properties, for 45 days or less for each seasonal

product, within a 12-month period. These activities shall also comply with Section 19.34.130 (Outdoor Dining, Display, and Sales).

9.

Temporary Model Homes and Real Estate Offices. Temporary model homes, real estate offices, and related facilities may be established within the boundaries of an approved residential subdivision project, solely for the first sale of homes. The application may be approved for a maximum time period of 18 months.

10.

Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum time period of 12 months, as an accessory use or as the first phase of a development project, in the commercial and industrial zoning districts.

11.

Temporary Work Trailers.

a.

A trailer or mobile home may be used as a temporary work site for employees of a business:

(1)

On a site approved for construction of a subdivision or other development project when a valid Building Permit is in force; or

(2)

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained; or

(3)

For short-term (one-month) medical services, such as blood drives or vaccinations, in a nonresidential zone.

b.

A permit for temporary work trailers may be granted for up to 12 months.

12.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zoning district and surrounding land uses, and are necessary because of unusual or unique circumstances beyond the control of the applicant.

E.

Application Filing, Processing, and Review. An application for a Temporary Use Permit shall be filed with the Department and processed in the following manner:

Application Contents. The application shall be made on forms furnished by the Department, and shall be accompanied by the information identified in the Department handout for Temporary Use Permit applications. It is the responsibility of the applicant to establish evidence in support of the findings required by Subsection G. (Findings and decision), below.

2.

Time for Filing. An application for a Temporary Use Permit shall be submitted for review in compliance with this Section, a minimum of 30 days before the establishment or operation of the proposed use.

F.

Standards. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

1.

Adjustment of Standards. The Zoning Administrator may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

2.

Removal of Materials and Structures Associated with the Temporary Use. All materials and structures associated with the temporary use shall be removed within 10 days from the actual termination of operations, or after the expiration of the Temporary Use Permit, whichever first occurs.

3.

30-Day Interval Before New Permit. A minimum of 30 days shall pass between the issuance of a new Temporary Use Permit and the expiration of a similar Temporary Use Permit for the same property, unless otherwise specified by Subsection D. above, or the actual removal of the materials and structures associated with the former use, whichever last occurs.

4.

Other Permits Required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State, or Federal requirements.

G.

Findings and Decision.

1.

A Temporary Use Permit may be approved, modified, conditioned, or disapproved by the Zoning Administrator, without the requirement for a noticed public hearing.

2.

The Zoning Administrator may defer action and refer the application to the Commission for review and decision at a noticed public hearing, in compliance with Division 19.58 (Public Hearings).

3.

The Zoning Administrator may approve or conditionally approve a Temporary Use Permit application, only after first finding that:

a.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

b.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and

c.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Ordinance.

H.

Conditions of Approval. In approving a Temporary Use Permit, the Zoning Administrator may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G. (Findings and decision), above.

I.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Zoning Ordinance. The Review Authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.

J.

Post-Approval Procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 5 (Zoning Ordinance Administration), and those identified in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following the decision on a Temporary Use Permit application.

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

A.

Purpose. Use Permits are intended to allow for activities and uses which may be acceptable in the applicable zoning district if compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.

The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

B.

Applicability. A Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts and Allowable Land Uses) and Article 3 (special provisions for uses near Waterways (Division 19.35) or Wetlands (Division 19.36) as being allowable in the applicable zoning district subject to the approval of a Use Permit.

C.

Application Filing and Processing. An application for a Use Permit shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing).

D.

Project Review, Notice, and Hearing.

1.

Each Use Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

The Zoning Administrator shall determine whether the application presents issues or sufficient public concern to warrant hearing by the Commission instead of the Zoning Administrator.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Division 19.58 (Public Hearings).

4.

The Review Authority shall conduct a public hearing on an application for a Use Permit prior to the approval or disapproval of the permit.

E.

Findings and Decision. Following a public hearing, the Review Authority may approve or disapprove an application for a Use Permit. The Review Authority shall record the decision and the findings upon which the decision is based. The Review Authority may approve a Use Permit only after first finding that:

The proposed use is consistent with the General Plan and any applicable specific plan;

2.

The proposed use is allowed with a Use Permit within the applicable zoning district and complies with all applicable provisions of this Zoning Ordinance and any relevant Master Plan and/or Precise Development Plan;

3.

The establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;

4.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City; and

5.

The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

F.

Conditions of Approval. In approving a Use Permit, the Review Authority may impose conditions (e.g., limitations on use, buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E. (Findings and decision), above.

G.

Post-Approval Procedures. Procedures relating to appeals, changes, expiration, performance guarantee, and revocation, as identified in Article 5 (Zoning Ordinance Administration), in addition to those identified in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following action on a Use Permit application.

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

19.42.060 - Master Plans and Precise Development Plans.

A.

Purpose. Master Plans and Precise Development Plans are intended to promote and encourage innovation and flexibility in the design of proposed development within the PD zoning district, for more effective environmental resource preservation, and greater sensitivity to the characteristics of the site and surrounding properties.

1.

Proposed Master Plans and Precise Development Plans are encouraged and expected to produce a comprehensive development of greater quality than that normally resulting from more traditional development.

The Review Authority shall determine whether a Master Plan or Precise Development Plan should be approved by weighing the public need for, and the benefits to be derived from, the proposed project against the potential negative effects it may cause.

B.

Applicability.

1.

When Required. Master Plans and Precise Development Plans are required prerequisite to development in the PD (Planned Development) zoning district, in compliance with the provisions of Division 19.14 (Special Purpose Zoning Districts).

2.

Scope of Proposal. A Master Plan shall include all contiguous property under the same primary zoning district and ownership.

C.

Scope of Approval. The approval of a Master Plan and Precise Development Plan shall constitute a rezoning of the property and zoning text amendment and shall establish the following specific requirements for the development and use of the proposed site, consistent with the General Plan and any applicable Specific Plan. The following provisions to be included may either be in the form of specific standards unique to the particular project site, or may be in the form of references to specific provisions of this Zoning Ordinance:

1.

Master Plans. Master plans shall establish for the site:

a.

Allowable land uses and any subsequent land use permit requirements that shall apply after Precise Development Plan approval; and

b.

The allowable density and intensity of development, including: the total number and type of dwelling units that may be allowed for residential development (i.e., attached or detached units and product types) and/or the total square footage, maximum floor area ratios and building massing requirements for nonresidential development.

c.

The suitability of the property for the proposed development and the capacity of existing public facilities, services and systems to support the proposed development.

Precise Development Plans. Precise Development Plans shall establish the following, consistent with the approved Master Plan:

a.

Minimum lot size and site coverage requirements;

b.

Minimum setback requirements and structure height limits;

c.

Off-street parking requirements;

d.

Landscaping requirements;

e.

Requirements for accessory uses and structures; and

f.

Other site planning, development standards, and special provisions and requirements as deemed necessary by the Review Authority.

3.

Combined Plans. A single plan, serving as both Master Plan and Precise Development Plan, or as a Master Plan, Precise Development Plan and/or Use Permit and/or Development Agreement or other approval required of the Novato Municipal Code (such as a "rural road" designation, tree removal permit, etc.) may be submitted by an applicant. If so submitted, it shall be processed by the City pursuant to this subsection. All of the information requirements of this Division must be set forth in the combined plan. The combined plan shall constitute a rezoning and zoning text amendment. If a use otherwise requiring a Use Permit in a comparable zoning district or other approval is included in a Master Plan or combined plan pursuant to this subsection, it shall be considered to be a part of the Master Plan or combined plan approval without requiring a separate permit or approval.

D.

Effect of Approval, and Administration of Approved Plans. After the Master Plan and Precise Development Plan approval, the land uses allowed on the site and the proposed development shall comply with:

1.

The standards of the Master Plan and Precise Development Plan to the extent that those provisions differ from the standards of this Zoning Ordinance, and

The provisions of this Zoning Ordinance where the Master Plan or Precise Development Plan are silent on any aspect of land use or development that is otherwise regulated by this Zoning Ordinance.

In any case where a Master Plan or Precise Development Plan is silent on an aspect of land use or development otherwise regulated by this Zoning Ordinance, the allowable land use requirements and development standards of the most comparable zoning district shall apply, as determined by the Director.

E.

Master Plan Procedures. Master Plans shall be prepared, filed, processed, and approved or disapproved as follows:

1.

Application Filing and Processing. An application for Master Plan approval shall be filed and processed in compliance with Division 19.40 (Permit Application Filing and Processing), and as an amendment to the Zoning Ordinance Text and Map in compliance with Division 19.56 (General Plan, Zoning Ordinance, and Zoning Map Amendments and the following requirements). The Master Plan application shall include the following information and materials:

a.

Graphic documents (one or more maps or drawings) accurately drawn to scale and sufficiently detailed to show:

(1)

Boundaries and area of the site;

(2)

Areas of the site to be developed with each type of land use and the maximum allowable density or building intensity identified; areas designated for open space; and the basic street pattern.

(3)

Topography, with existing and proposed contours shown at a minimum interval of 10 feet;

(4)

Site slopes, calculated and classified in ranges from 0 to 15 percent, 15 to 30 percent, and 30 percent plus, with the aggregate area of each range measured and stated and the allowable density based on the hillside reduction factors;

(5)

All existing structures and improvements on the site;

(6)

Existing tree coverage, type of trees, and areas of tree removal;

(7)

All water areas (ponds, lakes, streams, wetlands, and drainage ways);

(8)

Contiguous properties, their zoning and existing uses and structures and other improvements;

(9)

Surrounding street pattern;

(10)

Single-line sections of each building type proposed, sufficiently detailed to show conceptual height, bulk, and their relationship to the topography on slopes over 10 percent;

(11)

Designation of projected density and/or intensity of development. Density in gross and net figures for residential uses and, lot and building coverage, and total square footage of floor area for nonresidential uses; and

(12)

Geologic map graphically identifying areas of potential geologic problems or hazards.

b.

Written statements describing the development concepts as they apply to the following subjects:

(1)

Type, intensity, form and function of the project;

(2)

Utilities (gas, electric, water, sanitary sewer, telephone);

(3)

Public services (police, fire, schools, mail);

(4)

Public conveniences (solid waste, TV, newspapers);

(5)

Public facilities (streets, library, public transportation and parks, including a proposal for meeting Section 9-20 of the Novato Municipal Code);

(6)

Historic or archaeological resources;

(7)

Noise sources;

(8)

Traffic (auto, bike, pedestrian, equestrian);

(9)

Soils, flooding, geologic hazard, seismic hazard;

(10)

Storm drainage;

(11)

Shopping (local, regional) and service uses (medical, financial, administrative);

(12)

Wildlife and vegetation; and

(13)

Disposition or management of nondeveloped areas.

c.

Information provided as required by the Director to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act).

d.

A list of all property owners included on the Master Plan and a map depicting the parcel ownership.

2.

Design Review Required. Prior to review by the Planning Commission, Master Plans shall first be reviewed by the Design Review Commission to review site constraints and for a site plan design recommendation. Recommendations of the Design Review Commission shall be based on review of the submittal items required in Subsections 19.42.060 E(1)a and consideration of appropriate conditions of approval and findings in Subsections 19.42.030 F. Design Review Commission recommendations shall be advisory and shall be transmitted to the Planning Commission with the staff evaluation on the areas of findings required by Subsection E.3 below. The Planning Commission shall consider the staff evaluation and the Design Review Commission's recommendation in making its findings and recommendations to the Council on the Master Plan.

Planning Commission Action on Master Plan. Following a public hearing in compliance with Division 19.58, the Planning Commission may recommend that the Council approve, conditionally approve, or disapprove the Master Plan. The Commission may recommend approval of a Master Plan only after first making all of the following findings:

a.

The proposed Master Plan development is in conformance with the applicable goals and policies of the General Plan and any applicable specific plan;

b.

The proposed Master Plan development can be adequately, conveniently, and reasonably served by public conveniences, facilities, services, and utilities;

c.

The proposed Master Plan development concepts are reasonably suited to the specific characteristics of the site and the surrounding neighborhood; and

d.

The location, access, density/building intensity, size and type of uses proposed in the Master Plan are compatible with the existing and future land uses in the surrounding neighborhood.

4.

Council Action on Master Plans.

a.

After a Planning Commission recommendation for the approval or disapproval of a Master Plan, the Council shall review the Master Plan in a noticed public hearing in compliance with Division 19.58 (Public Hearings).

b.

Following the public hearing, the Council may approve, conditionally approve, or disapprove the Master Plan. The Council may approve the Master Plan only after first making all of the findings required by Subsection E.3 above.

c.

Disapproval shall be by motion. Approval or conditional approval shall be by the adoption of an ordinance in compliance with Division 19.58 (Public Hearings).

F.

Precise Development Plan Procedures. Precise Development Plans shall be prepared, filed, processed, and approved or disapproved as follows: A Precise Development Plan for a proposed development may be submitted and processed concurrently with a proposed Master Plan for the same site, or after Master Plan approval.

1.

Application Filing and Processing. An application for precise Development Plan approval shall be filed and processed in compliance with Division 19-40 (Permit Application Filing and processing) and shall include the following:

a.

Graphic documents (one or more maps or drawings) accurately and clearly drawn to scale and dimensioned to show:

(1)

A site plan for the conceptual and completed project showing all buildings/structures; streets; parking, pathways, patios, decks, pools, accessory buildings, fences, walls and similar improvements.

(2)

A preliminary grading plan with a contour interval of at least five feet, showing area, height and slope of all cut or fill banks, earth quantities of import or export.

(3)

Preliminary landscape plans including the location, trunk diameter and type of all existing trees more than three inches in diameter measured 24 inches above ground level within the development area noting which, if any, are to be removed. These plans shall also show areas to be planted with trees, shrubs, groundcover, and hydroseeding and whether such trees or shrubs are to be evergreen or deciduous.

(4)

Geologic hazard map, identifying areas of geologic problem or hazard.

(5)

Existing land uses and zoning of surrounding properties.

(6)

Preliminary utility plan including storm drainage system.

(7)

Typical architectural concepts including floor plans and sections.

b.

Written statements describing the development concepts related to the following subjects:

(1)

Type and intensity of the uses to be established with approximate land area and square footage of floor areas and number of bedrooms for residential uses.

(2)

Professional analysis and report on soils, flooding, geologic hazard, seismic hazard, wildlife, vegetation, noise, traffic safety, historic or archeological considerations, as identified in the Master Plan or required by the Director.

(3)

Parking computations and ratios (per unit for residential and per square foot in nonresidential).

(4)

Trip generation figures for vehicular traffic (auto/truck/service).

(5)

Subdivision proposals with minimum lot sizes and lot pattern.

(6)

Management plans including standards for maintenance of any open space, common areas, scenic easements, and all waterways or wetlands including identification of responsible party and long-term funding source for maintenance activities.

(7)

Disposition of undeveloped areas, including any proposed dedications or easements.

(8)

Any provisions dealing with ongoing physical development or use limitations such as required yard areas, fence heights, building heights, coverage limitations, maximum floor area ratios, accessory structures, home occupations, parking of recreational vehicles.

(9)

Any provisions dealing with accessory or conditional uses.

(10)

Any provisions dealing with potential for minor deviations from the Precise Development Plan.

(11)

If the project is in a high fire hazard area, as determined by the Novato Fire District, then a fire management plan shall be included. The fire management plan shall describe the terrain, vegetation, fire service, access, and water availability and proposed method to reduce fire hazards, including long-term maintenance standards and management practices and identification of the responsible party and funding source.

(12)

Any proposed exceptions to Chapter 5 (Development Standards Ordinance) of the Novato Municipal Code.

2.

