Article II — II Zones and Allowable Land Uses

16-20 REQUIREMENTS FOR APPROVAL OF DEVELOPMENT AND NEW LAND USES ........................................................................................................II-3 16-20.010 - Purpose...........................................................................................................II-3 16-20.020 - General Requirements for Development and New Land Uses ......................II-3 16-20.030 - Allowable Land Uses and Zoning Permit Requirements ...............................II-4 16-20.040 - Exemptions from Zoning Permit Requirements.............................................II-6 16-20.050 - Conflicting Requirements ..............................................................................II-7 16-21 RESIDENTIAL ZONES ......................................................................................II-8 16-21.010 - Purpose...........................................................................................................II-8 16-21.020 - Purposes of the Residential Zones .................................................................II-8 16-21.030 - Residential Zones Allowable Land Uses and Permit Requirements............II-10 16-21.040 - Residential Zones Development Standards..................................................II-13 16-22 COMMERCIAL ZONES...................................................................................II-15 16-22.010 - Purpose.........................................................................................................II-15 16-22.020 - Purposes of the Commercial Zones..............................................................II-15 16-22.030 - Commercial Zones Allowable Land Uses and Permit Requirements ..........II-15 16-22.040 - Commercial Zones General Development Standards ..................................II-17 16-23 OVERLAY ZONES............................................................................................II-19 16-23.010 - Purpose.........................................................................................................II-19 16-23.020 - Purposes of the Overlay Zones ....................................................................II-19 16-23.030 - Affordable Housing Overlay Zones Allowable Land Uses and Permit Requirements ...............................................................................................II-20 16-23.040 - Affordable Housing Overlay Zones General Development Standards ........II-22 16-23.050 - Affordable Housing Overlay Zones Development Incentives .....................II-22 16-23.060 - Historic Protection Overlay Zone Allowable and Uses and General Development Standards ...............................................................................II-24 16-24 OFFICE ZONE...................................................................................................II-26 16-24.010 - Purpose.........................................................................................................II-26 16-24.020 - Purpose of the Office Zone ..........................................................................II-26 16-24.030 - Office Zone Allowable Land Uses and Permit Requirements .....................II-26 16-24.040 - Office Zone General Development Standards .............................................II-27 16-25 MARINE ZONE .................................................................................................II-28 16-25.010 - Purpose.........................................................................................................II-28

Requirements .....................II-26 16-24.040 - Office Zone General Development Standards .............................................II-27 16-25 MARINE ZONE .................................................................................................II-28 16-25.010 - Purpose.........................................................................................................II-28

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

16-25.020 - Purpose of the Marine Zone.........................................................................II-28 16-25.030 - Marine Zone Allowable Land Uses and Permit Requirements....................II-28 16-26 PUBLIC/QUASI-PUBLIC ZONE.....................................................................II-29 16-26.010 - Purpose.........................................................................................................II-29 16-26.020 - Purpose of the Public/Quasi-Public Zone ....................................................II-29 16-26.030 - Public/Quasi-Public Zone Allowable Land Uses and Permit Requirements....................................................................................II-29 16-26.040 - Public/Quasi-Public Zone General Development Standards........................II-30 16-27 OPEN SPACE ZONE.........................................................................................II-31 16-27.010 - Purpose.........................................................................................................II-31 16-27.020 - Purpose of the Open Space Zone .................................................................II-31 16-27.030 - Open Space Zone Allowable Land Uses and Permit Requirements ............II-31 16-27.040 - Open Space Zone General Development Standards ....................................II-32 16-28 PARKS AND RECREATION ZONE...............................................................II-33 16-28.010 - Purpose.........................................................................................................II-33 16-28.020 - Purpose of the and Parks and Recreation Zone ............................................II-33 16-28.030 - Parks and Recreation Zone Allowable Land Uses and Permit Requirements....................................................................................II-33 16-28.040 - Parks and Recreation Zone General Development Standards......................II-34

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

16-20.010

Requirements for Approval of Development and New Land Uses

Sections:

16-20.010 - Purpose 16-20.020 - General Requirements for Development and New Land Uses 16-20.030 - Allowable Land Uses and Zoning Permit Requirements

16-20.040 - Exemptions from Zoning Permit Requirements 16-20.050 - Conflicting Requirements

The provisions of Article II establish the zones applied to property within the Town, determine how the zones are applied on the official zoning maps, and provide general permit requirements for development and new land uses.

Each land use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

• A. Allowable use. The land use must be allowed by this Zoning Ordinance in the zone applied to the site. The basis for determining whether a use is allowable is described in Section 16-20.030 (Allowable Land Uses and Zoning Permit Requirements).

• B. Limitation of uses. The use of lands and structures in each zone is limited to the uses listed in the zone regulations for that particular zone as allowed by right or by approval of a conditional use permit, and to the similar or accessory uses which, in the determination of the Director pursuant to Section 16-20.030, are similar to that listed in each zone.

• C. Permit and approval requirements. Any Zoning Permit or other approval required by 16-20.030 (Allowable Land Uses and Zoning Permit Requirements) shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 16-20.040 (Exemptions from Zoning Permit Requirements).

• D. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Article, the provisions of Article III (General Development Standards and Parking), and any applicable conditions imposed by a previously granted Zoning Permit.

• E. Legal lot. The site of a proposed development or new land use shall be a lot that was legally created in compliance with the Subdivision Map Act and/or the Town’s Subdivision Ordinances.

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

16-20.030

Requirements for Approval of Development and New Land Uses

• A. Allowable land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in Section 16-21, Table 2-1; Section 16-21.030; Section 16-22.030; Section 1623.030; Section 16-24.030; Section 16-25.030; Section 16-26.030; Section 16-27.030; and Section 16-28.030 together with the type of Zoning Permit required. Specific land uses are defined in Article X (Definitions).

