Ross Municipal Code § 18.12 Referenced Standards

18.12.310 Single room occupancy housing. 18.12.315 Slope. 18.12.317 Special community event. 18.12.320 Stable, private. 18.12.330 Stable, commercial. 18.12.340 Structure. 18.12.350 Story. 18.12.360 Story, half. 18.12.370 Street. 18.12.380 Structural alterations. 18.12.382 Supportive housing. 18.12.385 Sports court. 18.12.386 Town event. 18.12.387 Transitional housing. 18.12.388 Walkway. 18.12.390 Yards. 18.12.400 Yard, rear. 18.12.410 Yard, front. 18.12.420 Yard, side.

Section 18.12.310 (Servants’ quarters) repealed (Ord. 613 (part), 2009). Section 18.12.223 (Medical Marijuana dispensary) repealed (Ord. 670 (part), 2016).

(Ord. 728 (part), 2025)

18.12.010 Definitions generally. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular. The word “building” includes the word “structure” and the word “shall” is mandatory and not directory. The term “town council” means the town council of Ross, and “planning commission” means the town council sitting as a planning commission for the town. The definitions set forth in the uniform building regulations of the town, as amended from time to time shall be applicable to this title if such definitions are not in conflict with those following. (Prior code §10 103 (part)).

18.12.020 Accessory building. “Accessory building” means a detached subordinate building, the use of which is incidental and customarily, accessory to that of the main building on the same lot, or to the use of the land. (Prior code §10 103 (part)).

18.12.030 Accessory dwelling unit. “Accessory dwelling unit” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time, including but not limited to an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (A) An efficiency unit.

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(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (Ord. 728 (part), 2025)

18.12.035 Accessory use. “Accessory use” means a use or building incidental or subordinate to the principal use or building on the same lot. (Prior code §10 103 (part)).

18.12.040 Agency. “Agency” means an office or commercial establishment in which goods, material or equipment is received for servicing, treatment or processing elsewhere. (Prior code §10 103 (part)).

18.12.045 Attic. “Attic” means residual, open space between the ceiling of the uppermost story and the roof. If the “attic” is partitioned off into rooms and/or used for living area, it shall be considered a story. (Ord. 624 (part), 2011; Ord. 430 §1, 1981).

18.12.050 Basement. “Basement” means a space partly or wholly underground. A finished basement is defined as a space used in conjunction with daily household activities. It includes recreation rooms, wine cellars, laundry rooms and/or any space which is seven feet or more in height or has sheet rock or paneled walls. If the finished floor level directly above a basement is six feet or more above natural grade for more than twenty-five percent of the basement perimeter, such basement shall be considered as a “story.” (Ord. 624 (part), 2011; Ord. 471 (part), 1989; Ord. 430 §3, 1981; prior code §10 103 (part)).

18.12.060 Building. “Building” means any structure having a roof supported by columns and/or walls and intended for the use of any persons, animal or chattel. (Prior code §10 103 (part)).

18.12.070 Building coverage. “Building coverage” means the land area covered by all buildings on a lot, including all projections. The first 24 inches of roof eaves, overhangs and gutters are not included in building coverage. The area of any wooden, concrete or masonry deck, porch or patio area that is at ground level or not over eighteen inches from ground level shall not be so included provided such structure is not roofed. (Ord. 654 (part), 2014; Ord. 471 (part), 1989; prior code §10 103 (part)).

18.12.080 Building height. “Building height” means the vertical distance as measured in a straight line from any point to either existing or finished grade, whichever is lower. (Ord. 620 (part), 2010; Ord. 589 §1, 2005; Ord. 471 (part), 1989; prior code §10 103 (part)).

18.12.090 Building site. “Building site” means the land area occupied by or capable of being covered by all structures permissible under this title within required yards or other setback lines. (Prior code §10 103 (part)).

18.12.095 Creek. “Creek” means a watercourse (1) that carries water, either intermittently or continuously, in a defined channel, continuous swale or depression, or in a culvert that was placed in the general historic location thereof; and (2) the water either merges with a larger watercourse or body of water, or is diverted into an engineered structure that does not follow the general historic course of a creek. "Creek" does not include any part of an engineered structure developed for collection of storm or flood waters (e.g. a storm drainpipe) that does not follow the general historic course of a creek. For the purposes of measuring creek setback, the measurement shall start at the top of bank on the nearest side of the creek, as determined by the Town Engineer. (Ord. 708 (part), 2020; Ord. 604 (part), 2008)

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18.12.100 Dwelling. “Dwelling” means a building designed for and/or occupied by one or more persons or families. (Prior code §10 103 (part)).