Design Review Required. Prior to review by the Planning Commission, Precise Development Plans shall first be reviewed by the Design Review Commission at a Design Workshop to review site constraints and then second, for a site plan design and building and landscape design recommendation in compliance with Section 19.42.030 D. Recommendations of the Design Review Commission shall be based on review of the submittal items required in Subsections 19.42.060 F 1a. 1, 2, 3, 4, 5, 6, 7 and consideration of appropriate conditions of approval required for both the site and architectural design in Subsections 19.42.030 F. At the election of the applicant, items required in Subsections 19.42.060 F 1a, 1, 3, and 7 may contain schematic designs only with final design details developed after the Planning Commission hearing and the City Council action on the project. If the applicant elects to provide only schematic designs in these areas, then the applicant shall submit final detailed designs for 1, 3, and 7 to Design Review Commission for their review and approval in compliance with Section 19.42.030 D (Design Review) following City Council action. Design Review Commission approval of the final design details shall be required before a project can receive a building permit.

Design Review Commission recommendations shall be advisory and shall be transmitted to the Planning Commission with the staff evaluation on the areas of findings required by Subsection F.3 below. The Planning Commission shall consider the staff evaluation and the Design Review Commission's recommendation in making its findings and recommendations to the Council on the Precise Development Plan.

3.

Planning Commission Action on Precise Development Plans. Following a public hearing in compliance with Division 19.58, the Planning Commission may recommend that the Council approve or disapprove a Precise Development Plan. The Commission may recommend approval of a Precise Development Plan only after first making all of the following findings:

a.

The proposed Precise Development Plan is consistent with the General Plan, any applicable specific plan, and the approved Master Plan;

b.

The proposed Precise Development Plan would produce a comprehensive development of superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of land uses and structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than might otherwise occur from more traditional development applications;

c.

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise be detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located;

d.

The proposed Precise Development Plan standards are reasonably suited to the specific characteristics of the site, and are compatible with the existing and future land uses in the surrounding neighborhood;

e.

The subject site is:

(1)

Physically suitable for the type and density/intensity of development being proposed;

(2)

Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Zoning Ordinance; and

(3)

Served by streets and pedestrian facilities adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.

4.

Council Action on Precise Development Plans.

a.

After a Planning Commission recommendation for the approval or disapproval of a Precise Development Plan, the Council shall review the Precise Development Plan in a noticed public hearing in compliance with Division 19.58 (Public Hearings).

b.

Following the public hearing, the Council may approve or disapprove the Precise Development Plan. The Council may approve the Precise Development Plan only after first making all of the findings required by Subsection F.3 above.

c.

Disapproval shall be by motion. Approval or conditional approval shall be by the adoption of a resolution in compliance with Division 19.58 (Public Hearings).

G.

Post-Approval Procedures. The procedures and requirements relating to appeals, changes, expiration, performance guarantees, and revocation, as identified in Article 5 (Zoning Ordinance Administration), in addition to those in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following the approval of a Master Plan and/or Precise Development Plan. A Master Plan shall be revoked in accordance with Section 19.59.070 (Permit Revocation or Modification) if a Precise Development Plan has not been approved and remains valid within the five (5) year period after the original date of Master Plan approval.

H.

Amendments to a Master Plan or Precise Development Plan. Amendments to a previously approved Master Plan or Precise Development Plan may be applied for in compliance with Division 19.40. The authority of the Planning Commission and Council to act upon an a Master Plan or Precise Development Plan amendment application is limited to considering and taking action with respect to only: (i) the changes in the plan proposed by the amendment; (ii) the direct and indirect effects on the balance of the plan caused by said amendment; and (iii) the environmental consequences of, and any necessary mitigation measure applicable to said changes. The Planning Commission and Council shall follow the same procedures as were required for the City's consideration and action on the original (or previously amended) Master Plan and/or Precise Development Plan approval, except that amendments to a Precise Development Plan involving minor architectural or site changes consistent with the approved Master Plan may be acted upon by the Community Development Director, upon referral, to a higher authority.

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

A.

Purpose. The provisions of this Section allow for Variances from the development standards of this Zoning Ordinance only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

B.

Applicability. A Variance may be granted to waive or modify any requirement of this Zoning Ordinance except allowed land uses, maximum residential density, maximum FAR regulations, specific prohibitions (for example, prohibited signs), or procedural requirements.

C.

Review Authority. A Variance application shall be reviewed, and approved or disapproved by the same Review Authority that is responsible for acting upon the primary land use permit required by this Zoning Ordinance to authorize the use.

D.

Application Requirements. An application for a Variance shall be filed in compliance with Division 19.40 (Application - Filling and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision).

E.

Project Review, Notice, and Hearing. Each Variance application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

1.

The Director shall provide the Review Authority with a recommendation whether the application should be approved, approved subject to conditions, or disapproved.

The Review Authority shall hold a public hearing in compliance with Division 19.58 (Public Hearings), and may approve or disapprove the Variance in compliance with this Section.

3.

In cases where the Zoning Administrator is the Review Authority for a Variance, the Zoning Administrator may defer action and instead refer the application to the Commission for review and decision at a public hearing.

F.

Findings and Decision. Following a public hearing, the Review Authority may approve, approve subject to conditions, or disapprove the Variance, and shall record the decision in writing with the findings upon which the decision is based, in compliance with State law (Government Code Section 65906). The Review Authority may approve an application, with or without conditions, only after first making all of the following findings:

1.

General Findings.

a.

Granting the Variance is consistent with the General Plan and any applicable specific plan;

b.

Granting the Variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and in the same zoning district;

c.

There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Zoning Ordinance denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-self imposed, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards;

d.

Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; and

e.

Granting the Variance would not be materially detrimental to the public interest, health, safety, convenience, or welfare of the City, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

Findings for Nonresidential Parking Variances. A Variance from the parking standards of Division 19.30 (Parking and Loading) may be granted a nonresidential project to locate a portion of the required parking at an off-site location, or to provide in-lieu fees or facilities instead of the required on-site parking spaces, provided that Review Authority shall first make the following findings, in compliance with State law (Government Code Section 65906.5):

a.

The Variance would be an incentive to, and a benefit for, the project; and

b.

The Variance would facilitate access to the project by patrons of public transit facilities.

G.

Conditions of Approval. In approving a Variance, the Review Authority may impose conditions to:

1.

Ensure that the Variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and

2.

Require project alterations and or features (buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F. (Findings and decision), above.

H.

Post-Approval Procedures. Procedures relating to appeals, changes, expiration, performance guarantee, and revocation, as identified in Article 5 (Zoning Ordinance Administration), in addition to those identified in Division 19.44 (Permit Implementation, Time Limits, and Extensions), shall apply following action on a Variance.

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

A.

Application. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. Requests for reasonable accommodation shall be submitted with an application for zoning /planning/subdivision action (no fee) and with a letter to the community development director and shall contain the following information:

1.

The applicant's name, address and telephone numbers.

Address of the property for which the request is being made.

3.

The name of the property owner and owner's written consent or signature on application form.

4.

The current actual use of the property.

5.

The basis for the claim that the person(s) is considered disabled under the fair housing laws.

6.

The zoning code ordinance provision, regulation or policy from which reasonable accommodation is being requested.

7.

Why the reasonable accommodation is necessary to make the specific property accessible to the person(s).

8.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the reasonable accommodation.

9.

Other relevant supportive information as requested by the community development director or his or her designee, consistent with fair housing laws.

B.

Decision. The community development director or his or her designee shall render a decision in writing within 30 days after the application is complete, and shall approve, approve with conditions or deny the application based on the findings in subsection C.

C.

Findings. The community development director or his or her designee shall approve the application, with or without conditions, if the following findings are made:

1.

The housing will be used by a disabled person(s);

2.

The requested accommodation is necessary to make specific housing available to a disabled person(s);

The requested accommodation would not impose an undue financial or administrative burden on the city; and

4.

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

5.

The design and location of the accommodation is done in a way to minimize impacts on neighboring properties and the design character of the neighborhood to the extent reasonably feasible.

D.

Appeal. An appeal of the decision by the community development director or his or her designee may be made pursuant to the appeal procedures in division 19.54.

E.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires other discretionary approval (including but not limited to: design review, variance, conditional use permit, rezoning, general plan amendment, etc.), then the applicant shall file the information required by subsection A. together for concurrent review with the application for discretionary approval.

(Ord. No. 1592, § 2(Exh. A), 4-15-2014)

DIVISION 19.44 - PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS

This Division provides requirements for the implementation or "exercising" of the permits required by this Zoning Ordinance, including time limits, and procedures for extensions of time.

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

The approval of a land use permit (e.g., Design Review, Planned Development Permit, Use Permit, Temporary Use Permit, or Variance) shall become effective on the 11th day following the date of application approval by the appropriate Review Authority, where no appeal of the Review Authority's action has been filed in compliance with Division 19.54 (Appeals).

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

A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the Review Authority. The provisions of this Section apply to performance guarantees for projects authorized by any of the land use permits covered by this Article.

A.

Form and Amount of Security. The required security shall be in a form approved by the Director and City Attorney. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval.

B.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.

Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the Director, or until any warranty period required by the Director has elapsed. Maintenance security shall remain in effect for one year after the date of final inspection.

D.

Release or Forfeit of Security.

1.

Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

2.

Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the City, including the costs of the work, and all administrative and inspection costs.

3.

Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the City.

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

A.

Time Limits.

1.

Unless conditions of approval or other provisions of this Zoning Ordinance establish a different time limit, any permit or approval granted in compliance with Division 19.42 (Permit Approval or Disapproval) that is not

exercised within two years of the date of approval shall expire and become void, except where an extension of time is approved in compliance with Subsection B., below.

2.

The permit shall be deemed "exercised" only when the permittee has obtained a Building Permit, or has commenced the operation of a land use not requiring a Building Permit and has met all required conditions, or has submitted a completed application for a subsequent permit.

3.

The land use permit shall remain valid after it has been exercised as long as it has not been revoked, and a building permit is active for the project, or a final building inspection or certificate of occupancy has been granted.

4.

If a project is to be developed in approved phases, each subsequent phase shall be exercised within two years from the date that the previous phase was exercised, unless otherwise specified in the permit, or the permit shall expire and be deemed void. If the project also involves the approval of a Tentative Map, the phasing shall be consistent with the Tentative Map and the permit shall be exercised before the expiration of the Tentative Map, or the permit shall expire and be deemed void. In the event of extensions to approved and unexpired tentative maps and vesting tentative maps enacted by the state legislature, the time limits of all other land use entitlements and approvals granted under this Chapter in conjunction with the original grant of approval to the subdivision map shall also be extended by action of the Community Development Director to be co-terminus with the date of expiration of the tentative map.

B.

Extensions of Time. Upon request by the applicant, the Review Authority may extend the time for an approved permit to be exercised for any approved permit.

1.

The applicant shall file a written request for an extension of time with the Department prior to the date of expiration of the permit, together with the filing fee required by the Council's Fee Resolution.

2.

The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the Review Authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Review Authority may grant a time extension for up to an additional two years from the date of the expiration, provided that the Review Authority first finds that:

a.

The proposed extension is consistent with the General Plan, and any applicable specific plan, and the overall project remains consistent with those plans as they exist at the time the extension request is being considered; and

b.

There are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, etc.), to ensure that the proposed extension would not endanger, jeopardize, or otherwise be detrimental to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

3.

No more than two time extensions shall be granted.

C.

Hearing on Expiration. At the request of the applicant, the Review Authority shall hold a hearing on any proposed expiration of a permit, in compliance with Division 19.58 (Public Hearings).

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

Development or a new land use authorized through a permit granted in compliance with this Zoning Ordinance shall be established only as approved by the Review Authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this Section.

A.

Request for Change. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

B.

Minor Changes. The Director may approve minor changes to an approved site plan, Master Plan/Precise Development Plan, Design Review, or Use Permit if the changes:

1.

Are consistent with all applicable provisions of this Zoning Ordinance;

2.

Will not involve a change to a negative declaration or environmental impact report for the project;

3.

Do not involve a feature of the project that was specifically addressed in, or was a basis for conditions of approval for the project or that was a specific consideration by the Review Authority in the approval of the permit; and

4.

Do not expand the approved floor area or any outdoor activity area by 10 percent or more over the life of the project.

C.

Major Changes. Changes to the project that do not comply with Subsection B., above, shall only be approved by the appropriate Review Authority through a new permit application.

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

A land use permit granted in compliance with this Division shall continue to be valid upon a change of ownership (e.g., of the site, structure, or use that was the subject of the permit application), provided that the use remains in compliance with all applicable provisions of this Zoning Ordinance and any conditions of approval.

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

A.

Resubmittals prohibited within 12 months. For a period of 12 months following the disapproval, or revocation of a discretionary land use permit or entitlement, no application for the same or substantially similar project for the same site shall be filed.

B.

Director's determination. The Director shall determine whether the new application is for a project that is the same or substantially similar to the previously approved or disapproved permit or entitlement.

C.

Appeal. The determination of the Director may be appealed to the Commission, in compliance with Division 19.54 (Appeals).

D.

Council waiver. The Council may waive the prohibition in Subsection A., above.

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

A.

Applicability. When necessary to achieve the land use goals of the City, the Review Authority may impose conditions on the approval of a discretionary land use permit application requiring the property owners of an approved project who hold property in common ownership to execute and record a Covenant of Easement in favor of the City, in compliance with Government Code Sections 65870 et seq.

1.

A Covenant of Easement may be required to provide for emergency access, landscaping, light and air access, ingress and egress, parking, solar access, or for open space.

2.

The Covenant of Easement may be imposed as a condition of approval by the Review Authority.

B.

Form of Covenant. The form of the Covenant shall be approved by the City Attorney, and the Covenant of Easement shall:

1.

Describe the real property to be subject to the easement;

2.

Describe the real property to be benefitted by the easement;

3.

Identify the City approval or permit granted which relied on or required the Covenant; and

4.

Identify the purpose of the easement.

C.

Recordation. The Covenant of Easement shall be recorded in the County Recorder's Office.

D.

Effect of Covenant. From and after the time of its recordation, the Covenant of Easement shall:

1.

Act as an easement in compliance with State law (Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall be applicable to the conveyance of the affected real property; and

2.

Impart notice to all persons to the extent afforded by the recording laws of the State. Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit, all successors-in-interest to the real property.

E.

Enforceability of Covenant. The Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the City. Nothing in this Section creates standing in any person, other than the City, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.

F.

Release of Covenant. The release of the Covenant of Easement may be effected either by the Commission, or the Council on appeal, following a public hearing in compliance with Division 19.58 (Public Hearings).

1.

The Covenant of Easement may be released by the City, at the request of any person, including the City or an affected property owner, on a finding that the Covenant, on the subject property, is no longer necessary to achieve the land use goals of the City.

2.

A notice of the release of the Covenant of Easement shall be recorded by the Director with the County Recorder's Office.

G.

Fees. The City shall impose fees to recover the City's reasonable cost of processing a request for a release. Fees for the processing shall be established by the Council's Fee Resolution.

H.

Open Space Easements. Open space easements shall be granted, released, and/or modified in compliance with Government Code Sections 51075 et seq. An open space easement that was executed prior to 1974 shall be modified or released in compliance with Government Code Sections 51050 et seq.

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

DIVISION 19.48 - DEVELOPMENT AGREEMENTS

This Division establishes procedures and requirements for the review and approval of development agreements, consistent with Government Code Sections 65864, et seq.

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

19.48.020 - Application.

A.

Filing. Any owner of real property may request and apply through the Director to enter into a development agreement provided that:

The status of the applicant as the owner or long-term lessee of the property is established to the satisfaction of the Director; and

2.

The application is made on forms approved, and contains all information required, by the Director.

B.

Processing. The Director is hereby empowered to receive, review, process and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements.