1. Establishment of an allowable use.

• a. Any one or more land uses identified by the sections listed under Subsection A as being allowable within a specific zone may be established on any lot within that zone, subject to the Zoning Permit requirements of Subsection B below and compliance with all applicable requirements of this Zoning Ordinance.

• b. Where a single lot is proposed for development with two or more of the land uses listed in sections identified in Subsection A. above, the overall project shall be subject to the permit requirements established by Subsection B for any individual use.

Use not listed.

• a. A land use that is not listed in the sections identified in Subsection A, and is determined by the Director to not be included in Article X (Definitions) under the definition of a listed land use, is not allowed within the Town, except as otherwise provided by Subsection A.3, or Section 16-20.040 (Exemptions from Zoning Permit Requirements).

• b. A land use that is not listed in the sections identified in Subsection A within a particular zone is not allowed within that zone, except as otherwise provided in Subsection A.3, or Section 16-20.040 (Exemptions from Zoning Permit Requirements).

3. Similar and compatible use may be allowed. The Director may determine that a proposed use not listed in this Article is allowable as follows:

• a. Required findings. The Director may determine that a proposed use is similar to and compatible with a listed use and may be allowed only after first making all of the following findings:

  • (1) The characteristics of, and activities associated with, the use are similar to one or more of the listed uses and will not involve a greater intensity than the uses listed in the applicable zone;

  • (2) The use will be consistent with the purposes of the applicable zone;

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16-20.030

Requirements for Approval of Development and New Land Uses

• (3) The use will be consistent with the General Plan and any applicable specific plan, precise development plan or equivalent permit;

• (4) The use will be compatible with the other uses allowed in the zone; and

• (5) The use is not listed as allowable in another zone.

A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.

• b. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is similar to a listed use when applying the Zoning Ordinance, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Ordinance apply.

  - **c. Referral for determination.** The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting. 
  
  - **d. Appeal.** A determination of additional uses, similar or accessory to those allowed, may be may be appealed in compliance with 16.66 (Appeals). 
  

• B. Permit requirements. Section 16-21, Table 2-1; Section 16-21.030; Section 16-22.030; Section 16-23.030; Section 16-24.030; Section 16-25.030; Section 16-26.030; Section 1627.030; and Section 16-28.030 provide for land uses that are:

  1. Allowed subject to compliance with all applicable provisions of this Zoning Ordinance, including Site Plan and Architectural Review, where required, and subject to first obtaining any building permit or other permit required by the Municipal Code;

Allowed subject to the approval of a Conditional Use Permit (Section 16-52.040);

3. Not allowed in particular zones.

A land use authorized through the approval of a Conditional Use Permit may also require Site Plan and Architectural Review approval (16.52.020), a building permit, or other permit required by the Municipal Code. Uses listed as allowed by a Conditional Use Permit, as determined by the Director or Commission as conforming to the purposes of such zone, are not permitted in such zone unless a Conditional Use Permit has been granted.

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

16-20.040

Requirements for Approval of Development and New Land Uses

The Zoning Permit requirements of this Zoning Ordinance do not apply to the land uses, structures, and activities identified by this Section. These are allowed in all zones subject to compliance with this Section.

Exempt activities and land uses. The following are exempt from the Zoning Permit requirements of Section 16-21, Table 2-1; Section 16-21.030; Section 16-22.030; Section 16-23.030; Section 1624.030; Section 16-25.030; Section 16-26.030; Section 16-27.030; and Section 16-28.030. The following are also exempt from Site Plan and Architectural Review in compliance with Section 1652.020 (Site Plan and Architectural Review), unless otherwise noted.

1. Decks and platforms less than 3 feet above grade; paths. Decks and platforms and their associated components that do not constitute a “structure” as defined herein; paths that do not require a building or grading permit.

Fences and walls three and one-half feet (42 inches) or less in height. See Section 16-30.040 (Fences and Walls).

3. Interior remodeling. Interior alterations that do not increase the gross floor area of the structure, change the permitted use of the structure, or result in any physical exterior alterations to the structure.

4. Repairs and maintenance.

• a. Single-family and two-family dwellings. Ordinary repairs to, and maintenance of single-family dwellings, provided that the work does not change the approved land use or structure or result in the loss of any dwelling unit.

• b. Multi-family dwellings, and non-residential structures. Ordinary repairs to, and maintenance of multi-unit residential and non-residential structures, if:

  • (1) The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure;

  • (2) Any exterior repairs employ the same design, materials, and color as the original construction; and

  • (3) The work does not result in the loss of any dwelling unit.

5. Solar energy systems. Per the requirements of State law, the addition of solar energy systems provided that the collectors comply with applicable height limit requirements.

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

16-20.050

Requirements for Approval of Development and New Land Uses

6. Minor Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of minor utility lines intended to service existing or nearby approved developments shall be permitted in any zone. Minor utility lines include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission and distribution lines and structures. See Section 16-30.110 (Public Utility Lines) for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to the provisions of Section 16-42 (Wireless Communication Facilities). Site Plan and Architectural Review is required for satellite dishes greater than one (1) meter in diameter and for the placement, replacement or modification of utility distribution poles and facilities, including, without limitation, lines, wires and boxes.

• A. Other Municipal Code provisions. If conflicts occur between requirements of this Zoning Ordinance, or between this Zoning Ordinance and a Precise Development Plan or other regulations of the Town where a discretionary permit is applicable, the most restrictive provision shall apply.

