Article I — Land Use Code Applicability

16-10 PURPOSE AND APPLICABILITY OF ZONING ORDINANCE....................I-2 16-10.010 - Title................................................................................................................. I-2 16-10.020 - Purpose of the Zoning Ordinance ................................................................... I-2 16-10.030 - Responsibility for Administration................................................................... I-3 16-10.040 - Authority and Relationship to General Plan ................................................... I-3 16-10.050 - Applicability of Zoning Ordinance ................................................................. I-4 16-10.060 - Partial Invalidation of Zoning Ordinance........................................................ I-6 16-12 INTERPRETATION OF ZONING ORDINANCE ............................................I-7 16-12.010 - Purpose............................................................................................................ I-7 16-12.020 - Authority and Procedures for Interpretation ................................................... I-7 16-12.030 - Rules of Interpretation .................................................................................... I-7 16-14 ZONING MAP ......................................................................................................I-10 16-14.010 - Purpose.......................................................................................................... I-10 16-14.020 - Zoning Map and Zones ................................................................................. I-10

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-10.010

Purpose and Applicability of Zoning Ordinance

Section:

16-10.010 - Title

• 16-10.020 - Purpose of the Zoning Ordinance

• 16-10.030 - Responsibility for Administration

• 16-10.040 - Authority and Relationship to General Plan

• 16-10.050 - Applicability of Zoning Ordinance

• 16-10.060 - Partial Invalidation of Zoning Ordinance

This Chapter of the Tiburon Municipal Code (Title IV, Chapter 16) shall be known, and may be cited, as the Zoning Ordinance of the Town of Tiburon.

This Zoning Ordinance is adopted to protect and promote the public health, safety, and general welfare. More specifically, the Zoning Ordinance is adopted in order to achieve the following objectives:

• A. To provide a framework for the physical development of the Town in such a manner as to preserve its essential residential character consistent with the Town of Tiburon General Plan;

• B. To foster a harmonious, convenient, and workable relationship among land uses;

• C. To promote the stability of existing land uses that conform with the Town of Tiburon General Plan and to protect them from inharmonious influences and harmful intrusions;

• D. To ensure that public and private lands ultimately are used for the purposes that are most appropriate and most beneficial to the Town as a whole;

• E. To prevent excessive population densities and overcrowding of the land with structures;

• F. To promote a safe, effective traffic circulation and transportation management system;

• G. To require the provision of adequate off-street parking and loading facilities;

• H. To facilitate the appropriate location of community facilities;

• I. To permit office and commercial activities in appropriate locations in compliance with the Town of Tiburon General Plan in order to strengthen the Town’s economic base and to provide services for the community;

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-10.030

Purpose and Applicability of Zoning Ordinance

• J. To preserve the natural beauty of the Town’s setting and to ensure conservation of its scenic, historic, recreational, and wildlife resources;

• K. To ensure that uses and structures enhance their sites and harmonize with the surrounding area;

• L. To ensure that new development will not overtax existing utilities systems or community facilities, or services, or alternatively that provision is made to supplement existing facilities or services where needed to accommodate new development;

• M. To provide a framework for implementation of the Town’s adopted General Plan elements;

• N. To preserve and enhance the quality of the human and natural environment.

This Zoning Ordinance shall be administered by the Town Council of the Town of Tiburon, hereafter referred to as the “Council”; the Tiburon Planning Commission, hereafter referred to as the “Commission”; the Director of Community Development or his designee, hereafter referred to as the “Director”; the Community Development Department, hereafter referred to as the “Department”; and the Design Review Board, hereafter referred to as the “Board,” as provided in Section 16-60 (Administrative Responsibility).

• A. Authority. This Zoning Ordinance is enacted based on the authority vested in the Town of Tiburon by the State of California, including, but not limited to: the State Constitution, Sections 65800 and subsequent sections of the California Government Code, the California Environmental Quality Act, the Housing Act, the Health and Safety Code, and case law of the courts of California and the Supreme Court as they may all be modified from time to time.

