Article III — General Development Standards and Parking Standards

16-30.010 - Purpose......................................................................................................... III-3 16-30.020 - Applicability................................................................................................. III-3 16-30.030 - Setback Requirements and Exemptions....................................................... III-3 16-30.040 - Fences and Walls ......................................................................................... III-6 16-30.050 - Height Limits and Exceptions...................................................................... III-7 16-30.060 - Child Play Structures/Sports Courts............................................................. III-9 16-30.070 - Lighting...................................................................................................... III-10 16-30.080 - Recyclable Materials Collection and Loading ........................................... III-10 16-30.090 - Storage and Debris Boxes.......................................................................... III-11 16-30.100 - Submerged and Partially Submerged Land................................................ III-11 16-30.110 - Public Utility Lines .................................................................................... III-11 16-30.120 - Lot Legality and Coverage......................................................................... III-12

16-32.010 - Purpose....................................................................................................... III-15 16-32.020 - Applicability............................................................................................... III-15 16-32.030 - General Parking Regulations...................................................................... III-15 16-32.040 - Number of Parking Spaces Required ......................................................... III-17 16-32.050 - Disabled/Handicapped Parking Requirements........................................... III-18 16-32.060 - Bicycle Parking.......................................................................................... III-18 16-32.070 - Motorcycle Parking.................................................................................... III-18 16-32.080 - Parking Design and Development Standards............................................. III-18 16-32.090 - Loading Berths........................................................................................... III-21 16-32.100 - Multiple Uses ............................................................................................. III-22 16-32.110 - Change in Use - Additions and Enlargement............................................. III-22 16-32.120 - In Lieu Payments ....................................................................................... III-22

Article III – General Development Standards and Parking Standards

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III-1

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

Article III – General Development Standards and Parking Standards III-2

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

16-30.010

Standards for All Development and Land Uses

Sections:

16-30.010 - Purpose 16-30.020 - Applicability 16-30.030 - Setback Requirements and Exceptions

16-30.040 - Fences and Walls

16-30.050 - Height Limits and Exceptions

16-30.060 - Children Play Structures/Sports Courts

16-30.070 - Lighting

16-30.080 - Recyclable Materials Collection and Loading

16-30.090 - Storage and Debris Boxes

• 16-30.100 - Submerged and Partially Submerged Land

16-30.110 - Public Utility Lines

16-30.120 - Lot Legality and Coverage

The provisions of Section 16-30 are intended to ensure that the construction of new development and the establishment of new and modified uses contribute to the maintenance of a stable and healthy environment, that new development is harmonious in character with existing and future development, and that the use and enjoyment of neighboring properties are protected, as established in the General Plan.

• A. The regulations of Section 16-30 apply to any zone wherever the specified circumstances exist.

• B. Uses referred to in this Zoning Ordinance include the structures ordinarily devoted to such use.

• C. No buildings or structures shall be erected, reconstructed, moved, converted, or structurally altered in any manner, nor shall any buildings, other structures, or land be used for any purpose or in any manner other than as permitted by and in conformance with the General Plan and this Zoning Ordinance.

• A. Purpose. This Section provides standards for the use and minimum size of setbacks. Setbacks provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between incompatible activities; and space for privacy, landscaping, and recreation. Setbacks can also provide a sense of low density, spaciousness, and aesthetic pleasure.

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

16-30.030

Standards for All Development and Land Uses

• B. Setback requirements. Unless exempted in compliance with Subsection E. below, all structures shall conform with the setback requirements established for each zone by Article II (Zones and Allowable Land Uses), and with any special setbacks established for specific uses by this Zoning Ordinance, except as otherwise provided by this Section.

• C. Measurement of setbacks. Required setbacks shall be measured horizontally from the front, side or rear property line as appropriate to the measurement, to a line parallel thereto at the nearest point of a structure on the site. On a site that is not rectangular or approximately rectangular in shape, required setbacks shall be determined by the Director, and a record of such determination kept in the Town building file.

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Figure 3-1. Yards

• D. Front setback reduction. Where more than half the lots on one block in the same zone have been improved with buildings, the required front setback on that block is the average of the front setbacks on improved lots, but need not exceed the minimum required front setback in that zone.

