Ross Zoning Code § 18.43 Two-Unit Housing Developments

A. Two-Unit Housing Development. A Two-Unit Housing Development is a development containing no more than two residential units on one legal lot within the R-1 zoning district and which development either (1) proposes two new units, or (2) proposes to add one new unit to one existing unit. (Ord. 717 (part), 2022).

18.43.030 Filing, Processing, and Action.

A. Ministerial Review. A Two-Unit Housing Development shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter.

B. Administrative Permit. Applicants for Two-Unit Housing Developments shall submit an Administrative Permit application in addition to a Building Permit application.

C. The Town shall act on an Administrative Permit application for a Two-Unit Housing Development within 60 days of receipt of a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The Town has acted on the application if it:

1. Approves or denies the building permit for the Two-Unit Housing Development; or

2. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.

D. Adverse Impact Upon Health and Safety. A proposed Two-Unit Housing Development shall be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed Two-Unit Housing Development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the

specific, adverse impact.

E. Limitations on Approval. A proposed Two-Unit Housing Development shall not be eligible for approval pursuant to this Chapter if any of the following circumstances apply:

1. The Two-Unit Housing Development would require demolition or alteration of “protected housing.” Protected housing includes:

   • i. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii. Housing that is subject to rent control through valid local rent control provisions.

iii. Housing that has been occupied by a tenant in the last 3 years.

2. The Two-Unit Housing Development would be located on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act.

3. The Two-Unit Housing Development would be located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district.

4. The Two-Unit Housing Development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code. (Ord. 717 (part), 2022).

The following objective development standards shall apply to Two-Unit Housing Developments. In addition to these standards, all provisions of the California Building Code shall apply to Two-Unit Housing Developments.

• A. General Standards

  1. Two-Unit Housing Developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to allow separate conveyance.

  2. Two-Unit Housing Developments shall be permitted in all single-family residential zones including as provided for in Chapter 18 of the Municipal Code.

  3. Parking. (1) One off-street parking space shall be provided for each dwelling unit. The parking spaces may be provided as tandem parking on a driveway.

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4. Off-street parking is not required for each dwelling unit in any of the following instances:

i. The dwelling unit is located within one-half mile distance of either a highquality transit corridor, as defined in Public Resources Code 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.

ii. The dwelling unit is located within a historic district.

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

iv. When there is a dedicated parking space for a car share vehicle located within one block of the dwelling unit.

5. Short Term Rentals Prohibited. The rental of any Two-Unit Housing Development shall be for a term of longer than thirty (30) days.

6. Utility Connections. Each unit in a Two-Unit Housing Development shall be served by separate water, sewer and electrical utility connections which connect each unit directly to the utility.

7. Height. Two-Unit Housing Development shall not exceed 16 feet in height .

8. New dwelling units constructed under this section shall each be no more than 1200 square feet in floor area. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure requires pre and post-construction surveys by a California licensed land surveyor.

B. Objective Development Standards. Two-Unit Housing Development under this section shall conform to all objective property development regulations and design review standards of the zone in which the property is located, including, but not limited to, setbacks, buildings height, building size, structure coverage, and impervious coverage, and shall be subject to the following additional standards and requirements:

1. The color and materials of the dwelling unit shall match the Primary Unit.

2. Lighting shall be shielded, down lit and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property.

3. Each Residential unit shall have a permanent full kitchen with a sink, refrigerator and stove/oven. Only one kitchen is allowed per Residential unit.

4. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line.

5. No entryways are allowed within 10 feet of a side or rear property line.

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6. The Residential unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. The Residential unit shall not have any reflective roof or building material .

7. The Residential unit is not allowed on any open space easement. A title report shall be provided to identify all open-space easements. The Residential unit shall not have any reflective roof or building material.

8. No vents, flues, or appurtenances shall exceed the height limit.

9. No signs are allowed on Residential unit except an address sign .

10. No portico, trellis or other structure is allowed as part of the Residential unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line.

11. All Building Code requirements, including Appendix Q of the 2019 Residential Code (Tiny Houses) shall apply to all Residential units.

12. Screening plants or trees which are a minimum 24 inch box size shall be planted at each proposed window of the Residential unit facing a neighboring property where such plantings are consistent with the Fire Code.

13. Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than 500 gallons per 10,000 sq. ft. of lot area per day. The landscape area of the Two-Unit Housing Development shall be designed with no more than 20% of the landscaped area planted in turf or plants that are not waterwise as defined as needing “low” or “very low” water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources (DWR) or other sources as verified by a licensed landscape architect.

14. Any tree to be removed as part of a Two-Unit Housing Development shall require a tree removal permit.

15. The Two-Unit Housing Development shall comply with all applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.

16. Adequate sanitary service capacity for the effluent resulting from the TwoUnit Housing Development shall be available. If the lot is connected to the public sewer system, the applicant shall submit a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed Two Unit Housing Development.

