HomeMy WebLinkAboutTC Ord 1967-09-18 (2)
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Sec. 10-5
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Sec. 23 (L)
CORP,ECTIONS For orT\INP1~CE NO. rr,
TIBUP..OH ZOIJINC orDINAiJCr
Change definition as follovs:
"6-8 Automobile Hreckinr;: See Junl'. Yard"
Correct spellin[
"lading" to "lodging"
Change definition as follo\-1s:
"6-25 Duelling, multi-family: see Apartnlent House"
(B) 3 Elinindtc the nr: follows:
3. H~~e-eee.pe~~efte--
(B) 2 Change as follows:
2 Providing room and board for not more than one paying
guest in ft-e~ft~~e-~am'!1 each dwelling.
Eliminate as folIous:
~,-~ee"~-e%~-ift-UpU-~ene
ORDINANCE NO.8 N. S.
REPEALED BY ORDINANCE NOD 23 N.S.
SECTION
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9/11/67
TIB~RON ZQtlING qRDINANCE
.'fable oUon~
CON'fP:NTS
Title
Authority
Rules of Construction
Territory
Public Agencies
Definitions
Zone Boundaries
Zone Classifications
Applicability
P Parks, Open Space & Recreation Zone
A2 Limited Agricultural Zone
AR Agricultural/Residential Zone
RO Residential, Open (1 & 2) Zones
RP Planned Single Family Residential Zone
Rl Single Family Residential Zone
R2 Two Family Residential Zone
R3 Planned Multi-Family Residential Zone
PA Professional/Administrative Zone
CV Village Commercial Zone
PD Planned Development Zone
CG General Commercial Zone
Site Plans & Design Review
ya rd s
Parking
Parcel Area
Non-ConforQing Uses
Administration
Variances
Procedures
Appeals
Boards of Adjustment and Design Review
Use Permits
Uses Permitted in Any Zone
Uses Permitted in Specific Zones
Separability
Repeal
Amendments
General Regulations
Penalties
Effective Date
Page ii
THE CITY COUNCIL OF THE CITY OF TIilURON, STATE OF CALIFORNIA DOES ORDAIN AS FOLLOWS:
Section 1:
Name:
This Title of the City Code of Tiburon shall be known and may be cited as the
"Tiburon Zoning Ordinance." It shall be referred to hereinafter as "this ordinance",
and the term shall include any subsequent amendment thereof.
Section 2:
Authority and Purpose:
This ordinance is enacted pursuant to Article XI, Section 11 of the Constitution
of the State of California and to the provisions of Chapter 4, Title 7 (Section 65800
and subsequent sections), Chapter 10, Title 3 (Sections 26027 and 26028) and of
Chapter 2, Title 5 (Section 50485) of the California Government Code. This ordinance
establishes certain regulations on land and structures in order to protect and promote
the health, safety, and welfare of the public, and insure the orderly development of
the City. This ordinance has among other further and more specific purposes, to
preserve and enhance the quality of the human environment, to promote the most
desirable use of land, to conserve property. values, to strengthen the economic base
of the City, and to safeguard the public from future undue expenditures.
Section 3:
Rules of Construction:
For the purpose of this ordinance, certain grammatical forms used herein are
construed as follows, unless the context of a particular provision clearly requires
a different construction:
(A) The present tense includes the 'past and future, and the future includes
the present;
(B) The masculine gender includes the feminine and neuter;
(C) The singular number includes the plural, and the plural includes the
singular;
(D) "Shall" denotes a mandatory provision, and "may" a permissive provision.
Section 4: Territory:
This ordinance shall apply to all incorporated land within the boundaries of
the City. This ordinance shall apply to all lands annexed to the City after the
effective date of this ordinance.
Section 5:
Public Agencies:
Except as otherwise specified hereinafter, this ordinance shall apply to all
agencies of the United States, any state, county, city and public district insofar
as such ordinance does not conflict with any valid law of the United States or the
State of California. All the required fees are waived for these agencies.
Section 6:
Definitions:
Certain words and phrases, when used in this ordinance, are defined as follows,
unless the content of a particular provision clearly requires a different definition:
6-1: Accessory: Customarily incidental, related and subordinate to the
principal legal use of the parcel or lot and located on the same; accessory uses
are permitted in all zones;
6-2: Agent of OWner: Person having written evidence that he owns controlling
interest in a property or has power of attorney specifically related to such property,
or has a signed lease incorporating authority to undertake the action which he is
applying for permission to do within the jurisdiction of this zoning ordinance;
6-3: Agriculture: The tilling of the soil, the raising of crops, horticulture,
viticulture, small livestock farming, dairying and/or animal husbandry, including
all uses customarily incidental thereto, but not including slaughter houses,
fertilizer works, bone yards or plants for the reduction of animal matters;
6-4: Alley: A way not exceeding thirty feet in width which affords only a
secondary means of access to abutting property;
6-5: Apartment: A room or suite of two or more rooms which is designated for,
intended for and/or occupied by one family doing its cooking therein;
Page 1
Sections 1, 2, 3, 4, 5, 6
6-6: Animal, Small: Includes chicken, turkey, rabbit, duck, mink, hamster,
chinchilla, frog, fish, worm, bee or other animal, bird or reptile of substantially
less size than a cloven-footed or hoofed animal;
6-7: Apartment House: A building or portion thereof used and/or designed as
a residence for three or more families living independently of each other, and doing
their own cooking in said building, including apartment houses, apartment hotels and
flats, but not including motels and trailer parks! ~
~ M~
6-8: Automobile Wrecking: Th,- ~.!(. of !J.Ol:", ~L . O~LO;: ft:t: L of the
area sf aar let, Bf" tke \ise af 8flj psttien. sf ~- half of all! lot (b...t no~eeeding
a deptl. or widtl., as the cas", may be, of one htlndJ:ed feet-)-wftieh--ftal-f-adje4-ns any
stIC.C.t, -for the" JiowauLliuo 01. "wl.~l:k.luo" of CluLumubiles or- o1..her ~~-~r
!fta~hi1'l..!r" or for the. stoIsge or kccpiag sf thc parts sf cEluipmeat reG\:lltiAg~
.fitieh aiemaatliag SF 'vrceltin.g", or-fer~-'fltoragc or~i'lg--ef.--jtinkr.-!nG-luding
seraI' meta 15 vr ,,1':tft!;1.~ap UlaL"'L ~Ql;
6-9: Basement: A story partly underground and having at least one-half of
its height above grade. A basement shall be counted as a story if the vertical
distance from grade to the ceiling is over five feet or if used for business purposes
or if used for dwelling purposes by other than a janitor or domestic servants
employed in the same building, including the family of the same;
6-10: Boarding House or Rooming House: A house designed and/or used for the
loding and/or feeding of two or more paying guests;
6-11: Building: Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of any person, animal or chattel.
When any portion thereof is completely separated from every other portion thereof by
a masonry division or fire wall without any window, door or other opening therein,
which wall extends from the ground to the upper surface of the roof at every point,
then each such portion shall be deemed to be a separate building;
6-12: Building, Accessory: A subordinate building, the use of which is
incidental to that of a main building on the same lot. On any lot upon which is
located a dwelling, any building which is incidental to the conducting of any
agricultural use permitted in the zone shall be deemed to be an accessory building;
6-13: Building Coverage: The area of all buildings expressed as a percentage
of the lot or parcel on which they are placed. Building area includes accessory
buildings and all floor area under roof, measured from outer wall to outer wall;
6-14: Building Site: Land occupied or to be occupied by a building and its
accessory buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as may be required under the provisions of this ordinance,
having not less than the minimum area required by this ordinance for a building site
in the zone in which such lot is situated, and having its principal frontage on a
street. An existing lot of record constituting a legal building site as of the
effective date of this ordinance is deemed to be a legal building site;
6-15: Business: The purchase, sale or other transaction involving the
handling or disposition (other than is included in the term "industry" as defined
herein) of any article, substance, service or commodity for profit or livelihood;
6-16: Charitable Institution: A public service, non-profit enterprise;
6-17: City: The City of Tiburon, State of California;
6-18: Commercial 'Place of Amusement: Any establishment maintained and
operated for the purpose of providing amusement and entertainment to guests thereof;
6-19: Commission: The Planning Commission of the City of Tiburon, including
the Boards of Adjustment or Design Review wherever the Commission or Council has
delegated its authority to such Boards;
6-20: Council: The City Council of the City of Tiburon;
6-21: Drive-In Restaurant: A refreshment stand dispensing food or drink,
and catering to customers who remain in, or leave and return to, their automobiles
for consumption of said food or drink on the premises;
6-22: Dump: A place used for the disposal, whether by deposition, abandonment,
discarding, dumping, reduction, burial, incineration or by any other means, of any
Page 2
Section 6
garbage, sewage, trash, refuse, waste material, offal or dead animals; provided tha~
this definition shall not be deemed to include such means of disposal of such
substances as are customarily incidental and accessory to dwellings, institutions
and commercial, industrial and agricultural uses;
6-23: ~lelling, One-Family: A detached building designed for and/or occupied
exclusively by one family living independently;
6-24: Dwelling, Two-Family: A detached building designed for and/or occupie~
exclusively by two families living independen)f_~ of e~ch other;
6-25: Dwelling, Multi-Family: .\ l:n!:i.l~~~~
sesigaes as a 1'esiae1'\ee feE' tbu!. or mOl\! families-living iud....l-'lChdently'1rl-~ ether,
aRe deiR8 tReil' SUR aeelting in said b...ilai[.~r4t'leiuii~\g-apa~t=cnL llou""",,," dl.d flats,
but n~t 3.aelHsiag astels S1' mstels;
6-26: Dwelling Group or Cluster: A group of two or more detached or attached
one-family, two-family or multiple dwellings occupying a parcel of land in one
ownership and having any yard or court in common;
6-27: Family: One or more persons occupying domestic premises and living as
a single non-profit, housekeeping unit, as distinguished from a group occupying a
hotel, club, fraternity or sorority house. A family shall be deemed to include
necessary servants;
6-28: Floor Area: Gross area under roof, measured from outside wall to
outs ide wall;
6-29: Garage, Repair: Any building, portion of building or lot on which any
motor vehicle is partially disassembled and reassembled for the purpose of altering
its appearance or improving its operation. Exception: Repair or alteration of a
motor vehicle by a resident when such work is performed on the property occupied by
the owner of such vehicle;
6-30: General Plan: The comprehensive, long-term General Plan as adopted or
amended by the City of Tiburon;
6-31: Grade: 1. For buildings adjoining one street only, the elevation of
the sidewalk at the center of that wall adjoining the street;
2. For buildings adjoining more than one street, the average
of the elevations of the sidewalks at the centers of all walls adjoining streets;
3. For buildings having no wall adjoining the street, the
average level of the finished surface of the ground adjacent to the exterior walls
of the buildings;