B. Relationship to the Town of Tiburon General Plan .

1. This Zoning Ordinance carries out the policies of the Town of Tiburon General Plan, referred to as the “General Plan,” by classifying and regulating the uses of land and structures within the Town, consistent with the General Plan. The Tiburon Town Council intends that all provisions of this Zoning Ordinance be consistent with the General Plan, and that any land use or development approved in compliance with these regulations will also be consistent with the General Plan (where applicable).

If the Director determines that a proposal is not in conformity with quantified policy standards established in the General Plan, the applicant shall be advised of the discrepancies in writing, and of the willingness of the Director to confer with the applicant to assist in bringing the material submitted into conformity. If the applicant does not desire to participate in such conference, and/or declines to revise the application, the Director shall not accept the application unless accompanied by an application for General Plan amendment that would achieve

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-10.050

Purpose and Applicability of Zoning Ordinance

conformity with the General Plan. The decision of the Director may be appealed as provided in Section 16-66 (Appeals).

• A. Applicability. This Zoning Ordinance shall apply, insofar as legally permissible, to all property within the incorporated limits of the Town, including the public streets and waterways, public utility poles, lines, and underground facilities for primary distribution systems, whether such property is owned by the United States of America or any of its agencies, the State of California or any of its agencies or political subdivisions, any county or city including the Town or any of its agencies, any authority or district organized in compliance with the laws of the State of California, or private persons, firms, corporations, utilities, or organizations. The scope of this Zoning Ordinance is limited by certain preemptions set forth in State and/or federal law.

• B. Vested right exception. Except in cases where a property owner can establish a vested right to be regulated by any prior ordinance or Town-recognized document, the provisions of this Zoning Ordinance shall apply to all property development in the Town.

• C. Master and precise plan exception. Non-vested properties for which master and/or precise plans or their functional zoning permit equivalent have been adopted prior to December 26, 1990 shall continue to be governed by the provisions of those approvals, except that all such properties shall be subject to the floor area limit provisions of this Zoning Ordinance, where such provisions are more restrictive than the floor area limit provisions, if any, contained in the master and/or precise plans or their equivalent.

• D. New land uses, structures, and changes to them. Compliance with the following requirements is necessary for any person or public agency to lawfully establish a new land use or structure, or to alter or replace any land use or structure:

  1. Allowable use. The proposed use of land shall be listed as an allowable land use in Article II of this Zoning Ordinance (Zones and Allowable Land Uses) within the zone that applies to the site;

Development standards. The proposed use of land or structure shall satisfy all applicable requirements of this Zoning Ordinance, including but not limited to minimum lot area, height limits, required yard and street setbacks, residential density, lot coverage, floor area limits, etc.; and

3. Permit/approval requirements. Any land use permit or other approval required by Article II (Zones and Allowable Land Uses) shall be obtained. The preparation, filing, and processing of land use permit applications shall comply with Article V (Zoning Permit Procedures).

• E. Issuance of building permits. The Building Division may issue building permits only when:

  1. The proposed land use and/or structure satisfy the requirements of Subsection D above; and

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-10.050

Purpose and Applicability of Zoning Ordinance

2. The Director determines that the permit application contains all materials necessary to determine compliance with this Section.

• F. Continuation of an existing structure or land use. An existing land use is lawful and not in violation of the Tiburon Municipal Code when operated and maintained in compliance with all applicable provisions of this Zoning Ordinance. However, the requirements of this Zoning Ordinance are not retroactive in their effect on a land use that was lawfully established before this Zoning Ordinance or any applicable amendment became effective. See Section 16-62 (Nonconforming Uses, Structures and Lots).

• G. Alteration or expansion of an existing structure or land use. Any alteration, expansion or modification of an existing land use shall comply with all provisions of this Zoning Ordinance, specifically including Section 16-62 (Nonconforming Uses, Structures and Lots).

• H. Effect of Zoning Ordinance changes on projects in progress. The enactment of this Zoning Ordinance or amendments to its requirements may impose different standards on new land uses than those that applied to existing development. For example, this Zoning Ordinance, or a future amendment, could require larger building setbacks for a particular land use than former Zoning Ordinance provisions. The following provisions determine how the requirements of this Zoning Ordinance apply to development projects in progress at the time requirements are changed.