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17. Independent exterior access separate from the primary dwelling is not required for an attached Residential Unit.

18. The applicants and/or owners shall defend, indemnify, and hold the Town harmless along with the Town Council and Town boards, commissions, agents, officers, employees, and consultants from any claim, action, or proceeding against the Town, its boards, commissions, agents, officers, employees, and consultants attacking or seeking to set aside, declare void, or annul the approval(s) of the Two-Unit Housing Development or alleging any other liability or damages based upon, caused by, or related to the approval of the Two-Unit Housing Development.

B. Exceptions to Development Standards. Notwithstanding subsection A of this section, all development standards shall be subject to the following exceptions:

1. Where each of the units of a Two-Unit Housing Development is no greater than eight hundred (800) square feet in size with side and rear setbacks of at least four (4) feet, the Two-Unit Housing Development shall be permitted regardless of any development standard that would prevent construction of the units.

2. No setback shall be imposed for a Two-Unit Housing Development for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (Ord. 717 (part), 2022).

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Chapter 18.44

USE PERMITS

Sections:

18.44.010 Issuance. 18.44.020 Application. 18.44.030 Granting. 18.44.040 Conformity. 18.44.043 Denial of incomplete or inactive applications.

18.44.010 Issuance. Use permits may be issued by the town council for any of the uses or purposes for which the permits are required or permitted by the provisions of this code.(Prior code §10 111 (part)).

18.44.020 Application. Application for any use permit shall be made in writing in the form, and accompanied by the fee, prescribed by the town council.

Use permit applications will be heard by the town council at a public meeting. The town council will review the application at its next available meeting following a determination by the Planning and Building Director or their designee that the application is complete. The town clerk will mail written notice at least ten calendar days prior to the hearing to the applicant and to all owners of property within five hundred feet from the exterior boundaries of the project site. (Ord. 728 (part), 2025; Ord. 534 (part), 1996; prior code §10 111 (part)).

18.44.030 Granting. Before granting any use permit, the council must find that the establishment, maintenance, or conducting of the use for which the use permit is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience, or general welfare of persons residing or working in the neighborhood of the use and will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

In granting any use permit under the provisions of this chapter, the town council shall designate such conditions in connection therewith, as will, in its opinion, secure substantially the objectives of protection to the public welfare and property or improvements as hereinbefore set forth. (Prior code §10 111 (part)).

18.44.040 Conformity. Any use permitted under the terms of any use permit shall be established and conducted in conformity with the terms of the use permit and with any conditions designated in connection therewith. (Prior code §10 111 (part)).

18.44.043 Denial of incomplete or inactive applications. Consistent with state law, the Planning and Building Director or their designee may administratively deny without prejudice any application which remains incomplete or inactive for a period of greater than ninety days, or is continued at the applicant's request for more than sixty days. (Ord. 728 (part), 2025; Ord. 584 §3, 2004).

Chapter 18.45

Sections:

18.45.010 Purpose and intent. 18.45.020 Applicability. 18.45.030 Review and approval procedures. 18.45.040 Public notice. 18.45.050 Approval findings and criteria. 18.45.060 Terms and conditions. 18.45.080 Prior conditions not applicable.

Section 18.45.070 (Amnesty Period) repealed (Ord. 696, 2019).

18.45.010 Purpose and intent. The purpose of this chapter is to provide limited relief from the strict application of the development standards specified in this title to allow fences up to 7 feet tall, small accessory structures, mechanical equipment, and the improvement of existing basements where the improvements will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 696 (part), 2019; Ord. 641 (part), 2013).

18.45.020 Applicability. A minor exception from required side and rear yard setbacks, lot coverage and floor area ratio may be requested from the Planning and Building Director or their designee for the following structures to be located on a lot developed with a single-family residence:

1. Fences between 6 and 7 feet in height.

2. Small play structures that do not exceed a height of 15 feet, footprint of 600

square feet (e.g. the footprint of structure including any deck, slide, trampoline and/or swing set area) and the primary deck or enclosed area does not exceed 64 square feet.

3. Small shed structures used as tool and storage sheds that do not exceed 64 square

feet and a height of 6 feet.

4. Air conditioners, generators, pool equipment, and any associated enclosure.

5. Improvement of an existing basement provided the following:

   • a. If the structure is in a Special Flood Hazard Area identified on the town Flood Insurance Rate Map and/or in an area that is known for flooding, that the finished floor level of the improvements shall be above the base flood elevation.

   • b. That modifications proposed to the building exterior do not increase the exterior dimensions of the building and that modifications, such as new windows, are compatible with the design of the existing improvements and shall not create privacy issues. The Council may limit the size of light wells to the minimum size necessary to satisfy California Building Code requirements for light, ventilation and emergency egress.