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

16-30.030

Standards for All Development and Land Uses

• E. Limitations on the use of setbacks.

  1. Accessory structures. Required front and side setbacks shall not be used for the placement or erection of any accessory building in any zone. Detached accessory buildings not exceeding twelve feet in height may be located on a rear yard, provided that such buildings do not occupy more than twenty-five percent of the area of the rear yard. Swimming pools and spas may also be located on a rear yard, but not within a front or side yard.

Fences. See Section 16-30.040 (Fences and Walls).

3. Landscaping. Landscape features such as patios, open grills, water features (other than swimming pools and spas), trellises, entry pergolas, and similar features may occupy any required setback. But in no case shall any obstruction be located in a public right-of-way without issuance of an Encroachment Permit.

4. Parking. The parking or storage of operable or inoperable vehicles in areas other than on an improved parking surface, as defined in Article X (Definitions), is prohibited.

5. Additional requirements.

  - a. Required setbacks shall not be encroached upon by movement or alteration of an existing main building; 

  - b. Required accessory structure setbacks shall not be less than the minimum for any new main building, except as noted in Subsection 1 above. 

  - c. Required setbacks shall not be considered as yard space for more than one main building. 

• F. Allowed projections into setbacks. Attached architectural features and certain detached structures may project into or be placed within a required setback in compliance with the following requirements.

  1. The ordinary projection of sills, bay windows, cornices, architectural features and eaves may extend beyond the wall of the structure and into the front, side and rear setbacks; provided, however, that none shall project into a minimum setback more than three feet. In no case shall such projection encroach to within three feet of any property line.

The extension of structures such as chimneys, fire escapes, landing places, outside stairways and uncovered balconies, decks and porches may extend beyond the wall of the structure and into the front, side and rear setbacks; provided, however, that none shall extend into a required side setback more than three feet, nor into a required front or rear setback more than six feet. In no case shall such structures extend to within three feet of any property line.

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

16-30.040

Standards for All Development and Land Uses

• G. Restrictions on the use of front yard setbacks in residential zones. In any residential zone, a front setback shall not be used for the storage of junk materials as described in Article X (Definitions) under the definition of “junkyard.”

• H. Vehicle entry gates. Vehicle entry gates shall be set back at least fifteen feet from any private or public roadway, shared driveway, curb, gutter or sidewalk.

• A. Applicability. The requirements of this Section apply to all fences and walls, including fence/wall combinations, unless otherwise stated.

• B. Height limits. Fences and walls may occupy any required setback, provided that:

  1. A fence, wall, or retaining wall greater than three and one-half feet in height shall not be erected without Site Plan and Architectural Review approval as provided in Section 16-52.020 (Site Plan and Architectural Review).

A fence, wall, or retaining wall shall not exceed six feet in height in any setback, with the following exceptions:

• a. A fence, wall or retaining wall may exceed six feet in height if all of the following conditions are met:

  • i. The fence and/or wall is located along a private residential property line shared with another private residential property;

  • ii. There is a difference in surface elevation between the two adjoining properties along the property line upon which the proposed fence and/or wall is to be located;

  • iii. The fence and/or wall would have a maximum height of six feet on the upper side of the structure; and a maximum height on the lower side of the structure of six feet plus the difference in surface elevation between the adjoining yard areas at the property line, but in no instance more than nine feet;

  • iv. The Review Authority determines that a fence and/or wall with a height of six feet on the lower side of the structure would not provide an effective privacy screen for the adjoining properties; and

  • v. The Review Authority determines that the proposed fence would not result in significant view obstruction or visual impacts on properties in the vicinity.

• b. A safety railing on top of a retaining wall as required by the Town’s Building Code shall not count toward the measured height of the retaining wall if the building official determines that the location of the railing is

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

16-30.050

Standards for All Development and Land Uses

necessary for safety purposes. Site Plan and Architectural Review approval shall be required for such railings and walls as provided in Section 1652.020 (Site Plan and Architectural Review). Such railings are encouraged to be constructed either of transparent materials or be otherwise visually open in design.