C.

Application Filing and Processing.

1.

An application for a development agreement shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing).

2.

The application shall be accompanied by the information identified by the Department for development agreement applications and any other information deemed necessary by the Director.

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

A.

Commission Consideration. Upon finding the application for a development agreement complete, the Director shall set the application and draft agreement, together with staff recommendations, for a public hearing before the Commission in compliance with Division 19.58 (Public Hearings). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council.

B.

Council Consideration. Upon receipt of the Commission's recommendation, the City Clerk shall set the application, draft agreement, and written report for public hearing before the Council in compliance with Division 19.58 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve or disapprove the application and draft agreement.

C.

Council Action. Should the Council approve or conditionally approve the application and draft agreement, it shall as a part of its action, direct the preparation of a final development agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the City Manager.

D.

Ordinance Content. The ordinance shall contain findings that the development agreement is consistent with this Division, the General Plan, and any applicable specific plans.

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

19.48.040 - Content of Development Agreement.

A.

Mandatory Contents. A development agreement entered into in compliance with this Division shall contain the mandatory provisions specified by State law (Government Code Section 65865.2 [Agreement contents]).

B.

Permissive Contents. A development agreement entered into in compliance with this Division may contain the permissive provisions specified by State law (Government Code Section 65865.2 [Agreement contents]).

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

A.

Effective Date. The City shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B.

Recordation. A development agreement shall be recorded in the office of the County Recorder no later than 10 days after it is executed.

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

A.

Review Required. Every development agreement approved and executed in compliance with this Section shall be subject to annual City review, during the full term of the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews shall be collected from the applicant in compliance with Section 19.40.060 (Application Fees).

B.

Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the City.

C.

Action Based on Non-Compliance. If, as a result of periodic review the Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the Council may order, after a noticed public hearing, that the agreement be terminated or modified.

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

A.

Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations, and official policies governing allowed uses of the land, density and intensity of use, design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

B.

Additional Requirements. A development agreement does not prevent the City, in subsequent actions, from applying new rules, regulations, and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

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

19.48.080 - Amendments or Extensions to Development Agreements.

A.

Changes to Approved Development. If any development agreement is amended during its term, any change shall be consistent with the provisions of the General Plan and any applicable specific plan.

B.

Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the General Plan as of the adoption date of the amended development agreement.

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

DIVISION 19.50 - ADMINISTRATIVE RESPONSIBILITY

This Division describes the authority and responsibilities of City staff and official bodies in the administration of this Zoning Ordinance, in addition to the Council.

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

The functions of a Planning Agency shall be performed by the Novato City Council, Planning Commission, and Community Development Department, in compliance with State law (Government Code Sections 65100, et seq.)

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

The Novato City Council, in matters related to the City's planning process, shall perform the duties and functions prescribed to the Council in this Zoning Ordinance.

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

A.

Establishment. The Novato Planning Commission is established by Section 2-10 (Planning Commission and Department of Community Development) of the Municipal Code, which identifies the membership, terms of office, removal, and rules of order.

B.

Duties and Authority. The Commission shall perform the duties and functions required by Section 2-10 of the Municipal Code, and the duties and functions prescribed to the Commission in this Zoning Ordinance.

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

19.50.050 - Design Review Commission (DRC).

A.

Establishment. The Novato Design Review Commission is established by Section 2-11 (Design Review Commission) of the Municipal Code, which identifies the membership, terms of office, removal, and rules of order.

B.

Duties and Authority. The DRC shall perform the duties and functions required by Section 2-11 of the Municipal Code, and the duties and functions prescribed to the DRC in this Zoning Ordinance.

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

A.

Appointment. The Zoning Administrator shall be an employee of the Department appointed by the City Manager.

B.

Duties and Authority. The Zoning Administrator shall:

Perform the duties and functions prescribed to the Zoning Administrator in this Zoning Ordinance, including action on land use permit applications, in compliance with Section 19.40.020 (Authority for Land Use and Zoning Decisions), Table 4-1 (Review Authority), State law (Government Code Section 65901 et seq.), the California Environmental Quality Act (CEQA), and the Novato Environmental Review Guidelines;

2.

Review and act upon appeals from Department interpretations of this Zoning Ordinance, in compliance with Division 19.54 (Appeals); and

3.

Perform other responsibilities assigned by the City Manager.

C.

Delegation and Supervision. The responsibilities of the Zoning Administrator may also be carried out by Department staff under the supervision of the Zoning Administrator. When the Zoning Administrator designates a Department staff person as a deputy Zoning Administrator, the staff person shall perform the duties assigned by the Zoning Administrator in addition to those listed in Subsection B. above, as appropriate to the personnel title of the designee.

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

19.50.070 - Community Development Director.

A.

Appointment. The Community Development Director shall be appointed by the City Manager.

B.

Duties and Authority. The Director shall perform the duties assigned by Section 2-10.7 of the Municipal Code, and shall also:

1.

Have the responsibility to perform all of the functions designated by State law (Government Code Section 65103 - Planning Agency Functions);

2.

Have the responsibility and authority to take action on applications for all administrative permits and approvals issued by the Department;

3.

Perform other responsibilities assigned by the City Manager;

Perform the duties and functions prescribed in this Zoning Ordinance, including the initial review of land use applications, in compliance with State law (Government Code Sections 65901 et seq.), Section 19.40.020 (Authority for Land Use and Zoning Decisions), Table 4-1 (Review Authority), the California Environmental Quality Act (CEQA), and the Novato Environmental Review Guidelines; and

C.

Delegation and Supervision. The responsibilities of the Director may also be carried out by Department staff under the supervision of the Director. When the Director designates a Department staff person as a deputy, the staff person shall perform the duties assigned by the Director in addition to those listed in Subsection B. above, as appropriate to the personnel title of the designee.

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

DIVISION 19.52 - NONCONFORMING USES, STRUCTURES, AND PARCELS

This Division establishes uniform provisions for the regulation of nonconforming land uses, structures, and parcels.

A.

Within the zoning districts established by this Zoning Ordinance, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the terms of this Zoning Ordinance or future amendments.

B.

It is the intent of this Zoning Ordinance to discourage the long-term continuance of nonconformities, but to permit them to exist under limited conditions.

C.

This Division does not apply to land uses, structures, and parcels that were illegally established, constructed, or divided. These are instead subject to Division 19.59 (Zoning Ordinance Enforcement).

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

A.

Nonconforming Uses of Land. A nonconforming use of land, or a nonconforming use within a structure, may be continued, transferred, or sold, only as follows:

1.

Prohibited Activities for a Nonconforming Use. Owners or tenants of nonconforming uses shall not:

a.

Enlarge or increase the nonconforming use;

b.

Extend the nonconforming use to occupy a greater area of land than that occupied by the use at the time it became nonconforming;

c.

Move the nonconforming use, in whole or in part, to any other location on the subject parcel; or

d.

Retain the benefits under this Division if the nonconforming use ceases for 180 days or longer.

2.

Change of Use. A nonconforming use shall not be changed or expanded, except to reduce the extent of its nonconformity or to remove it from the site.

3.

Loss of Legal Nonconforming Use Status. Without any further action by the City, a nonconforming use shall not retain the benefits under this Division (unless exempt pursuant to Section 19.52.040) if:

a.

The nonconforming use ceases for any reason for 180 days or more;

b.

The structure in which the nonconforming use is conducted or maintained is moved any distance on the site for any reason, or is removed from the site; or

c.

The structure in which the nonconforming use is conducted or maintained is destroyed. For the purposes of this Section, "destroyed" means destruction by any means to more than 75 percent of the assessed value of the structure, excluding the value of the land.

4.

Additional Uses. Additional uses may be allowed on the site of a nonconforming use only in the case of a multitenant structure or site, or where the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this Zoning Ordinance.

5.

Replacement Uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of this Zoning Ordinance and the applicable zoning district.

B.

Nonconforming Structures. A nonconforming structure may be altered as follows:

1.

Additions or Alterations. A nonconforming structure may undergo additions or alterations, normal maintenance and repairs, including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement, provided that:

a.

The additions and alterations, and/or repairs comply with all applicable provisions of this Zoning Ordinance; and

b.

The cost of the work as determined by the Building Permit does not exceed 50 percent of the assessed value of the structure in any 24-month period, as determined by the County Assessor.

2.

Replacement After Destruction. A nonconforming structure that is destroyed by any means to more than 75 percent of its assessed value excluding the value of the land shall be reconstructed or replaced only in compliance with all applicable provisions of this Zoning Ordinance.

3.

Reserved.

4.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

a.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards; and

b.

Reconstruction required to comply with Building Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards, as identified in Subsection B.3.a, above and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc).

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

19.52.022 - Nonconforming Gas Stations.

A.

Purpose. This section establishes uniform provisions for the regulation of nonconforming gas stations (namely, gas stations that were lawfully operating and in existence prior to December 15, 2022, and is intended to:

1.

Permit the continued operation of gas stations as a legal nonconforming use and detail the circumstances under which such use is deemed to have been abandoned;

2.

Specify the modifications that can be made to a nonconforming gas station; and

3.

Prohibit nonconforming gas stations from enlarging, increasing, extending, or moving any storage or dispensing infrastructure for gasoline, diesel, or any other fossil fuel.

B.

Applicability.

1.

This Section applies to all lawfully permitted, developed, and operating gas stations in existence prior to December 15, 2022.

2.

Any gas station for which a complete application for a zoning and/or planning action has been submitted to the City prior to September 30, 2022, shall be exempt from the prohibition on new gas stations set forth in Sections 19.12.030 and 19.14.030 of this Title. However, if any such application is approved by final action of the City and the gas station that is the subject of said approval is later established in accordance with such approval, said gas station shall be subject to the balance of the provisions of this Section 19.52.022. The provisions of this Section shall not be construed to represent or imply the approval of any complete, pending application for a zoning and/or planning action related to establishing a new gas station or otherwise limit the City's discretion in approving or denying such application.

C.

Prohibited Activities at a Nonconforming Gas Station. A nonconforming gas station can continue to be operated, transferred, sold, or modified only as follows:

1.

Prohibited Activities for a Nonconforming Gas Station. An Owner and/or operator of a nonconforming gas station shall not:

a.

Enlarge, increase, extend, or move any fossil fuel storage or dispensing infrastructure existing prior to December 15, 2022, except as provided herein or as required for compliance with state or federal law. Fossil fuel dispensing and storage infrastructure subject to this provision includes, but is not limited to structures,

features, conveyances (e.g., pipelines, conduit, pumps, etc.) or other devices installed for the purpose of selling, storing, or dispensing a fossil fuel; or

b.

Relocate to any other parcel within the City regardless of whether such parcel is located in the same zoning district as the existing use.

D.

Permitted Modifications to Nonconforming Gas Stations.

1.

Modifications to Improve or Protect Soil, Groundwater, Air, or Stormwater Quality. A nonconforming gas station shall be modified to conform to current or amended soil, groundwater, air, or stormwater quality regulations of a regulatory agency with authority to regulate such matters where that agency has ordered such modifications, or its regulations require such modifications. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the Novato Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

2.

Modifications to Site & Building Design. A nonconforming gas station may undergo building and site design modifications intended to improve or maintain the appearance of the station and the parcel on which it is located, such as building façade, sign, landscaping, and hardscape renovations. Such modifications shall be subject to all applicable procedures and permit requirements (e.g., design review) specified in the Novato Municipal Code, including this Title, and shall not violate any of the limitations of Subsection C of this Section.

3.

Modifications for Other Commercial Uses. A nonconforming gas station can be modified to accommodate any land use permitted in the zoning district within which the gas station is located, subject to all applicable standards and required permits specified in the Novato Municipal Code, including this Title; and provided the activity does not violate any of the limitations of Subsection C of this Section.

4.

Modifications Required by Law. A nonconforming gas station shall be modified as required by law to comply with building safety requirements, such as seismic retrofitting, access for persons with disabilities, and similar modifications protecting public, health, safety, and welfare. An owner and /or operator of a nonconforming gas station shall be subject to all applicable procedures and permit requirements of the Novato Municipal Code, including those of this Title, applicable to the modifications described in this Subsection prior to the commencement of such modifications.

5.

Maintenance, Repair, and Replacement. A nonconforming gas station can undergo normal maintenance and repairs, including, painting, re-roofing, sign replacement, and similar activities subject to all applicable

standards and required permits specified in the Novato Municipal Code, including this Title; and provided the activity does not violate any of the limitations of Subsection C of this Section. Fossil fuel dispensing equipment can be maintained, repaired, and replaced as necessary subject to all applicable standards and required permits specified in the Novato Municipal Code, including this Title; and provided such actions do not violate any of the limitations of Subsection C of this Section.

F.

Loss of Legal Nonconforming Status. Without any further action by the City, a nonconforming gas station shall not retain the benefits of this Section and its owner and/or operator shall be conclusively presumed to have abandoned the gas station's legal nonconforming status if and when:

1.

The nonconforming gas station ceases selling, storing, or dispensing fossil fuels for a continuous period of 180-days or more; or

2.

The nonconforming gas station is converted to or replaced by a permitted, non-gas station use.

G.

Removal of Abandoned Nonconforming Gas Station. The owner and/or operator of a nonconforming gas station that loses its legal nonconforming status pursuant to Subsection F. above shall be deemed to have abandoned the nonconforming gas station and the gas station's nonconforming status. Accordingly, an abandoned gas station shall be physically removed from its site. Physical removal of the gas station shall mean demolition of all fossil fuel sale, storage, and dispensing infrastructure, including the removal of underground storage tanks pursuant to all applicable demolition regulations of the City and procedures and permits of all regulatory agencies with jurisdiction over gas stations. The physical removal of an abandoned gas station shall be completed within 180-days of abandonment of the use as determined by the Community Development Director under the provisions of Subsection F of this Section.

H.

Destruction of a Nonconforming Gas Station. A nonconforming gas station that is damaged or destroyed by any means may be restored or reconstructed as it existed immediately prior to it being damaged or destroyed subject to the limitations of subsections C. and D. of this section. The restoration or reconstruction of a nonconforming gas station shall be completed, as confirmed by a final building inspection, within two years of the date the gas station was damaged or destroyed. Failure to complete such restoration or reconstruction within the specified timeframe shall constitute abandonment of the nonconforming gas station.

(Ord. No. 1693, § 4(Exh. A), 11-15-2022; Ord. No. 1702, Exh. A, 5-9-2023)

Requirements for nonconforming signs are provided by Section 19.32.090 (Nonconforming Signs).

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

19.52.040 - Single- and Multi-Family Dwelling Units Exempt.

A.

Dwellings. Nonconforming single- and multi-family dwellings that have been involuntarily damaged or destroyed by a catastrophic event may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structures (e.g., setbacks, building height, and density standards) at the time of construction of the original structure. If no specific development standards are applicable to the original structure (e.g., structure was constructed under authority of the County of Marin) then the structure may be rebuilt as found prior to destruction.

B.

Mobile Homes. A nonconforming mobile home may be replaced with a new or newer and larger mobile home placed in the same location as the former unit, subject to Design Review (Section 19.42.030).

C.

Code Compliance. All new construction shall comply with current Building, Electrical, Plumbing, and Fire Code requirements.

D.

Design Review. The Director may require Design Review (Section 19.42.030) for the replacement of a destroyed dwelling or residential project.

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

Nothing in this Division shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, modernization, rebuilding, reconstruction, repair, or replacement of a publicly owned structure or utility.

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

19.52.060 - Nonconforming Parcels.

A.

Determination of Nonconforming Status. A nonconforming parcel of record that does not comply with the access, area, or dimensional requirements of this Zoning Ordinance for the zoning district, shall be considered to be a legal building site if it meets one of the criteria specified by this Section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

1.