4. All walls approximately parallel to and not more than five
feet from the street line shall be considered as adjoining the street;
6-32: Guest House: Living quarters within a detached accessory building
located on the same premises with the main building, for use by guests of the
occupants of the premises, such quarters having no kitchen or cooking facilities
and not rented or otherwise used as a separate dwelling;
6-33: Guest Rooms: A room without kitchen facilities which is intended,
arranged or designed to be occupied or which is occupied by one or more guests,
and is not rented or otherwise used as a separate dwelling, but not including
do~itories for sleeping purposes;
6-34: Height of Building: The vertical distance from the grade to the ceiling
of the topmost story of a building or the highest point of a tower or other structure
from grade;
6-35: Home Occupation: Any use customarily conducted entirely within a
dwelling and carried on by the inhabitants thereof and limited to the following
uses: dressmaking, sewing, millinery, small handcraft, art work, artist's and
sculptorls studio activities, the office of a musician, tutor, writer, architect,
physician, technical advisor, attorney, insurance agency and any other uses which
may be determined by the Planning Commission to be of the same general character as
those herein enumerated and not objectionable or detrimental to the zone in which
located, in connection with which there is no display, no stock in trade, no persons
employed and no mechanical equipment used, except such as is necessary for the above-
enumerated occupations, or as is necessary for housekeeping purposes;
6-36: Hotel or Motel: Any building or structure or portion thereof containing
Page 3
Section 6
six (6) or more guest rooms or suites and, except as otherwise provided below,
occupied on a transient basis, where lodging with or without meals is provided
for compensation, or so designed or intended to be so provided, or ~.Jhich are
occupied by six (6) or more individuals for compensation, whether the compensation
is paid directly or indirectly, and in which more than sixty per cent (60%) of the
individual guest rooms or suites are without kitchens. Occupancy shall not be
established for a period in excess of thirty (30) days in more than five per cent
(5%) of the guest rooms or suites at anyone time;
6-37: Industry: The manufacture, fabrication, processing, reduction or
destruction of any article, substance or commodity, or any other treatment thereof
in such a manner as to change the form or character thereof, including, in addition,
the following: animal hospitals; bottling works; building materials or contractors'
yards; cleaning and dyeing es~ablishments; creameries; dog pounds; laundries;
lumber yards; milk bottling or distributing stations; stockyards; storage elevators;
truck storage yards; warehouses; and wholesale storage;
6-38: Institution: A building housing something that serves to instruct, or
a significant practice relationship or organization in society; an established
society or corporation, especially of a public character;
6-39: Junk Yard: The use of more than two hundred square feet of the area of
any lot, or the use of any portion of that half of any lot (but not exceeding a
depth or width, as the case may be, of one hundred feet) which half adjoins any
street, for the dismantling or "t'l7recking" of automobiles or other vehicles or
machinery, or for the storage or keeping of the parts or equipment resulting from
such dismantling or "wrecking", or for the storage or keeping of junk, including
scrap metals or other scrap material;
6-40: Kennel: Any lot or premises on which four or more dogs, cats or other
small animals at least four months of age are kept;
6-41: Kitchen: Any room or portion of a room used or intended or designed
to be used for cooking and/or the preparation of food;
6-42: Lot: Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together with such
open spaces as may be required under the provisions of this ordinance, having not
less than the minimum area required by this ordinance for a building site in the
zone in which such lot is situated, and having its principal frontage on a street;
6-43: Lot Area: The total horizontal area included within lot lines;
6-44: Lot Depth: The average distance from the street line of the lot to its
rear line measured in the same general direction of the side lines of the lot;
6-45: Lot, Flag: A flag lot is one having a narrower strip connection to a
public street than would otherwise be permitted under the minimum lot width
requirements;
6-46: Lot Line: The lines bounding a lot as defined herein;
6-47: Lot Line, Rear: A lot line which is opposite and most distant from the
front lot line and in case of an irregular, triangular, or gore-shaped lot, a line
ten feet in length tJithin the lot parallel to and at a maximum distance from the
front lot line;
6-48: Lot Width: That dimension of a lot or portion of a lot adjacent to a
street and measured along the set-back line, except the side of a corner lot;
6-49: Natural Production Use: Any of the following uses: agriculture;
mining; production, storage or distribution of water supplies; forestry; cutting
and splitting of Hood; extraction of minerals, building and construction materials
or other natural materials;
6-50: Non-Conforming Use: A building or land occupied by a use that does not
conform to the regulations for the zone in which it is situated;
6-51: Office: Place where administrative work is done, services offered, or
business is transacted with only incidental handling of goods or products;
6-52: Parcel: All contiguous land held by one owner and not traversed by
a public street; same as a lot, except that parcels are generally larger than lots;
Page 4
Section 6
7
6-53: Parking Space or Stall: A usable and accessible, generally level
space of not less than two hundred (200) square feet designed for the parking of
a standard size vehicle off the street (see also "Parking Regulations", Section
13) ;
6-54: Plan: An orderly, harmonious and balanced arrangement of major
environmental elements;
6-55: Plan, I-laster or General: Defined in the State Conservation and Planning
law; usually blo-dimensional arrangement of land use, circulation and densities;
6-56: Plan, Precise: A public or private plan showing all details, such as
architectural treatment, easements, exact boundary outlines and other specific
characteristics;
6-57: Plan, Urban Design: The public Precise Plan for all or major portions
of the City;
6-58: Public Use: Any use which is available to the general public and
owned by the general public;
6-59: Recreation, Commercial: Any recreation use for which a private profit
fee is charged;
6-60: P~creation, Private: Any recreation use not owned by a public agency;
6-61: Rooming House: See Boarding House;
6-62: Stable, Private: An accessory building in which horses are kept for
private use and not for remuneration, hire or sale;
6-63: Stable, Public: A building in which any horses are kept for remuneration,
hire or sale;
6-64: Story: That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it,
then the space betlleen the floor and the ceiling next above it;
6-65: Story, Half: A story ~Jhere the ~'lall line of at least two exterior
sides intersects the sloping roof line not more than two feet above the floor or
extension of the floor line of such story;
6-66: Structure: Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location on the ground;
6-67: Trailer: Any vehicle or structure constructed in such a manner as
to permit occupancy as sleeping quarters or the conduct of any trade or business,
and so designed that it is or may be mounted on wheels and used as a conveyance,
propelled or drmJn by its own or other motive powers; tlis may include boats on
trailers when used as described;
6-68: Use: The purpose for which land or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained;
6-69: Usable Open Space: That required, relatively level portion of a lot
at ground level, unoccupied by principal or accessory buildings and available to
all occupants of a building or dwelling; this space of minimum prescribed dimensions
shall be unobstructed to the sky and shall not be devoted to driveways, parking,
cliffs, or other surfaces or uses obstructing leisurely outdoor recreational use
of the space;
6-70: yard: An open space other than a court on the same lot with a
building or a dwelling group, which open space is unoccupied and unobstructed from
the ground upward. In measuring a yard, as hereinafter provided, the line of a
building shall be deemed to mean a line parallel to the nearest lot line drawn
through the point of a building or the point of a dwelling group nearest to such
lot line; and the measurement shall be tal~n from the line of the building to the
nearest lot line, provided, however, that if any future right-of-way line or
future width line is established by the provisions of any applicable ordinances
or adopted General plans for the street on which the lot faces, then such
measurement shall be taken from the line of the building to such future right-of-
way line or future ~lidth line;
Page 5
Section 6
6-71: Yar~, Front: A yard extending across the front of the lot between
the side lot lines and lying between the front line of the lot and the nearest
line of the building;
6-72: Yard, Rear: A yard extending across the full width of the lot anci
lying between the rear line of the lot and the nearest line of the main building;
6-73: Yard, Side: A yard between the side line of the lot and the nearest
line of the building and extending from the front yard to the rear yard;
6-74: Zoning Permit: Any permit required by the terms of this ordinance.
Section 7:
Zone Boundaries:
(A) All of the incorporated territory of the City is divided into areas
known as ''Zones'' designated in Section 10 within which separate, uniform regulations
are imposed. The boundaries of these zones are shown and described on a map
entitled "Zoning, City of Tiburon", attached hereto. This map is made a part of
this ordinance. A copy of this map, showing all the current amendments thereof,
shall be kept and may be consulted in the office of the Development Administrator;
(B) Zone boundaries shown on this map shall be further determined as follows:
1. The boundary of a zone abutting the City limits shall be such limits;
2. vfuere a zone boundary is shown as approximately following a
property line, a section line, or the line of a legal subdivision of a section,
or where such boundary is located not farther than 15 feet from such lines, the
zone boundary shall coincide with such lines;
3. Unless otherwise shown, the boundary of a zone abu~ting a street,
waterway,. railroad, or similar right-of-way shall be the centerline of such right-
of-way, and the side boundaries shall extend to the centerline normally to such
right-of-l-lay;
4. In all other cases, the location of a zone boundary shall be
determined by the use of the scale appearing on the map and of the surveys,
records, and other documents necessary to clarify the description of land and
boundaries shown on the map;
5. Zone boundaries shall extend vertically upllard and downward from
the ground surface;
6. t~ere a zone boundary divides a lot or parcel under one ownership
in existence prior to the effective date of this zone boundary and when not less
than half the area of such parcel lies in the less restricted zone, the regulationG
for the less restricted zone shall apply to the remainder of such parcel up to a
distance of not more than 30 feet;
7. In case uncertainty exists on the location of a zone boundary, the
Commission, on request or on its own initiative, shall determine the exact
location of such a boundary.