• B. Private agreements. This Zoning Ordinance is not intended to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. It is not the intent of this Zoning Ordinance to implement private land use standards, such as may be set forth in Covenants, Conditions and Restrictions (CC&Rs), which are generally administered and enforced outside the Town’s regulatory authority, unless otherwise specifically set forth in the CC&Rs or other private land use document.

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

16-21.010

Residential Zones

Sections:

16-21.010 - Purpose

16-21.020 - Purposes of the Residential Zones

16-21.030 - Residential Zones Allowable Land Uses and Permit Requirements

16-21.040 - Residential Zones Development Standards

The purpose of Section 16-21 is to establish the land uses that may be allowed within the residential zones established by Section 16-14.020 (Zoning Map and Zones), determine the types of Zoning Permit (if any) required for each use, and provide standards for site layout and building size.

The purpose of each Residential Zone is as follows.

• A. R-1 (Single-Family Residential) Zone. The R-1 zone is intended to promote and encourage the maintenance of a suitable environment for suburban family living on smaller single-family residential lots in older developed areas of the town. The R-1 zone conforms with General Plan land use designation Medium High Density (MH).

• B. R-1-B Zones. The R-1-B zones are comprised of properties formerly located in unincorporated Marin County that were annexed to the Town after incorporation in 1964. These properties were generally developed under County of Marin zoning districts with setbacks that do not correspond to other single-family residential zones in the Town. The R-1-B zones conform with General Plan land use designation Medium High Density (MH). R-1-B zones have modified setbacks in order to reduce the creation of nonconforming structures that would otherwise result from annexation of properties that were generally developed with different setback requirements.

  1. R-1-B-A (Bel Aire Single-Family Residential) Zone. The R-1-B-A zone serves the same purpose as the R-1 zone but is intended to reflect the different front and side yard setbacks historically found in the Bel Aire Estates neighborhood. The principal uses, conditional uses, and development standards for the R-1-B-A zone shall be the same as the R-1 zone with the exception of the front and side yard setbacks established in Section 16-21.040 (Residential Zones Development Standards).

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

16-21.020

Residential Zones

2. R-1-B-2 (Modified Single-Family Residential) Zone. The R-1-B-2 zone serves the same purpose as the R-1 zone but is intended to reflect the different front and side yard setbacks with which the properties were developed. The principal uses, conditional uses, and the development standards for the R-1-B-2 zone shall be the same as the R-1 zone with the exception of the front and side yard setbacks established in Section 16-21.040 (Residential Zones Development Standards).

• C. RO (Residential Open) Zone. The RO zone is intended to promote and encourage the maintenance of a suitable environment for low-density, single-family development on lots larger than those typically found in the R-1 zone. There are two RO zones, RO-1 and RO-2, each having its own development standards. The permitted and conditional uses are the same for both zones. The RO-1 zone conforms with General Plan land use designation Medium Low Density (ML). The RO-2 zone conforms with General Plan land use designation Medium Density (M).

• D. R-2 (Two-Family Residential) Zone. The R-2 zone is intended to promote and encourage the establishment and maintenance of a suitable environment for suburban family living in areas appropriate by location and character for single-family and twofamily dwellings. The R-2 zone conforms with General Plan land use designation High Density (H).

• E. R-3 (Multifamily Residential) Zone. The R-3 zone is intended to promote and encourage the establishment and maintenance of a suitable environment for residence in areas appropriate by location and character for multifamily dwellings. The R-3 zone conforms with General Plan land use designation Very High Density (VH).

• F. Planned Residential Development Zones. There are numerous planned developments where applicable zoning regulations have been previously established by adoption of master plans, precise plans, precise development plans, Conditional Use Permits, or similar Zoning Permits. These planned developments are depicted on the map entitled “Planned Development Map,” incorporated as Section 16-14.020 (Zoning Map and Zones). A current list of the applicable ordinances and/or resolutions governing the planned developments is on file at the Tiburon Community Development Department.

  1. RPD (Residential Planned Development) Zone. The RPD zone is intended to protect and preserve open space land as a limited and valuable resource without depriving owners of a reasonable use of their property for residential purposes. The regulations of the zone are designed to insure, to the extent feasible, the conservation of natural resources and the retention of land in its natural or near natural state in order to, among other things, assist in the containment of urban sprawl and protect the community from the hazards of fire, flood, seismic and other catastrophic activity, and to otherwise implement the goals and policies of the General Plan. The RPD zone conforms with General Plan land use designation Low Density (L) and PD-R Planned Development Residential (PDR).

RMP (Residential Multiple Planned) Zone. The RMP zone has the same purposes and shall be governed by the same regulations as the RPD zone (Subsection 1. above) except as otherwise provided herein. The RMP zone

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

16-21.030

Residential Zones

conforms with General Plan land use designation Very High Density (VH) and Very High Density/Affordable Housing Overlay (VH/AHO).

• A. General permit requirements. Table 2-1 identifies the uses allowed by this Zoning Ordinance in each residential zone, and the Zoning Permit required to establish each use, in compliance with Section 16-20.030 (Allowable Land Uses and Zoning Permit Requirements). Permitted uses are shown as "P" uses in Table 2-1.

• B. Permit requirements for certain specific land uses. Where the last column in Table 2- 1 ("Specific Use Regulations") includes a section number, the referenced section determines whether the use requires a Conditional Use Permit. The referenced section may also refer to other requirements and standards applicable to the use.

• C. Additional uses. Additional specific uses which are, in the determination of the Director, similar or accessory to those uses listed in Table 2-1 shall be permitted only when a Conditional Use Permit is granted therefore as provided in Section 16-52.040 (Conditional Use Permit) and shown as "U" uses in Table 2-1.