  1. Projects with pending applications. Zoning Permit applications that have been determined by the Department to be complete before the effective date of this Zoning Ordinance or amendment thereto, will be processed in compliance with the requirements in effect when the application was accepted as complete.

Approved projects not yet under construction. An approved project for which construction has not begun as of the effective date of this Zoning Ordinance or amendment thereto, may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable Zoning Permit.

3. Approved projects not requiring construction. An approved land use not requiring construction that has not been established by its Zoning Permit being exercised as of the effective date of this Zoning Ordinance or amendment thereto, may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit.

4. Projects under construction. A structure that is being constructed in compliance with a valid building permit on the effective date of this Zoning Ordinance, or amendment thereto, need not be changed to satisfy any new or different requirements of this Zoning Ordinance.

• I. Other requirements may still apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any other permits required by the Town, or any permit, approval or entitlement required by other provisions of the Tiburon Municipal Code, the regulations of

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-10.060

Purpose and Applicability of Zoning Ordinance

any Town department, or any regional, State, or Federal agency.

• J. Conflicting permits to be void. After the effective date of this Zoning Ordinance or any applicable amendment thereto, all permits shall be issued by the Town in compliance with the provisions of this Zoning Ordinance. Any permit or license issued in conflict with this Zoning Ordinance shall be void, except as provided in Subsection F above.

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Zoning Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Zoning Ordinance. The Tiburon Town Council hereby declares that this Zoning Ordinance and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more of portions of this Zoning Ordinance be declared invalid, unconstitutional or unenforceable.

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-12.010

Interpretation of Zoning Ordinance

Section:

16-12.010 - Purpose 16-12.020 - Authority and Procedures for Interpretation 16-12.030 - Rules of Interpretation

The purpose of Section 16-12 is to provide rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of Section 16-12 are intended to ensure the consistent interpretation and application of the requirements of this Zoning Ordinance.

The Director is assigned the authority to interpret any provision of this Zoning Ordinance, including the Zoning Map and the Planned Development Map. Whenever the Director determines that the meaning or applicability of any Zoning Ordinance requirement is subject to interpretation, the Director may issue an official interpretation. The Director’s official interpretation may be appealed to the Council. The Director may also refer any issue of interpretation to the Commission for its determination at a public meeting and the Commission decision may be appealed to the Council.

For the purposes of this Zoning Ordinance, certain grammatical forms used herein are construed as follows, unless the context of a particular provision clearly requires a different construction.

• A. Language .

  1. Mandatory and permissive. When used in this Zoning Ordinance, the words “shall,” “must,” “will,” “is to,” and “are to” denote mandatory provisions. “Should” is not mandatory but is strongly recommended; and “may” denotes permissive provisions.

  2. Tense. The present tense includes the past and future tenses; and the future tense includes the present.

  3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

  4. Include. The words “includes” and “including” shall mean “including but not limited to . . .”

  5. Gender. The masculine gender includes the feminine and the neuter.

Article I - Land Use Code Applicability

Public Review Draft – 4/09

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-12.030

Interpretation of Zoning Ordinance

6. General Plan. “General Plan” rather than “Town of Tiburon General Plan,” after Town of Tiburon General Plan is first used in the first Article.

7. Deny. The word “deny” shall be used rather than “disapprove.”

8. Compliance. “In compliance with . . .” shall be used, rather than “pursuant to,” “in accordance with,” “under,” etc.

9. Review Authority. Review Authority means the Board; Commission; Council; Director; or designee acting on a Zoning Permit application.

10. Town . Town shall be used rather than “Town of Tiburon”.

11. Municipal Code. Municipal Code shall be used rather than “Tiburon Municipal Code.”

12. Zone. Zone shall be used rather than “zoning district,” or “zone district.”

• B. Internal cross-references. When a provision of this Zoning Ordinance refers to a requirement elsewhere, the subject of the cross-reference is assumed to be another Section, or Subsection of this Zoning Ordinance, or another provision within the same Section, unless the title of another document is provided. For example:

  1. “See Section 16-90.020” means “See Section 16-90.020 of this Zoning Ordinance.”