Section 8:
Zone Classificat~ons:
The zones dividing the territory of the City in accordance with the provisions
of Section 10 are designated and abbreviated as follows in order from the most
restricted to the least restricted classification:
P Parks, Open Space & Recreation R2 Two-Family Residential
A-2 Limited Agricultural Zone R3 Planned Multi-Family Residential
AR Agricultural/Residential PA Professional/Administrative
RO-I Residential Open (one acre) CV Village Commercial
00-2 Residential Open (half acre) PD Planned Development
RP Planned Single-Family Residential CG General Commercial
Rl Single-Family Residential
Page 6
Sections 6, 7, 8
Section 9:
.:\pplicability:
(A) Provisions of this ordinance imposing regulation for a particular zone
classification shall apply uniformly to all zones of that classification; provisionc
of the General rregulations shall also apply to any particular zone wherever the
specified circumstances exist;
(B) 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, and
to the similar or accessory uses listed in resolutions adopted by the Commission
as conforming to the purposes of such zone. Such uses may be carried out or
established \dthout a conditional use permit. Any use not so listed is unlawful
in such a zone;
(C) Uses listed in the Use- Permit Section for a particular zone as allo\l7ed
by a conditional use permit, and the similar or accessory uses listed in resolution~
adopted by the Commission as conforming to the purposes of such zone, are unlawful
in such zone unless a use permit therefor has been granted by the Board of
Adjustments and all terms and conditions of such permit have been complied with;
(D) Uses referred to in this section include the structures ordinarily
devoted to such uses;
(E) Failure to comply with the regulations for land and structures for a
particular zone is unlawful, unless a variance therefor has been granted by the
Board of Adjusonents and all terms and conditions of such variance have been
complied with.
Section lO-l-A: Regulations for "p" Parks. Open Space & :aecreadon Zone:
(A) Purposes: This zone is established in order to maintain compatibility
of development in areas presently used for open space reserves or similar uses,
and to preserve the lowest possible assessments on such properties until they are
changed in use in accordance with the Tiburon General Plan;
(B) Uses AllO\led by Right:
1. Hildlife refuges;
2. Parks, public or private;
3. Outdoor recreation facilities;
4. Educational or charitable institutions of a predominantly open
space character;
5. Boat moorages up to six (6); except that no boat or houseboat shall
be used as a resiuence for periods in excess of ten (10) days unless accessory to
a yacht club;
6. Reforestation;
(C) Land and Structure Regulations:
1. Minimum parcel area: 10 acres;
(D) Other Regulations:
1. All buildings and improvements, or substantial alterations of
natural conditions, are subject to Design Review in accordance with Sections 11
and 20.
Section 10-1-B: "A_2" Limited Agricultural Zone:
(A) Purposes:
This zone is established in order to:
Provide lands for outdoor recreational uses and all types of agricultural
activities, such as raising crops, fruits and animals, provided they do not
constitute a nuisance to adjoining properties;
Protect the watershed and preserve lands in their natural states;
Page 7
Sections 9, 10-1-A,
10-I-B
Create conditions conducive to a desirable rural environment, and
protect the zone from the encroachment of unrelated uses affecting the development
of vacant land and detrimental to existing uses;
(B) Uses Allol:ved by' Right:
1. All agricultural uses;
2. Processing of agricultural products, provided that no odor, gas,
fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference,
radioactive or waste material will be produced or emitted beyond the confines of
the property onto contiguous properties or onto the air or the llater courses to
an extent constituting a nuisance as determined by the Planning Commission; and
provided it does not constitute a physical hazard to persons or properties beyond
the confines of the property by reason of fire, explosion, or similar cause;
3. Stables, riding academies and dog kennels;
4. Golf courses, country clubs, tennis courts and similar non-commercial
recreational uses;
5. Parks and playgrounds;
(C) Land and Structure Regulations:
1. Minimum lot area: 7,500 square feet;
2. Maximum building coverage: 50%;
3. Minimum lot \-lidth: 60 feet;
4. Hinimum front yard: 25 feet;
5. Hinimum side yard: n feet;
u
6. Minimum rear yard: 20 per cent of the yard depth, or 25 feet,
l-lhicheve r is less;
7. Ha~{imum build ing he igh t : 30 feet; 2-1/2 stories;
8. All buildings, fences, structural alterations or other developments
visible from the exterior are subject to Design Review, in accordance with
Sections 11 and 20.
Section 10-2:
liAR II A~ricultural/nesidential Zone:
(A) Purposes:
This zone is established in order to:
Protect the watershed, precerve steep lands in their natural states and
provide for secluded houses with gardens;
Preserve lands suited for eventual development, pending proper scheduling
for the economical provision of utilities, streets, schools, recreation areas and
other necessary facilities at the time demand warrants it;
Provide lands for outdoor recreational uses and all types of agricultural
acitivities such as raising crops, fruits and animals, provided they do not constitute
a nuisance to adjoining properties;
Provide for the development of houses in areas served with limited
utilities and facilities;
Create conditions conducive to a desirable rural environment protected
from the encroachment of unrelated uses affecting the development of vacant land
and detrimental to existing residences, and limit the continuance of such uses in
existence in the area;
Encourage and provide a means for effectuating desirable and coordinated
development and conservation in the City of Tiburon which may feature variations in
siting, open spaces, park areas and varied dwelling types. The amenities and
compatibility of this zone are to be insured through adoption of a Master Plan and
Page 8
Sections 10-I-B,
10-2
Pr.ctse De'Nlopment Plan showing proper o'l"ien~tion, aesiJ:&ble de.s:i,gn and
architectural character and compatible residential land uses;
It is the intent of this ZGne to insure compliance with the Tiburon
General Plan and such Precise Plans that may be adopt~d and/or amendei from time
to time, and llith the intent and basic standards ef this ordinance, uhile allml1ing
some departures from the specific regulations which govern residential ulea in
other zones;
(B) Uses Allowed by Right:
1. Agricultural uses;
2. One family dwelling, one guest house;
3. One stable for not m0re than three horses, cows, or other hoofed
animals for each tll0 acres of land;
4. Providing room and b0ard for not more than one paying guest in a
single family dwelling;
(C) Land and Structure Regulations:
1. Minimum parcel area: 2 acres;
2. Minimum parcel area per d\lelling unit: 2 acres;
3. Hinimum parcel widths: 150 feet;
4. Uinimum yards: Front, 30 feet; Side, 20 feet; ~ar, 20'7. of the
depth of the lot or 25 feet, whichever is less;
5. tWx~ structure height: 30 feet; 2-1/2 stories;
CD) P~quirement of Master and Precise Development Plans:
The Land and Structure P~iulations set forth in subparagraph (C) shall
apply to the uses of all property in this zone until such time as a Master Plan
has been approved, as provided herein;
(E) Master Plan Filing and Approval:
An applicant desiring to develop land located in this zone for the uses
set forth in subparagraph (B), and which development does not propose to comply
in every respect with the Land and Structure Regulations contained in subparagraph
(C), shall submit a Master Plan to the Planninz Commission for approval, together
with a fee as specified in a schedule to be ad.pted by resolution of the City
Council. which said sum shall not be refundable. The Master flan shall not be
reviewed by the Commission until such fee il paid. The Master Plan and accompanying
text shall include information and material specified by the Planning Commission
as required for such Master Plans;
(F) The Planning Commission may approve and adopt the 14aster Plan by
resolution, provided that the facts submitted with the application and presented
to the Commission establish that:
1. The uses proposed will not be detr~ental to present and potential
surrounding uses, but will have a beneficial effect;
2. The lot design and street and highway alignment will assure safe
and adequate vehicular access to major thoroughfares and arterials. and to the
property;
3. Any exception from the standard ordinance requirements is warranted
by the design and amenities incorporated ift the Master Plan, in accord with the
policies of the Commission;
4. The area surreunding said pr.perty can be planned in coordination
and substantial compatibility with the preposed development;
5. The Master Plan is in confermance with the Tiburon General and
Precise Plans;
Page 9
Section 10-2
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~
VrJ
~,
6. ,lXistina. Q~ proposed utility services are ....uat. for the denaity
proposed;
(G)
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. :<t~;. .c'..aary flDd1ngs,
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(, )
Page 10
Sections 10-2. .10-3
(C) Land and Structure Regulations:
1. Minimum parcel area: 40,000 square feet;
2. Minimum parcel area per dwelling unit: 40,000 square feet;
3. Maximum building cove~age: 15%;
4. Minimum parcel width: 70 feet;
5. Minimum yards: Front, 30 feet; Side, 20 feet; Rear, 20% of the
depth of the lot or 25 feet, whichever is less;
6. Maximum building height: 30 feet; 2-1/2 stories.
Section lO-3-B: IIRO-2" Residential, Open Zone ~(half acre):
This zone shall have all the regulations of the IIRO-llI Residential, Open
Zone (one acre), except that the minimum parcel size is reduced to 20,000 square
feet, the min~um parcel width is reduced to SO feet, and the minimum side yard
is reduced to 15 feet.
Section 10-4:
"RP" Planned Single Familv Residential Zone:
(A) Purposes:
This zone is established in order to:
Provide for the development of single family residences in areas
feasibly served by utilities, streets, schools, recreation areas, and other
necessary facilities;
Create conditions conducive to a desirable residential environment,
protect it from the encroachment of unrelated uses affecting the development of
vacant land and detrimental to existing residences, and limit the continuance of
such uses in existence in the area;
Allow the development of clusters of single family houses in rough
terrain or in other situations ,~here the public interest does not require full
half-acre of land for each and every dwelling except as a density control;
Insure light, air, privacy and usable open spaces for residential
living, and freedom from traffic or fire dangers;
Provide for those facilities primarily serving the neighborhood and
serving it best by being located within it, providing such facilities are in
the appropriate locations, and in ha~ony uith the neighborhood;
(n) Uses Allowed by Right:
1. One family dwelling;
2. Condominiums or clusters of single family houses, attached or
detached;
3. Providing room and board for not more than one paying guest in
a single family d'tlelling;
(C) Land and Structure P&gulations:
None, e~;:cept that all proposed developments are subject to Design
Review, in accordance with Sections 11 and 20, with a density allowance of not
to exceed 2 dwellings per residential acre and a height of not to exceed 30 feet
or 2-1/2 stories.
Section 10-5:
"R111 Single Familv Residential Zone:
(A) Purposes:
This zone has the same purposes as the RO, Residential Open Zone,
except that because of the terrain, topography, density and availability of
services, it is desirable in certain areas to have a minimum lot size of 10,000
square feet;
Page 11
Sections 10-3, 10-3-n,
10-4, 10-5
(n) Uses Allowed by Right:
1. One family dwelling;
2. Providing room and board for not more than one paying guest in a
single family duelling;
3. 1151U~ ~~~1,.&t'~L~VllQ,
(C) Land and Structure Regulationc:
1. Minimum lot area: 10,000 square feet;
2. Hinimum lot per dwelling unit: 10,000 square feet;
3. MaJdmum building coverage: 30%;
4. Minimum lot width: 40 feet;
5. Uinimum yards: Front, 15 feet; Side, 8 feet; p.ear, 20% of the
depth of the lot or 25 feet, whichever is less;
6. Ha~dmum building height: 30 feet; 2-1/2 stories.
Section 10-6:
"R2" Tt110 Family P.esidential Zone:
(A) Purposes:
This zone is established in order to:
Provide for the development of duplexes and other types of residences
in areas properly located in relation to commercial and other residential areas
and where utilities, streets, schools, recreation areas and other necessary
fQtil~ties can feasibly serve a medium-population density;
Create conditions conducive to a desirable residential environment,
protect it from the encroachment of unrelated uses affecting the development of
vacant land and detrimental to existing resi~ences, and limit the continuance
of such uses in existence in the area;
Insure light, air, privacy and usable open spaces for residential
living and freedom from traffic or fire dangers;
Provide for those facilities primarily serving the neighborhood and
serving it best by being located 11ithin it, providing such facilities are in
the appropriate locations and in harmony with the neighborhood;
(B) Uses Alloued by Right:
1. One or two family dwellings;
2. Providing room and board for not more than one paying guest in .~
Sil.!1{. f4tllil:y dwelling;'
(C) Land and Structure Regulations:
l. Uinimum lot area: 7,500 square fee t ;
2. Hillimum lot area per dwelling unit:
3. Haximum build ing coverage: 35%;
4. Uinimum lot uidth: l~O feet;
3,750 square feet;
5. Minimum yards: Front, 15 feet; Side, 8 feet; Reor, 20% of the
depth of the lot or 25 feet, whichever is less;
6, Maximum building height: 30 feet; 2-1/2 stories;
7. An outdoor usable open space of not less than 375 square feet
with a minimum dimension of not less than 12 feet is required for each dwelling
unit.
Page 12
Sections 10-5, 10-6
Section 10-7:
"R3" Planned Hul ti-l!ar.lil V Residential Zone:
(A) Purposec:
Thie zone is established in o~de~ to:
Provide for the development of multi-family duellings in areas
properly located in relation to commercial and other residential areas, and
where utilities, streets, schools, recreation areas and other necessary
facilities can feasibly serve a high population density;
Create conditions conducive to a desirable residential environment,
protect it from the encroachment of unrelated uses affecting the development
of vacant land anci detrimental to existing residences, and limit the continuance
of such uses in e:dstence in the area;
Insure light, air, privacy and usable open spaces for residential
living and freedom from traffic or fire dangers;
Provide for those facilities primarily serving the neighborhood and
serving it best by being located llithin, providing such facilities are in the
appropriate locations, and in harmony l1ith the neighborhood;
(n) Uses Allowed by Right:
1. One or multi-family dwellings;
(C) Land and Structure Regulations:
1. Minimum lot area: 6,000 square feet;
2. Minimum parcel area per duelling unit: 3,500 square feet, or
l-1ith Design Review and approval, a minimum parcel area per duelling unit of
3,000 square feet may be allowed;
3. Maximum building coverage: 35%;
L~. Hinimum parcel width: 40 feet;
5. Hinimum yards: 8 feet l'1ith 5 feet additional for each story in
excess of t"O;
6. Wl.:dmum building height: 30 feet;
7. Design Review is requi~ed for all proposed developments in
accordance with Sections 11 and 20.
Section 10-8:
"pN' Professional/Administrative Zone:
(A) Purposes:
This zone is established in order to:
P~ovide for the development of office facilities in areas properly
located in relation to residential and commercial areas, and to the demand
for such facilities;
Create conditions conducive to a harmonious environment and pleasant
working conditions; protect it from the encroachment of unrelated uses affecting
the development of vacant land and detrimental to existing, properly located
offices, and limit the continuance of such unrelated uses in existence in these
areas;
Provide for properly planned accessory eating and drinking
establishments, and other related services;
(B) Uses Allmled by Right:
1. One or multi-family duellings;
2. Office, club or institution;
3. Services or research, provided that no odor, gaD, fumes, dust,
smoke, noise, vibrations, glare, heat, electrical interference, radioactive or
Page 13
Sections 10-7, 10-8
waste material will be produced OL emitted beyond the confines of the property
onto contiguous properties or into the air or the water courses to an extent
constituting a nuisance as determined by the Planning Commission; and provided
it does not constitute a physical hazard to persons or properties beyond the
confines of the property by reason of fire, explosion, or sfmilar cause;
(C) Land and Structure P~gulations:
1. Min~um lot area: 6,000 square feet;
2. }linimum lot area per dwelling unit or rental unit, 1,000 square
feet for each unit located on the first floor, 750 square feet for each unit
located above the first story;
3. r~ximum building coverage: 50%;
4. Minimum lot width: 50 feet;
5. Minimum yards: G feet;
6. Maximum building height: 30 feet; 2-1/2 stories;
7. All buildings, fences, structural alterations or other visible
from the exterior developments are subject to Design Review, in accordance with
Sections 11 and 20.
Section 10-9:
"cv" Villas;te Commercial Zone:
(A) Purposes:
This zone is established in order to:
Provide the land necessary for retail sale and services, entertainment
and other light commercial activities to serve the residents of the community and
visitors;
Provide for the development of commercial facilities concentrated in
well planned areas properly located in relation to access, topography and
residential areas;
Create conditions conducive to a convenient and desirable environment
for customers and employees, and protect it from the encroachment of objectionable
or dangerous uses or architecturally incompatible structures and those which
could be located in areas less suited for light commercial activities;
(B) Uses Alloued by Right:
1. Professional or business office, store, bank, studio, place of
entertainment, and new and used retail sale when fully enclosed in a building,
eating or drinking establishment, parking, retail service exclusive of automobile
sale or service;
2. Hulti-family dwelling, auove the first floor;
3. Place of worship and accesDory social activities;
4. School;
5~ 'Club or association;
(C) Land and Structure Regulations:
1. Minimum lot area: 6,000 square feet;
2. MaJcimum building coverage: 00%;
3. ~lm:imum building height: 30 feet; 2-1/2 stories;
4. All buildings, fences, structural alterations or other visible
from the exterior developments are subject to Design Review in accordance with
Sections 11 and 20.
Page 1l}
Sections 10-0, 10-9
Section 10-10:
"PD" Planned Development Zone:
(A) Purposes:
This zone is established in order to:
Provide ~he land necessary for planned development of mixed uses
subject to overall planning and design in accordance with the }wster and Precise
Development Plans therefor;
Provide temporary control of the development in an area while
detailed design and development s~udies are being made;
Encourage and provide a means for effectuating desirable and coordinated
development, redevelopment,~rehabilitation, and conservation in the City of
Tiburon which features variations in siting, mixed land uses, open spaces, park
and recreational areas, and varied dwelling types. The amenities and compatibility
of this zone are to be insured through adoption of a Master Plan and Precise
Development Plan showing proper orientation, desirable design and architectural
character and compatible land uses;
It is recognized that on the effective date of this ordinance,
detailed studies, plans and precise zoning lines will not be completed for all
areas of the City. Such temporary control shall be exercised to prevent any
changes in the use of land which may be inconsistent with the plans of the City
or the precise zoning being fonnulated;
It is not the intent or purpose of this regulation to open up areas
for development of usee which are not contemplated or proposed by the Tiburon
General Plan or Design Plans;
It is the intent of this zone to insure compliance with the Tiburon
General Plan and such Precise Plans that may be adopted and/or amended from
time to time, and l1ith the intent and basic standards of this ordinance, while
allowing departures from the specific regulations which govern uses. in the
other zones.
(B) Standards and Requirements for PD Zones:
All height, use, setbacks, area and density requirements shall be as
set forth in the development plans adopted pursuant to the provisions hereof,
except that no structure or building shall exceed a building height of thirty
(30) feet nor shall aggregate ground coverage by buildings be greater than
forty (40) per cent of the gross land area above mean sea level;
Subject to the provisions hereinabove stated, the standards of lot
area frontage and "idth, coverage, density, yards, building heights, and parking
for uses in a PD zone shall be the standards of the zone governing uses most
s~ilar in nature and function to the uses proposed in the PD zone. Exceptions
to these standards may be allowed when it can be demonstrated that such
exceptions 1I0uld result in a more desirable development and are uarranted in
terms of the relationship of the total proposed development with the Tiburon
General Plan and such other Precise and Sketch Plans as may have been duly
adopted;
(C) Requirement of ~laster and Precise Plans:
Prior to any land or road grading or subdivision of lands located in
a PO zone, or any ~provements being made thereon, a Master Plan shall be
submitted for the development of the said real property and no building permits
shall issue for improvements of any type on said land until a Precise Plan for
development has been approved as provided herein;
(D) Master Plan Filing and Approval:
An applicant desiring to develop land located in a PO zone shall
submit a Master Plan to the Planning Commission for approval, together with a
fee as specified in a schedule to be adopted by resolution of the City Council,
llhich said sum shall not be refundable. The Master Plan shall not be reviewed
by the Planning Commission until such fee is paid. The Commission's approval
shall be lfmited to the general acceptability of the land uses and densities
proposed and their interrelationship and shall not be construed to endorse
precise location of uses, configuration of parcels, or engineering feasibility.
Page 15
Section 10-10
The Master Plan and text shall be prepared and endorsed by a qualified urban
planner and shall include the follouing information presented in a general,
schematic fashion:
1. A topographic map of the subject property or properties, prepared
by a registered civil engineer or licensed land surveyor including metes and
bounds descriptions, and shmjing in accurate detail the topography, existing
buildings and existing land features and trees;
2. Proposed land uses, population analysis, densities and building
intensities;
3. Proposed circulation pattern, indicating both public and private
vehicular and pedestrian 'Jays, a traffic index for use in determining street
structural design, and estimated traffic generation, as it affects public
streets within and in the vicinity of the proposed development;
4. Proposed parks, playgrounds, school sites and other open spaces,
public and private;
5. ~~ere there is an established relationship to present and future
land use in surrounding areas or ~Jhere there are contiguous areas, both cases
being in the same o~~nership, the Master plan submitted shall encompass all
parcels;
6. Economic feasibility analysis of any commercial uses, if the
property is not zoned for stmilar commercial uses at the ttme of submittal of
the Master Plan;
7. An analysis of all public, quasi-public, recreational and
educational areas and facilities proposed in terms of their adequacy to meet
the projected needs;
3. A statement of provLsLons of ultimate ownership and maintenance
of all parts of the development, including streets, structures and. open spaces;
9. Preltminary report indicating provision for sto~ drainage,
sewage disposal and public utilities;
10. Delineation of development staging) if any;
(E) Action by Planning Commission and City Council on Master Plan:
The Planning Commission, after public hearing, may approve the
proposed llaster Plan) and the City Council, after public hearing) may by
ordinance approve ~he proposed Master Plan, provided they foll~~ the same
procedure in adopting the said ~laster Plan that they must under State law
follow in adopting a zoning ordinance and provided that the facts submitted
with the application and presented at the hearing establish that:
(a) the proposed Plan, or a given unit thereof, can be
substantially completed within four years of the approval of the Master Plan;
(b) that each individual unit of development) as well as
the total development, can exist as an independent unit capable of creating
an environment of sustained desirability and stability or that adequate
assurance will be provided that such objective will be attained; that the
uses proposed will not be detr~ental to present and ~otential surrounding
uses, but will have a beneficial effect;
(c) the streets and thoroughfares proposed are suitable
and adequate to carry anticipated traffic, and increased densities will not
genera~e traffic in such amounts as to overload the street network outside
the PO zone;
(d) any proposed commercial development can be justified
economically at the locations proposed to provide for adequate commercial
facilities of the types proposed;
(e) any exception from standard ordinance requirements is
warranted by the design ~~C :=~~ities incorporated in the Master Plan, in
accord ~~ith adopted policy of the Planning Commission and the City Council;
Page 16
Section 10-10
(f) the area surrounding said development can be planned and
zoned in coordina~ion and substantial compatibility with the proposed development;
(g) the Haster Plan is in conformance "lith the General and
Precise Plan of the City of Tiburon; and
(h) existing or proposed utility services are adequate for
the population densities proposed;
(F) Denial, Changes, and Abandonment or Plan:
(a) If from the facts presented the Planning Commission or
the City Council is unable to make the necessary findings, the application
shall be denied;
(b) In taking action, the Planning Commission and City Council
may deny the Master Plan as submitted, or may approve said plan and schedule
subject to specified amendments;
(c) Major changes in a Master Plan shall be considered the
same as the original adoption of the plan and the same procedure shall be
followed in making such changes as must be followed in the original adoption of
the Mas ter Plan;
(d) If no development has occurred to effectuate the Master
Plan within two years after the date it is approved, the City Council shall
review the action and if it determines that its approval should be revoked in
the public interest, it may, by ordinance, revoke approval of the Master Plan;
(e) Prior to the approval of the Precise Development Plan,
the applicant may 'lithdraw his request for approval of the Haste~ Plan and
thereupon approval of the Master Plan shall be revoked by the Planning Commission;
(G) Other r~quirements:
Underground utilities, including telephone and electric systems,
are required within the l~its of all PD zones. Appurtenances to these
systems which can be effectively screened may be excepted from this requirement
if the Planning Commission finds that such exemption will not violate the intent
or character of the proposed PO zone;
(H) Precise Development Plan Filing and Approval:
Subsequent to approval of the Master Plan, applicant shall submit to
the Planning Commission the Precise Development Plan and supporting evidence
and documents for review by the Development Administrator and the Director of
Public :lorks. Saitl Plan shall be in substantial conformance \-lith the approved
Haster Plan. In the enforcement of this section "substantial conformance"
shall be a dete~ination made by the City ~lanager after receiving written
reports from the Development Administrator and Director of Public Works;
The Precise Development Plan shall be prepared and endorsed by
qualified professional practitioners, including a licensed architect or
registered building designer, land surveyor or registered civil engineer, and
registered landscape architect. The Precise Development Plan shall consi&t of:
1. A topographic map of the subject property or properties, prepared
by a registered civil engineer or licensed land surveyor, including metes and
bounds descriptions, and showing in accurate detail the topography, existing
land features and trees;
2. A site plant showing in detail the design and location of all
functional use areas, such as parking areas, planting areas, recreation or
quiet areas, plazas; showing auto and pedestrian functional areas and
circulation; and shmling buildings and their relationship to said functional
areas;
3. A tabulation of the total land area and per cent thereof
designated for va~ious uses;
4. The number and type of dwelling units and tabulation of residential
densities, and est~ated residential population by type of dllelling unit;
s. Tabulation of floor areas and uses of non-residential buildings;
Page 17
Section 10-10
~
6. Building plans, including floor plans and exterior elevations;
7. Landscape plan showing type of ground surfacing, walls, fences,
shelters and the details thereof;
8. Planting plan showing location, number and name of all trees, shrubs,
and ground covers;
9. Construction plans of on-site grading and drainage;
10. Plans for the location, grades, widths and types of tmprovements
proposed for all on and off-site streets, driveways, parking areas, pedestrian ways
and utilities;
11. In addition, the Precise Development Plan shall be accompanied by:
(a) Statement indicatinG the st~ges of construction proposed for the
entire development;
(b) Statement of prov~s~ons for ultimate ownership of all parts of
development including streets, stru~tures and o~en spaces including suitable deed
covenants providing for continuing use of property for local open space purposes;
(c) Any additional drawings or information as may be required by the
Planning Commission;
The Precise Development Plan must be approved by resolution of both the
Planning Commission and the City Council;
Prior to the time of approving the Precise Development Plan, the City
Council shall make appropriate arrangements with the applicant to insure the
accomplishment of the public improvements and grants of easement or any other con-
ditions deemed necessary by the City Council to assure the accomplishment of
development in accordance with the approved Precise Development Plan. The Pcecise
Development Plan shall be subject to all conditions imposed and shall be excepted
from other provisions of this ordinance only to the extent specified;
(1) Use as of Right:
Notwithstanding anything contained elsewhere hereinabove, prior to the
approval of a Master Plan, or upon revocation of a previously approved Master Plan,
the land located within a PD zone shall be considered to be in an RP zone (Planned
Single Family Residential) and may be developed, as of right, by compliance with
the regulations governing the development of lands located in an RP zone.
Section 10-11:
"CG" General Commercial Zone:
(A) Purposes:
This zone is established in order to:
Provide the land necessar)' for ~.,holesa1e, bulk storage, industrial
services, manufacturing, processing, packing and other heavy commercial activities
to serve the community, and provide employment and income for its residents;
Provide for the development of heavy commercial, industrial and service
facilities concentrated in well planned areas properly located in relation to
utilities, access, topography and residential uses;
Create conditions conducive to a convenient and desirable working
environment, control the objectionable or dangerous effects of certain uses in the
community that may be detrimental to other areas, and protect the areas designated
under this zone against the encroachment of uses which could be better located in
areas less suited for heavy commercial activities;
(B) Uses Al1m~ed by Right:
1. Bulk storage, wholesale, packing, manufacturing, processing, services
or research, provided that no odor, gas, fumes, dust, smoke, noise, vibrations,
glare, heat, electrical interference, radioactive or waste material will be produced
oc emitted beyond the confio'" '" n-Fo.;, Dl'CpP-t'ty onto contiguous properties or into
tile air or the water conrses +-0 an extent const:f.t:ut:i.ng a nuisance as determined by
dle Plann:l";j COln~n:_:;;E:~..Ir., ~nd provic",,"'; it :loes L4U:': cOj,lstitute a physical hazard to
Pa",= 18
Sections 10-10,
10-11
persona or properti.. beyood t~ confines of the property by rea.oa of fire, explo8ion,
or a1a11ar ~~';!~J, .
<).. .
-.
but also subject to the foregoing
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Pale 19
Seetiona 10-11,
11
property values, and fencing and landscaping. The Board may require such conditions
to the approval of a site plan or design as may be necessary to protect the public
health, safety and welfare, and conform to the purposes of the zone regulations.
Section 12:
~:
No structure shall be constructed on any yard required by this ordinance unless
in compliance with all the following requirements:
(A) Zone regulations imposed on minimum parcel width shall not apply to a
parcel of record, or a parcel divided and .conveyed by valid deed, or written contract
of sale executed before the effective date of such provision made applicable to such
parcel; if such parcel has less than the minimum required width, the minimum side
yard required in all residential zones is reduced to 5 feet, provided that the
structure is not higher than one', and a half stories;
(B) An unenclosed and uncovered patio, terrace, sw~ing pool, stain~ay or
landing not higher than 3 feet above the natural ground level may be located on the
required yards. Cornice, eave, canopy, chimney, fire escape, unenclosed and
uncovered balcony, patio, terrace, stain~ay or landing and other similar projections
or overhangs higher than three feet above the natural ground level may extend into
the required yards to a distance of not more than two feet;
(C) A fence, wall or hedge not higher than 6 feet above the natural ground
level may be located in the required yard, provided that in all residential zones
such fence, wall or hedge is not higher than 3 feet above the natural ground level
on corner parcels fronting on two or more intersecting streets, between points on
such right-of-way 30 feet distant from their point of intersection;
(D) Detached accessory structure not higher than one story or 12 feet may be
located on the required rear yard;
(E) \~ere more than half the building sites along a street in one block in
the same zone have been improved with buildings, the req~ired front yard is the
average of the front yards in improved building sites, but not to exceed the minimum
required front yard in that zone.
Section 13:
Parkin~ and Loadins=
No structures shall be constructed unless open spaces for automobile parking
and 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 following
requirements:
(A) Provisions of this Section shall not apply to uses or buildings located
within a municipal parking district, or to uses in existence on a parcel at the
effective date of this ordinance. A new use, structure, addition or alteration on
such parcel shall be allowed only if it does not increase or create a parking
deficiency as determined in this section. Where such uses are unmanned, no space
need be provided;
(B) The required parking shall be provided on the parcel or contiguous lot
or parcel where the use is located. For non-residential uses, the required
parking may be provided on a parcel no farther than 300 feet from the boundaries
of the parcel where the use is located, providing that the parcel is under the
same ownership, within the City, in the same zone, or in a less restrictive zone,
and that no major thoroughfare lies between the use and any of the required parking.
The required loading 'shall be provided on the parcel where the use is located and
no farther than 20 feet from the building to be served;
(C) The layout of parking stalls, loading berths and parking aisles shall
comply with all the following requirements:
1. The required parking stalls, loading berths, and parking aisles
may not be located on any street right-of-way;
2. The required parking stalls, loading berths, and parking aisles,
if outdoors, may be located on the required side and rear yards, and within the
required front yards up to 3 feet from the street right-of-way;
3. Each loading berth shall have a minimum size of 12 feet by 35 feet
whether indoors or outdoors;
Page 20
Sections 11, 12,
13
4. Each parking stall and aisle shall have a minimum 8-foot vertical
clearance; each loading stall and access thereto sha11 have a min~um 15-foot
vertical clearance;
s. Each parking stall and loading berth shall have vehicular access to
the street, without passing over other parking stalls;
6. Each parking stall, except those serving one and two-family dwellings,
shall have vehicular access to the street without backing into it or into the stall;
an exit shall be provided in the direction of the traffic flow when parking stalls
are laid out at an angle of less than 900 with the aisle;
(D) Improvements listed belo~J shall be completed prior to the coomencement
of active use of the property:
1. Each parking stall Rnd aisle, except those accessory to one and two-
family dwellings, shall be graded, draine~ and surfaced so as to prevent dust, mud
or standing water, end shall be identified by pavement markings to the satisfaction
of the City Engineer;
2. Lighting giving a ground level illumination of I to 5-foot candles
shall be provided in a parking area during the time it is accessible to the public
after daylight; glare shall be shie!ded from contiguous residential buildings;
3. A minimum 4-foot high solid fence, wall or thick hedge shall be
permanently maintained between any residential zone and a parking area serving a
commercial use, where such area is contiguous to such a zone;
(E) The following minimum number of parking stalls shall be required to
serve the uses or buildings listed:
1. One or multi-family residence: one and a half for each dwelling unit
with a minimum of two required;
2. Rooming or boarding house, motel, hotel: one for each rental unit;
3. Hospital, sanitarium, rest home: one for each bed;
4. Place of assembly or worship, mortuary: one for each 4 seats of
maxtmum seating capacity;
5. Bowling establishment: 8 for each lane;
6. Eating or drinking establishment: one for each 4 seats of max~um
seating capacity;
7. Drive-in eating and drinking establishments: one for each 50 square
feet of floor area, plus one space for every 4 seats of maxtmum indoor and outdoor
seating capacity, with a minimum of 5 required;
8. Beauty shop, barber shop: 2 for each operating chair;
9. Retail sale: one for each 100 square feet of floor area, measured to
the nearest 100 feet;
10. Office, bank, studio, retail repair and service: one for each 200
square feet of floor area, measured to the nearest 200 sq. ft.;
11. Pool and billiard tables, golf driving ranges, pin ball machines,
and other indoor recreational uses: 2 for each recreational unit, such as table,
range or machine;
12. Miniature golf course: 2 for each hole;
13.
or research:
Bulk storage, wholesale, packing, manufacturing, processing, services
one for each employee on maxtmum \-1orking shift;
14. Multiple uses: shall be the sum of the requirements for each
individual use;
15. Harbor or marin~: one for each berth, slip or mooring;
(F) A minimum of one loading berth shall be required in addition to parking
Page 21
Sec tion 13
stalls for each 5,000 square feet of floor aree or part thereof to serve the
following uses of bui.ldings: office, bank, studio, retail sale. repair and service,
bull: 5torage ~ ~<lholesC'.le, pa.cl~il1g: sanufacturing, processing, services or research,
hospitp.l. sanitarium.
Section 14:
.?~~_e_~_ Area:
No buHding shaE be constructed 0:. a parce? or lot unless in compliance with
all the following area requirements;
(A) Provisions of this oL'dinznce j,mposed on minimun parcel area shall not
apply to a parcel of record or a parcel divided and conveyed by valid deed or
written contract of sale, executed b~fore the effective date of such provision
made applicable to such parcel;
(B) No parcel shall be reduc~d in area so as to be smaller than required by
thi~ ordinance~ nor shal~ it ba divide~ to create ?arcels sm~ller than required by
this ordinance; if e.lready less i:. djrr,~nEion or aren, it sha!.l not further be
reduced or c.ivided;
(C) TIle parcel Ghall hC7e thp. ~inimum area required by the zone regulations
for the particular zone. In, additior. to conlpliance llith the minirotUIn parcel area,
any parcel on which dwelling units or rental units are proposed shall also comply
with the mintmlun parcel area for each unit required by the zone regulations. An
increase i!l the number of slJch units existing on ;:I. parcel shall be allowed if
the parcel area rer unit can he met~ exclusive of land used or designed for other
than residential uses on the same parcel;
(D) The parcel shall further have the following minimu~ area requirements:
1. When the parcel is not served by a public sewer system, minimum area:
20.000 sq. ft.;
2. \~en the parc~l is not Rerved by a co~unity water system, minimlml
area: 20,000 sq, ft,;
3. When the parcel is not served by a public sewer system and is not
served by a community water Dystem~ ainimum area: 40,000 sq. ft.;
4. When the average natural slope of the parcel is over 15%p minimum
area as follows, in accordance with the slope: 15% to 20% slope, 10,000 sq. ft.;
20% to 25%, 15,000 sq. ft.; 25% to 30%, 20,000 sq. ft.; 30% to 35%,30,000 sq. ft.;
35% to 45%, 1 acre.
Section 15:
~on.~onfoI'!!!!E:R Uses and Structure~_:
(A) Provisions of this ordinance imposing regulations on uses or structures
shall not apply to a structure for which R building permit has been obtained and
is still valid at thp. time of the effective date of such provisions made applicable
to the parcel on which such structure is proposed or unde!' construction, providing
such structure compHes togith the regulations in effect at the time the building
permit was obtained. Non-confol~ing provisions shall appty to such structure after
its completion within the tim~ allowed by the Building Code;
(B) The lawful use of land o!' structure existing on the effective date of
any provision of thiD ordinai:1Ce applicE!.ble to such land or structure may be
continued as a lawful non"conforming us~ or stl'ue ture, although such use or structure
does not comply ,dth the pro'\'isions of this ordinance;
(C) Unless it is nade to comp:y in its entirety with the provisions of this
ordinance, a non-conformi.ng use may not be:
1. Expanded or moved to another location, and the structure devoted to
such use may not be structurally enlerged, altered or moved to another locationJ
but may be kept in good ~epair or ~y be structurally ~ltered if necessary for
publi~ safety;
2. Changed to another use;
3. Resumed if discontinued for any reason for a period of more than one
year;
4, Reinstalled an~ the structure devoted to such use may not be restored
page 22
Sections 13, 14" 15
or rebuilt if damaged .:;J: destroyed fo.." e.n? reason to the extent: of .\lore than ha:'.:!:
of its current replacement cost;
(D) Unless it is made to comply in its entirety with the provisions of this
ordinance, a non-conforming structure may not be:
1. Structurally enlarged, altered or moved to another location, but may
be kept in good repair or may be structurally altered if necessary for public safety;
2. Restored or rebuilt if damaged or destroyed for any reason to the
extent of more than half its current replacement cost;
(E) The foregoing provisions shall also apply to non-conforming uses in zones
hereafter changed and in zones hereafter established.
Section 16:
Administration:
The Planning Commission shall:
(A) Maintain a current, up-to-date General Plan for Tiburon;
(B) Supervise the administration of this ordinance;
(C) Adopt rules and procedures and Urban Design plans necessary or convenient
for the administration and review of conditional use permits, variances, petitions
and designs;
(D) Make recommendations to the Council upon amendments to zone boundaries
or to provisions of this ordinance;
(E) By resolution, on request or on its own initiative, adopt rules
tmplementing the general or zone regulations of this ordinance by:
1. Setting forth additional specific uses allowed by right and by
conc1i_tional \lse permit ,.,hich are, in the opinion of the Commission, similar or
accessory to those listed in the ordinance and conform to the purposes of,the zone
regulations;
2. Setting forth additional specific uses for which parking spaces are
required which are, in the opinion of the Commission, similar or accessory to those
listed in the ordinances requiring parking spaces;
3. Setting forth standards of odor, gas, fumes, dust, smoke, noise,
vibrations, glare, heat, electrical interference, radioactivity or waste allowable
beyond the confines of a property;
(F) The Planning Commission shall review and approve all master plans~
(G) The Development Administrator shall assist in the administration of
this ordinance by:
1. Processing and investigating all applications for conditional use
permits and variances or other procedures required by this ordinance;
2. Reviewing applications for building permits and other licenses
referred to it to determine their compliance with this ordinance.
Section 17:
Variances:
(A) 'rtle Board of Adjustments may grant a variance to authorize a specific
exception to arty regulation of this section in accordance with the procedure
specified in Section 18;
(B) The Boa.rd of Adjustments may grant a variance if it finds that the strict
adherence to a regulation may cause unnecessary hardship a.nd that all of the
following exist:
1. EJcceptional or extraordinary circumstances or conditions, not
resulting from any act of the OWner or B:pplicant, apply to the property and not
generally to other properties in the vicinity and the same zone; ,
2. The exception does not constitute a special prjvlle:8e inqm,~istent
with the limitations upon other properties in the vicinity and the same zone;
Page 23
Sections 15, 16, 17
30 The exception is the minimum necessary fOT the reasonable use of the
property;
4. The exception is not injurious to the neighborhood, is consistent
with the intent of this ordinance and with the purposes for such zone.
Section 18:
Use Permit and Variance Procedure:
The granting of conditional use permits and variances (referred to in this
Section as "permit") shall be in accordance with the following procedure:
(A) Application for a permit shall be 'filed with the Development Administrator
on a form furnished by said Aaministrator, accompanied by a site plan and a fee of
$40, no part of which may be ~efunded. If:hen the applicant is not the owner o~ the
property, the written authorizatio~ of the owner shall accompany the applica~ion.
The application shall not be accepted for filing by said department unless it .
conforms to the filin3 requirements established by the Commission. Requirements
that the applicant for a conditional use permit or variance be the owner or agent
of the property shall not apply to public utility companies or other agencies
with powers of eminent dom~in;
(B) The Develop~ent Administrator shall give not~ce of application aQd hearing
in a newspaper and by mailing postcards to all property owners within 300 fe~t of the
exterior boundaries of the subject property or to such owners as in his discretion
might be materially affected, using the ownerships, names and addresses from the
last-adopted tax roll. The notice shall state the name of the applicant, the
location of the property, the use or exception applied for, and the time and place
of the hearing. The failure of any property owner to receive the notice shall not
invalidate the proceedings. If the hearing is continued by the Board of Adjustments
and the time and place announced publicly at the time of adjournment of the hearing;
no furth~r notice is required;
(C) Within 55 days after the filing of a permit with the Development
Administrator, the Board of Adjustments shall hold a public hearing on the
application at a regular or special meeting of the Board of Adjustments. Failure
of the Board of Adjustments to make a decision on an application within 30 days
after the hearing shall constitute a denial of the permit, and the Development
Administrator shall certify such denial;
(D) The Board may require such terms or conditions to the granting of a
permit as it may ~eem necessary. Non-compliance with these terms or conditions
shall be a cause of revocation of such permit. Revisions to the terms or conditions
of a granted permit shall require a new permit;
(E) All permits granted by the Board shall expire and become null and void
one year after the date of granting such permit, unless the authorized use is
carried on or a building permit has been obtained for the structure requiring the
conditional use per~it or variance at the date of expiration;
(F) The permit shall run with the land unless othen~ise provided, and shall
be for an indefinite period of time, unless a specific time l~it is set forth;
(G) The permit shall become effective and be issued 15 days after the date
the Board of Adjustments granted the permit, unless an appeal has been filed, in
which case the permit shall not be issued until the granting of the permit is
affirmed on appeal;
(H) No application shall be reconsidered and no new application shall be
considered by the Board of Adjustments for a permit previously acted upon by the
Board of Adjustments within one year after the date of such action unless the
Board of Adjustments establishes that there has been a substantial change in the
circumstances under consideration in the original proceedings.
Section 19:
Appeals:
The final decision of the Commission on the merits of any app~ication before it,
unless the appeal procedure is elsewhere specifically provided fqr herein, may be
appealed to the Council by the applicant, or by any person directly and adversely
affected by said decision, in accordance with the following proce4ure;
,.) The appe~l shall be iiled with the Development Adm~nistr4t0r on a torm
f~rqished by said Administrator. within t4days afte~ t~e date ~f tne 4ecisi~n ot
theCp~ission. Such decision becomes final if an appeal is not tiled within the
time herein specified;
Page 24
Sections 17, 18, 19
(B) Within 5 days after the date of filing of the appeal, the Development
Administrator shall transmit the record on appeal to the City Clerk;
(C) Within 40 days after the filing of an appeal with the Development
Administrator, the Council shall hold a public hearing on the appeal at a regular
or special meeting of the Council. The City Council shall have authority to affirm,
reverse or modify the action of the Commission, based on the record on appeal and
the evidence received at the hearing on appeal. The Council's findings, decision
and action shall be final and conclusive.
Section 20:
Board of Ad;ustments and Board of Design Review:
A Board of Adjustments and a Board of Design Review are hereby established;
The Board of Adjustments shall hear and decide applications for use permits
where the zoning ordinance provides therefor and shall establish criteria for
determining such matters. In addition, the Board shall hear and decide all
applications for variances from the terms of the zoning ordinance;
The Board of Design Review shall have the function, duty and power to approve
or disapprove, or to approve subject to compliance with such modifications or
conditions as it may deem necessary to carry out the purpose of these regulations,
the architectural design and site plan of all proposed new buildings or structures
for which site plan and architectural approval are required. The Board of Design
Review shall impose such conditions as are necessary to carry out policies adopted
by the Planning Commission and by ordinance or resolution of the City Council;
The Boards shall also have the power in relation to their functions hereinabove
set forth:
(A) To interpret the meaning of the zoning ordinances of the City of Tiburon
when the meaning thereof is not clear and in such connection, to require a legal
opinion by the City Attorney when deemed necessary or desirable;
(B) To hear and decide appeals where it is alleged that there is error in
any order, requirements, decision or determination made by the City Engineer, the
Development Administrator, or the City Clerk in the administration of zoning and
building laws and regulations;
(C) To adopt all rules and procedures necessary or convenient for the
conduct of their business;
The regular members of each Board shall each consist of three (3) members of
the Planning Commission of the City of Tiburon, to be appointed by the Chairman
of the Planning Commission. The remaining members of the Planning Commission not
appointed to a particular Board shall be deemed to be an alternate member of that
Board and shall be appointed to serve in the absence of any regular members. The
Chairman and the Secretary of each Board shall be selected by the members of the
Board. The terms of the Board members shall be the same as, and run concurrently
with, their terms as members of the Planning Commission;
Any property owner desiring a permit, or site plan and architectural approval,
or a permit or approval concerning any matter over which the Board of Design Review
has jurisdiction shall file an application l~ith the Secretary of the Board or the
Development Administrator. Any property owner desiring to obtain a use permit or
a variance shall file an application with the Secretary of the Board of Adjustments
or Development Administrator. Any such application shall be in such form and shall
contain such information as the respective Boards may, from time to time, require.
Each Board may initiate a proceeding leading to the issuance of a permit by such
Board;
In the event either Board should disapprove or impose conditions upon the
approval of any application filed under the provisions of this ordinance and in
the event the applicant shall desire to challenge the action of either Board, the
applicant may, within fourteen (14) days after the date the decision of the Board
is rendered, file with the City Clerk a written appeal. The City Council, at its
next regular meeting which is not less than seven (7) days following receipt by
the City Clerk of an appeal hereunder, shall hear such evidence as may be
introduced concerning said appeal and make its findings and decision thereon. The
City Council shall have authority to affirm, reverse or modify the action of the
Board, and the findings, decision and action of the City Council shall be final
and conclusive;
In the event that a written appeal is not filed as provided in this and the
Page 25
Sections 19, 20
immediately-following section, the action of either Board shall be deemed final
and conclusive fifteen (15) days after the Board has rendered its decision;
In the event either Board approves any application filed hereunder, and
notwithstanding any provisions hereinabove to the contrary, any two (2) Councilmen
of the City of Tiburon or any five (5) property owners may challenge the said
action of either Board by filing a written notice of appeal with the City Clerk
within fifteen (15) days after the decision of the Board is rendered. In such
event, the City Council at its next regular meeting which is not less than seven
(7) days following receipt by the City Clerk of such appeal, shall hear such
evidence as may be introduced concerning said appeal and make its findings and
decision thereon. The City Council shall have authority to affirm, reverse or
modify the action of either Board, and the findings, decision and action of the
City Council shall be final and conclusive. The City Council may refer or remand
any appeal before it under this or the preceding section to the Planning Commission
for study and report.
Section 21:
Use Permits:
(A) The Board of Adjustments may grant a conditional use permit to authorize
a specific use and structure devoted to such use on a specific parcel within a zone
where such use is allowed by a conditional use permit, in accordance with the
procedure specified in Section 18;
(B) In considering an application for a conditional use, the Board of
Adjustments shall give due regard to the nature and condition of all adjacent uses
and structures, and in issuing a conditional use permit, the Board may impose such
requirements and conditions with respect to location, design, siting, maintenance
and operation of the use, in addition to those expressly provided in this ordinance
for the particular use, as may be necessary for the protection of adjacent properties
and in the public interest. Before issuing a conditional use permit the Board shall
determine that the establishment, maintenance and operation of a proposed conditional
use will not be detrimental to the health, safety, peace, morals, comfort, or general
welfare of persons or property in the vicinity or City and that the use be consistent
with provisions of the zone in which the use is sought;
(C) The procedure set forth in Section 18 shall constitute the filing procedure
relating to conditional use permits.
Section 22:
Uses Permitted in Any Zone:
The following uses may be permitted in any zone except lip" Park and Open Space
Zone, upon the granting of a use permit:
(A) Churches or other places used exclusively for religious worship;
(B) City, County, State and Federal enterprises, including buildings,
facilities and uses of departments or institutions thereof which are necessary or
advantageous to the general welfare of the community;
(C) Communication equipment buildings;
(D) Educational institutions, including schools, elementary, high, and
colleges;
(E) Hospitals;
(F) Institutio~s of a philanthropic or charitable nature;
(G) Libraries and museums;
(H) Public parks, playgrounds, golf courses, community buildings and country
clubs;
(I) Public utility or public service buildings, structures and uses;
(J) Radio, microwave and television transmitters and broadcasting stations,
including amateur and professional;
(K) Real estate tract offices;
(L) Non-profit membership clubs, civic clubs, veterans organizations.
Page 26
Sections 20, 21,
22
Section 23:
Uses Permitted in Sp~cifi~ Zones:
The following uses may be permitted in the zones herein indicated upon the
granting of a conditional use permit:
(A) Professional offices such as accountants, planners, architects, dentists,
lawyers, physicians and engineers in the "R2" and "RJ" zones;
(B) Storage of one or more unoccupied trailer(s) or boat(s) in the "CG" zone;
(C) Hospital, sanitarium, rest home, convalescent home, clinic, dispensary,
when in the "A2", IIPA", "eG" and "CVII zones;
(D) Eating or drinking establishment, limited new re~ail saie ot r~tail
service, if accessory to and in co'njunction with a motei or hotel, in the ;itiA11 zone;
(E) Gasoline service station, new and used a~tomobile sales and service, bulk
petroleum sale and underground storage in the "cv" zone;
(F) Bus or taxi station in the "c" zones;
(G) Place of entertainment or amusement and new and used retail sale when in
the open or partially open in the "cv" zone;
(H) Animal hospital and/or shelter in the "CGIl and IlCV" zones;
(1) Hotel or motel in the "PA" zone;
(J) Public utility structure, fire station, in "CVIl zone;
(K) Truck, bus, taxi, ferry or transit terminal in "CG" zone;
(L) Ya-:l:lt {:lYB ift lip" !!&h~.
Section 24:
Separability:
(A) Should any part or provision of this ordinance be declared by a court
of competent jurisdiction to be invalid or unconstitutional, such decision shall not
affect the validity of this ordinance as a whole or any part thereof other than the
part or provision so declared invalid or unconstitutional;
(B) Should the applicability of any provision of this ordinance to any parcel
of land or structure be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the applicability of such provision to other parcels
or structures.
Section 25:
Repeal:
(A) All ordinances of this City or parts or amendments thereof in conflict
with this ordinance, to the extent of such conflict and no further, are hereby
repealed.
Section 26:
Amendments:
(A) Amendments to this ordinance may be initiated by one of the following
procedures:
1. Resolution of intention of the Council;
2. Resolution of intention of the Commission;
3. Petition of an owner of property affected by the amendment;
Such petition shall be filed with the Commission on a form furnished by said
Commission, accompanied by a fee of $100, no part of which may be refunded;
(B) Within 55 days after the filing with the Commission of a resolution of
intent ton of the Council, or a petition of a property owner, the Commission shall
c9ns~der the pro~08ed amendment, set a tim~ and place for, a publiC' hearing ther~on
witp~n 30 days t~ereafter, and cause notice of ~uch hearing to be published one
t,ime in a regular i~sue of a newspaper of gener~l cireulatton ,in the City at least
~o d~ys before the date of hearing. The notic,e shall ,state the putpose of' th~
~ndment, or the location of the property affected and the change of zoning'
Page 27
Sectians 23, 24,
25, 26
classification sougnc, and the t1me and place of the hearing. If the hearing is
continued by the Commission, and the time and place announced publicly at the
time of adjournment of che hearing, no further notice is required;
(C) The Commission shall hold a public hearing on the proposed amendment at
a regular or special meeting of the Commission. Following the hearing, the
Commission shall cause a report on the proposed amendment to be filed with the
Council. Failure of the Commission to report within 40 days after the hearing,
except by consent of the party initiating the amendment, shall be deemed to be a
favorable recommendation of the proposed amendment;
(D) Upon receipt of the Commission's report, or upon expiration of such 40
days, the Council within 30 days thereafter shall hold a hearing on the proposed
amendment in accordance with the same procedure specified for the Commission.
Following this hearing, the Coun~il may adopt or reject the amendment or any part
thereof as set forth in the report of the Commission. Any modification by the
Council to the proposed amendment not set forth in the original resolution or
petition, or in the Commission's report, shall require a new resolution of intention
of the Council and the procedure specified above shall be followed;
(E) No petition shall be reconsidered and no new petition shall be considered
for any ordinance am8ndment previously acted upon by the Commission within a year
after the date of such action, unless the Commission establishes that there has
been a substantial change in the circQ~stances under consideration in the original
proceedings.
Section 27:
General Re~ulations:
(A) Applicability: Provisions of this Section shall apply in all zones
wherever the specified conditions exist. When these provisions conflict with the
zone regulations, the more restrictive provisions shall apply. Failure to comply
with these General Regulations is unlawful;
(B) Conflicts: This ordinance shall not be construed to reduce, annul, or
otherwise interfere with private easements, covenants or agreements provided,
however, that the provisions of this ordinance shall govern whenever they are
more restrictive;
(C) Enforcement:
1. The Development Administrator and other law enforcement agencies
of the City shall enforce the provisions of this ordinance;
2. No building permit shall be issued by the Development Administrator
for construction, demolition, alteration, addition to, or moving of a structure
unless such work would comply with the provisions of this ordinance, or a
conditional use permit or a variance is issued by the Board of Adjustments;
3. A permit or license issued by a municipal or other public agency
for a use or structure in violation of a provisions of the ordinance, except as
provided by conditional use permit, variance, or appeal, shall not constitute
authorization for such a violation or establish vested rights;
4. No permit shall be issued under the provisons of this ordinance
unless each lot or parcel to which said permit would apply is a legally created
separate lot or parcel of record as shown on the latest-adopted county tax roll
or as shown on a map of a recorded and approved subdivision;
5. No permit under the provisions of this ordinance shall be issued
unless, as to the land for which the permit is sought, there has been full
compliance with all ordinances, regulations and statutes applicable thereto,
including, but not limited to, the Subdivision Map Act, and applicable subdivision
and lot split ordinances and regulations;
(D) Abatement; The construction, alterations, addition to, or moving of
a structure, or the use of land or structure, in violation of the provisions of
this ordinance is unlawful and constitutes a public nuisance. The City Attorney,
upon order of the Council, shall immediately commence action for the abatement,
removal, restraining and enjoinment of such violation in the manner prescribed
by law. The remedies provided in this ordinance are cumulative and shall not
exclude other remedies for a violction of this ordinance as provided by other
laws or ordinances;
(E) Towers, Utility Lines:
Page 28
Sections 26, 27
1. Poles, ch~neys, towers (not containing any rooms), or s~ilar
structures, except signs and public utility structures, may extend above the
maximum allowed height, but not over 50 feet in any residential zone;
2. Overhead or underground public utility distribution or transmission
lines, poles or towers may be allowed in all zones without l~itation as to height
and without the necessity of first obtaining a conditional use permit, provided,
however, that the routes of all proposed overhead transmission lines shall be
approved by the Planning Commission prior to acquisition of rights-of-way therefor,
and that the appearance or design of proposed installations be approved by the
Planning Commission;
(F) Business and Professional Home Uses:
1. Professional office or studio, such as that of one architect,
artist, dentist, lawyer, musician, physician, teacher or realtor, is allowed in
all residential zones, providing instruction is not given to groups in excess of
4, concert and recitals are not held, and such use is carried on in the main
building by a resident of the building and incidental to the residential use
thereof, without changing the outward appearance of such building;
2. Customary home occupation, such as dressmaking or millinery, is
allowed in all residential zones, providing no display of goods is visible from
the outside of the property, such use is carried on in the main building by a
resident of the building and incidental to the residential use thereof, without
changing the external appearance of such building;
(G) Trailers, mobilehomes, boats, trucks and campers:
1. It shall be unlawful for any person to place, keep or maintain
trailers, mobilehomes, boats, trucks or campers in Tiburon for permanent residential
use. However, parking or storage of trailers, mobilehomes, boats and campers for
periods in excess of 72 hours are permitted in completely-enclosed structures or
when not plainly visible from any public right-oi-way fronting the property;
further provided that trucks used for pickup or delivery service or publ~c agency
or utility company vehicles on official business, or having gross weights of less
than 5,000 pounds (2-1/2 tons) may be kept, placed or maintained in residential
districts; and further provided that construction trailers used exclusively for
contractors' or workmen's accommodations and equipment are pennitted during the
construction of a lawful house or other structure without a use permit for a
period of not to exceed one (1) year, and thereafter only upon the granting of a
use permit in accordance with Section 18 hereof;
2. Trailers, mobilehomes, boats, trucks or campers lawfully located
within the City and used for residential purposes immediately prior to the effective
date of this Section may be maintained for six (6) months only after the effective
date hereof;
3. Notwithstanding the foregoing, nothing shall abridge the authority
of the Board of Adjustments to grant a use permit for dead storage of unoccupied
trailers or mobilehomes or campers in the "CG" zone, in accordance with Section 23
hereof.
Section 28:
Penalties:
Any person, firm or corporation violating or causing a violation of the
provisions of this ordinance or permitting such a violation on land or in a
structure owned, rented or controlled by him or it, is guilty of a misdemeanor,
and upon conviction 'thereof shall be punished by a fine not to exceed $500 or
by imprisonment in the County Jail for a term not to exceed 6 months or by both
such fine and imprisonment. Each day any such violation continues shall constitute
a separate offense punishable as provided herein.
Section 29:
Effec tive Date:
This Ordinance is to take effect and be in force at the expiration of
thirty (30) days from and after its passage, and before the expiration of
fifteen (15) days after its passage, the same shall be published with the names
Page 29
Sections 27, 28,
29
of the members voting for and against the same at least once in a newspaper
of general circulation published in the City of Tiburon.
PASSED AND ADOPTED at an adjourne~eeting of the City Council of the
City of Tiburon held on the 18th day of September , 1967, by the
following vote:
AYES:
COUNCILMEN: Drohan, Fanning, Hoffinire, Strawbridge
NOES:
COUNC ILMEN : None
ABSENT:
COUNCILMEN: Bremer
/s/ John S. Hoffmire, Jr.
JOHN S. HOFFMlRE, JR.
Mayor of the City of Tiburon
ATTEST:
Lawrence D. Rose
LAWRENCE D. ROSE
City Clerk
Page 30
Section 29