18.12.115 Emergency shelter. “Emergency shelter” has the same meaning as defined in California Health and Safety Code Section 50801(e). (Ord. 631 (part), 2012; Ord. 613 (part), 2009).

18.12.120 Family. “Family” means one or more persons living together in a dwelling unit with common use of all living, kitchen, and eating areas within the dwelling unit.. (Ord. 728 (part), 2025; Ord. 524 (part), 1993; prior code §10 103 (part)).

18.12.130 Floor area ratio. “Floor area ratio” means the floor area of the building or buildings on a lot, divided by the area of that lot. For the purpose of determining the allowable floor area of a lot, the floor area is the sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces of the exterior walls. Floor area also includes mezzanines, finished basements and attics, garages, carports, porches which are screened or enclosed with a depth or width greater than ten feet, stairs and elevators on one floor, and other detached structures which are accessory to a dwelling. Floor area shall not include storage sheds less than 120 square-feet or finished basement space used only for storage with less than seven feet of ceiling height and finished attic space used only for storage that does not meet building code requirements for habitable space and is not accessible by permanent stairs. (Ord. 728 (part), 2025; Ord. 708 (part), 2020; Ord. 624 (part), 2011; Ord. 620 (part), 2010; Ord. 590 §2, 2005; Ord. 575 (part), 2003; Ord. 557 (part), 2001; Ord. 471 (part), 1989; Ord. 439 §1, 1983; Ord. 264 §1, 1967; prior code §10 103 (part)).

18.12.140 Garage, private. “Private garage” means an accessory building or portion of a building designed and/or used only for the shelter or storage of not more than four automobiles not more than one of which may be used for business or commercial purposes, and which are owned or operated by the occupants of the dwelling. (Prior code §10 103 (part)).

18.12.150 Garage, commercial. “Commercial garage” means a building, other than a private garage, used for the parking, repair or servicing of motor vehicles. (Prior code §10 103 (part)).

18.12.160 Garage, parking. “Parking garage” means a public garage designed and/or used on a commercial basis for the storage only of vehicles. (Prior code §10 103 (part)).

18.12.177 Home business. “Home business” means any activity which results in a product or service not used in its entirety by the family group, which is carried on in a residence by members of the family occupying the dwelling, which meets all of the criteria for a home occupation, but includes one other employed person in addition to members of the family. (Ord. 561 (part), 2001).

18.12.180 Home occupation. “Home occupation” means any activity which results in a product or service not used in its entirety by the family group, which is carried on in a residence, meeting all of the following criteria:

(1) The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes;

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(2) The use is confined completely within a legal dwelling and occupies not more than twenty-five percent of the floor space of the dwelling or a portion of an accessory building;

(3) The use is carried on by members of the family occupying the dwelling, with no other people employed on-site;

(4) There shall be no advertising sign, nor display, nor stock in trade nor commodity sold upon the premises;

(5) There shall be no activity outside of the dwelling unit not normally associated with residential use, nor shall the home occupation generate a character and volume of vehicular traffic not normally associated with residential use;

(6) No garaging nor storing of vehicles bearing any advertising related to the home occupation shall be permitted nor shall any type of commercial vehicle be used in connection with the home occupation or parked on the property;

(7) A home occupation shall not create excessive parking at the location nor shall it displace off-street motor vehicle parking space requirements of this title;

(8) No professional offices are allowed, specifically including but not limited to the healing arts, law, accounting, real estate, clergy, insurance and similar professional or semiprofessional offices;

(9) No listing or advertising of the address of such home occupation for business purposes is permitted except normal listing, not including display ads, in telephone, business and town directories and in newspapers and magazines;

(10) A home occupation shall produce no external evidence of its existence; there shall be no mechanical equipment used except such as is necessary and customary for housekeeping purposes or electrical equipment acceptable for connection to one-hundred-ten or two-hundredtwenty circuit; no outside operations or storage; no alteration of the residential appearance of the premises and no process used which is hazardous to the health, safety or general welfare of the public or which emits smoke, dust, noise, fumes, odors, vibrations, glare, or electrical disturbances onto any other premises. (Ord. 561 (part), 2001; Ord. 295 §1, 1969; prior code §10 103 (part)).

18.12.190 Junior Accessory Dwelling unit “Junior accessory dwelling unit” shall have the same meaning as defined in California Government Code Section 65852.22, as amended from time to time, including but not limited to a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (Ord. 728 (part), 2025)

18.12.195 Lot. “Lot” means a parcel of land under one ownership used or capable of being used under the regulations of this title, and including both the building site and all required yards and other open spaces and frontages as defined herein. (Prior code §10 103 (part)).