D. Improvement requirements.

1. R-2 zone. Conversion of existing two-family or multi-family dwellings in the R- 2 zone into single-family dwellings or buildings containing fewer dwelling units shall be subject to approval of a Conditional Use Permit as provided in Section 16-52.040 (Conditional Use Permit).

• R-3 zone. All improvements proposed for the R-3 zone other than alterations, additions or other changes to existing structures are subject to approval of a Conditional Use Permit as provided in Section 16-52.040 (Conditional Use Permit).

3. RPD and RMP zones. Approval of a Precise Development Plan in compliance with the provisions of Section 16-52.060 (Precise Development Plan) is required prior to subdivision, grading, or improvements of any kind in the RPD and RMP zones.

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

16-21.030

Residential Zones

(1) See Article X (Definitions) for land use definitions.

(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance.

(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.

(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.

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

16-21.030

Residential Zones

(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of the license issued under horse license ordinance.

(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.

(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62.

(5) When located in a single-family dwelling.

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

16-21.040

Residential Zones

• A. Development Standards. Each subdivision shall comply with the minimum lot size requirements in Table 2-2. Subdividers are advised that 16.40 (Standards for Specific Land Uses) may require a specific land use to be on a lot larger than required by this Section. Larger lots may be required based on slope restriction, refer to Table 14-7.3 in Municipal Code Chapter 14 (Subdivision of Land) for calculations of minimum lot size based on slope.

TABLE 2-2

RESIDENTIAL ZONES DEVELOPMENT STANDARDS

B. Open space standards.

1. R-2 zone usable open space. Minimum required usable open space per dwelling unit in the R-2 zone is three hundred seventy five square (375) feet with a minimum dimension of not less than twelve feet.

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

16-21.040

Residential Zones

2. R-3 zone usable open space. Minimum required usable open space per dwelling unit in the R-3 zone is as set forth below, with a minimum dimension of not less than twelve feet:

• a. Per efficiency or studio apartment: one hundred fifty square feet;

• b. Per one bedroom apartment: two hundred square feet;

• c. Per two-bedroom apartment: two hundred fifty square feet;

• d. Per three or more bedroom apartment: three hundred square feet.

C. Density standards.

1. Undeveloped land. Maximum residential densities for undeveloped land in the RPD and RMP zones shall be as established on the zoning map, and shall in no case exceed the density established in the General Plan.

RPD zone developed land. Maximum residential densities for developed land in the RPD zone shall be as established by the adopted master/precise plan, precise development plan, or equivalent zoning permit for the development, as finalized by the recorded subdivision map(s) for the development. Planned developments with recorded subdivision maps are considered to be fully subdivided and are not subject to further subdivision and shall not exceed allowable general plan density limits.

3. RMP zone developed land. Maximum residential densities for developed land in the RMP zone shall be as established by the adopted master and/or precise plans, precise development plans, or condominium plan for the development, as finalized by the recorded subdivision map, or condominium plan, for the development. Planned developments with recorded subdivision maps and/or condominium plans are considered to be fully subdivided and are not subject to further subdivision, and shall not exceed allowable general plan density limits. See Subsection 16-23.050.A (RMP/AHO Zone) for RMP affordable housing overlay development incentives.

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

16-22.010

Commercial Zone

Sections:

16-22.010 - Purpose

16-22.020 - Purposes of the Commercial Zones

16-22.030 - Commercial Zones Allowable Land Uses and Permit Requirements

16-22.040 - Commercial Zones General Development Standards

The purpose of Section 16-22 is to establish the land uses that may be allowed within the commercial zones established by Section 16-14.020 (Zoning Map and Zones), determine the types of Zoning Permit (if any) required for each use, and provide standards for site layout and building size.

The purpose of each commercial zone is as follows.

• A. NC (Neighborhood Commercial) Zone. The NC zone is intended to primarily provide for resident-serving commercial and office uses, while allowing incidental residential uses and mixed-use commercial/residential projects in accordance with the General Plan. Predominantly tourism-oriented uses (i.e., souvenir shops) are strongly discouraged in this zone, and street-fronting ground floor office use restrictions apply to portions of the NC zone.

• B. VC (Village Commercial) Zone. The VC zone has the same permitted uses and conditional uses as those set forth in the NC zone, except souvenir shops are allowed. Street-fronting ground floor office use restrictions apply to portions of the VC zone (See Subsection 16-22.030.B).

• A. NC Zone.

1. Permitted Uses in the NC Zone

• a. Use-for-use changes (e.g., restaurant to restaurant) or minor structural alterations when no intensification of use, as determined by the Director, is proposed; except as set forth in Subsection A.1.e below. Intensification of use shall be measured in terms of parking requirements, number of employees at maximum shift, total floor area occupied, vehicular trip generation, or other factors within the reasonable discretion of the Director.

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

16-22.030

Commercial Zone

• b. Lawfully existing uses established prior to December 26, 1990 shall be permitted to operate under the authority and limitations of applicable Zoning Permits.

• c. The Point Tiburon Plaza commercial area shall continue to be regulated by provisions of the Point Tiburon Precise Plan and Master Conditional Use Permit. Conditional Use Permits for new uses in the Point Tiburon commercial area may be issued in accordance with provisions herein provided that such approvals are consistent with the Point Tiburon Precise Plan and Master Use Permit.

• d. Drive-through restaurants, and restaurants that primarily offer fast-food and/or take-out service, are discouraged.

• e. Tiburon Boulevard-fronting ground floor office uses shall not be permitted in newly-constructed or redeveloped buildings located along “Upper Tiburon Boulevard”, as that area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4-1, without the granting of a Conditional Use Permit in compliance with Section 16-52.040 (Conditional Use Permits) and an exception in compliance with Subsection 16-22.040.B.1 (Exception for street-fronting ground floor office use in the NC zone).

