16-21 Residential Zones — Tiburon Zoning Code

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

16-21.010 - Purpose ¶

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.

16-21.020 - Purposes of the Residential Zones ¶

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

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

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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TABLE 2-1	P	Permitted Use	Permitted Use
Allowed Land Uses and Permit Requirements	U	Conditional Use Permit
for Residential Zones	—	Use not allowed
			PERMIT REQUIRED BY DISTRICT						Specific Use
LAND USE(1)	R-1		R-1-B	RO	R-2	R-3	RPD	RMP	Regulations

TABLE 2-1	TABLE 2-1	TABLE 2-1	TABLE 2-1	TABLE 2-1	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use
Allowed Land Uses and Permit Requirements					U Conditional Use Permit
for Residential Zones					— Use not allowed

					PERMIT REQUIRED BY DISTRICT							Specific Use
				LAND USE(1)	R-1	R-1-B	RO	R-2	R-3	RPD	RMP	Regulations
	AGRICULTURAL & OPEN SPACE USES
	Agriculture				U	U	U	U	U	U	U
	Botanical conservatories, outdoor nature laboratories, similar facilities				—	—	—	—	—	U	U
	Open space use				—	—	—	—	—	P	P
	Wildlife sanctuaries				—	—	—	—	—	U	U
	RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
	Equestrian facility (2)				U	U	U	—	—	U	U	Title VI,20-5.1
	Golf course/countryclub				U	U	U	—	—	U	U
	Library,museum				U	U	U	U	U	—	—
	Parochial or other nonprofit school - elementary, secondary, or college				U	U	U	U	U	U	U
	Philanthropic or charitable facility				U	U	U	U	U	U	U
	Private residential recreation facilities				U	U	U	U	U	U	U
	Publicpark				P	P	P	P	P	P	P
	Playground				U	U	U	U	U	U	U
	Publiclyowned buildingor facility				U	U	U	U	U	U	U
	Religiousplaces of worship				U	U	U	U	U	U	U
	RESIDENTIAL USES
		Intermediate or communitycare facility (3)			P	P	P	P	P	P	P
		Multifamilydwelling			—	—	—	—	P	—	P
		Secondarydwellingunit			P	P	P	—	—	P	—	16-52.100
		Single-familydwelling			P	P	P	P	—	P	P
		Single-familydwelling providingroom/board for 1paying guest			P	P	P	P	—	P	P
		Two-familydwelling,attached			—	—	—	P	—	—	P
		Two-familydwelling,detached			—	—	—	P(4)	—	—	—	16-40.020
		Transitional, supportive housing			P	P	P	P	P	P	P
		Key to Zoning District Symbols
		R-1	Single-FamilyResidential		R-3	MultifamilyResidential
		R-1-B	Modified Single FamilyResidential		RPD	Residential Planned Development
		RO	Residential Open		RMP	Residential Multiple Planned
		R-2	Two-FamilyResidential
		Notes:

(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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TABLE 2-1(Continued)	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use	P Permitted Use
Allowed Land Uses and Permit Requirements	U Conditional Use Permit
for Residential Zones	— Use not allowed

	PERMIT REQUIRED BY DISTRICT							Specific Use
LAND USE(1)	R-1	R-1-B	RO	R-2	R-3	RPD	RMP	Regulations
SERVICES - GENERAL
Bed and breakfast facility (B&B)	U	U	U	—	—	—	—
Child day-care facilities, small family day-care homes – up to 8 children (5)	P	P	P	P	P	P	P	Health & Safety Code 1597.3 et seq.
Child day-care facilities, large family day-care homes - 9 to 14 children (5)	P	P	P	P	P	P	P	Health & Safety Code 1597.46 - 1597.465
Child day-care center - 15 or more children	U	U	U	U	U	U	U
Medical Services - Hospital	U	U	U	U	U	U	U
Real estate tract office	U	U	U	U	U	U	U
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Public utilityand communication equipment building	U	U	U	U	U	U	U
Wireless communication facility, amateur or professional	U	U	U	U	U	U	U	Government Code 65850.6

Key to Zoning District Symbols
R-1	Single-FamilyResidential	R-3	MultifamilyResidential
R-1-B	Modified Single Family Residential	RPD	Residential Planned Development
RO	Residential Open	RMP	Residential Multiple Planned
R-2	Two-FamilyResidential
Notes: (1) See Article X (Definitions) for land use definitions.

(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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16-21.040

Residential Zones

16-21.040 - Residential Zones Development Standards ¶

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

Zone	Minimum Lot Area	Maximum Lot Coverage	Required Lot Width	Minimum Setback Requirements1	Minimum Setback Requirements1	Minimum Setback Requirements1	Height Limit	Height Limit	Maximum FAR
				Front	Sides	Rear	Primary	Accessory
R-1	10,000 square feet (s.f.)	30%	40 ft.	15 ft.	8 ft.	20% depth of lot or 25 ft. (whichever is less)	30 ft.	15 ft.	See Section 16-52.020.I
R-1-B-A				20 ft.	6 ft.
R-1-B-2				25 ft.	10 ft.
RO-1	40,000 s.f.	15%	70 ft.	30 ft.	20 ft.
RO-2	20,000 s.f.	15%	50 ft.	30 ft.	15 ft.
R-2	7,500 s.f.2	35%	40 ft.	15 ft.	8 ft.
	3,750 s.f. per dwelling2
R-3	10,000 s.f.	30%	--			8 ft.			.60
	3,500 s.f. per dwelling
RPD ]	Established by adopted master/precise plan or precise development plan for development						30 ft.3	15 ft.3	See Section 16-52.020.I
RMP	Established by adopted master/precise plan or precise development plan, or condominium plan for development								.304
Notes: 1. Some older planned development approvals do not specify setback requirements, in which case appropriate setbacks are determined by Site Plan and Architectural Review_._ 2. In the R-2 zone, where a lot is contiguous with a submerged or tide lot that lies entirely or partially in the M zone, and all of such property is under the same ownership, the total area of such contiguous lots may be used in determining whether the minimum lot area requirements have been met. Notwithstanding any other provision of this Section to the contrary, no building or accessory building or part thereof shall extend seaward of the zone boundary line between the R-2 zone and the M zone other than as may be permitted in compliance with the regulations of the M zone (Section 16-25).] 3. Unless otherwise specified in a Precise Development Plan. 4. Unless otherwise specified in a Precise Development Plan.

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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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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Commercial Zone