3. Fences (including walls used as fences) shall not be located, designed, or constructed so as to impair safe vision from vehicles or of pedestrians.

4. If two or more fences and/or walls are constructed with a separation of three feet or less between the faces of the structures, the height of the respective structures shall be combined to determine the total wall or fence height. If the fences and/or walls are separated by a horizontal distance greater than three feet, the heights of the fences and/or walls shall be calculated separately.

• A. Purpose. Height limits are important measures to protect privacy and views; to promote the adequate provision of sunlight, air, and visual safety; and to prevent the vertical overbuilding of properties.

• B. Maximum height. No building or structure shall be erected or altered to exceed the height limit established for the zone in which the structure is located. The height limit is a maximum, and is subject to reduction through the Site Plan and Architectural Review process, through Precise Development Plan approvals, or through other permit approvals issued by the Town.

• C. Height measurement. Height is the plumb vertical distance, measured using a plane, established by the lower of the natural or finished grade at the perimeter of the exposed exterior surface of the building, structure, fence, or wall. No point of the roof edge, fence, wall, parapet, mansard, structure, or other building feature shall extend above the plane established by the maximum height line from grade, except as specifically excluded below. Refer to Figure 3-2 below.

On lots in subdivisions where there is an approved grading plan that has been implemented and accepted as complete by the Town, the elevation established by the subdivision grading shall be considered the natural ground elevation.

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

16-30.050

Standards for All Development and Land Uses

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Figure 3-2. Height Measurement

D. Exceptions to height limits.

1. Elevator and stairwell roof enclosures, roof equipment enclosures, skylights, chimneys, flues, vents, and similar features may exceed the maximum height to provide for the normal function of a facility, provided that they are of minimum height and bulk.

Spires, flag poles, radio and television towers or antennas, and similar features, of minimal area and bulk, may exceed maximum height limits by up to three feet or as required by the California Building Code. The height restrictions shall not apply to antennas for wireless communication facilities licensed by the Federal Communications Commission when a Conditional Use Permit has been obtained for that use in compliance with Section 16-52.040 (Conditional Use Permit) and Section 16-42 (Wireless Communications Facilities).

3. The footing portion of a retaining wall (below grade) shall not be included in the measurement of height.

4. Height limitations specified in this Section shall not apply to public utility distribution and transmission lines that are under the jurisdiction of the State Public Utilities Commission.

• E. Height limit at street intersections. For visual safety reasons at all street intersections, it is unlawful to install or maintain any sign, fence, hedge, vegetation, or any other view obstructions that extend more than thirty inches above the street level of any adjacent intersection, within that area between the property line and a diagonal line joining points on the property lines that are thirty-five feet from their intersection, as extended. Refer to Figure 3-3 below.

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

16-30.060

Standards for All Development and Land Uses

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Figure 3-3. Sight Distance at Intersections

Formatted: Font: Times
New Roman, 10 pt, Bold

The above provision shall also apply to lots on sharp curves of streets, where, in the opinion of the Police Chief, Town Engineer or Superintendent of Public Works, sight distances are impaired. In such cases, the thirty-five-foot distance shall be measured from the outermost point on the curve.

• A. Purpose. This Section provides regulations for play structure and sports courts improvements that require permits from the Town.

• B. Pre-application recommendations. Prior to the installation of sports courts, play equipment or structures, or similar improvements, applicants should consult Town Staff regarding the design of such facilities. Applicants are advised to provide informal noticing to neighbors about proposed plans before an application is submitted to the Town and prior to construction, to prevent potential problems during public review.

• C. General. Sports courts, play structures and similar improvements shall not be located on or over public utilities or easements of record without express written permission from the easement holder(s).

Article III – General Development Standards and Parking Standards III-9

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

16-30.070

Standards for All Development and Land Uses

• D. Review and permitting. The following items require Site Plan and Architectural Review in compliance with Section 16-52.020 and Building Permits.

  1. A sports court, only when accompanied with the items listed below.

     • a. Fences or walls over forty-two inches in height.

     • b. Exterior lighting poles or mounts over forty-two inches in height.

     • c. Non-portable (fixed in place) basketball standards or other similar structures.

  2. Non-portable playhouses, play structures, or secure playground equipment (such as swings and seesaws) on residential property, on public property subject to regulation by the Town, on private school property, or at a commercial child daycare center.

• E. Site Plan and Architectural Review exceptions. The following items do not require Site Plan and Architectural Review but do require Building Permits:

  1. Fences or walls forty-two inches or less in height.

     • Flat surface work, including tennis and basketball court surfaces, if constructed on top of a deck that is more than thirty inches above grade.

General lighting design and development shall comply with the following standards:

• A. Exterior lighting shall not invade the privacy of other properties, or produce glare or light pollution; yet shall provide adequate illumination for safety and security purposes.

• B. All proposed exterior lighting shall be shielded downlighting.

• C. All skylights shall be bronzed or tinted and shall not utilize frosted glass, and no lights shall be placed in or directed up into the wells.

• D. Baffles, shields or other structural elements may be required to limit light pollution from exterior lights and skylights.

The design and location of all collection and loading areas for recyclable materials shall comply with the requirements of Municipal Code Chapter 16C, also known as the Recyclables Collection Area Ordinance.

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

16-30.090

Standards for All Development and Land Uses

• A. Purpose. The purpose of this Section is to regulate the placement of storage and debris boxes on public and private property.

• B. General. Site Plan and Architectural Review (Section 16-52.020) approval shall be obtained for any storage or debris box not associated with an active Building Permit. In addition, an Encroachment Permit shall be obtained if the storage or debris box is not associated with an active Building Permit and is located on public property.

• C. Site Plan and Architectural Review exceptions. Storage or debris boxes are exempt from the Site Plan and Architectural Review (Section 16-52.020) and Encroachment Permit process as long as the following criteria are met:

  1. The storage or debris box is associated with construction on a property for which there is an active Building Permit.

Debris boxes shall be on private property and off the street, unless there is no practical location for the debris box off-street as determined by the Director.

3. Storage boxes in all cases shall be located on private property and off the street.

• A. Wholly submerged lands, and underwater portions of lands that are partially submerged, shall be considered conservation areas subject to the regulations of the M (Marine) zone (Section 16-25), and of the San Francisco Bay Conservation and Development Commission (BCDC).

• B. The area of such lots that is below the mean high tide line shall not be used in the determination of gross lot area, minimum lot area, lot area per dwelling unit, lot coverage, or any other land and structure regulation of the zone in which it is located. See Table 2-2 in Section 16-21.040 (Residential Zones Development Standards) for an exception.

• C. Land use changes in submerged and partially submerged land as allowed by Subsection 1625.030.B (Uses Permitted with a Tidelands Permit in the M Zone) shall require Tidelands Permit review in compliance with Section 16-52-080 (Tidelands Permit).

• A. Public utility lines requirements. Public utility distribution lines, both overhead and underground, are permitted in all zones, subject to obtaining normal permits (see Section 16-52.020 [Site Plan and Architectural Review]), except where routine maintenance and repairs on existing lines are required, in which case no Zoning Permit is required.

• B. Undergrounding of utilities. The Town requires undergrounding of utility connections for new construction and for remodel of existing structures, in compliance with Municipal Code Chapter 12A (Underground Utility Districts--Extensions). The locations of new

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

16-30.120

Standards for All Development and Land Uses

power transmission lines are to be approved by the Town through Site Plan and Architectural Review (Section 16-52.020).

A. Legality of lots and lot area requirements

1. Legality of lots required for improvement. No building or structure shall be constructed on a lot that is not legally recognized. The purpose of this provision is to prevent the construction of improvements on lots that have been illegally subdivided or otherwise illegally created. This provision does not apply to improvements on any of the following:

• a. A lot created by a valid recorded subdivision map;

• b. A legal lot of record, provided that the lot is not subject to merger provisions of the State Subdivision Map Act;

• c. A lot divided and conveyed by valid deed, written contract of sale, or similar means, executed prior to June 24, 1964 (when the Town’s Subdivision Ordinance was adopted), provided that the lot is not subject to merger provisions of the State Subdivision Map Act;

• d. A lot recognized by a recorded certificate of compliance wherein all conditions (if any) of said certificate of compliance are satisfied.

2. Lot area requirements .

• a. Newly created lots shall have not less than the minimum area required by the land and structure regulations for the zone in which they are located. Any lot on which dwelling units are proposed shall also comply with any minimum lot area per unit requirement of its zone.

• b. No existing lot shall be reduced in ar ea so as to be smaller than required by this Zoning Ordinance, nor shall it be divided to create lots smaller than required by this Zoning Ordinance; if already smaller in dimension or area, it shall not be further reduced or divided.

3. Water and sewer requirements. Newly-created lots and unimproved lots shall be served for domestic purposes by the public water system, or in accordance with Municipal Code Chapter 13F (Water Well Construction and Use); and by the public sewer system unless specifically exempted by the Council.

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

16-30.120

Standards for All Development and Land Uses

B. Lot coverage.

1. Lot coverage measures the proportion of a lot that is covered by structures. Lot coverage limits help to promote the aesthetic qualities of spaciousness and privacy. Lot coverage limits can also help reduce excessive run-off and help provide usable yard spaces by restricting the horizontal overbuilding of properties. In traditional zones (R-1, R-1-B, R-2, R-3, RO), the percentage of any lot that may be covered by structures is specified in the land and structure regulations for that zone (see Article II [Zones and Allowable Uses]). Lot coverage in planned developments is usually established by the Precise Development Plan or associated document.

2. Lot coverage is calculated by dividing the area occupied by the exterior limits of all structures exceeding three feet in height above the natural or finished ground surface, whichever is lower, by the total lot area, and multiplying by one hundred.

3. Lot coverage shall include buildings, accessory buildings, and carports; one-half the area of all decks higher than three feet above grade; cantilevered elements, porches, canopies, chimneys, fire escapes, balconies, and similar features that are higher than three feet above grade; and eaves that project more than four feet.

4. Lot coverage shall not include the area of uncovered and unenclosed off-street parking spaces, walks, patios, in-ground swimming pools or pools that do not extend more than three feet above grade, uncovered decks three feet or less above grade, landscape features, and eaves projecting four feet or less.

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

16-30.120

Standards for All Development and Land Uses

Article III – General Development Standards and Parking Standards

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

16-32.010

Parking and Loading Standards

Sections:

16-32.010 - Purpose 16-32.020 - Applicability 16-32.030 - General Parking Regulations

16-32.040 - Number of Parking Spaces Required

16-32.050 - Disabled/Handicapped Parking Requirements

16-32.060 - Bicycle Parking

16-32.070 - Motorcycle Parking

16-32.080 - Parking Design and Development Standards

16-32.090 - Loading Berths

16-32.100 - Multiple Uses

16-32.110 - Change in Use - Additions and Enlargement 16-32.120 - In Lieu Payments

The requirements in Section 16-32 are intended to ensure that no building or structure shall be constructed, modified, remodeled or changed in use allowed unless spaces for parking and/or truck loading and unloading are permanently provided and maintained for the benefit of residents, employees, customers and visitors, within or outside of buildings or in a combination of both, in compliance with all the requirements of Section 16-32. The Town discourages providing parking in excess of that required by the standards herein except where good cause can be demonstrated.

Each land use and structure, including a change or expansion of a land use or structure, shall provide continuously maintained off-street parking and loading areas in compliance with Section 16-32. A land use shall not be commenced and a structure shall not be occupied until the improvements required by Section 16-32 are satisfactorily completed.

A. Location.

1. Parking. The required parking shall be provided on site, except that required parking may be provided on another lot providing that the lot is in a commercial zone within the Town and is reasonably convenient to the subject lot, as determined and approved by the Review Authority.

If the building, structure, use, or improvement requiring parking space is located on one lot and the required parking is on another lot, partially or wholly, then one of the following shall apply:

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

16-32.030

Parking and Loading Standards

• a. There shall be recorded with the county recorder of Marin County a covenant by the owner or owners of such lots for the benefit of the Town, in a form approved by the Town, that the owner or owners will continue to maintain the required number of parking spaces so long as the building, structure, use or improvement is maintained within the Town. The covenant shall stipulate that the title to and right to use the lot or lots upon which the parking spaces are to be provided shall be subservient to the title to the premises upon which the building has been or is to be erected and that it is warranted that such lot or lots are not and will not be made subject to any other covenant or contract for use without prior written consent of the Town.