Approved Subdivision. The parcel was created through a subdivision approved by the City, or the County before incorporation.

2.

Individual Parcel Legally Created by Deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel

nonconforming.

3.

Variance or Lot Line Adjustment. The parcel was approved through the Variance procedure (Section 19.42.070) or its current configuration resulted from a legally granted lot line adjustment.

4.

Partial Government Acquisition. The parcel was created in conformity with the provisions of this Zoning Ordinance, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size was decreased not more than 20 percent and the yard facing any road was decreased not more than 50 percent.

B.

Use of Nonconforming Parcels. Nonconforming parcels shall be developed and used only in compliance with all applicable provisions of this Zoning Ordinance

C.

Design Review. The Director may require Design Review (Section 19.42.030) for development proposed on nonconforming parcels.

D.

Further Subdivision Prohibited. Where structures have been erected on a nonconforming parcel, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Zoning Ordinance, or in any way that makes the use of the parcel more nonconforming.

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

A.

Use Allowed with Use Permit Approval. A land use that was legally-established without a Use Permit, but would be required by current Zoning Ordinance provisions to have Use Permit approval, shall not be altered in any way unless a Use Permit is first obtained.

B.

Use No Longer Allowed with Use Permit Approval. A land use that was established with Use Permit approval, but is not allowed with Use Permit approval by the current Zoning Ordinance may continue only in compliance with the original Use Permit. If the original Use Permit specified a termination date, then the use shall terminate in compliance with the Use Permit.

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

A.

Violations. Uses and structures which did not comply with the applicable provisions of this Zoning Ordinance or prior planning and zoning regulations when established are violations of this Zoning Ordinance and are subject to the provisions of Division 19.59 (Enforcement).

B.

Illegal Uses and Structures Prohibited. This Division does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits Required. The illegal use or structure shall not continue unless/until permits and entitlements required by this Zoning Ordinance and the Municipal Code are first obtained.

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

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the City, in compliance with Chapter 1-6 of the Municipal Code.

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

DIVISION 19.54 - APPEALS

This Division establishes procedures for the appeal and review of determinations of the Director, Zoning Administrator, Design Review Commission, or Planning Commission.

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

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows:

A.

Ordinance Administration and Interpretation. The following determinations and actions of the Director, Design Review Commission, Zoning Administrator, and Department staff may be appealed to the Planning Commission and then to the Council:

1.

Determinations on the meaning or applicability of the provisions of this Zoning Ordinance that are believed to be in error, and cannot be resolved with staff;

2.

Any determination that a permit application or information submitted with the application is incomplete, in compliance with State law (Government Code Section 65943); and

3.

Any enforcement action in compliance with Division 19.59 (Enforcement of Zoning Ordinance Provisions).

B.

Permit/Entitlement and Hearing Decisions. Decisions by the Director are appealable to the Planning Commission, except for Land Divisions pursuant to Chapter 9 and Tree Removal Permits pursuant to Chapter 17, which are appealable to the Council. Decisions by the Zoning Administrator or Design Review Commission are appealable to the Planning Commission. Decisions by the Planning Commission are appealable to the Council.

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

A.

Eligibility. An appeal may be filed by:

1.

Any person affected by an administrative determination or action by the Director, as described in Section 19.54.020.A, above.

2.

In the case of a land use permit or hearing decision described in Section 19.54.020.B, above, by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of their concerns before the hearing.

B.

Timing and Form of Appeal. Appeals shall be filed with the Department within 10 days following the final date of the determination or action being appealed. All appeals shall be submitted in writing, together with the name, address, phone number, and signature of the appellant, and the filing fee required by the Council's Fee Resolution. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C.

Scope of Land Use Permit Appeals. An appeal of a decision by the Director, Zoning Administrator, Design Review Commission, or Planning Commission on a land use permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

D.

Rights. Pending a decision on an appeal in compliance with this Zoning Ordinance, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E.

Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or City approvals concurrently granted for a single project (for example, the approval of a Use Permit is appealed on a project for which a Negative Declaration was approved at the same time), all concurrently granted determinations, findings, City permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this Division.

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

A.

Scheduling of Hearing. After an appeal has been received in compliance with Section 19.54.030 above, a noticed public hearing on the matter shall be scheduled by the Director for a Planning Commission agenda or the City Clerk for a Council agenda, as applicable to the appeal.

B.

Report. After the appeal hearing has been scheduled, the Director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C.

Joining an Appeal. Only those persons who file an appeal within the 10-day appeal period in compliance with Section 19.54.030 shall be considered appellants of the matter under appeal.

1.

Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 19.54.030.

2.

No person shall be allowed to join an appeal after the end of the 10-day appeal period.

D.

Withdrawal of Appeal. Once filed, an appellant may withdraw an appeal only within the 10-day appeal period established by Section 19.54.030.B (Timing and form of appeal).

E.

Findings and Decision.

General Procedure. The appeal body shall conduct a public hearing in compliance with Division 19.58 (Public Hearings).

a.

Scope of Review. When reviewing an appeal the Review Authority may consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The Review Authority shall also consider any environmental determination applicable to the entitlement or decision being appealed.

b.

Referral. If new or different evidence is presented during the appeal hearing or for any reason determined by the hearing body, the Commission or Council, may refer the matter back to the Director, Zoning Administrator, Design Review Commission, or Commission, as applicable, for a report and recommendation, prior to a final decision on the appeal.

c.

Decision. After a public hearing, the appeal body may:

(1)

Approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and

(2)

Adopt additional conditions of approval deemed reasonable and necessary; or

(3)

Disapprove the land use permit approved by the previous Review Authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2.

Appeals to the Council. A decision by the Director, Planning Commission or Design Review Commission, or by the Police Chief on an Adult-Oriented Business Permit (Division 19.23) may be appealed to the Council as provided by Section 19.54.030 (Filing of Appeals), above.

a.

Authority of Council. The Council shall have the authority to approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal. The appeal hearing conducted by the Council shall be de novo. The appeal may be upheld by a majority of Council members when a quorum of at least three members is present. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.

b.

Referral. The Council may refer any appeal to a lower review authority for a report and recommendation, or for further proceedings. If referred for a report and recommendation and the lower review authority changes its

decision and reports the recommendation to the Council, the appeal shall be deemed to be from the decision of the lower review authority as modified.

c.

Finality of Decision. The findings, decision, and action of the Council on an appeal shall be final.

3.

Simultaneous Appeal and Directed Referral. When an action is both appealed and a directed referral is called (Section 19.54.050), both the appeal and the directed referral shall be heard by the Council.

F.

Effective Date of Appeal Decision. A decision by the Commission on an appeal is effective on the 11th day after the decision, when no appeal to the decision has been filed with the Council. A decision by the Council is effective as of the date of the decision.

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

A.

Purpose. This Section provides procedures for an individual Councilmember to initiate a directed referral on an application where action has been taken and is normally final at a lesser level of authority.

B.

Authority. An individual member of the City Council shall have the authority, pursuant to requirements and procedures of this Section, to direct that an application, approved or denied by a lower review authority, be presented to the full membership of the Council, or direct that the matter be referred to the Planning Commission, for consideration and action.

C.

Grounds for Directed Referral.

1.

If the action will be referred to the Planning Commission, the grounds for the directed referral shall be that the individual Council member believes the matter should be considered and acted on by the Planning Commission.

2.

If the action will be referred to the Council, the grounds for the directed referral shall be that the individual Council member believes the matter should be considered and acted on by the Council.

D.

Procedure for Directed Referral. The individual Council member shall prepare and sign a written directive that specifies:

1.

Whether the action will be referred to the Planning Commission or the Council;

2.

If the action will be referred to the Planning Commission, whether the Planning Commission's decision shall automatically proceed to the Council for review; and

3.

Whether the directed referral is being initiated on the grounds specified in Subsections C.1 or C.2 above. No other grounds or reasons for the directed referral shall be stated.

The Council member shall submit the written directive to the City Manager.

E.

Time Limit. A directed referral shall be filed with the City Manager within the time limit for appeals provided by Section 19.54.030.B (Timing and Form of Appeals) or, in the case of a decision for which no time limit for appeal is specified, within 10 business days of the action being referred.

F.

Action by Planning Commission or Council. Any matter brought before the Planning Commission or Council by the directed referral process shall be considered at a noticed public hearing.

1.

All alternatives available to the Review Authority which considered the original application are also available to the Planning Commission or Council, which may approve, modify, approve with conditions, or disapprove the application(s).

2.

When reviewing a directed referral, the Planning Commission or Council may consider any issues associated with the decision being referred, in addition to the specific grounds for the referral. The hearing(s) conducted by the Planning Commission and/or Council as a result of a directed referral shall be de novo.

3.

In the event a directed referral is filed regarding a decision on one of multiple permits or City approvals concurrently granted for a single project (for example, the approval of a Use Permit is the subject of a directed referral on a project for which a Negative Declaration was approved at the same time), all concurrently granted determinations, findings, City permits and approvals for the project shall be automatically referred, and shall be considered and acted upon in compliance with this Division.

G.

Participation by Initiator of Directed Referral. The individual Councilmember who initiated the referral process shall have full participation rights in the hearing, unless actual bias or prejudice is otherwise shown.

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

DIVISION 19.56 - GENERAL PLAN, ZONING ORDINANCE AND ZONING MAP AMENDMENTS

This Division establishes provisions for the amendment of the General Plan, the official Zoning Map, or this Zoning Ordinance whenever required by public necessity and general welfare.

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

19.56.020 - Applicability.

A.

General Plan. A General Plan amendment may include revisions to text or diagrams.

B.

Zoning Map. A Zoning Map amendment has the effect of rezoning property from one zoning district to another.

C.

Zoning Ordinance. A Zoning Ordinance amendment may modify any standard, requirement, or procedure applicable to land use and/or development within the City.

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

An amendment to the General Plan, the Zoning Map, or this Zoning Ordinance shall be initiated in compliance with this Section.

A.

Who May Initiate an Amendment. An amendment may be initiated by:

1.

A resolution of intention by the Planning Commission or Council; or

2.

An application submitted in accordance with Division 19.40 (Permit Application Filing and Processing.

3.

A proposal initiated or authorized by the Director.

B.

Application Filing and Processing.

1.

An application for an amendment shall be filed and processed in compliance with Division 19.40 (Applications - Filing and Processing).

2.

The application shall be accompanied by the information identified in the Department handout for amendment applications.

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

19.56.040 - Hearings and Notice.

A.

Scheduling of Hearings. Upon receipt of a complete application to amend the General Plan, the Zoning Map, or this Zoning Ordinance, or upon initiation by the Planning Commission or Council, and following Department review, public hearings shall be scheduled before the Planning Commission and Council.

B.

Notice of Hearings. Notice of the hearings shall be given in compliance with Division 19.58 (Public Hearings).

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

The Planning Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 19.56.070 (Findings and Decision), below.

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

A.

Approval or Disapproval of Amendment. Upon receipt of the Planning Commission's recommendation, the Council shall, approve, approve in modified form, or disapprove the proposed amendment based upon the findings in Section 19.56.070 (Findings and Decision), below.

B.

Referral to Commission.

1.

If the Council proposes to adopt any substantial modification to the amendment not previously considered by the Planning Commission during its hearings, the proposed modification shall be first referred back to the

Planning Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zoning Map/Ordinance Amendments]).

2.

Failure of the Planning Commission to report back to the Council within 40 days after the referral, or within any longer time set by the Council, shall be deemed a recommendation for approval of the modifications.

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

19.56.070 - Findings and Decision.

A.

Findings for General Plan Amendments Not Involving the UGB. An amendment to the General Plan not involving the Urban Growth Boundary may be approved only if the Review Authority first makes all of the following findings:

1.

The proposed amendment is internally consistent with the General Plan;

2.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

3.

The proposed amendment would further the goals, objectives, policies and programs of the General Plan.

4.

If involving a land use map amendment, the following additional finding shall be made: the site is physically suitable (including consideration of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use.

B.

Findings for a General Plan Amendment to the UGB. In accordance with Ordinance No. 1379A adopted by the voters of the City of Novato, the Urban Growth Boundary (UGB) may be amended only by a vote of the people or pursuant to the any of the following procedures. Until November 4, 2017, an amendment to the UGB may be approved by the Council only in compliance with one or more of the criteria listed in Subsections B.1 through B.5 below, provided that the findings required by each Subsection are first made, in addition to the findings in Subsection A above.

1.

To provide for housing for all economic segments of the community, no more than 10 acres of land to be designated for residential uses, may be brought within the UGB in any calendar year. Such an amendment may be adopted by an affirmative majority vote of the Council, only if the Council first makes each of the following findings:

a.

The land is immediately adjacent to existing comparably developed areas, and the applicant for the redesignation (or the City if City-initiated) has provided evidence that the Novato Fire Protection District, Novato Police Department, Novato Community Development Department, the North Marin Water District, Novato Sanitary District, and the School District have adequate capacity to accommodate the proposed development and provide it with adequate public services;

b.

The proposed development will consist of primarily low and very low income housing in compliance with the Housing Element of the General Plan;

c.

There is no existing residentially designated land available within the UGB that can feasibly accommodate the proposed development;

d.

It is not reasonably feasible to accommodate the proposed development by redesignating lands within the UGB for low and very low income housing; and

e.

The proposed development is necessary to comply with state law requirements for the provision of low and very low income housing.

2.

To avoid an unconstitutional taking of private property, the Council may amend the UGB by an affirmative majority vote if it finds that:

a.

The implementation and/or application of the UGB would otherwise constitute a taking of a landowner's property for which compensation must be paid; and

b.

The amendment of the UGB will allow additional land uses consistent with the General Plan only to the minimum extent necessary to avoid such a taking of the landowner's property.

3.

To promote the public health, safety, and welfare, the Council may, by an affirmative majority vote, amend the UGB if it finds that the amendment is necessary for the development of a public park, public school, public facility, or public open space project, and such amendment is otherwise consistent with the General Plan then in effect.

To promote the public health, safety, and welfare, the Council may, by an affirmative majority vote, amend the UGB if the Council makes each of the following findings:

a.

The amendment is the only feasible method of addressing a significant threat to the public health, safety, and welfare;

b.

The amendment would not provide for new development; and

c.

The amendment only involves developed or substantially developed lands.

5.

The Council may, by an affirmative majority vote, exempt projects that have a vested right under law to proceed with development, if the Council determines that the exemption is necessary for the project to proceed consistent with that vested right.

C.

Findings for Zoning Map/Ordinance Amendments. An amendment to the Official Zoning Map or this Zoning Ordinance may be approved only if the Review Authority first finds all of the following, as applicable to the type of amendment:

1.

Findings Required for all Zoning Map/Ordinance Amendments.

a.

The proposed amendment is consistent with the General Plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

c.

The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the Novato Environmental Review Guidelines.

2.

Additional Finding for Zoning Map Amendments. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.

Additional Finding for Zoning Ordinance Amendments. The proposed amendment is internally consistent with other applicable provisions of this Zoning Ordinance.

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

A Zoning Ordinance/Map amendment shall become effective on the 31st day following the adoption of an ordinance by the Council. A General Plan amendment shall become effective upon the adoption of a resolution by the Council.

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

A.

Purpose. An unincorporated property within the City's sphere of influence may be prezoned to the zoning district that would apply upon annexation to the City, and consistent with the principles of the Urban Growth Boundary.

B.

Initiation and Processing. A prezoning shall be initiated, processed, and approved or disapproved in the same manner as provided for other amendments by this Chapter.

C.

Application of Official Zoning Designation. Upon the effective date of annexation, the zoning designation established by prezoning shall become the official zoning for the property and shall be so designated on the Zoning Map.