   • c. That any modifications to site drainage have been designed by a licensed engineer and shall result in no net increase to the rate or volume of peak runoff from the site compared to pre-project conditions. Any new mechanical pumps or equipment shall not create noise that is audible off site.

• d. Excavation, grading or cutting shall not exceed 35 cubic yards for newly created basement floor area. The excavation limit shall apply to excavation required to lower the floor to the finished floor and shall not include up to one foot of over excavation for the floor and foundation or any removal of existing foundation or flooring. Addi3tional excavation is permitted for construction of stairs counted as floor area on an upper floor and for existing areas that meet the definition of floor area. If the project involves excavation, grading or cutting for a basement space, new floor area shall not exceed 20% of the existing floor area. (Ord. 728 (part), 2025; Ord. 696 (part), 2019; (Ord. 641 (part), 2013).

18.45.030 Review and approval procedures. (a) Application. An application for an exception shall be filed with the Planning and Building Director or their designee on forms prescribed by the Planning and Building Director or their designee, along with any plans or additional information required and the fee as established by a resolution of the town council. The application shall include, in part, evidence supporting the findings required by this chapter.

(b) Review and Approval Authority. The Planning and Building Director or their designee shall review and approve, conditionally approve, or deny an exception application administratively with no public meeting in accordance with this chapter, if no other entitlements are required and the application meets the findings and criteria in Section 18.45.050.

(c) Town Council Review. If other approvals are necessary, the application does not meet the findings and criteria in Section 18.45.050, or a hearing has been requested pursuant to Section 18.45.040, the exception application shall be acted upon by the town council concurrently with any related applications if applicable. The town council shall consider the findings and criteria in Section 18.45.050 except that the written consent of all adjacent property owners shall not be required for the approval of a minor exception by town council.

(d) Appeal. The decision of the Planning and Building Director or their designee may be appealed to town council. Notice of a hearing of appeal shall be made pursuant to Section 18.45.040(b). In determining whether to approve or disapprove a minor exception on appeal, the town council shall consider the findings and criteria in Section 18.45.050 except that written consent of all adjacent property owners shall not be required for the approval of a minor exception by town council. (Ord. 728 (part), 2025; Ord. 673 (part), 2016; Ord. 641 (part), 2013).

18.45.040 Public notice. (a) The Planning and Building Director or their designee shall mail notice of intent to take action on a minor exception at least 10 days prior to the decision to the owner of the property that is the subject of the application and all adjacent property owners as shown on the latest equalized assessment roll. In lieu of using the assessment roll, the Town may use records of the county assessor or tax collector which contain more recent information than the assessment roll.

(b) The notice shall provide that a decision will be made by the Planning and Building Director or their designee to approve or disapprove the minor exception application on a date specified in the notice. The notice shall include the name of the applicant, the scheduled date for action, a general explanation of the matter to be considered, the location of the real property that is the subject of the application and that a public hearing before town council may be held pursuant to Section 18.45.030 if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided pursuant to Government Code Section 65091. (Ord. 728 (part), 2025; Ord. 673 (part),

2016; Ord. 641 (part), 2013).

18.45.050 Approval findings and criteria. The Planning and Building Director or their designee may approve an application for a minor exception if the structure complies with the following criteria:

• (a) If the site is in a Special Flood Hazard Area identified on the town Flood Insurance Rate Map, that the Town Floodplain Administrator has indicated that the project will comply with the requirements for a development permit under Chapter 15.36, Flood Damage Prevention Ordinance.

• (b) The building official or designee has indicated the project complies with building code requirements for separation, even if a building permit is not required.

• (c) If the structure is proposed in a required yard setback, that each property owner adjacent to the yard area where the structure or equipment will be located has consented in writing to the installation of the structure.

• (d) No more than two exceptions shall be allowed on any lot.

• (e) If the project involves mechanical equipment that generates noise, such as an air conditioner or generator, that operation of the equipment will comply with any decibel (db) recommendations, regulations, guidelines and policies in the Town of Ross General Plan and zoning code.

• (f) No practical alternative exists to the proposed exception. For this section, the town may consider factors such as site topography, existing landscaping, aesthetics and noise impacts.

• (g) There will be no detrimental impact (aesthetically or otherwise) to the site, adjacent properties or neighborhood. (Ord. 728 (part), 2025; Ord. 641 (part), 2013).

18.45.060 Terms and Conditions. In approving a minor exception, the Planning and Building Director or their designee shall have the authority to impose such conditions as deemed necessary to effect the purposes of this title. (Ord. 728 (part), 2025; Ord. 641 (part), 2013).

18.45.080 Prior conditions not applicable. This chapter supersedes any town council conditions limiting construction of shed or play structures imposed prior to the effective date of this section. (Ord. 641 (part), 2013).

Chapter 18.46

EXCEPTIONS FOR ATTICS

Sections:

18.46.010 Purpose and intent. 18.46.020 Applicability. 18.46.030 Review and approval procedures. 18.46.040 Prior conditions not applicable.

Chapter 18.46 formerly titled Exceptions to Basements and Attics repealed (Ord. 696, 2019).

18.46.010 Purpose and intent. The purpose of this chapter is to provide relief from the strict application of the development standards specified in this title to allow attic areas to be used as storage or habitable space where the improvement will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 696 (part), 2019; Ord. 624 (part), 2011).

18.46.020 Applicability. The town council may grant an exception to setback, story, lot coverage, floor area and building height requirements for improvement of an attic in an existing residential structure created prior to the effective date of this chapter in any single-family residence district or special building site district. The town council may grant an exception under this chapter for improvements to a nonconforming structure. Any addition intended to be used as a second unit shall comply with the provisions of Chapter 18.42 (Residential Second Units). (Ord. 696 (part), 2019; Ord. 624 (part), 2011).

18.46.030 Review and approval procedures. (a) Application. An application for an exception shall be filed with the Planning and Building Director or their designee on forms prescribed by the Planning and Building Director or their designee, along with any plans or additional information required and the fee as established by a resolution of the town council. The application shall include, in part, evidence supporting the findings required by this chapter.

(b) Review and Approval Authority. The town council shall review and approve, conditionally approve, or deny an exception application at a public meeting. If staff makes a preliminary determination that the required findings may be made, staff may place the application on the town council consent agenda. The Town Council, by resolution, may limit the number of applications that may be accepted per month if a finding is made that staff resources are inadequate to process the number of applications being received.

(c) The town shall mail notice of the meeting at least 10 days prior to the meeting to the property owner and all owners within 300 feet of the property that is the subject of the meeting as shown on the latest equalized assessment roll. In lieu of using the assessment roll, the Town may use records of the county assessor or tax collector which contain more recent information than the assessment roll.

(d) Required Findings. The town council may approve or conditionally approve an exception application if all of the following findings are made:

• (1) That the area to be improved is an existing area created prior to the effective date of this chapter in an existing residence built prior to the effective date of this chapter. Existing area shall not include basement space with a ceiling height less than 5.5 feet.

• (2) If the project involves improvement of an attic, that the improvements proposed shall not change the exterior appearance of the structure, for example, by addition of dormers or raising the roof ridge. However, the Town Council may approve minor changes to the exterior appearance of an attic, such as the addition of windows or skylights, if they will not create view, light or privacy issues for neighbors.

• (3) The fire chief has confirmed that there is adequate water supply for firefighting purposes for the site, or that the project includes measures to provide adequate water supply for firefighting purposes.

• (4) The site has adequate parking. For purposes of this section, adequate parking shall mean that the site complies with at least the minimum number of parking spaces required for the zoning district (covered or not covered). If the site does not comply with the covered parking requirement, the Town Council may require covered parking to be provided. The Town Council may consider the size of the residence, number of bedrooms, and the size and use of the proposed attic and may require additional parking up to the following:

• (5) That the project shall comply with the most recent California Residential Code adopted by the Town.

• (6) The project substantially conforms to design review criteria and standards in Section 18.41.100, even if design review is not required.

(e) Terms and Conditions. Any exception approval may include such terms and conditions as deemed necessary or appropriate by the Planning and Building Director or their designee and town council to affect the purposes of this title. The following conditions shall apply to all projects:

• (1) Floor area exempted under this chapter shall not be traded off for non-attic floor area.

• (2) Project construction shall comply with the most recent Construction Mitigation Measures adopted by the Bay Area Air Quality Management District and grading activities shall include Best Management Practices (BMPs) designed to limit potential erosion.

• (3) As provided in Title 15, Section 15.50.060, no building permit shall be issued within nine months of final inspection or expiration of an antecedent building permit.

(f) Any exception request that does not comply with the prescribed limitations set forth in this chapter shall require a variance, pursuant to Chapter 18.48. (Ord. 728 (part), 2025; Ord. 696 (part), 2019; Ord. 674, 2016; Ord. 645, 2013; Ord. 636 (part), 2012; Ord. 624 (part), 2011).

18.46.040 Prior conditions not applicable. This chapter supersedes any town council conditions limiting improvement of attic and basement areas imposed prior to the effective date of this section. (Ord. 696 (part), 2019; Ord. 636 (part), 2012).

Chapter 18.48

Sections:

18.48.010 Chapter application. 18.48.020 Application--Contents. 18.48.030 Conditions. 18.48.040 Public hearing. 18.48.045 Denial of incomplete or inactive applications.

(Ord. 728 (part), 2025)

18.48.010 Chapter application. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, variances and exceptions may be granted, by the town council in appropriate cases, after public notice and hearing as provided herein and as further provided in Sections 18.48.020 and 18.48.030.

(1) Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(3) A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to use permits. (Ord. 728 (part), 2025; Ord. 375 §7, 1977; prior code §10 112 (part)).

18.48.020 Application--Contents. Application for any variance and/or exception shall be made in writing in the form, and accompanied by the fee, prescribed by the town council and shall contain a statement and adequate evidence showing:

(1) That there are special circumstances or conditions applicable to the land, building or use referred to in the application;

(2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights;

(3) That the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 728 (part), 2025; Prior code §10 112 (part)).

18.48.030 Conditions. In granting any varianceand/or exception under the provisions of this chapter, the town council shall designate such conditions in connection therewith as will in its opinion, secure substantially the objectives of the regulation or provision to which the variance, exception or adjustment is granted, as to light, air, and the public health,

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safety, comfort, convenience and general welfare. In order to grant any variance and/or exception, the findings of the town council shall be that the qualifications under Section 18.48.020 apply to the land, building, or use for which a variance and/or is sought, and that the variance/exception shall be in harmony with the general purpose of this title. (Ord. 728 (part), 2025; Prior code §10 112 (part)).

18.48.040 Public hearing. A public hearing shall be held as provided in Section 18.44.020, except that notices need only be mailed to owners within three hundred feet and no published notice need be given. (Prior code §10 112 (part)).

18.48.045 Denial of incomplete or inactive applications. Consistent with state law, the Planning and Building Director or their designee may administratively deny without prejudice any application which remains incomplete or inactive for a period of greater than ninety days, or is continued at the applicant's request for more than sixty days. (Or.d 728 (part), 2025; Ord. 584 §4, 2004).

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Chapter 18.50

Sections:

18.50.010 Purpose. 18.50.020 Chapter application. 18.50.030 Submittal requirements. 18.50.040 Hearing. 18.50.045 Administrative review. 18.50.060 Findings. 18.50.070 Denial of incomplete or inactive applications. 18.50.080 Noncompliance. 18.50.090 Emergency situations. 18.50.100 Permit for replacement structure required.

18.50.010 Purpose. (a) The "small town" quality and feel of the town are heavily shaped by the attributes, integrity, historical character and design scale of existing residential and commercial neighborhoods. The preservation, enhancement and continued use of structures with historic, architectural, cultural and/or aesthetic importance is essential in retaining this community character.

(b) The town council, after considering citizen and professional input, as necessary, should decide whether a structure may be removed from the neighborhood fabric of Ross. When demolition of a structure is appropriate because of a lack of historic, architectural, cultural and aesthetic value, the replacement structure must be sensitive to existing neighborhood character and qualities. Demolition activity itself should be designed to minimize disturbances and hazard to the neighborhood and community.

(c) This chapter establishes procedures for the review of proposed demolitions and construction of replacement structures necessary to meet this purpose. (Ord. 513 §1(part), 1993).

18.50.020 Chapter application.

(a) Except as otherwise provided in this chapter, no dwelling unit, carriage house, commercial or institutional building on any lot within the town shall be demolished until a demolition permit is approved by the Ross town council. A demolition permit for exterior demolition shall be required for the demolition of more than twenty-five percent of the floor area of a structure or for the demolition of more than one thousand square feet of floor area, whichever is smaller. A demolition permit shall be required for any project resulting in the alteration of more than twenty-five percent of the exterior walls or exterior wall coverings of a residence, as determined by the Planning and Building Director or their designee. However, a demolition permit shall not be required for alternations of exterior wall coverings made in-kind (like-for-like), including sliding direction, width, spacing, and texture. Additionally, a demolition permit shall not be required when replacement of the exterior wall coverings is required for fire preventative measures (as evidenced by a letter or other forms of written communication from a home insurance company).

(b) This requirement for a demolition permit does not apply to accessory structures not used for dwelling purposes, including but not limited to swimming pools, decks, fences, garages and cabanas. Interior remodels or alterations involving no exterior demolition are not regulated by this chapter. (Ord. 728 (part), 2025; Ord. 726 (part) 2024; (Ord. 641 (part), 2013;

18.50.030 Submittal requirements. (a) Demolition permit applications to allow demolition activity shall be filed with the planning department on forms prepared by the Planning and Building Director or their designee. A fee as set by the town council shall be provided.

(b) Every demolition permit application shall include standard submittal requirements as prepared by the Planning and Building Director or their designee. Applications must include information necessary to allow the town to review the building replacing the demolished structure, including, but not limited to, building elevations, sections, floor plans and site plans. All drawings and plans shall show both existing and proposed elevations and clearly identify all new construction and label all materials as new or existing. An extensive termite, dry rot damage report shall be prepared, as required by the Planning and Building Director or their designee or town council, which shall not only identify areas of damage but shall explore to determine the full extent of the damage, both exposed and concealed. Complete photos and a videotape of the structure's exterior shall be provided. A project manager, hired by the Town at the applicant's expense, shall monitor demolition/construction activity as deemed necessary by the Planning and Building Director or their designee. Additional information may be required by the planner or town council.

(c) Independent evaluation and report by an architect specializing in historic preservation, historical resources or a similar field may be required by the Planning and Building Director or their designee or council. This consultant will be selected by the town and retained at the applicant's expense. (Ord. 728 (part), 2025; Ord. 641 (part), 2013; Ord. 534 (part), 1996; Ord. 513 §1(part), 1993).

18.50.040 Hearing. Except as otherwise provided in this chapter, demolition permit applications will be heard by the town council at a public meeting. The town council will review the application at its next available meeting following a determination by the Planning and Building Director or their designee that the application is complete. The town clerk will mail written notice at least ten calendar days prior to the hearing to the applicant and to all owners of property within three hundred feet from the exterior boundaries of the project site. (Ord. 728 (part), 2025; Ord. 641 (part), 2013; Ord. 513 §1(part), 1993).

18.50.045 Administrative review. The Planning and Building Director or their designee may act, without a public hearing or public notice, on any demolition permit application that involves alteration of more than twenty-five percent of the exterior walls, but less than twentyfive percent of the exterior wall coverings of a residence. The Planning and Building Director or their designee may approve the application upon making the findings in Section 18.50.060 and may impose conditions as permitted under Section 18.50.050. (Ord. 728 (part), 2025; Ord. 641 (part), 2013).

18.50.060 Findings. (a) The town council may approve or conditionally approve any application upon making the following findings:

(1) The demolition will not remove from the neighborhood or town, nor adversely affect, a building of historical, architectural, cultural or aesthetic value. The demolition will not adversely affect nor diminish the character or qualities of the site, the neighborhood or the community.

(2) The proposed redevelopment of the site protects the attributes, integrity,

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historical character and design scale of the neighborhood and preserves the "small town" qualities and feeling of the town.

(3) The project is consistent with the Ross general plan and zoning ordinance.

(4) The project 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 and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood.

(b) The town council shall deny any project for which it cannot make the findings required in this section. (Ord. 513 §1(part), 1993).

18.50.065 Project reducing housing stock. Projects reducing the number of housing units in the town, whether involving the demolition of a single unit with no replacement unit or the demolition of multiple units with fewer replacement units, are discouraged; nonetheless, such projects may be approved if the council makes findings that the project is consistent with the neighborhood and town character and that the project is consistent with the Ross general plan. (Ord. 543-1 (part), 1998).

18.50.070 Denial of incomplete or inactive applications. Consistent with state law, the Planning and Building Director or their designee may administratively deny without prejudice any application which remains incomplete or inactive for a period of greater than ninety days or is continued at the applicant's request for more than sixty days. (Ord. 728 (part), 2025; Ord. 513 §1(part), 1993).

18.50.080 Noncompliance. Failure to comply in any respect with the conditions or approved plans constitutes grounds for the town to immediately stop work related to the noncompliance until the matter is resolved. Such violation will be subject to the enforcement penalties and procedures of Chapter 18.64 of this code. (Ord. 513 §1 (part), 1993).

18.50.090 Emergency situations. (a) An emergency demolition permit may be issued by the Planning and Building Director or their designee prior to council approval of a demolition permit when a structure is determined by the Planning and Building Director or their designee, to pose an immediate threat to public health, safety and welfare and no other alternative means exist to permanently or temporarily prevent, restrain, correct or abate the threat. The extent of demolition activity shall be limited to the minimum amount necessary to abate the urgency situation. The Planning and Building Director or their designee may condition such emergency demolition as necessary to provide compliance with this chapter.

(b) Neither the failure to perform normal maintenance and repairs, nor willful or negligent acts by the owner, shall be grounds for issuance of an emergency demolition permit. (Ord. 728 (part), 2025; Ord. 513 §1(part), 1993).

18.50.100 Permit for replacement structure required. If a replacement structure is required as a condition of approving a demolition permit, the town shall not issue a building permit to allow the approved demolition activity until the applicant secures a building permit for the replacement structure. (Ord. 641 (part), 2013).

3

Chapter 18.52

Sections:

18.52.010 Requirements generally. 18.52.020 Use changed to another nonconforming use. 18.52.030 Alteration. 18.52.040 Nonconformity permit. 18.52.045 Minor nonconformity permit. 18.52.050 Provision applicability--Suspension time limit.

18.52.010 Requirements generally (a) Any nonconforming structure may be used and maintained except as otherwise provided in this chapter.

(b) A nonconforming use lawfully established prior to the adoption of this title may be continued, subject to the limitations hereinafter provided.

(c) If any nonconforming use is abandoned or discontinued for any reason, subsequent use of such land shall be in conformity with the provision of this title. The discontinuance of a nonconforming use for a period of six months or more is, in itself prima facie evidence of abandonment. (Ord. 653 (part), 2014; Ord. 434 §1, 1981; Ord. 416 §1, 1980; Ord. 377 §4, 1977; Ord. 270 §1, 1968: prior code §10 113 (part)).

18.52.020 Use changed to another nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification, but such use shall be subject to other provisions of this title. (Ord. 653 (part), 2014; Prior code §10 113 (part)).

18.52.030 Alteration. No nonconforming use, no nonconforming structure and no structure devoted to a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless such structure or use is changed to a structure or use permitted under the regulations specified by this title for the district in which the structure is located except as provided in Chapter 15.56 “Disaster Recovery and Reconstruction” or this section.

(a) A nonconforming structure may be altered so long as the exterior dimensions of the structure are not enlarged by the alteration and all other regulations are complied with.

(b) A nonconforming structure may be expanded so long as the expansion complies with all zoning regulations, including required parking.

(c) Nonconforming structures in a residential zoning district may be enlarged, extended reconstructed or structurally altered with a nonconformity permit approved under Section 18.52.040 or 18.52.045, except that a floor area ratio variance shall be required to increase the square feet of nonconforming floor area and a floor area ratio variance shall not be required for floor area associated with an Accessory Dwelling Unit when constructed in accordance with Chapter 18.42 of this Code or state legislation. (Ord. 708 (part), 2020; Ord. 704 (part), 2020; Ord. 653 (part), 2014; Ord. 641 (part), 2013; Prior code §10 113 (part)).

18.52.040 Nonconformity permit. (a) Purpose and Intent. Many residential structures in the town do not conform to the requirements of this Zoning Code because they were established before the adoption of zoning or before residential floor area limits were established in 1967. The purpose of this section is to allow for the continued existence, reconstruction and modification of nonconforming residential structures, subject to limitations set forth in this

section. The intent of these regulations is to protect historic buildings and those that contribute to the Town’s small town character; to permit floor area nonconformities to be retained on site redevelopment where the design is appropriate; and to allow other nonconformities to be maintained when reasonable and where they create the same or fewer impacts than strict conformance with town regulations.

(b) Nonconformity Permit. The town council may permit nonconforming structures in the Single Family Residence and Special Building Site B Districts to be enlarged, extended, reconstructed or structurally altered by approval of a nonconformity permit under this section.

(c) Application. An application for a nonconformity permit shall be filed with the Planning and Building Director or their designee on forms prescribed by the Planning and Building Director or their designee, along with any plans or additional information required and the fee as established by a resolution of the town council. The application shall include, in part, evidence supporting the findings required by this chapter.

(d) Review and Approval Authority. The town council shall review and approve, conditionally approve, or deny a nonconformity permit application at a public meeting. The Town Council shall consider the application concurrently with any related application for design review under Chapter 18.41 or demolition permit under Chapter 18.50.

(e) Notice. The town shall mail notice of the meeting at least 10 days prior to the meeting to the property owner and all owners within 300 feet of the property that is the subject of the meeting as shown on the latest equalized assessment roll. In lieu of using the assessment roll, the Town may use records of the county assessor or tax collector which contain more recent information than the assessment roll.

(f) Mandatory findings for nonconformity permit. The town council may approve or conditionally approve a nonconformity permit under this section if the council has facts to support all of the following findings:

(1) The nonconforming structure was in existence at the time the ordinance that now prohibits the structure was passed. The structure must have been lawful when constructed. The property owner has the burden to prove by substantial evidence the nonconforming and legal status of the structure.

(2) The town council can make the findings required to approve any required demolition permit for the structure: The demolition will not remove from the neighborhood or town, nor adversely affect, a building of historical, architectural, cultural or aesthetic value. The demolition will not adversely affect nor diminish the character or qualities of the site, the neighborhood or the community.

(3) The project substantially conforms to relevant design review criteria and standards in Section 18.41.100, even if design review is not required.

(4) Total floor area does not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s); or b) the maximum floor area permitted for the lot under current zoning regulations. The town shall apply the definition of floor area in effect at the time of the application for a nonconformity permit.

(5) Granting the permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(6) The project will comply with the Flood Damage Prevention regulations in Chapter 15.36.

(7) The fire chief has confirmed that the site has adequate access and water supply for firefighting purposes, or that the project includes alternate measures approved by the fire chief.

(8) The applicant has agreed in writing to the indemnification provision in

Section 18.40.180.