     • “. . . in compliance with Subsection D.2,” means “. . . in compliance with Subsection D.2 of this Section”; and

  2. “See Article II” means “See Article II of this Zoning Ordinance.”

• C. State law requirements. Where this Zoning Ordinance references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

• D. Number of days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a weekend, a Town-observed holiday, or a day upon which Town Hall is closed to public business.

• E. Minimum requirements. When the regulations of this Zoning Ordinance are being interpreted and applied, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements are identified as maximums, not minimums).

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-12.030

Interpretation of Zoning Ordinance

• F. Calculations - Rounding. Where provisions of this Zoning Ordinance require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.

  1. Residential density. When the number of housing units allowed on a site are calculated based on density limits established by a zone, any fraction of a unit of 0.9 or greater shall be counted as a whole unit; any fraction of a unit less than 0.9 shall be rounded down to the next lowest whole number.

Floor Area Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zone, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum FAR of 0.35 applied to a lot of 7,456 square feet results in a maximum allowable floor area of 2,610 square feet (7,456 x .035 = 2,609.6, rounded up to 2,610).

3. All other calculations. Unless otherwise specified, for all calculations required by this Zoning Ordinance other than those described in Subsections F.1 and F.2 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-14.010

Zoning Map

Section:

16-14.010 - Purpose 16-14.020 - Zoning Map and Zones

The purpose of Section 16-14 is to establish the zones applied to property within the Town and adopt the Town’s Zoning Map and Planned Development Map.

The Council hereby adopts the Town of Tiburon Zoning Map (hereafter referred to as the “Zoning Map”) and “Planned Development Map”, which are on file with the Department. The Zoning Map and Planned Development Map are hereby incorporated into this Zoning Ordinance by reference as though they were fully included here. The zones referred to herein and the boundaries of such zones shall be shown upon the Zoning Map.

A. Zones established. The Town shall be divided into zones that implement the General Plan. The zones shown in Table 1-1 are hereby established, and shall be shown on the Zoning Map.

TABLE 1-1 ZONES

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE

16-14.020

Zoning Map

• B. Zoning Map and Planned Development Map changes . If, in compliance with the provisions herein, changes are made in zone boundaries or other matter portrayed on the Zoning Map or Planned Development Map, such changes shall be made on the map or maps promptly after the amendment has been approved by the Council, together with an entry on the map or maps indicating the authority for such change and the date when such change became effective.

C. Interpretation of zone boundaries.

1. At all points on the Zoning Map where a zone is defined as being bounded by or running to a public street or highway, it shall be construed as being bounded by and running to the center of such street or highway. In like manner, the Zoning Map shall in all cases be construed as bounding each zone by the centerline of each street or highway upon which it shall abut, notwithstanding the fact that the demarcation of such zone shall be shown on the map as the sideline of such street. It is declared to be the intent and purpose of this Section to bound all zones by the centerline of the streets and highways upon which they abut, whether or not conveyances of abutting lands shall have gone to the centerlines of such streets or highways as provided in Section 1112 of the Civil Code.

If uncertainty exists in any boundary indicated on the Zoning Map or the Planned Development Map, the Director shall determine the location of such boundary pursuant to provisions of Subsection 16-12.020 (Authority for Interpretation).

3. Zone boundaries shall extend vertically upward and downward from the ground surface.

4. If there is uncertainty about the location of any zone boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

   • a. Where zone boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the zone boundaries;

   • b. If a zone boundary divides a lot and the boundary line location is not specified by distances printed on the Zoning Map, the location of the boundary will be determined by using the scale appearing on the Zoning Map;

   • c. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street or alley; and

   • d. Any property not clearly designated on the Zoning Map in any of the zones established by Article II (Zones and Allowable land Uses) shall hereby be designated as being in the RPD (Residential Planned Development) zone (Section 16-21.020.F.1 [RPD (Residential Planned Development) zone]).

Article I - Land Use Code Applicability

Effective 4-16-2010

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TOWN OF TIBURON MUNICIPAL CODE – TITLE IV, CHAPTER 16, ZONING ORDINANCE