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

19.56.100 - Waiver of Dual Annexation Policy for Proposed Special District Annexations.

A.

Purpose. This Section provides procedures for consideration of proposed annexations to the Novato Sanitation District of properties located within the City's Sphere of Influence but outside the City's Urban Growth Boundary to determine compliance with land use Policy 10A of the General Plan, and the Urban Growth Boundary Initiative. These procedures are intended to respond to the Dual Annexation Policy of the Marin County Local Agency Formation Commission (LAFCO).

B.

Applicability. These procedures apply only to referrals from LAFCO for a policy waiver for properties outside of the City limits but within the City's Sphere of Influence that are proposed for annexation to a special district to obtain urban services.

C.

Pre-application Review. Prior to the filing of a formal application for annexation with LAFCO, the applicant may file a request for pre-application review with the City, including the information and materials required by the Director. The Director shall determine whether the request is consistent with the criteria of the Urban Growth Boundary Ordinance and General Plan policies, and shall provide a preliminary determination.

D.

Requests for Policy Waiver.

1.

Requests for a Dual Annexation policy waiver based on health and safety issues shall be approved by the Director only if the Director finds the waiver necessary for public health and safety in accordance with Section 19.56.070B4. The director may refer the matter to the Planning Commission for a recommendation to the Council.

2.

If not a health and safety issue, requests for a Dual Annexation policy waiver on proposed special district annexations shall be referred to the Commission for a report and recommendation to the Council on consistency with the General Plan, including the Urban Growth Boundary ordinance.

3.

The Council shall hold a public hearing in compliance with Division 19.58, prior to a decision on a requested Dual Annexation Policy waiver. The requested waiver may be approved by affirmative vote of the majority of the Council only if the Council finds the waiver necessary for public health and safety, or if the Council finds that waiver of the Dual Annexation Policy meets any of the criteria and findings defined in Section 19.56.070 (Findings for a General Plan Amendment to the Urban Growth Boundary).

Dual Annexation Policy waiver. The requested waiver may be approved by affirmative vote of the majority of the Council only if the Council finds the waiver necessary for public health and safety, or if the Council finds that waiver of the Dual Annexation Policy meets any of the criteria and findings defined in Section 19.56.070 (Findings for a General Plan Amendment to the Urban Growth Boundary).

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

DIVISION 19.58 - PUBLIC HEARINGS

This Division establishes procedures for discretionary actions of the Director or public hearings before the Zoning Administrator, Design Review Commission, Planning Commission, and Council. When a discretionary action or public hearing is required by this Zoning Ordinance, public notice shall be given and the action or hearing shall be conducted as provided by this Division.

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

When a land use permit, or other matter requires a public hearing or public notice, the public shall be provided notice of an opportunity for public hearing or meeting in compliance with state law (Government Code Sections 65090, 65091, 65094, 66451.3, and 65850-65857, and Public Resources Code 21000 et seq.), and as required by this division.

A.

Contents of Notice. Notice of discretionary action or public hearing shall include:

1.

Hearing Information. The date of the action or the date, time, and place of the hearing and the name of the individual taking action, hearing body or officer; the phone number and street address of the Department, where an interested person could call or visit to obtain additional information; and

2.

Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, if any, that is the subject of the hearing; and

3.

Statement on Environmental Document. If a draft Negative Declaration or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the Novato Environmental Review Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the draft Negative Declaration or certification of the final Environmental Impact Report.

4.

Waiver of Hearing. For administrative actions to be approved by the Zoning Administrator or Director, the notice shall specify the action date and officer and shall indicate that an opportunity for hearing will be provided if requested in writing prior to taking action on the application. If no request is received prior to the action date, the public hearing shall be waived and the application may be approved, denied, or approved with conditions.

B.

Method of Notice Distribution. Notice of an accessory dwelling unit permit, or a discretionary action or public hearing required by this Division for a land use permit, amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091).

1.

Publication. Notice shall be published at least once in a newspaper of general circulation in the City at least 10 days before the date of the hearing or action. Publication shall not be required for tree permits, accessory dwelling unit permits or Design Review applications.

2.

Mailing. Notice shall be mailed or delivered at least 10 days before the date of the hearing or action to the following:

a.

Owners of the Project Site. Owners of the project site. The owners of the property being considered in the application, or the owner's agent, and the applicant;

b.

Local Agencies. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected, and any adjacent City or County government;

c.

Affected Owners. All owners of real property as shown on the latest county equalized assessment roll, within a radius defined below from the exterior boundaries of the parcel that is the subject of either a hearing, action or neighborhood meeting described in subsection 19.40.070D.

i.

For applications involving an amendment of the general plan or urban growth boundary, amendment of the zoning map or text. Master plans and amendments, precise development plans and major amendments, development agreements, a tentative map, use permit, variance, zoning code interpretation or major design review mailed notice shall be provided to property owners within 600 feet of the exterior boundaries of the subject parcel(s);

ii.

For applications involving minor design review, minor amendments to precise development plans involving minor architectural or site changes consistent with the adopted master plan, SB 9 developments, land division of four or fewer lots, lot line adjustment, or a tree permit mailed notice shall be provided to property owners within 300 feet of the exterior boundaries of the subject parcel(s);

iii.

For applications involving accessory dwelling units, mailed notice shall be provided to property owners within 100 feet of the exterior boundaries of the subject parcel; and

d.

Persons Requesting Notice. Any person who has filed a written request for notice with the Director and who has paid the required fee for the notice.

3.

Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection B.2.a through B.2.c above is more than 1,000, the Director may choose to provide the alternative notice by placing a display advertisement of at least 1/8 page in at least one newspaper of general circulation within the City at least 10 days prior to the date of the hearing, in accordance with Government Code Section 65091(a)(3).

4.

On-Site Posting. The applicant shall install one or more signs on the subject property in a place conspicuous to the public, at least ten days before the first scheduled neighborhood meeting or hearing, as follows. Applications involving Minor Design Review, minor Precise Development Plan amendments, land divisions of four or fewer lots, lot line adjustments and tree permits are exempt from this requirement.

a.

Sign Size. The size of the sign shall be 11 inches by 17 inches. Applications involving new development of five or more housing units, 10,000 or more square feet of non-residential development or new tentative maps shall provide one or more signs four feet in height and eight feet in length.

b.

Number of Signs. One sign shall be displayed on each public street frontage of the subject property.

c.

Sign Location. The sign(s) shall be located in a position most visible to the public, but not more than ten feet from the property line. On a corner parcel, the sign(s) shall not be located in the triangle of visibility established by subsection 19.20.070D.

d.

Content. Content for the sign(s) shall be consistent with a format established by the city and approved by city staff prior to installation.

e.

Installation. The applicant shall submit to the city a signed affidavit verifying the date of installation of the sign(s).

f.

Removal. The sign(s) shall be removed within 15 days of final decision on the application(s) or withdrawal of the application.

5.

Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1628, § 4(Exh. C), 11-14-2017; Ord. No. 1725, § 5(Exh. A), 7-22-2025)

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and the Novato Environmental Review Guidelines, the matter shall be scheduled for action by the Director or for a public hearing on a Zoning Administrator, Design Review Commission, Commission, or Council agenda (as applicable).

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

19.58.040 - Review Authority Decision and Notice.

A.

Decision.

1.

The Review Authority (Zoning Administrator, Community Development Director, Design Review Commission, Planning Commission, or Council, as applicable) may record their decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later date in compliance with Section 19.58.060 (Hearing Procedure), or in the case of the Zoning Administrator/Director, take the matter under advisement and issue a written decision.

2.

Prior to, or at the conclusion of the notice period, the Director or Zoning Administrator may instead refer the matter to the Planning Commission or Design Review Commission, as appropriate for determination. The referral will require a noticed hearing before the Planning Commission or Design Review Commission.

3.

The decision of the Council on any matter shall be final.

B.

Notice of Decision. After the final decision or recommendation is rendered by the Review Authority, notice of the decision shall be mailed to the applicant, and the property owner, if different from the applicant.

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

At the conclusion of any public hearing on a Master Plan or Precise Development Plan, a Development Agreement, a General Plan amendment, a specific plan, the Zoning Map, or this Zoning Ordinance, the Commission shall forward a recommendation, including all required findings, to the Council for final action.

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

A decision of the Director, Zoning Administrator, Design Review Commission, or Planning Commission (other than a recommendation in compliance with Section 19.58.050) is final and effective on the 11th day following the decision unless an appeal is filed in compliance with Division 19.54 (Appeals).

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

A.

Holding of Hearings. Hearings shall be held at the date, time, and place described in the public notice required by this Division.

B.

Continuances. If a hearing cannot be completed on the scheduled day, the Review Authority, before opening the hearing or the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued or may withdraw the item and continue the hearing pending further notice.

C.

Additional Notice Not Required. Additional notice for a hearing continued to a date certain is not required.

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

DIVISION 19.59 - ZONING ORDINANCE ENFORCEMENT

This Division establishes provisions which are intended to ensure compliance with the requirements of this Zoning Ordinance and any conditions of land use permit or subdivision approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

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

All departments, officials, and employees of the City who are assigned the authority or duty to issue permits or licenses shall comply with the provisions of this Zoning Ordinance.

A.

Permits in Conflict with Ordinance. Permits for uses or structures that would be in conflict with the provisions of this Zoning Ordinance shall not be issued.

B.

Permits Deemed Void. Any permit issued in conflict with the provisions of this Zoning Ordinance shall be deemed void.

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

A.

Designated Employee. The Director may:

1.

Exercise the authority provided in Section 836.5 of the Penal Code through the Code Enforcement Officer; and

2.

Issue citations for any violations of this Zoning Ordinance pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure.

B.

Police Chief. The Police Chief shall render any and all necessary assistance to the Director for the enforcement of this Zoning Ordinance.

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

Any structure constructed or maintained contrary to the provisions of this Zoning Ordinance and any use of land or structures operated or maintained contrary to the provisions of this Zoning Ordinance are hereby declared to be a public nuisances.

A.

Public Nuisance. Any structure or use which is altered, constructed, converted, enlarged, established, erected, maintained, moved, or operated, contrary to the provisions of this Zoning Ordinance or any applicable condition of approval imposed on a permit, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in this Division and Section 1-5 (Penalty) of the Municipal Code.

B.

Criminal Violation. Any person, whether an agent, principal, or otherwise, violating or causing the violation of any provision of this Zoning Ordinance or any permit issued in compliance with this Zoning Ordinance shall be guilty of a misdemeanor or an infraction at the election of the City and/or its prosecuting official, and upon conviction thereof, shall be punishable by the applicable fine established by the Council.

C.

Misdemeanors. Any offense that would otherwise be an infraction may, at the discretion of the District Attorney or City Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any provision of this Zoning Ordinance within the 12 months immediately preceding the commission of the offense, or has been convicted of three or more violations of any provision of this Zoning Ordinance within the 24 months immediately preceding the offense.

D.

Stop Work Order.

1.

Any construction in violation of this Zoning Ordinance or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order."

2.

Any violation of a Stop Work Order shall constitute a misdemeanor, subject to the penalties described in Section 1-5 of the Municipal Code.

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

A.

Cumulative, Not Exclusive. All remedies contained in this Zoning Ordinance for the handling of violations or enforcement of the provisions of this Zoning Ordinance shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B.

Other Remedies. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this Zoning Ordinance, the conviction shall not prevent the City from pursuing any other available remedy to correct the violations.

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

A.

Preapproval Inspections. Every applicant seeking a permit or any other action in compliance with this Zoning Ordinance shall allow the City officials handling the application access to any premises or property which is the subject of the application.

B.

Post-Approval Inspections. If the permit or other action in compliance with this Zoning Ordinance is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.

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

An approved master plan, precise development plan land use permit or entitlement may be revoked, or conditions of approval or other provisions of the permit or entitlement may be modified by the City in compliance with this Section.

A.

Hearings and Notice.

1.

The appropriate Review Authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this Zoning Ordinance.

2.

Ten days before the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted.

3.

Notice shall be deemed delivered two days after being mailed, certified and first class, through the United States Postal Service, postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, if not the owner of the subject property.

B.

Review Authority's Action.

1.

Permits. A master plan, land use entitlement or permit may be revoked or modified by the Review Authority (e.g., Director, Zoning Administrator, Design Review Commission, Planning Commission, or Council) which originally approved the entitlement or permit, or the equivalent City Review Authority, for entitlements or permits originally approved under the County's authority, if any one of the following findings of fact can be made in a positive manner:

a.

Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;

b.

The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;

c.

One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

d.

The use or structure for which the permit was granted has ceased to exist or has been suspended for at least 180 days;

e.

The improvement authorized in compliance with the permit is not consistent with the General Plan or specific plan or is in violation of any code, law, ordinance, regulation, or statute; or

f.

The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a nuisance.

g.

It has been five years since the approval of the master plan and a precise development plan has not been approved.

2.

Variances. A Variance may be revoked or modified by the Review Authority which originally approved the entitlement, or the equivalent City Review Authority, for entitlements originally approved under the County's authority, if any one of the following findings of fact can be made in a positive manner, in addition to those outlined in Subsection B.1, above:

a.

Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or

b.

One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.

C.

Effect of Revocation. The revocation of a land use entitlement or permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.

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

This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Ordinance. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Division may be avoided.

A.

Notice to Responsible Parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of the violation, and citations of applicable Zoning Ordinance provisions being violated;

2.

A time limit for correcting the violation in compliance with Subsection B, below;

A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violations in compliance with Section 19.59.100 (Recovery of Costs), and/or initiate legal action as described in Section 19.59.090 (Legal Remedies);

4.

A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations.

B.

Time Limit for Correction.

1.

The Notice of Violation shall state that the violations shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.

2.

The 30-day time limit may be extended by the Director upon a showing of good cause.

3.

The Director may also require through the Notice of Violation that the correction occur within less than 30 days if the Director determines that the violation constitutes a hazard to public health or safety.

C.

Use of Other Enforcement Procedures. The enforcement procedures of Section 19.59.090 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violations within a reasonable time.

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

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violations of this Zoning Ordinance:

A.

Civil Actions.

1.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation of this Zoning Ordinance.

Abatement Proceedings. Where any person fails to abate a violation after being provided a Notice of Violation in compliance with Section 19.59.080.A and the opportunity to correct or end the violation, the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.

3.

Nuisance Abatement. The City may pursue nuisance abatement in compliance with Chapter 1-6 of the Municipal Code (Public Nuisance Abatement).

B.

Civil Remedies and Penalties.

1.

Civil Penalties. Any person who willfully violates the provisions of this Zoning Ordinance or any permit issued in compliance with this Zoning Ordinance, shall be liable for a civil penalty in compliance with the Code Enforcement Fee Schedule for each day that the violation continues to exist.

2.

Costs and Damages. Any person violating any provisions of this Zoning Ordinance or any permit issued in compliance with this Zoning Ordinance, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violations.

3.

Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

C.

Criminal Actions and Penalties. See Section 19.59.040.B (Criminal Violation).

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

This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Zoning Ordinance in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement.

A.

Record of Costs.

The Department shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of this Zoning Ordinance, and shall recover the costs from the property owner in compliance with this Section.

2.

Staff time shall be calculated at an hourly rate as established and revised from time to time by the Council.

B.

Notice. Upon investigation and a determination that a violation of any of the provisions of this Zoning Ordinance is found to exist, the Director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.

C.

Summary of Costs and Notice.

1.

At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail.

2.

The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

3.

In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.

4.

The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment, or by a lien on the property, at the City's election.

D.

Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

1.

A request for hearing shall be filed with the Department within 10 days of the service by mail of the Department's summary of costs, on a form provided by the Department.

2.

Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.

3.

In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

4.