(9) The site has adequate parking. For purposes of this section, adequate parking shall mean that the site complies with at least the minimum number of parking spaces required for the zoning district (covered or not covered). If the site does not comply with the covered parking requirement, the Town Council may require covered parking to be provided. The Town Council may consider the size of the residence and number of bedrooms and may require additional parking up to the following:

(g) Terms and Conditions. Any nonconformity permit approval may include such terms and conditions as deemed necessary or appropriate by the town council to effect the purposes of this ordinance.

(h) Any request that does not comply with the prescribed limitations set forth in this chapter shall require a variance, pursuant to Chapter 18.48. (Ord. 728 (part), 2025; Ord. 653 (part), 2014; Prior code §10 113 (part)). 18.52.045 Minor Nonconformity Permit. (a) Purpose and Intent. The purpose of this section is to allow minor modifications to nonconforming structures to take place without the cost or the time commitment of town council review. These provisions retain public notice of the pending action and adherence to town guidelines and standards.

(b) Applicability. The Planning and Building Director or their designee may permit nonconforming structures in the Single Family Residence and Special Building Site B Districts to be enlarged, extended, reconstructed or structurally altered by approval of a minor nonconformity permit under the following conditions:

(1) No increase to the floor area or the location of the structure is being proposed;

(2) The structure is not readily visible from the public way or from immediately adjacent properties; or

(3) There is a minor visual impact as determined by the Planning and Building Director or their designee.

(c) Application. An application for a minor nonconformity permit shall be filed with the Planning and Building Director or their designee on forms prescribed by the Planning and Building Director or their designee, along with any plans or additional information required and the fee as established by a resolution of the town council. The application shall include, in part, evidence supporting the findings required by this chapter.

(d) Review and Approval Authority. The Planning and Building Director or their designee shall review and approve, conditionally approve, or deny an exception application administratively with no public meeting in accordance with this chapter, if no other entitlements are required. If other approvals are necessary, the minor nonconformity permit application shall be filed concurrently with the related applications and shall be acted upon by the town council. The Planning and Building Director or their designee may refer an application directly to the town council for consideration.

(e) Notice.

(1) The Planning and Building Director or their designee shall mail notice of intent to take action on a minor exception at least 10 days prior to the decision to the owner of the property that is the subject of the application and all adjacent property owners as shown on the latest equalized assessment roll. In lieu of using the assessment roll, the Town may use records of the county assessor or tax collector which contain more recent information than the assessment roll.

(2) The notice shall provide that a decision will be made by the Planning and Building Director or their designee to approve or disapprove the minor exception application on a date specified in the notice. The notice shall include the name of the applicant, the scheduled date for action, a general explanation of the matter to be considered, the location of the real property that is the subject of the application and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. When a hearing is requested, notice of the hearing shall be provided pursuant to Government Code Section 65091.

(f) Mandatory findings for minor nonconformity permit. The Planning and Building Director or their designee may approve or conditionally approve a minor nonconformity permit under this section if the Planning and Building Director or their designee has facts to support all of the following findings:

(1) The nonconforming structure was in existence at the time the ordinance that now prohibits the structure was passed. The structure must have been lawful when constructed. The property owner has the burden to prove by substantial evidence the nonconforming and legal status of the structure.

(2) The Planning and Building Director or their designee can make the findings required to approve any required demolition permit for the structure: The demolition will not remove from the neighborhood or town, nor adversely affect, a building of historical, architectural, cultural or aesthetic value. The demolition will not adversely affect nor diminish the character or qualities of the site, the neighborhood or the community.

(3) The project substantially conforms to relevant design review criteria and standards in Section 18.41.100, even if design review is not required.

(4) Total floor area does not exceed the greater of: a) the total floor area of the existing conforming and/or legal nonconforming structure(s); or b) the maximum floor area permitted for the lot under current zoning regulations. The town shall apply the definition of floor area in effect at the time of the application for a nonconformity permit.

(5) Granting the permit will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(6) The project will comply with the Flood Damage Prevention regulations in Chapter 15.36.

(7) The fire chief has confirmed that the site has adequate access and water supply for firefighting purposes, or that the project includes alternate measures approved by the fire chief.

(8) The applicant has agreed in writing to the indemnification provision in Section 18.40.180.

(g) Terms and Conditions. Any minor nonconformity permit approval may include such terms and conditions as deemed necessary or appropriate by the Planning and Building Director or their designee to effect the purposes of this ordinance. (Ord. 728 (part), 2025; Ord. 713, 2022; Ord. 708 (part), 2020).

-- 18.52.050 Provision applicability Suspension time limit. The foregoing provisions shall also apply to nonconforming uses and structures created by future amendments to the provisions of this title and any time limit for the suspension of a nonconforming structure or use shall date from the date of the enactment of this title or any amendment which first creates the nonconformity. (Ord. 653 (part), 2014; Prior code §10 113 (part)).