• b. The Town may permit required parking spaces to be secured by a lease agreement. The terms of any such lease agreement shall be reviewed and approved by the Town prior to establishment of the use to determine whether the provisions of Section 16-32 are satisfied. A copy of any such lease shall be maintained in the files of the Town. It shall be understood that the loss of required parking spaces secured by such method shall be valid cause for revocation of a Conditional Use Permit, or other Zoning Permit, allowing such use.

2. Loading. The required loading shall be permanently available, marked, and maintained for loading purposes for the use it is intended to serve. Loading spaces shall be located as required in Section 16-32.090 (Loading Berths).

B. Recreation vehicle, trailer and truck parking.

1. It is unlawful for any person to place, keep or maintain, for dwelling purposes on any property, any travel trailer, automobile, truck, recreation vehicle, camper, boat or other temporary or movable facility (excluding mobile homes).

Parking or storage of trucks having gross weights of less than five thousand pounds (two and one-half tons), trailers, boats and campers for periods in excess of seventy-two hours is permitted without a Conditional Use Permit in accordance with Section 16-52.040 (Conditional Use Permit) in completely enclosed structures or when not plainly visible from any public right-of-way.

3. Public agency or utility company vehicles for emergency responders on official business or when assigned by the agency or company to an employee as a “company car” may be kept or placed in residential zones.

• C. Parking log and map. The Town may maintain a log and map of all parking lots in commercial zones, noting the buildings and/or uses assigned to each. However, it shall be the responsibility of the property owner and/or applicant to demonstrate the availability and adequacy of parking for a use or building.

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

16-32.040

Parking and Loading Standards

• A. Parking requirements. The minimum number of parking stalls established in Subsection B. below shall be required to serve the uses or buildings listed. The ratios listed shall apply to normal occupancy densities and uses. Higher or lower ratios may be used for other than normal occupancy densities and uses, availability of public transportation and other special conditions, as determined by the Review Authority.

• B. Minimum number of parking stalls. It is the intent of the Town that parking areas be adequate but not excessive. When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction of over one-half shall be rounded up to the next parking space. In the case of any use that is not specifically mentioned in Table 3-1 below, the provisions for a use that is so mentioned and is similar, or as determined by the Director if no similar uses are mentioned in Table 3- 1, shall apply, with the Review Authority having final approval authority.

TABLE 3-1 MINIMUM NUMBER OF PARKING STALLS

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

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Parking and Loading Standards

TABLE 3-1 MINIMUM NUMBER OF PARKING STALLS

Parking spaces for the disabled shall be provided in compliance with the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section 16-32.040 (Number of parking spaces required).

For all uses except single-family and two-family dwellings, bicycle racks or stands shall be provided at the rate of one bicycle per fifteen required parking stalls. Bicycle racks or stands shall be located off-street so as to avoid undue interference with pedestrians and vehicular traffic, and shall have adequate provision for secure locking of bicycles.

Motorcycle parking shall be provided for all commercial uses at a rate of one space per twenty-five required parking stalls.

• A. The layout of parking stalls, loading berths, parking aisles, landscaping, lighting and other required information shall be submitted with the application for the applicable land use permits and shall comply with all the requirements specified below, which shall be completed prior to occupancy.

  1. The required parking stalls, loading berths and parking aisles may not be located on any street right-of-way;

The required parking stalls, loading berths and parking aisles, if outdoors, may be located on the required side and rear setbacks, and within the required front setbacks up to three feet from the street right-of-way;

3. Each parking stall and loading berth shall have vehicular access to the street, accessway, or alley, without passing over other parking stalls;

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

16-32.080

Parking and Loading Standards

4. Each parking stall shall have vehicular access to the street without backing into it or another stall, except where conditions of terrain or siting in the case of singleand two-family dwellings makes this infeasible, as determined by the Review Authority. Access driveways shall not be arranged so as to unduly increase hazards to traffic or pedestrians;

5. Each parking stall, aisle and driveway shall be graded, drained and surfaced so as to prevent dust, mud or standing water, to the satisfaction of the Town Engineer. For non-residential lots and uses, all parking stalls, aisles, circulation directions, small car spaces, pedestrian spaces, no-parking spaces and the like shall be clearly marked with durable traffic paint. Raised wheel stops or similar devices acceptable to the Town Engineer, shall be provided to protect adjacent walks, fences, walls, landscaping and the like but shall not be installed in locations that may unduly increase hazards to pedestrians, such as between parking stalls;

6. Landscaping, including trees and shrubs for shading and visual buffering, shall be required and shown as part of the parking layout. Large paved areas shall be given visual relief by the interspersion of landscaping within the paved area, as well as around the perimeter. Potentially unsightly areas such as trash storage shall be screened from public view and other properties by opaque fences or walls. Landscaping shall be water-conserving types and shall be properly irrigated and maintained. Defective or dead landscaping shall be promptly replaced;

7. Sufficient lighting shall be provided to protect the public in a parking area during the time it is accessible to the public after daylight; glare shall be shielded from other properties.

• E. Each parking lot stall and aisle shall comply with the minimum dimension requirements in Figure 3-4, Figure 3-5, and Table 3-2.

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==> picture [376 x 218] intentionally omitted <==

Figure 3-4. Parking Dimensions Diagram, 30 and 45 degrees

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Figure 3-5. Parking Dimensions Diagram, 90 degrees

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constrained on both sides, two feet shall be added to the width required in Table 3-2.

Off-street loading spaces shall be provided as required by this Section. The Director may modify these requirements if the Director first determines that the operating, shipping, and delivery characteristics of the use do not require the number or size of loading berths as required by this Section.

• A. A minimum of one loading berth shall be required for each building or related group of buildings on a property containing more than five thousand square feet of floor area used for the storage, receipt, distribution, processing, or display of goods, materials or merchandise.

• B. Loading berths shall be no less than twelve feet by thirty-five feet wide with fourteen feet minimum height clearance.

• C. Loading berths shall be located off-street and arranged to avoid undue interference with parking, pedestrians, street traffic, and other properties. Berths may be open or covered.

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Parking required for multiple uses shall be the sum of the requirements for each individual use; provided that parking spaces required for one use or time may utilize the same spaces required for another use or time upon Commission approval, by means of appropriate conditions, of such dual parking. The Commission shall not grant such approval unless it is able to, and does, make the following findings:

• A. That the uses or times for which overlapping parking is being requested do not have overlapping hours of operations sufficient to result in a deficiency of parking spaces;

• B. That the parking lot in question is within a reasonable distance from the uses for which parking requirements are to be overlapped.

Failure to abide by the conditions of the approval shall be cause for revocation of such approval for all uses involved, regardless of previous approvals.

Whenever on any lot or site there is a change in use, or increase in floor area or in the number of employees, or other unit of measurement specified above to calculate the number of required offstreet parking spaces, then additional off-street parking spaces shall be provided on the basis of the increase in floor area or number of employees, or in such other applicable unit of measurement. The effects of additions, enlargements and changes in use shall be cumulative in regard to off-street parking requirements.

In lieu of furnishing the parking spaces required by the provisions herein, the Town may permit the requirements to be satisfied by the payment to the Town, prior to the issuance of the Building or Occupancy Permit, of a sum equivalent to the estimated normal current cost to the Town of providing required parking spaces to serve the contemplated uses. The amount of payment for each required parking space shall be fixed by the Council by resolution. An application for permission to make such in lieu payments shall be filed with the Town and set for public hearing before the Council within forty-five days of filing. The Council may waive all or part of the parking normally required, and require payment in lieu thereof and impose conditions when the facts demonstrate that granting the application:

• A. Will not result in an unreasonable burden on parking facilities serving the area in which the subject use is to be located;

• B. Will not materially adversely affect the use and enjoyment of property in the vicinity; and

• C. Will be consistent with the general purpose and intent of this Zoning Ordinance and the General Plan.

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