• f. Emergency shelters in compliance with Section 65582 of the California Government Code (see Section 16-40-060 [Emergency shelters]).

2. Conditional Uses Permitted in the NC Zone. The following uses shall be permitted only when a Conditional Use Permit is granted, as provided in Section 16-52.040 (Conditional Use Permit). Additional uses, similar or accessory to those listed below, may be conditionally permitted by resolution of the Commission.

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

16-22.040

Commercial Zone

Hobby stores Stationary stores Hotels and motels Tailor and dressmaking shops Household appliance stores Theaters and playhouses Interior decorating shops Toy stores Jewelry stores Travel bureaus Leather goods and luggage shops Upholstery shops Liquor or drug stores Watch and clock repair shops Locksmiths Wireless communication facility, radio, Meeting hall microwave, and TV transmitter and Mortuary broadcasting station, including amateur Music stores and professional Newspaper publishing

• B. VC Zone. The VC zone has the same land and structure regulations as those set forth in the NC zone (See Subsection A. above), except as following:

  1. Souvenir shops are allowed in the VC zone.

Street-fronting ground floor office uses shall not be permitted on Main Street, covering street addresses 1 through 100 Main Street inclusive. See Subsection 1622.040.B.2 (Exception for street-fronting ground floor office use in the VC zone).

• A. General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3 in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (General Development Standards and Parking). The goals and principles of the Downtown Tiburon Design Handbook shall be consulted in the review of substantive improvements for properties in Downtown Tiburon.

TABLE 2-3

COMMERCIAL ZONE DEVELOPMENT STANDARDS

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16-22.040

Commercial Zone

B. Exceptions.

1. Exception for street-fronting ground floor office use in the NC zone. An exception may be granted to allow street-fronting ground floor office use otherwise prohibited by Section 16-22.030 (Commercial Zones Allowable Land Uses and Permit Requirements), provided that the Review Authority finds that the applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location.

2. Exception for street-fronting ground floor office use in the VC zone. An exception may be granted to allow street-fronting ground floor office use otherwise prohibited by Section 16-22.030 (Commercial Zones Allowable Land Uses and Permit Requirements), provided that a Conditional Use Permit is secured and one or more of the following findings is made by the Review Authority:

  - a. The space proposed for the office use is not physically suitable for retail, restaurant, or personal service use. 

  - b. The applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location. 

• C. Minor Floor Area Additions. Minor floor area additions to properties exceeding FAR limits may be approved without the need for a General Plan or Zoning Ordinance amendment. Minor floor area additions are those that do not materially increase parking demand (as defined in Section 16-32 [Parking and Loading Standards]) or traffic generation. A finding must be made by the Review Authority that there will be no material adverse effects from the granting of the minor floor area addition.

may be approved without the need for a General Plan or Zoning Ordinance amendment. Minor floor area additions are those that do not materially increase parking demand (as defined in Section 16-32 [Parking and Loading Standards]) or traffic generation. A finding must be made by the Review Authority that there will be no material adverse effects from the granting of the minor floor area addition.

• D. Approval of a Conditional Use Permit. Approval of a Conditional Use Permit in compliance with the provisions of Section 16-52.040 (Conditional Use Permit) is required prior to:

  1. New construction or subdivision of land;

  2. Additions to existing structures;

  3. Reconstruction of existing structures; and/or

  • 4 Grading of undeveloped or cleared land.

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

16-23.010

Overlay Zones

Sections:

• 16-23.010 - Purpose

• 16-23.020 - Purposes of the Overlay Zones

• 16-23.030 - Affordable Housing Overlay Zones Allowable Land Uses and Permit Requirements

• 16-23.040 - Affordable Housing Overlay Zones General Development Standards

• 16-23.050 - Affordable Housing Overlay Zones Development Incentives

• 16-23.060 - Historic Protection Overlay Zone Allowable Land Uses and General Development Standards

The purpose of Section 16-23 is to establish the land uses that may be allowed within the overlay zones established by Section 16-14.020 (Zoning Map and Zones), and determine the types of Zoning Permit (if any) required for each use .

The purpose of each overlay zone is as follows.

• A. F (Flood Hazard Overlay) Zone. The purpose of the F zone is to limit and protect construction of structures in areas that are liable to flooding, in compliance with Federal Flood Insurance Programs.

  1. Construction in identified F zones shall be regulated by provisions of Municipal Code Chapter 13D (Flood Damage Prevention). F overlay zones shall correspond to those areas defined as special flood hazard areas in Municipal Code Chapter 13D.

Municipal Code Chapter 13D designates the Town Engineer as the floodplain administrator of the Town.

3. Special flood hazard areas are depicted on Flood Insurance Rate Maps of the National Flood Insurance Program, effective May 4, 2009, or the most current successors thereto, and are incorporated and made a part herein. Refer to current flood insurance rate maps and utilize North American Vertical Datum (1988) for elevation data.

• B. RMP/AHO (Residential Multiple Planned/Affordable Housing Overlay) Zone. The purpose of the RMP/AHO zone is to encourage and direct, through the provision of town development incentives, the construction of projects containing substantial numbers of affordable housing units on those sites identified in the Tiburon General Plan Housing Element as affordable housing opportunity sites. Potential applicants are strongly advised

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Overlay Zones

to meet with Town Staff in advance of project design to discuss any potential project.

• C. NC/AHO (Neighborhood Commercial/Affordable Housing Overlay) Zone. The purpose of the NC/AHO zone is to encourage and direct, through the provision of a Town density bonus and other development incentives, the construction of well-designed, mixeduse residential/nonresidential projects, containing substantial numbers of affordable housing units, on those commercial sites identified in the Tiburon General Plan Housing Element as affordable housing opportunity sites. Potential applicants are strongly advised to meet with Town Staff in advance of project design to discuss any potential project.

• D. HPO (Historic Protection Overlay) Zone. The purpose of the HPO zone is to protect, maintain and enhance historic structures in the downtown area that are included in the Town’s Local Historic Inventory of Buildings Located in Downtown Tiburon (“Inventory”), as adopted by resolution of the Town Council and amended from time to time. The HPO zone is intended to:

  1. Safeguard the Town’s heritage as embodied and reflected in the buildings listed in the Inventory;

  2. Encourage public knowledge, understanding and appreciation of the Town’s past;

  3. Encourage the preservation of diverse and harmonious architectural styles and design preferences reflecting phases of the Town’s history in its Downtown area;

  4. Foster community pride and a sense of identity based upon the recognition and use of historic buildings;

5. Promote enjoyment and use of historic buildings;

   6. Protect and enhance the Town’s historical attraction to visitors; and

   7. Identify and resolve conflicts between the preservation of historical resources and alternative land uses.

Inclusion of the buildings within the Inventory in the HPO acknowledges the protection of historic resources as provided by the California Environmental Quality Act and allows application of the California State Historic Building Code to the buildings included therein.

A. RMP/AHO Zone.

1. Permitted Uses in the RMP/AHO Zone

• a. Multifamily dwellings;

• b. Two-family dwellings;

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• c. Single-family dwellings;

B. NC/AHO Zone.

1. Permitted Uses in the NC/AHO Zone

  - a. Multifamily dwellings; 

  - b. Two-family dwellings; 

2. Nothing in this Section shall be deemed to prohibit or not allow the uses permitted in the underlying neighborhood commercial (NC) zone.

• C. Conditional Uses Permitted. No Conditional Use Permit shall be required for the qualifying affordable residential components.

• D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following:

  - a. Include a minimum of twenty percent very low-income, twenty percent low-income, and twenty percent moderate-income housing units, as defined in Section 16-70.030 (General Inclusionary Requirements). 
  
     - i. Units not meeting the definition of an affordable unit, as defined in Article X (Definitions), shall not exceed forty percent of the total number of units. 
  
     - ii. Moderate-income rental units shall not be counted as affordable units in the above calculations. 
  
  - b. Ensure that affordable units are deed-restricted for a period of not less than fifty-five years, and in perpetuity if possible, to ensure affordable resale and rents. 
  
  - c. Provide a percentage of units for special needs populations in compliance with Section 16-70.030 (General Inclusionary Requirements) 
  

• E. Application. Sections 16-23.030 through 16-23.050 shall not apply if an applicant requests a state-mandated density bonus in compliance with Section 16-70.110 (State-mandated Density Bonus), with the exception of the RMP/AHO zone density (see Table 2-4), for which a base density of 15.3 units per acre shall be established for projects requesting a state-mandated density bonus.

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

16-23.040

Overlay Zones

General standards. Proposed development within the affordable housing overlay zones shall be designed and constructed in conformity with the development standards in Table 2-4 (Overlay Zones Development Standards). The goals and principles of the Downtown Tiburon Design Handbook shall be used in the review of improvements for all properties in Downtown Tiburon.

TABLE 2-4

OVERLAY ZONES DEVELOPMENT STANDARDS

• A. RMP/AHO Zone. The following development incentives are available to qualifying affordable residential developments in the RMP/AHO zone:

  1. Density/regulations. Higher density and relaxation and/or flexibility in the development standards in Section 16-23.040 (Affordable Housing Overlay Zones General Development Standards). Densities toward the top of the range may be appropriate where units are significantly smaller and would have fewer impacts than the market norm.

Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from nonaffordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to reduce costs of providing affordable units.

3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on-street parking.

4. Interior amenity. The interior amenity level of affordable units may be reduced within reason by the Review Authority to reduce costs of providing affordable units.

5. Fees. The Town shall waive or reduce certain Town application and development

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16-23.050

Overlay Zones

fees for the affordable units in a qualifying development.

6. Priority processing. The Town shall give qualifying projects the highest processing priority, and efforts will be made by Staff and decision-makers to:

  - a. Provide technical assistance to potential affordable housing developers in processing requirements, including participation in community involvement; 

  - b. Consider project funding and timing needs in the processing and review of the application; 

  - c. Provide the fastest turnaround time possible in determining application completeness. 

• B. NC/AHO Zone . In order to promote well-designed, affordable mixed-use residential/nonresidential projects in commercial zones, the following incentives are offered to facilitate mixed-use development on properties located in the NC/AHO zone:

  1. Density/regulations. Higher density and relaxation and/or flexibility in the development standards in Section 16-23.040 (Overlay Zone and General Development Standards). Densities toward the top of the range may be appropriate where units are significantly smaller and would have fewer impacts than the market norm.

Architectural design. Affordable units within a mixed affordable/market rate development shall be allowed to vary in design and square footage from nonaffordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the Review Authority to reduce costs of providing affordable units.

3. Parking standards. Parking standards shall be reduced within reason by the Review Authority depending on project characteristics and availability of on-street parking. In addition, parking shall be counted as shared between commercial and residential uses to the extent reasonable.

4. Interior amenity. The interior amenity level of affordable units may be reduced within reason by the Review Authority to reduce costs of providing affordable units.

5. Fees. The Town shall subsidize hook-up fees or other fees charged by special districts up to one hundred percent for affordable units. The Town shall waive or reduce certain town application and development fees for the affordable units in a qualifying development.

6. Priority processing. The Town shall give qualifying projects the highest processing priority, and efforts will be made by Staff and decision-makers to:

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16-23.050

Overlay Zones

• a. Provide technical assistance to potential affordable housing developers in processing requirements, including participation in community involvement;

• b. Consider project funding and timing needs in the processing and review of the application;

• c. Provide the fastest turnaround time possible in determining application completeness.

• A. Permitted Uses. Uses permitted in the HPO zone shall be the same as those permitted in the underlying neighborhood commercial (NC) and village commercial (VC) zones.

• B. General Standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3 (Commercial Zones Development Standards) in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article III (General Development Standards and Parking).

• C. Permits required and guiding principles. Any exterior alterations or modifications to an existing building in the HPO zone shall require approval by the Director of a Site Plan and Architectural Review application for Minor Alterations. In reviewing such applications for Site Plan and Architectural Review, the Director shall consider the following principles as they may apply:

  1. Any new use of an existing building in the HPO zone shall maximize the retention of materials, exterior design features and spaces related to the historic significance of the building and property outlined within the Local Historic Inventory of Buildings Located in Downtown Tiburon, as adopted by Town Council Resolution 07-2001, as may be amended from time to time (see Section 16-22-020[D]).

  2. The design of any construction, additions, repairs or replacement of a building in the HPO zone shall be in harmony with the general architectural, craftsmanship and historical characteristics of the building as outlined in the Inventory and shall reflect the guiding themes of consistency, compatibility and authenticity set forth in the Downtown Tiburon Design Handbook. This shall include windows, doors, trim, roof types, exterior building materials and colors.

  3. Repainting of existing structures shall not require a permit if the Director determines that the color conforms to the Benjamin Moore Historical Colors palette.

  4. Deteriorated historic features associated with buildings in the HPO zone shall be repaired rather than replaced where possible. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, material.

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Overlay Zones

Replacement of missing features shall be substantiated by evidence of previous existence at the time of submittal for building permit.

5. The goals, principles and recommendations of the Downtown Tiburon Design Handbook shall be considered in the review of applications involving properties in the HPO zone.

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

16-24.010

Office Zone

Sections:

16-24.010 - Purpose 16-24.020 - Purpose of the Office Zone

16-24.030 - Office Zone Allowable Land Uses and Permit Requirements

16-24.040 - Office Zone General Development Standards

The purpose of Section 16-24 is to establish the land uses that may be allowed within the Office zone established by Section 16-14.020 (Zoning Map and Zones), determines the types of Zoning Permit (if any) required for each use, and provides basic standards for site layout and building size.

The O (Office) zone is intended to provide for the establishment and maintenance of office facilities without any retail component in areas properly located in relation to residential and commercial facilities.

• A. Permitted Uses in the O Zone. Public or private office uses (not including medical and dental offices uses) and their related parking facilities when no intensification of use is proposed above and beyond existing use. Intensification of use shall be measured in terms of parking requirements, number of employees at maximum shift, and total floor area occupied.

• B. Conditional Uses Permitted in the O Zone. The following uses shall be permitted only when a Conditional Use Permit is granted therefor, as provided in Section 16-52.040 (Conditional Use Permit).

  • a. Nursery school, child day-care center, or preschool;

  • b. Colleges;

  • c. Parking structures or parking lots;

  • d. Wireless communication facility, radio, microwave, and TV transmitter and broadcasting station, including amateur and professional;

  • c. Real estate tract office.

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16-24.040

Office Zone

• A. General standards. Proposed development within the Office zone shall be designed and constructed in conformity with the Office Zone Development Standards in Table 2-5 (Office Zone Development Standards).

TABLE 2-5 OFFICE ZONE DEVELOPMENT STANDARDS

• B. Approval of a Conditional Use Permit. Approval of a Conditional Use Permit in compliance with the provisions of Section 16-52.040 (Conditional Use Permit) is required prior to:

  1. Establishment of uses listed in Section 16-24.030 (B);

New construction or subdivision of land;

3. Additions to existing structures;

4. Reconstruction of existing structures; and/or

5. Grading of undeveloped or cleared land.

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

16-25.010

Marine Zone

Sections:

16-25.010 - Purpose 16-25.020 - Purposes of the Marine Zone

16-25.030 - Marine Zone Allowable Land Uses and Permit Requirements

The purpose of Section 16-25 is to establish the land uses that may be allowed within the Marine zone established by Section 16-14.020 (Zoning Map and Zones) and determines the types of Zoning Permit (if any) required for each use.

The M (Marine) zone is intended to ensure the retention of certain water and shoreline areas by limiting use to certain restricted activities in conformance with the General Plan. This zone is intended to include all submerged land, and partially submerged land up to the mean high tide line on the property, utilizing North American Vertical Datum (1988) for elevation data, unless designated in a different zone on the zoning map.

• A. Permitted Uses in the M Zone.

  1. Floats or dolphins for private pleasure craft (see Article X [Definitions]);

Boating, swimming and fishing;

3. Parks when in conformance with the General Plan.

• B. Uses Permitted with a Tidelands Permit in the M Zone. The following uses shall be permitted only when a Tidelands Permit is granted therefore, as provided in Section 1652.080 (Tidelands Permit).

  1. Piers, docks boat lifts and similar facilities;

Berthing, mooring and landing facilities for boats, except that facilities for yacht and boat clubs, yacht and boat sales, maintenance, haul-outs and similar facilities shall not be allowed.

3. Decks, balconies and similar features extending off buildings.

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

16-26.010

Public/Quasi-Public Zone

Sections:

16-26.010 - Purpose

16-26.020 - Purpose of the Public/Quasi-Public Zone

16-26.030 - Public/Quasi-Public Zone Allowable Land Uses and Permit Requirements 16-26.040 - Public/Quasi-Public Zone General Development Standards

The purpose of Section 16-26 is to establish the land uses that may be allowed within the Public/Quasi-Public zone established by Section 16-14.020 (Zoning Map and Zones), determines the types of Zoning Permit (if any) required for each use, and provides basic standards for site layout and building size.