18.12.200 Lot area. “Lot area” means the total area included within a lot excluding vehicular easements serving other property. (Prior code §10 103 (part)).

18.12.210 Lot, corner. “Corner lot” means a lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of the streets. (Prior code §10 103 (part)).

18.12.220 Lot width. “Lot width” means the average distance between side lot lines. (Prior code §10 103 (part)).

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18.12.222 Massage establishment. “Massage establishment” is defined by the Massage Therapy Act, California Business and Professions Code Section 4601(f), as the same may be amended from time to time. (Ord. 660 (part), 2015).

18.12.225 Mezzanine. “Mezzanine” means an intermediate floor placed in any story or room. When the total area of such “mezzanine floor” exceeds one-third of the total floor area in that room, it shall be considered as constituting an additional story. The clear height above or below a “mezzanine floor” construction shall be not less than seven feet. (Ord. 728 (part), 2025; Ord. 430 §2, 1981).

18.12.230 Nonconforming structure. “Nonconforming structure” means a building or structure or portion thereof which does not conform to one or more regulations of the district in which it is located. (Ord. 653 (part), 2014; Prior code §10 103 (part)).

18.12.240 Nonconforming use. “Nonconforming use” means a use which does not comply with the use regulations in the district in which it is located, including any use requiring a use permit. (Prior code §10 103 (part)).

18.12.250 Outdoor advertising. “Outdoor advertising” means any outdoor display of advertising material in any form, in, on, or upon any physical structure, vehicle, or natural object. (Ord. 379 §1, 1977; prior code §10 103 (part)).

18.12.260 Outdoor advertising sign or structure. “Outdoor advertising sign or structure” means any structure upon which outdoor advertising is placed or displayed. (Prior code §10 103 (part)).

18.12.270 Parking space. “Parking space” means land or space with a minimum standard dimension of nine (9) feet wide by 18 feet long, privately owned, covered or uncovered, laid out for, and used or designed to be used by a standing vehicle. An enclosed parking space includes a permanent, roofed structure that adequately screens the vehicle from public view, as determined by the Planning and Building Director or their designee. (Ord. 728 (part), 2025; Ord. 708 (part), 2020; Prior code §10 103 (part)).

18.12.273 Porch. “Porch” means a roofed structure projecting from the exterior wall of a dwelling for the purpose of providing shelter for an entrance. Porches provide an architectural transition between the interior of a residence and a yard and may not be used as living space. (Ord. 590 §1, 2005).

18.12.275 Residential care facility. “Residential care facility” means a family dwelling unit licensed or supervised by any federal, state, or local health/welfare agency which provides twenty-four-hour nonmedical care of unrelated persons who are disabled 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. (Ord. 728 (part), 2025; Ord. 524 (part), 1993).

18.12.278 Ross based nonprofit. “Ross-based nonprofit” means an organization that occupies a parcel of property within the Ross town limits and does not declare a profit and instead uses all revenue available after normal operating expenses in service to the public interest for charitable, educational, scientific, religious or literary purposes. (Ord. 652 (part), 2014).

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18.12.280 School, private. “Private school” as used in this title means and includes only a private, full-time day school or institution of learning wherein a general course of study is maintained or carried on upon academic and educational standards equivalent to those of the public schools of this state and of the same grade or grades, and which shall offer instruction in the several branches of study required to be taught in the public schools of this state. (Ord. 524 (part), 1993; prior code §10 103 (part)).

18.12.290 Service station. ‘Service station” means a retail business establishment supplying motor fuel and oil, and minor accessories and services for motor vehicles, and not including repairs.

18.12.300 Setback line. “Setback line” means a line established by this title to govern the placement of buildings with respect to streets, alleys and adjoining property lines. (Prior code §10 103 (part)).

18.12.310 Single room occupancy housing. “Single room occupancy housing” means multi-unit housing that consists of single room dwelling units rented for at least thirty days in which all living activities occur within a single room. (Ord. 631 (part), 2012).

18.12.315 Slope. “Slope” means percent slope determined by the difference between the minimum and maximum elevations, divided by the horizontal distance between these respective elevations measured along a line perpendicular to the natural contours, times one hundred. The measurement of slope shall be determined by the town engineer. (Ord. 604 (part), 2008; Ord. 471 (part), 1989).

18.12.317 Special community event. “Special community event” means an event by a Ross-based nonprofit or Ross School District that takes place within the Ross town limits that is open to the Ross community and does not take place more than once per year. Special community events include, but are not limited to, parades, holiday house tours, garden tours, town dinners, book fairs, or any other similar events. The Town Council may designate events that take place more than once per year as special community events. (Ord. 652 (part), 2014).