The Director's decision shall be appealable to the Council as provided by Division 19.54 (Appeals).

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

Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves any structure without first obtaining any permit required by this Zoning Ordinance, shall pay the additional permit processing fees established by the Council's Fee Resolution for the correction of the violations, before being granted a permit for a use or structure on the site.

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

A.

Amount and Applicability of Reinspection Fee.

1.

A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted Building Code, or State law.

a.

The fee amount shall be established by the Council's Fee Resolution.

b.

The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

2.

The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

B.

Continuation of the Original Case.

1.

If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Ordinance or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

2.

This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Zoning Ordinance or the Municipal Code.

3.

Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Ordinance or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance.

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

DIVISION 19.60 - DEFINITIONS/GLOSSARY

This Division provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Ordinance. If a word is not defined in this Article, or in other provisions of the Zoning Ordinance, the most common dictionary definition is presumed to be correct.

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

As used in this Zoning Ordinance, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A.

Definitions, "A."

Accessory Dwelling Units. See Section 19.34.030.

Accessory Residential Uses and Structures. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

garages

gazebos

greenhouses

mechanic equipment (i.e., air conditioning, spa or pool equipment)

spas and hot tubs

storage sheds

studios

swimming pools

tennis and other on-site sport courts

workshops

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: accessory dwelling units, which are separately defined; or home satellite dish and other receiving antennas for earthbased TV and radio broadcasts (see "Telecommunications Facilities").

Accessory Retail and Service Uses. The retail sales of various products (including food) and/or the provision of personal services (e.g., hair cutting, etc.) within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from public streets. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. For the purposes of this Zoning Ordinance, accessory structures and uses include: detached garages, greenhouses, artist's studios, and workshops; pool enclosures, and any other open air enclosures, including gazebos, trellises and detached patio covers.

Accessory Use. A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, which does not alter the principal use nor serve property other than the parcel where the principal use is located.

Acre. One acre is 43,560 square feet.

Acre, Net. A net acre is one acre minus:

Any easement or area included as a proposed public or private facility, such as an alley, highway, street, or other necessary public site within a proposed development project; or

2.

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

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

Adult-Oriented Business Definitions. The following are definitions related to the regulations of this Zoning Ordinance in Division 19.23 related to Adult-Oriented Businesses:

1.

Adult-Oriented Businesses. Shall mean any one or more of the following:

a.

Adult Arcade. An establishment where, for a fee or any other form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

b.

Adult Bookstore. An establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.

c.

Adult Cabaret. A nightclub, restaurant, or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear seminude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

d.

Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for a fee or any other form of consideration which, (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents,

leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

e.

Adult Motion Picture Theater. A business establishment where, for a fee or any other form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

f.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for a fee or any other form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

g.

Reserved.

h.

Modeling Studio. A business which provides, for a fee or any other form of consideration, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying the consideration. "Modeling studio" does not include schools maintained in compliance with standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

2.

Adult-Oriented Business Operator ("Operator"). A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult-Oriented Business or the conduct or activities occurring on the premises thereof.

3.

Bar. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

4.

Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by the phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3 151 (1981).

Establishment of an Adult-Oriented Business. Shall mean and include any of the following:

a.

The opening or commencement of any Adult-Oriented Business as a new business;

b.

The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business;

c.

The addition of any of the Adult-Oriented Businesses to any other existing Adult-Oriented Business; or

d.

The relocation of any Adult-Oriented Business.

6.

Figure Model. Any person who poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted, in return for monetary compensation.

7.

Nudity or a State of Nudity. The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

8.

Operate an Adult-Oriented Business. The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an Adult-Oriented Business or activities within an Adult-Oriented Business.

9.

Permittee. "Permittee" means the person to whom an Adult-Oriented Business Permit is issued.

10.

Police Chief. The Police Chief of the City of Novato or the authorized representatives thereof.

11.

Regularly Features. With respect to an adult theater or adult cabaret, "regularly features" means a regular and substantial course of conduct. The fact that live performances that are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

School. As used in Division 19.23 (Adult-Oriented Businesses), any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

13.

Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

14.

Specified Anatomical Areas. Shall mean and include any of the following:

a.

Less than completely and opaquely covered human (a) genitals or pubic region; (b) buttocks; and (c) female breast below a point immediately above the top of the areola;

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

c.

Any device, costume or covering that simulates any of the body parts included in 1. or 2. above.

15.

Specified Sexual Activities. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

b.

Sex acts, actual or simulated, including intercourse, oral copulations or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as part of or in connection with any of the other activities described in 1. through 3. above.

Affordable Unit. An ownership or rental housing unit as required by this section, which is affordable by households with very low or low income.

Affordable Unit within a Residential Care Facility for the Elderly. A unit within a residential care facility for the elderly that is affordable to households with very low or low income as defined for Marin County by the U.S. Department of Housing and Urban Development based on the San Francisco Primary Metropolitan Statistical Area median income levels as published by the Marin County Housing Authority.

Agency. The City of Novato Redevelopment Agency.

Agency Director. The executive director or designee of the City of Novato Redevelopment Agency.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

Agricultural Accessory Structure. This land use is an uninhabited structure for the storage of farm animals, implements, supplies or products, that contains no residential use, is not accessory to a residential use, and is not open to the public. Includes:

barns

coops

corrals

grain elevators

pens

silos

stables

other similar structures

Does not include commercial greenhouses (which are under "Plant Nurseries") or structures for agricultural processing activities (which are under "Agricultural Processing").

Agricultural Employee. Shall have the same meaning as defined in Section 1140.4 of the California Labor Code.

Agricultural Processing. The processing of crops after harvest, to prepare them for on-site marketing or processing and packaging elsewhere. Includes the following:

alfalfa cubing

corn shelling cotton ginning custom grist mills custom milling of flour, feed and grain

drying of corn, rice, hay, fruits and vegetables

grain cleaning and custom grinding

hay baling and cubing

pre-cooling and packaging of fresh or farm-dried fruits and vegetables

sorting, grading and packing of fruits and vegetables

tree nut hulling and shelling

Any of the above activities performed in the field with mobile equipment not involving permanent structures are included under the definition of "Crop Production and Horticulture."

Agricultural Worker Housing Center. Is employee housing consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8 of California Health and Safety Code.

Agriculture. The tilling of soil, raising of crops, horticulture, viticulture, small livestock farming, dairying and/or animal husbandry, including accessory structures and accessory uses customarily incidental thereto, but not including slaughter houses, fertilizer works, bone yards or plants for the reduction of animal matter.

Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption.

Alcoholism or Drug Abuse Recovery or Treatment Facility, 6 or fewer persons. Pursuant to Section 11834.02 of California Health and Safety Code, this land use consists of any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services in a single-family residence.

Alcoholism or Drug Abuse Recovery or Treatment Facility, 7 or more persons. Pursuant to Section 11834.02 of California Health and Safety Code, this land use consists of any premises, place, or building that provides residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Allowed Use. A use of land identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as a permitted or conditional use that may be established with land use permit and, where applicable, Design Review and/or Building Permit approval, subject to compliance with all applicable provisions of this Zoning Ordinance.

Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

Ambient Noise. The composite of noise from all sources within a given area, which constitutes the existing level of environmental noise at a given location.

Amenity. Interior features which are not essential to the health and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior Amenities may include, but are not limited to fireplaces, garbage disposals, dishwashers, cabinet and storage space and bathrooms in

excess of one. Amenities shall in no way include items required by City building codes or other ordinances which are necessary to insure the safety of the building and its residents.

Amusement and Theme Park. See Outdoor Recreation - Active and/or Indoor Amusement and Entertainment Facilities.

Ancillary. See "Accessory Use."

Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis, but excluding the boarding of domestic animals.

Animal Keeping. The non-commercial keeping or raising of farm animals, including cattle, goats, horses, sheep, swine (including pot bellied pigs), fowl, poultry, and other animals determined by the Director to not be common household pets. Does not include: birds, cats, dogs, and other household pets or exotic animals, which are separately defined.

Antenna. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission and/or reception of electromagnetic radiation waves, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. Antenna-related definitions include the following.

1.

Antenna, Amateur Radio. Any antenna used for transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).

2.

Antenna, Building or Roof Mounted. An antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building.

3.

Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna.

4.

Antenna, Ground Mounted. Any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation.

5.

Antenna, Monopole. A structure composed of a single spire used to support antennas and related equipment.

6.

Antenna, Panel. An antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna.

7.

Antenna, Satellite. An antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites.

8.

Antenna, Whip. An antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. They are typically less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick or pipe antennas.

Apartment. See "Multi-Family Dwellings."

Applicant. Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks City permits and approvals.

Approval. Includes both approval and approval with conditions.

Area, Lot. See "Lot Area."

Art, Antique, Collectible and Gift Stores. Retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books.

Assembly. A use engaged in the assembly or manufacture, predominantly from previously prepared materials or parts, of finished products or parts, including processing, fabrication, and packaging of such products, but excluding basic industrial processing of extracted or raw materials.

At One Location. All adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way, or separated only by other land of the applicant.

Attached Dwelling. Connected to another structure by a permanent common wall and roof.

Attic. The area located between the uppermost plate and the roof or ridge of a structure.

Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicle Services"). Does not include tire recapping establishments, which are found under "Vehicle Services" or businesses dealing exclusively in used parts, which are included under "Recycling - Scrap and Dismantling Yards."

Auto Repair and Maintenance. The repair, alteration, or restoration of automobiles, trucks, recreational vehicles, boats, motorcycles and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts. This use is separated into the following categories.

1.

Major Auto Repair and Maintenance. Businesses involved in the repair, restoration, or alteration of major vehicle components, including the rebuilding, replacement or reconditioning of engines or transmissions; collision services, including body, frame or fender straightening or repair; painting or paint shop; customization services, such as suspension alterations (e.g., lifting and lowering of vehicles), and tire recapping.

Minor Auto Repair and Maintenance. Businesses involved in the repair, restoration, or alteration of minor vehicle components, including the replacement of tires, tubes, and batteries; diagnostic services, minor motor services such as grease, oil, spark plug, and filter part changes, radiators, mufflers, performing state inspections and making minor repairs necessary to pass said inspection; servicing of air-conditioning systems, wheel/tire balancing and alignments, brakes, automotive glass and upholstery; stereo installations, and other similar minor services for motor vehicles except heavy load vehicles.

Auto repair and maintenance does not include automobile parking (see "Parking Facilities and Vehicle Storage"), repair shops that are part of a vehicle dealership on the same site (see "Auto Sales and Rental," and "Mobile Home, RV, Motorcycle and Boat Sales"); automobile service stations (see "Gas Station"), attended or self-service car washes (see "Car Wash") or automobile dismantling yards, which are included under "Recycling - Scrap and Dismantling Yards."

Auto Sales and Rental. Retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sale of parts and accessories, incidental to the primary auto sales and/or rental use. Does not include: bicycle (see "General Retail"); mobile home sales (see "Mobile Home, RV and Boat Sales"); tire recapping establishments (see "Auto Repair"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards"); or "Gas Stations," which are separately defined.

s and the sale of parts and accessories, incidental to the primary auto sales and/or rental use. Does not include: bicycle (see "General Retail"); mobile home sales (see "Mobile Home, RV and Boat Sales"); tire recapping establishments (see "Auto Repair"); businesses dealing exclusively in used parts, (see "Recycling - Scrap and Dismantling Yards"); or "Gas Stations," which are separately defined.

Automated Teller Machines (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations.

Automobile Dismantling Yard. See "Recycling - Scrap, and Dismantling Yards."

Average Slope. The characteristic slope of the ground surface of an area of land, expressed as a percent, based on the most accurate available topographic information. Average slope shall be determined using one of the following methods.

1.

Basic Method. This method can be used where the Director determines that slopes are uniform, with little variation. Where line drawn between the highest and lowest points on a parcel is adequate to represent the direction and extent of slope for the entire parcel, the difference in elevation between the high and low points, divided by the distance between the points will determine the average slope.

2.

Contour Measurement Method. Where varied slope conditions or complex topography exist, the most precise measurement of average slope is the following formula.

A-Weighted Sound Level (dBA). A decibel scale that approximates the way the human ear responds to sound frequency levels.

B.

Definitions, "B."

Banks and Financial Services. Financial institutions including:

banks and trust companies

credit agencies

holding (but not primarily operating) companies

lending and thrift institutions

other investment companies

securities/commodity contract brokers and dealers

security and commodity exchanges

vehicle finance (equity) leasing agencies

See also, "Automated Teller Machine," above.

Bar. See "Night Clubs and Bars."

Basement. A story having at least one half of its height below grade. A basement shall be counted as a story or as part of the floor area if the vertical distance from grade to the ceiling is over five feet or if it is used for business or dwelling purposes.

Basic Services. Services provided by a residential care facility for the elderly that may include daily activities (social, recreational and educational); community space; utilities and cleaning; safety and security; 24 hour experienced staff; maintenance of residence and grounds; personal care; three daily meals; family support activities; transportation; and medication administration.

Bed and Breakfast Inns (B&Bs). Residential structures with one family in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "Hotels and Motels." Does not include room rental, which is separately defined (see "Rooming and Boarding Houses).

Best Management Practice. A method, activity, maintenance procedure, or other management practice for reducing the amount of pollution entering a water body. The term originated from the rules and regulations developed pursuant to the federal Clean Water Act (40 CFR 130).

Block. That property abutting on one side of a street and lying between the two nearest intersecting streets, or nearest intersecting streets and railroad right-of-way, mean high tide line or unsubdivided acreage.

Board and Care Home. See "Residential Care Facilities for the Elderly."

Bookstore. A retail store specializing in new or used books; does not include adult businesses.

Broadcasting Studio. A facility where movies, television shows or radio programs are produced and/or transmitted.

Buffer Zone. Areas set aside and maintained in a natural state to minimize the negative effects of land development or human intrusion and use on animals and plants and their habitats.

Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the of the roof at every point, then each such portion shall be deemed to be a separate building. See also "Structure."

Building Coverage. The percentage of total site area occupied by buildings, including the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, and stairs, etc.). Building coverage is measured from exterior wall to exterior wall.

Building Envelope. The area of lot within the required setbacks and limited by the maximum lot coverage and floor area ratios or as defined by an approved Precise Development Plan where a building can be constructed or expanded.

Building Footprint. The area outlining the foundation or exterior walls of a building.

Building Material Stores. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all these stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehousing, Wholesaling and Distribution." Hardware stores are listed in the definition of "General Retail," even if they sell some building materials.

Building, Main. A building in which the principal use of the lot is conducted. In any residential or agriculture district any dwelling shall be deemed to be a main building upon the lot.

Building Site. A lot as defined herein.

Business Support Services. Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

blueprinting

business equipment repair services (except vehicle repair, see "Vehicle Services")

commercial art and design (production)

computer-related services (rental, repair)

copying and quick printing services

equipment rental businesses within buildings (rental yards are under "Outdoor Retail Sales and activities")

film processing laboratories

heavy equipment repair services where repair occurs on the client site

janitorial services

mail advertising services (reproduction and shipping)

outdoor advertising services

photofinishing

protective services (other than office related)

soils and materials testing laboratories

window cleaning

C.

Definitions, "C."

California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 19000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the State.

Cannabis Related Definitions.

1.

Cannabis. This term refers to all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26000(f), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code section 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

2.

Cannabis—Manufactured. This term means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

3.

Cannabis—Medical or Medicinal Cannabis. These terms are used interchangeably to mean cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act ("CUA," Health and Safety Code section 11362.7 et seq.), the Medical Marijuana Program Act ("MMPA," Health and Safety Code section 11362.7 et seq.) and the Medical Cannabis Regulation and Safety Act ("MCRSA," Business and Professions Code section 19300 et seq.) and the Medicinal and Adult- Use Cannabis Regulation and Safety Act ("MAUCRSA").

4.

Cannabis—Operator. When used in connection with commercial cannabis activities, this term means the natural person or designated officer responsible for the operation of any commercial cannabis use.

5.

Cannabis—Person. When used in connection with commercial cannabis activity, this term means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit, whether organized as a non-profit or for profit entity, and includes the plural as well as the singular number.

6.

Cannabis—Primary Caregiver. This term shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time.

7.

Cannabis—Public Place. When used in connection with commercial cannabis activity, this term means any publicly owned property or property on which a public entity has a right of way or easement. Public place also means any private property that is readily accessible to the public without a challenge or barrier, including but not limited to front yards, driveways, and private businesses.

8.

Cannabis—Qualifying Patient or Qualified Patient. These terms are used interchangeably and shall have the same meaning as set forth in Health and Safety Code section 11362.7, as may be amended from time to time.

9.

Cannabis—Volatile Solvent. This term means volatile organic compounds, including but not limited to: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene as determined by the Fire Marshall.

Cannabis—Youth Center. When used in connection with commercial cannabis activity, this term means any public or private facility that is used only to host recreation or social activities for minors.

11.

Cannabis Accessories. This term has the same meaning as in Section 11018.2 of the Health and Safety Code.

12.

Cannabis Concentrate. Manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency.

13.

Cannabis Cultivation. This term includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries.

14.

Cannabis Cultivation—Indoor. This term means the cultivation of cannabis within a permanent, lockable structure, using exclusively artificial lighting.

15.

Cannabis Cultivation—Mixed-Light. This term means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems are included in this category.

16.

Cannabis Cultivation—Outdoor. This term means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering.

17.

Cannabis Cultivation Area (or Canopy). This term means the total aggregate area(s) of cannabis cultivation on a single premise as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses, and each room or area where cannabis plants are grown, as determined by the review authority.

18.

Cannabis Cultivation Site. This term means the location, premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities.

19.

Cannabis Distribution Facility. This term means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retail or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling,

packaging and other processes, prior to transport to licensed retailers or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA") or a state cannabis license type subsequently established.

20.

Cannabis Distributor. This term means any commercial cannabis operation that distributes cannabis or cannabis products between licensees, under a valid state license Type 11, or a state cannabis license type subsequently established.

21.

Cannabis License. Cannabis license means a state license issued pursuant to MAUCRSA.

22.

Cannabis Licensee. This term refers to a person issued a state license pursuant to California Business and Professions Code section 26050 and/or other applicable state laws.

23.

Cannabis Manufacture. When used in connection with the processing of commercial cannabis, this term means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

24.

Cannabis Manufacturer. When used in connection with the processing of commercial cannabis, this term means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.

25.

Cannabis Manufacturing. When used in connection with the processing of commercial cannabis, this term means a facility, that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is operated by a licensee for these activities.

26.

Cannabis Microbusiness. This term means a commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness found in Business and Professions Code section 26070(a)(3)(A), as may be amended from time to time, which cultivates less than 10,000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer.

Cannabis Non-storefront Retailer. This term means a commercial cannabis facility where cannabis and/or cannabis products are offered for retail sale exclusively by delivery; where there is no storefront open to the public, operating under a state license type 9 or a cannabis license type subsequently established. This definition does not include mobile retailers.

28.

Cannabis Nursery. This term means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. A nursery does not include retail sales.

29.

Cannabis Premises. When used in connection with commercial cannabis activity, this term means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee. "Premises" does not include the leasehold spaces of other tenants on the same parcel or group of parcels joined by common facilities or shared amenities.

30.

Cannabis Processing. This term means a cultivation site that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products.

31.

Cannabis Products. This term means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis product" also means marijuana products as defined by Section 11018.1 of the California Health & Safety Code and is not limited to medical cannabis products.

32.

Cannabis Retailer, Cannabis Dispensary or Dispensary. These terms are used interchangeably and mean a facility operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale, under a state license type 10 or a cannabis license type subsequently established. This definition does not include mobile dispensaries.

33.

Cannabis Sale, Sell, and To Sell. These terms are used as appropriate and when used in connection with commercial cannabis activity, shall have the same meaning as set forth in Business and Professions Code section 26001(aa), as the same may be amended from time to time: any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.

34.

Cannabis Testing Service or Testing Laboratory. When used in connection with commercial cannabis activity, these terms mean a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity, which is accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity and is licensed by the state. Businesses operating as a testing service or lab offer no services other than such tests and sell no products except testing supplies and materials.

35.

Commercial Cannabis Permit, Cannabis Permit, or Permit. When used in connection with an authorization granted under the Novato Municipal Code, these terms shall mean a permit issued by the City pursuant to Section 19.34.064 for the operation of a commercial cannabis business within the City.

36.

Commercial Cannabis Uses. This term means any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), including but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. "Commercial cannabis uses" also means any cannabis activity licensed pursuant to additional state laws regulating such businesses. "Commercial cannabis uses" does not include legal medical cannabis or cannabis activities carried out exclusively for one's personal use that does not involve commercial activity or sales.

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

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.

Car Wash. Permanent, self-service and/or attended car washing establishment, including fully mechanized facilities. May include detailing services. Does not include temporary car wash fund-raising activities, typically conducted at a service station or other automotive-related businesses, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See 19.42.040 (Temporary Use Permits).

Care and Supervision. Services which if provided require a residential care facility for the elderly to be licensed. These services include assistance as needed with activities of daily living and the assumption of varying degrees of responsibility for the safety and well-being of residents to include: assistance in dressing, grooming, bathing and other personal hygiene; assistance with taking medication; central storing and distribution of medications; assistance with medical and dental care (including transportation); maintenance of house rules; supervision of resident schedules and activities; voluntary maintenance and supervision of resident monies or property; and monitoring food intake or special diets.

Caretaker Quarters. A residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

Cell Site. A geographical area with a radius of two-to-eight miles that contains both transmitting and receiving antennae.

Cellular. An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennae.

Cemetery. A place for the internment and placement of human remains. A cemetery includes, but is not limited to, both below ground and above ground graves, monuments, and other accessory uses.

Certificate of Public Convenience and Necessity. A certificate issued by the California Public Utilities Commission (CPUC).

Check Cashing Service. A service use engaged in the exchange of business or personal checks for cash or cash advances for a fee or other form of consideration, including wire transfers and money orders.

Child Day Care Facilities. Facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

1.

Child Day Care Center. Commercial or non-profit child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2.

Large Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for seven to 14 children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

3.

Small Family Day Care Home. A day care facility located in a single-family residence where an occupant of the residence provides care and supervision for eight or fewer children. Children under the age of 10 years who reside in the home count as children served by the day care facility.

4.

Adult Day Care Facilities. A day care facility providing care and supervision for adult clients.

City. The City of Novato, State of California, referred to in this Zoning Ordinance as the "City."

City Council. The Novato City Council, referred to in this Zoning Ordinance as the "Council."

City Employee. Any head of household, or in the case of married persons either spouse, who has worked within the City limits of the City of Novato continually for one (1) year immediately prior to the date of application for an affordable unit.

City Public Employee. Any head of household, or in the case of married persons either spouse, who has worked for the City of Novato, the Novato Redevelopment Agency, the Novato Sanitary District, the Novato Fire Protection District, North Marin Water District, or any school district located within the City, continually for one year immediately prior to the date of application for an affordable unit.

City Resident. Any person who has lived within the City limits of the City of Novato continually for one year immediately prior to the date of application for an affordable unit.

Clubs, Lodges, and Membership Meeting Halls. Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

business associations

civic, social and fraternal organizations

labor unions and similar organizations

political organizations

professional membership organizations

other membership organizations

Co-location. The locating of wireless communications equipment from more than one provider on a single ground-mounted, roof-mounted, or structure-mounted facility.

Commercial cannabis activity. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medicinal, non-medicinal, or any other purpose and includes (i) the production of hashish oil and the distillation or extraction of cannabidiol ("CBD") from industrial hemp having more than three-tenths of one percent THC contained in the dried flowering tops and (ii) the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses.

Commission. See "Planning Commission."

Common Interest Development. Any residential condominium, community apartment house, or stock cooperative.

Community Care Facility, 6 or fewer persons. Pursuant to California Health & Safety Code section 1502, this land use consists of any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children in a family dwelling.

Community Care Facility, 7 or more persons. Pursuant to California Health & Safety Code section 1502, this land use consists of any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children.

Community Centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

Community Development Director. The director of the City of Novato Department of Community Development or his/her authorized representative.

Community Garden. A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.

Community Space. Space within a residential care facility for the elderly that may include dining facilities such as a cafe; or snack bar; beauty or barber shops; retail shops that sell food items, non-prescription drugs, small household items and gifts; pharmacies; libraries; game rooms; meeting rooms; music/craft rooms; community laundry rooms; community kitchens; and other similar facilities for residents and guests.

Condominium. As defined by Civil Code Section 1315, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

Congregate Care Facilities. See Residential Care Facilities for the Elderly.

Construction Activity. Any and all construction, building, including mobilization, warming up or servicing equipment, and any preparation for construction, except routine maintenance activities.

Construction/Heavy Equipment Sales and Rental. Retail establishments selling or renting heavy construction equipment, including cranes, earth moving equipment, heavy trucks, etc.

Contractor Storage Yards. Storage yards operated by, or on behalf of a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities.

Convalescent Hospital. See "Skilled Nursing Facilities."

Convenience Stores. Retail stores of generally 3,500 square feet or less in gross floor area, which carry a range of merchandise oriented to convenience and travelers' shopping needs.

Corps. The U.S. Army Corps of Engineers, the federal agency responsible for issuing wetlands delineations.

Courtyard. An open, unoccupied space, other than a yard on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings providing access to the units.

County. The County of Marin, State of California.

Crematory. A facility in which human remains are cremated.

Crop Production and Horticulture. Commercial agricultural field and orchard uses including production of:

field crops

flowers and seeds

fruits

grains

melons

ornamental crops

tree nuts

trees and sod

vegetables

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field, including sales sheds.

D.

Definitions, "D."

Dairy Farming. This land use consists of specialized and intensive commercial animal facilities for the raising and keeping of dairy cattle, including facilities for milking.

Day care. See "Child Day Care" or "Adult Day Care"

Decibel (dB). The measurement unit used for the loudness of sound or noise.

Density. The number of housing units per net acre, unless otherwise stated, for residential uses.

Density Bonus. A density increase over the otherwise maximum allowable residential density provided in Division 19.24 (Affordable Housing Incentives/Density Bonus Provisions).

Department. The City of Novato Community Development Department, comprising engineering, building inspection, planning and maintenance divisions, referred to in this Zoning Ordinance as "Department."

Detached. Any structure that does not have a wall or roof in common with another structure.

Developer. Any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities that seeks City permits and approvals for development.

Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures, and/or the establishment of a new land use. New development is any construction, or alteration of an existing structure or land use, after the effective date of this Zoning Ordinance.

Development Agreement. A development agreement entered into between the City and a developer pursuant to Government Code Sections 65864-65869.5 and this zoning ordinance.

Development Standards. The provisions of Novato Municipal Code Chapter V.

DFG. The California Department of Fish and Game.

Director. The City of Novato Community Development Director or designee of the Director.

District. See "Zoning District."

Drive-in and Drive-thru Sales. Facilities where food or other products may be purchased by motorists without leaving their vehicles. These facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, etc.

Drive-in and Drive-thru Services. Facilities where services may be obtained by motorists without leaving their vehicles. These facilities include drive-up bank teller windows, dry cleaners, etc. Does not include: automatic teller machines (ATMs) or automobile service stations, or car washes, which are separately defined.

Driveway. A paved area that provides vehicle access from a public right-of-way to a parking area or garage.

Dump. A place used for the disposal, whether by disposition, abandonment, discarding, dumping, reduction, burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, waste material, offal or dead animals; provided that this definition shall not be deemed to include such means waste collection facilities or trash enclosures that are customarily incidental and accessory to dwellings, institutions, and commercial, industrial and agricultural uses.

Duplex. A residential structure under single ownership containing two dwellings.

Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis, and supportive housing and transitional housing as defined in Government Code Section 65582 subject only to those restrictions that apply to other residential uses and dwelling types of the same type and in the same zone (e.g. permits singlefamily dwellings within a single-family zoning district and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a single-family dwelling. Also permits multi-family dwellings within a multi-family zoning district and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a multi-family dwelling. Does not permit single-family zoning requirements to be applied to multi-family residential units and vice versa).

Dwelling, Multiple. A building or portion thereof used and designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts or camps.

Dwelling, Single-Family. A building designed as an independent structure for use as a residence for one family and which is sited on an individual lot.

Dwelling, Two-Family. See "Duplex."

E.

Definitions, "E."

Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Efficiency Kitchen. See Section 19.34.031.C.

Efficiency Unit. A separate living space with a minimum floor area of 150 square feet intended for occupancy by no more than two persons which contains partial kitchen and bathroom facilities. For the purpose of this section, efficiency unit has the same meaning as Section 17958.1 of the Health and Safety Code.

Elderly Person. For purposes of admission into a residential care facility for the elderly, a person who is 62 years of age or older.

Electromagnetic Field. The local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

Electronics, Equipment, and Appliance Manufacturing. Establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including:

appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines

aviation instruments

computers, computer components, and peripherals

electrical transmission and distribution equipment

electronic components and accessories, and semiconductors, integrated circuits, related devices

electronic instruments, components and equipment such as calculators and computers

electrical welding apparatus

lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting

industrial apparatus

industrial controls

instruments for measurement, testing, analysis and control, associated sensors and accessories

miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines

motors and generators

optical instruments and lenses

photographic equipment and supplies

pre-recorded magnetic tape

radio and television receiving equipment such as television and radio sets, phonograph records and surgical, medical and dental instruments, equipment, and supplies

surveying and drafting instruments

telephone and telegraph apparatus

transformers, switch gear and switchboards

watches and clocks

Does not include testing laboratories (soils, materials testing, etc.) (see "Business Support Services"), or research and development facilities separate from manufacturing (see "Research and Development").

Emergency Shelter. Emergency shelter has the same meaning as defined in Section 65582 of the California Government Code. Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care pursuant to California Government Code Section 65583(a)(4)(c).

Enhanced Specialized Mobile Radio. A digital wireless communication technology that specializes in providing dispatching services.

Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

Equestrian Facilities. This land use consists of commercial horse, donkey, and mule facilities, including:

horse ranches

boarding stables

riding schools and academies

horse exhibition facilities

pack stations

This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.

Equipment Rental, Indoor. Service establishments which may offer a wide variety of materials and equipment for rental. Construction equipment rental is separately defined.

Equivalent Sound Level (Leq). A term used to assign a single-value A-weighted decibel level to the measured average sound exposure over a period of time.

Extended Hours Business. A retail use which includes operation hours between 11:00 p.m. and 6:00 a.m.

F.

Definitions, "F."

Factory Built Home. See "Manufactured Home."

Family. One or more persons occupying a premises and living as a single non-profit, domestic housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.

Farm Labor Housing. Shall have the same meaning as Employee Housing as defined in Section 17008 of California Health and Safety Code.

Farm Laborer. Shall have the same meaning as Agricultural Employee.

Farm Produce Stands. A retail stand that sells crops or eggs grown on the premises.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Financial Guarantee. Cash deposits, payments, surety bonds, or other irrevocable agreements that individually or collectively guarantee the construction of structural measures for flood protection.

Firearm Sales. "See Gun Sales"

Flag Lot. A lot having only its access strip fronting on a private or public street.

Flood Plain. The maximum area that is likely to be flooded.

Flood Protection Plan. A plan prepared for a specific area within a 100-year flood plain, which proposes, by engineered structural measures and by a method for financing the measures, to protect structures and other properties within the area from the effects of a 100-year flood.

Floor Area, Gross. The area in square feet of all floors or stories within a building, measured from the outside surfaces of the exterior walls, but not including covered parking areas or garages.

Floor Area, Net. The floor area within the walls of a building used for service to the public or tenants, but not including areas for storage, mechanical equipment, restrooms, and major pedestrian movement, such as enclosed malls, stairways, or major hallways. In the absence of accurate floor plans when a land use permit application is filed for an office building, net floor area may be estimated to be 80 percent of gross floor area.

Floor Area Ratio (FAR). The Floor Area Ratio (FAR) is the ratio of the gross floor area of a structure (not including covered parking areas or garages) to net lot area (See "Lot Area, Net"). FAR restrictions are used to limit the maximum floor area of all habitable space allowed on a site. The maximum floor area of all structures (measured from exterior wall surfaces) permitted on a site shall be determined by multiplying the FAR by the net lot area (FAR x Net Lot Area = Maximum Allowable Floor Area). See Figure 6-1.

Florist. A use engaged in the retail sale of flowers and ornamental plants.

Food and Beverage Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes:

bakeries

bottling plants

breweries

candy, sugar and confectionery products manufacturing

catering services separate from stores or restaurants

coffee roasting

dairy products manufacturing

fats and oil product manufacturing

fruit and vegetable canning, preserving, related processing

grain mill products and by-products

meat, poultry, and seafood canning, curing, byproduct processing

soft drink production

miscellaneous food item preparation from raw products

May include tasting and accessory retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of "Night Clubs and Bars" if alcoholic beverages are tasted, and under "Restaurant" if beverages are non-alcoholic.

Does not include: bakeries which sell all products on-site, which are included in the definition of "General Retail;" or beer brewing as part of a brew pub, bar or restaurant (see "Night Clubs and Bars").

Front Wall. The wall of the building or other structure nearest the street upon which the building faces.

Front Yard. See "Yard."

Frontage. The property line of a lot which abuts a public or private street, place, or right-of-way, other than the side property line of a corner lot.

Frontage, Primary Building. Primary Building Frontage shall mean:

1.

In a building containing only one business, the primary frontage shall be the length of the building that contains the main public entrance to the business.

2.

In a building containing more than one business, all of which have their main public entrances on the same frontage, the primary frontage shall be the length containing those public entrances.

3.

In a building containing more than one business, where those businesses have the main public entrances on more than one frontage, the length containing the street with the highest vehicle capacity shall be designated the primary frontage.

Frontage, Secondary Building. A building's length that has not been designated as the primary building frontage if it faces an adjacent street or on-site parking lot.

Fully Enclosed and Secure Structure. A space within a building that complies with the applicable provisions of the California Building Standards Code as adopted and amended by Chapter 4 (Building and Housing) of the Novato Municipal Code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with non-transparent material. Plastic sheeting, canvas, vinyl, or similar products or materials, regardless of gauge, are not considered solid materials;

A Fully Enclosed and Secure Structure must be an accessory structure to a private residence located upon the parcel on which that private residence is situated.

Furniture, Furnishings and Appliance Stores. Stores engaged primarily in selling the following products and related services, including incidental repair services:

computers and computer equipment

draperies

floor coverings

furniture

glass and chinaware

home appliances

home furnishings

home sound systems interior decorating materials and services

large musical instruments

lawn furniture

mattresses

portable spas and hot tubs

office furniture

other household electrical and gas appliances

outdoor furniture

refrigerators

stoves

televisions

Furniture/Fixtures Manufacturing, Cabinet Shops. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Lumber and Wood Products."

G.

Definitions, "G."

Garage or Carport. Parking space and shelter for automobiles or other vehicles, where the size of the parking space complies with the provisions of Division 19.30 (Parking and Loading).

1.

A garage is an attached or detached accessory structure specifically designed with a door of at least eight feet wide for a single car garage and sixteen feet wide for two cars, providing a parking stall(s) meeting the requirements of Section 19.30.070, enclosed on at least three sides, and served by a paved driveway of

sufficient width to accommodate motor vehicle (car or truck) movements and connected to a public or private street.

A carport is an attached or detached accessory structure enclosed on no more than two sides, providing a parking stall(s) meeting the requirements of Section 19.30.070, and served by a paved driveway or drive aisle of sufficient width to accommodate motor vehicle (car or truck) movements and connected to a public or private street.

Garage Sale. A temporary sale held for no more than 3 consecutive days within a 90 day period for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

Gas Station (or Fueling Station). A retail business selling, storing and/or dispensing gasoline, diesel, or any other fossil fuel-based motor vehicle fuels.

General Plan. The City of Novato General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the "General Plan."

General Retail. Stores and shops selling any lines of merchandise, goods or articles directly to the consumer. These stores and lines of merchandise include, but is not limited to:

art galleries

artists' supplies

auto parts sales (not including repair or maintenance service and/or the sale of used parts)

bakeries (all production in support of on-site sales)

bicycles

books

cameras and photographic supplies

clothing and accessories

collectibles (cards, coins, comics, stamps, etc.)

department stores

drug and discount stores

dry goods

fabrics and sewing supplies

florists and houseplant stores (indoor sales only—outdoor sales are "Plant Nurseries")

general stores

gift and souvenir shops

hardware

hobby materials

jewelry

luggage and leather goods

musical instruments, parts and accessories

home health care supplies

pet supplies sales with no animals but fish

religious goods

small wares

specialty shops

sporting goods and equipment

stationery

toys and games

variety stores

See "Large Item Retail" for other retail uses.

Golf Courses and Country Clubs. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.

Grade. The elevation of the finished ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure. For buildings or structures located within 5 feet from the street line, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings or structures adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets.

Grading. Any and all activities involving earthwork, including placement or fill and/or excavation.

Grand Opening. An advertising event which has as it s purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling or major renovation.

Grocery Store. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. A grocery store may offer check cashing services as an accessory use (see the separate definition of "Check Cashing Service" and "Accessory Use").

Guest House. A detached structure accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.

Gun Sales. A retail business dealing in firearms and ammunition as a regular course of trade or business.

H.

Definitions, "H."

Habitable Space. The interior area of a building intended for occupancy which is located below and including the uppermost ceiling forming the base of the roof structure, excluding attic or equipment storage areas located within the roof pitch or located above the uppermost ceiling.

Handcraft Industries, Small-Scale Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

Hazardous Materials. All materials classified as such in Title 49 of the Code of Federal Regulations, including but not limited to, explosive, flammable, combustible, toxic, corrosive, reactive, unstable, hyperbolic and pyrofolic.

Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, weight rooms, aerobics, kickboxing, spinning and other indoor sports activities. This use includes outdoor facilities for tennis, swimming, skating and sport courts provided in conjunction with the indoor facilities. Does not include adult entertainment businesses.

Hedge. Shrubs and/or trees planted and maintained at a spacing interval which creates a physical and/or visual barrier.

Heliport. A designated, marked area on the ground or the top of a structure where helicopters may land at any time.

Hiking Trail. Any paved or unpaved path, track or right-of-way established and/or maintained on public or private property primarily for hiking and public recreation purposes.

Hillside. Any area of land where the average slope exceeds 10 percent. See also "Average Slope."

Hilltop. See "Ridgeline"

Home Occupations. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property.

Hotel or Motel. Facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, accessory retail uses, etc.

Household Pets. The keeping/raising of birds, cats, dogs, or other common household pets, as determined by the Director, accessory to a residential use.

Housing Costs. The monthly mortgage principal and interest, property taxes, homeowners insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units.

Housing Unit. see "Dwelling, Dwelling Unit, or Housing Unit."

HUD. The United States Department of Housing and Urban Development or its successor.

I.

Definitions, "I."

Illegal Building or Use. A building or use that does not conform to one or more of the provisions of this Zoning Ordinance, and did not lawfully exist on the effective date of applicable provisions of this Zoning Ordinance.

Income Eligibility. The gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled household members and all other sources of household income.

Independent Living. Housing that is intended for elderly persons who may require some assistance but are generally able to live and function independently. These facilities are usually apartment style housing with a studio, one-bedroom or larger units, one or more bathrooms and either a kitchenette or full kitchen. Meals, housekeeping and laundry services are provided for residents. Social activities and other non-medical services, such as transportation, are sometimes offered.

Indigenous. Native species whose origin has not been introduced from elsewhere.

Indoor Amusement/Entertainment Facilities. Establishments providing indoor amusement and entertainment services for a fee or admission charge, including:

bowling alleys

coin-operated amusement arcades

dance halls, clubs and ballrooms

electronic game arcades

ice skating and roller skating

pool and billiard rooms as primary uses

indoor archery and shooting ranges

This use does not include adult entertainment businesses. Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site.

Indoor cannabis cultivation. Cultivation of cannabis using exclusively artificial lighting.

In-lieu Housing Fee. A fee paid by persons for projects subject to affordable housing section in-lieu of providing the required affordable units or lots.

Intensification of Use. A change in the use of a structure or site, where the new use is required by Division 19.30 (Parking and Loading) to have more off-street parking spaces than the former use; or a change in the operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

J.

Definitions, "J."

Junior Accessory Dwelling Unit. See Section 19.34.031.

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

K.

Definitions, "K."

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

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

Knoll. See "Ridgeline."

L.

Definitions, "L."

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

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

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

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

building materials

equipment sales

furniture stores, furnishing and appliance stores

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

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

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

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

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

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

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

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

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

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

1.

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

2.

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

Livestock Operations.

1.

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

2.

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

3.

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

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

1.

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

2.

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

3.

Interior Lot. A lot abutting only one street.

4.

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

5.

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

6.

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

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

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

1.

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

2.

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

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

Lot Coverage. See "Site Coverage."

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

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

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

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

1.

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

2.

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

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

4.

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

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

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

M.

Definitions, "M."

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

Map Act. See "Subdivision Map Act."

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

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

Massage Establishments:

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

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

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

Massage establishment and massage establishment small do not include:

(1)

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

(2)

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

(3)

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

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

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

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

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

acupuncture

chiropractic

health management organizations (HMOs)

medical, and dental laboratories

medical, dental, optometry and psychiatric offices

out-patient care facilities

other allied health services

physical therapy

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

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

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

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

blacksmith and welding shops

sheet metal shops

machine shops and boiler shops

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

Microcell. A wireless communication facility that:

1.

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

2.

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

3.

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

4.

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

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

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

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

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

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

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

Mounted. Attached or supported.

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

N.

Definitions, "N."

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

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

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

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

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

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

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

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

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

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

Nursing Home. See "Skilled Nursing Facilities."

O.

Definitions, "O."

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

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

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

1.

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

2.

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

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

advertising agencies

architectural, engineering, planning and surveying services

computer software production and programming services

educational, scientific and research organizations

media postproduction services

photography and commercial art studios

writers and artists offices

4.

Professional. Professional offices including:

accounting, auditing and bookkeeping services

attorneys

counseling services

court reporting services

data processing services

detective agencies and similar services

employment, stenographic, secretarial and word processing services

literary and talent agencies

management and public relations services

5.

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

6.

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

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

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

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

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

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

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

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

amphitheaters

amusement and theme parks

archery & shooting ranges - outdoor

batting cages

go-cart tracks

golf driving ranges

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

miniature golf courses

paintball ranges

stadiums and coliseums

water slides

zoos

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

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

fitness training paths and equipment

interpretive facilities (kiosks, signs or accessory structures)

non-motorized boating and access facilities

overlooks

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

restrooms

small-scale fishing and viewing docks

trails and trail heads

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

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

Christmas trees, pumpkins or the sale of other seasonal items

farmers' markets

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

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

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

P.

Definitions, "P."

Parcel. See "Lot, or Parcel."

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

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

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

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

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

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

1.

Street furniture;

2.

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

3.

Visibility into buildings at the street level;

4.

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

5.

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

6.

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

7.

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

8.

Landscaping.

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

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

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

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

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

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

barber and beauty shops

clothing rental

dry cleaning pick-up stores with limited equipment

home electronics and small appliance repair

laundromats (self-service laundries)

nail salons

shoe repair shops

spas

tailors

tanning salons

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

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

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

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

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

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

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

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

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

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

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

Project. Proposed development or a new land use.

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

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

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

Public Transit Facility. See Section 19.34.030.

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

corporation and maintenance yards

electrical substations and switching stations

natural gas regulating and distribution facilities

public water system wells, treatment plants and storage

telephone switching facilities

wastewater treatment plants, settling ponds and disposal fields

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

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

Q.

Definitions, "Q."

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

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

R.

Definitions, "R."

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

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

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

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

1.

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

2.

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

3.

Is built on a single chassis; and

4.

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

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

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

1.

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

a.

Reverse vending machine(s);

b.

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

(1)

A mobile unit;

(2)

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

(3)

Kiosk-type units which may include permanent structures.

c.

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

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

3.

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

a.

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

b.

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

4.

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

5.

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

6.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

S.

Definitions, "S."

SB 9 Dwelling Unit. See Section 19.34.029

Schools. Public and private educational institutions, including:

boarding schools

business, secretarial, and vocational schools

community colleges, colleges and universities

elementary, middle, and junior high schools

establishments providing courses by mail

high schools

military academies

professional schools (law, medicine, etc.)

seminaries/religious ministry training facilities

Also includes specialized schools offering instruction in the following:

art

ballet and other dance

computers and electronics

drama

driver education

language

music

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

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

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

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

Senior Citizen. An adult 60 years or older.

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

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

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

1.

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

2.

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

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

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

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

15.

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

16.

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

17.

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

18.

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

19.

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

20.

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

21.

Illegal Sign. An illegal sign is any sign:

a.

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

b.

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

c.

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

d.

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

e.

That is a danger to the public or is unsafe;

f.

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

g.

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

22.

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

23.

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

24.

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

25.

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

26.

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

27.

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

28.

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

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

29.

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

30.

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

31.

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

32.

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

33.

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

34.

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

35.

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

36.

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

37.

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

38.

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

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

40.

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

41.

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

42.

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

43.

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

44.

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

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

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

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

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

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

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

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

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

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

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

Slope. See "Average Slope."

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

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

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

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

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

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

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

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

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

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

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

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

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

Structure, Primary. See "Primary Structure."

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

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

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

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

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

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

T.

Definitions, "T."

Tandem Parking. See Section 19.34.030.

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

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

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

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

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

exhibition and convention halls

motion picture theaters

public and semi-public auditoriums

similar public assembly uses

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

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

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

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

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

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

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

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

freight forwarding services

freight terminal facilities

joint terminal and service facilities

packing, crating, inspection and weighing services

postal service bulk mailing distribution centers

transportation arrangement services

trucking facilities, including transfer and storage

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

U.

Definitions, "U."

Unit. See "Housing Unit."

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

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

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

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

Use, Primary. See "Primary Use."

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

corporation and maintenance yards

electrical substations and switching stations

natural gas regulating and distribution facilities

public water system wells, treatment plants and storage

telephone switching facilities

wastewater treatment plants, settling ponds and disposal fields

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

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

V.

Definitions, "V."

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

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

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

1.

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

2.

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

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

Voluntary. Resulting from free will.

W.

Definitions, "W."

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

Warehouses, Wholesaling and Distribution. These facilities include:

1.

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

2.

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

agents, merchandise or commodity brokers, and commission merchants

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

merchant wholesalers

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

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

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

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

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

X.

Definitions, "X."

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

Y.

Definitions, "Y."

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

1.

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

2.

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

3.

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

Z.

Definitions, "Z."

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

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

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

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

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