The P (Public/Quasi-Public) zone is intended to provide for public and quasi-public uses, and to recognize existing public and quasi-public uses and facilities that are expected to remain in a similar use in the foreseeable future. The permitted uses and conditional uses listed below are qualified by the existence of preemptions for certain uses as set forth in Section 53091 or successor section(s) of the California Government Code and by other preemptions contained in state or federal law.

• A. Permitted Uses in the P Zone. The following uses are allowed by right in the P zone.

  1. Parks and ancillary improvements thereto;

Open spaces and ancillary improvements thereto.

• B. Conditional Uses Permitted in the P Zone. The following uses shall be permitted only when a Conditional Use Permit is granted, as provided in Section 16-52.040 (Conditional Use Permit). Other uses which, in the opinion of the Director, are similar or accessory to uses listed above, may also be conditionally permitted.

  1. Buildings or facilities operated by public/nonprofit agencies;

Recreational buildings or facilities;

3. Utility buildings or facilities;

4. Governmental buildings or facilities;

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Public/Quasi-Public Zone

5. Wireless communication facility, radio, microwave, and TV transmitter and broadcasting station, including amateur and professional;

6. Additional specific uses that are, in the opinion of the Director, similar or accessory to those uses listed above.

• A. General standards. Proposed development within the public/quasi-public zone shall be designed and constructed in conformity with the Public Zone Development Standards in Table 2-6 (Public Zone Development Standards).

TABLE 2-6 PUBLIC ZONE DEVELOPMENT STANDARDS

• B. Approval of a Conditional Use Permit. Approval of a Conditional Use Permit in compliance with the provisions of Section 16-52.040 (Conditional Use Permit) is required prior to:

  1. Uses listed in Section 16-26.030 (B);

  2. New construction or subdivision of land;

  3. Additions to existing structures;

  4. Reconstruction of existing structures; and/or

  • 5 Grading of undeveloped or cleared land.

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

16-27.010

Open Space Zone

Sections:

16-27.010 - Purpose

16-27.020 - Purposes of the Open Space Zone

16-27.030 - Open Space Zone Allowable Land Uses and Permit Requirements 16-27.040 - Open Space Zone General Development Standards

The purpose of Section 16-27 is to establish the land uses that may be allowed within the Open Space zone established by Section 16-14.020 (Zoning Map and Zones), determines the types of Zoning Permit (if any) required for each use, and provides basic standards for site layout and building size.

The purpose of the OS (Open Space) zone is to preserve those lands within the Town set aside for permanent open space. While much of the open space land in Tiburon is publicly owned, a considerable portion is privately held with recorded use restrictions limiting the property to open space use.

• A. Permitted Uses in the OS Zone. Passive recreational and open space uses for public and private enjoyment such as hiking, picnicking, and other activities that support the preservation of the natural environment.

• B. Conditional Uses in the OS Zone . The uses listed below shall be permitted only when a Conditional Use Permit is granted, as provided in Section 16-52.040 (Conditional Use Permit).

  1. Improvement or installation of trails or other improvements intended to enhance the enjoyment of nature while minimizing impacts on the natural qualities of the land;

Other uses which, in the opinion of the Director, are similar or accessory to uses listed above.

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

16-27.040

Open Space Zone

There shall be no new structures allowed on open space lands. Existing structures may be maintained or reconstructed as provided in Section 16-62 (Nonconforming Uses, Structures, and Lots) when consistent with the General Plan.

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

16-28.010

Parks and Recreation Zone

Sections:

16-28.010 - Purpose

16-28.020 - Purposes of the Parks and Recreation Zone

16-28.030 - Parks and Recreation Zone Allowable Land Uses and Permit Requirements 16-28.040 - Parks and Recreation Zone General Development Standards

The purpose of Section 16-28 is to establish the land uses that may be allowed within the Parks and Recreation zone established by Section 16-14.020 (Zoning Map and Zones), determines the types of Zoning Permit (if any) required for each use, and provides basic standards for site layout and building size.

The purpose of the P&R (Parks and Recreation) zone is to recognize those lands within the Town used or intended for parks and recreational use. While most of the parks and recreational land in Tiburon is publicly owned, some portions are privately held with use restrictions limiting the property to parks and/or recreational use.

A. Permitted Uses in the P&R Zone.

1. Public parks and the activities and structures allowed therein by rules and regulations adopted by the town council;

2. Conservation of natural resources;

3. Restoration of native habitats;

4. Wildlife sanctuaries;

5. Passive recreational uses such as hiking, picnicking, and the enjoyment of nature;

6. Improvement or installation of trails, paths or other similar improvements intended to enhance the enjoyment of nature while minimizing impacts on the natural qualities of the land

• B. Conditional Uses Permitted in the P&R Zone. The uses listed below shall be permitted only when a Conditional Use Permit is granted, as provided in Section 16-52.040 (Conditional Use Permit):

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

16-28.040

Parks and Recreation Zone

1. Construction of, or additions to, buildings that support parks or recreational activities;

Organized educational facilities, activities or programs intended to promote knowledge and enjoyment of natural resources;

• Public utility facilities;

4. Construction of minor structures and ancillary facilities and improvements consistent with parks and recreational uses;

5. Other uses which, in the opinion of the Director, are similar to uses listed above.

General standards. Proposed development within the P&R zone shall be designed and constructed in conformity with the development standards in Table 2-7 (Parks and Recreation Zone Development Standards).

TABLE 2-7

PARKS AND RECREATION ZONE DEVELOPMENT STANDARDS

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