18.12.320 Stable, private. “Private stable” means an accessory structure for the keeping and care, for private, noncommercial, and nonremunerative, purposes, of not more than two horses on a minimum lot of one acre, and one additional horse per each additional acre. On sites of less than one acre, the number of horses, if any, shall be as specified in the use permit. On lots of at least one acre, where the “additional property” is less than one acre, the “additional” horses, if any, shall be as specified in the use permit. (Ord. 377 §1, 1977; prior code §10 103 (part)).

18.12.330 Stable, commercial. “Commercial stable” means stable for the keeping of horses for remuneration, hire, sale or use on a commercial basis. (Ord. 377 §2, 1977; prior code §10 103 (part)).

18.12.340 Structure. “Structure” means anything temporarily or permanently constructed or erected upon the ground including, without limitation, recreational use structures, such as swimming pools, pool aprons or coping, hot tubs, patios, decks, tennis or sports courts and other similar recreational and social facilities, but excluding driveways and walkways upon the ground surface. “Structure" does not include fences under seven feet tall, entry arbors that comply with 18.40-200(c) (3), and retaining walls less than forty-height inches in height. . (Ord.

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728 (part), 2025; Ord. 641 (part), 2013; 604 (part), 2008; Ord. 447 §1, 1984; prior code §10 103 (part)).

18.12.350 Story. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. (Ord. 471 (part), 1989; Ord. 430 §4, 1981; prior code §10 103 (part)).

18.12.360 Story, half. “Half story” is as defined the Uniform Building Code edition effective in the town. (Prior code §10 103 (part)).

18.12.370 Street. “Street” means a public vehicular way which affords a primary means of access to property. (Prior code §10 103 (part)).

18.12.380 Structural alterations. “Structural alterations” means any change in the supporting members of a building as bearing walls, columns, beams or girders and floor joists, ceiling joists or roof rafters. Structural alteration does not include replacement of a foundation. (Ord. 604 (part), 2008; Prior code §10 103 (part)).

18.12.382 Supportive housing. “Supportive housing” is rental housing developments receiving assistance under the Multifamily Housing Program regulated through California Code of Regulations, Title 25, Article 7, Section 4. Such housing is occupied by a target population and linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (Ord. 728 (part), 2025; Ord. 631 (part), 2012).

18.12.385 Sportscourt. “Sportscourt” means the area of enclosure within which sports, in its various forms, including without limitation, basketball, tennis, platform and paddle or any other recreational sports, is played. (Ord. 728 (part), 2025; Ord. 368 §1, 1976).

18.12.386 Town event. “Town event” means any event sponsored in whole or in part by the Town of Ross. (Ord. 652 (part), 2014).

18.12.387 Transitional housing. “Transitional housing” is an establishment providing intermediate shelter to persons for up to nine months. Transitional housing will offer, either on or off-site, access to social services, counseling, and other programs to assist formerly homeless residents in the transition to permanent housing. This classification does not include facilities licensed for residential care by the State of California or homeless shelters. (Ord. 631 (part), 2012; Ord. 613 (part), 2009).

18.12.388 Walkway. “Walkway” means a path less than or equal to four feet in width; less than or equal to eighteen inches above grade; serving a circulation function. (Ord. 471 (part), 1989).

18.12.390 Yards. “Yards” also referred to as “Setbacks” means land unoccupied or unobstructed, except for such encroachments as may be permitted by this title, surrounding a building site. Roof eaves, overhangs and gutters may project into the first 24 inches of a required yard area. (Ord. 708 (part), 2020; Ord. 654 (part), 2014; Prior code §10 103 (part)).

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18.12.400 Yard, rear. “Rear yard” also referred to as “rear setback” means a yard extending between the side lines of the lot and measured between the rear line of the lot and the nearest point of the main building or porch nearest the rear line of the lot. (Ord. 708 (part), 2020; Prior code §10 103 (part)).

18.12.410 Yard, front. “Front yard” also referred to as “front setback” means a yard extending across the full width of the lot measured between the street line (or the lot line connected to a street by legal access) and the nearest point of the main building or porch. The front yard of a corner lot is the yard adjacent to the shorter street frontage. (Ord. 708 (part), 2020; Prior code §10 103 (part)).

18.12.420 Yard, side. “Side yard” also referred to as “side setback” means a yard on either side of the lot extending from the front line to the rear lot line, the width of each yard being measured between the side line of the lot, and the nearest point of the main building or porch. (Ord. 708 (part), 2020; Prior code §10 103 (part)).

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Chapter 18.16

- SINGLE FAMILY RESIDENCE (R 1) DISTRICT

Sections: