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Belvedere City Zoning Code

19.08 Definitions

“Building” means any structure designed for the shelter or housing of any person, animal or chattel. When a building is divided by division walls from the ground up without doors, each portion of such building so divided shall be deemed a separate building.

19.08.010 Definitions generally.

For the purposes of this Title, the following words and phrases shall have the meanings respectively ascribed to them by this Chapter. (Ord. 89-1 § 1, 1989.)

19.08.013 Abuts or abutting.

“Abuts or abutting” means having a common line, or separated only by a private street, alley, or easement. (Ord. 89-1 § 1, 1989.)

19.08.015 Accessory.

“Accessory” means customarily incidental, related, and subordinate to the principal legal use of the parcel or lot, and located on the same. (Ord. 89-1 § 1, 1989.)

19.08.020 Accessory building.

“Accessory building” means a subordinate building, the use of which is customarily incidental to that of the main building on the same lot, including any accessory building comprising an off-street parking space, any private greenhouse, or any guesthouse. (Ord. 89-1 § 1, 1989.)

19.08.030 Accessory use.

“Accessory use” means a use customarily incidental to the principal use of land or of a building located upon the same lot. (Ord. 89-1 § 1, 1989.)

19.08.035 Agent of owner.

“Agent of owner” means a 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 or option incorporating such authority to undertake the action which he is applying for permission to do within the jurisdiction of this Title. (Ord. 89-1 § 1, 1989.)

19.08.040 Agriculture.

“Agriculture” means:

A. Any of the following activities conducted for profit: the tilling of the soil, the raising of crops, horticulture, floriculture, viniculture, orcharding, farming, or operating any nursery, truck garden or greenhouse; or

B. Any of the following activities, whether or not conducted for profit: bee culture, dairying, poultry raising or animal husbandry, or operating any stable, slaughterhouse, fertilizer plant, boneyard, plant for reduction of animal matter, animal kennel or animal hospital. (Ord. 89-1 § 1, 1989.)

19.08.050 Alley.

“Alley” means any public way or public easement providing a secondary means of access to public or private property, or any private way providing a secondary means of access to more than five lots. (Ord. 89-1 § 1, 1989.)

19.08.060 Apartment.

“Apartment” means a room or suite of two or more rooms, including kitchen facilities, which is used or is suitable for use as a dwelling for one family. (Ord. 89-1 § 1, 1989.)

19.08.070 Apartment court.

“Apartment court” means two or more detached apartments or two-family dwellings or apartment houses, or any combination of any thereof, located on a single lot or on adjacent lots in a configuration which ignores lot lines and setback requirements under one ownership, together with all open spaces required by this Title. (Ord. 89-1 § 1, 1989.)

19.08.080 Apartment house.

“Apartment house” means a building containing three or more apartments, except that a motor court shall not be considered to be an apartment house. (Ord. 89-1 § 1, 1989.)

19.08.083 Applicant.

“Applicant” means the owner of a property on which a proposed project is located, or his agent, as designated by him in writing. (Ord. 89-1 § 1, 1989.)

19.08.085 Bed and breakfast.

“Bed and breakfast” means a residential dwelling unit offering lodging and partial or full board to overnight guests for payment. (Ord. 89-1 § 1, 1989.)

19.08.090 Block.

“Block” means any property so designated on an official map of the City, or of any part of the City, or of any subdivision thereof. (Ord. 89-1 § 1, 1989.)

19.08.100 Boarding house.

“Boarding house” means a building containing two or more sleeping rooms for hire with service of meals included. (Ord. 89-1 § 1, 1989.)

19.08.110 Building.

“Building” means any structure designed for the shelter or housing of any person, animal or chattel. When a building is divided by division walls from the ground up without doors, each portion of such building so divided shall be deemed a separate building. (Ord. 89-1 § 1, 1989.)

19.08.113 Building Code.

“Building Code” means the Uniform Building Code, edition and amendments as adopted by the City. (Ord. 89-1 § 1, 1989.)

19.08.115 Building site.

“Building site” means the 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 Title, having not less than the minimum area required under this Title 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 the ordinance codified in this Title is deemed to be a legal building site. (Ord. 89-1 § 1, 1989.)

19.08.117 Bungalow court.

“Bungalow court” means detached single-unit dwellings arranged around a common, shared courtyard that is wholly open to the street. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.120 Business.

“Business” means any use comprising the buying, selling, bartering or exchanging of any personal property or real property, or any interest therein, for profit or livelihood, or furnishing services of any kind (excepting personal or domestic services provided in or in connection with dwellings), including any retail or wholesale store, bank, printing shop, newspaper publishing shop, electric substation, telephone exchange, cleaning and dyeing agency (sponging and pressing only), laundry, restaurant, bar, cocktail lounge, passenger transportation terminal (other than an airport), public garage or gasoline service station, the ownership or management of any hospital, apartment house, apartment court, hotel or motor court or the renting or leasing of apartments in any apartment house or of rooms in any boarding house, rooming house, apartment court or motor court; excepting, however, any use included under the definition of “industry.” (Ord. 89-1 § 1, 1989.)

19.08.122 Carport.

“Carport” means an accessory structure or a portion of a main structure open on two or more sides designed for the storage or shelter of motor vehicles. (Ord. 89-1 § 1, 1989.)

19.08.124 City.

“City” means the City of Belvedere, state of California. (Ord. 89-1 § 1, 1989.)

19.08.126 City Clerk.

“City Clerk” means the City Clerk of the City of Belvedere, or his appointed deputy. (Ord. 89-1 § 1, 1989.)

19.08.127 Director of Planning and Building.

The titles “Director of Planning and Building,” “Planning Director,” “City Planner,” “Planning Manager,” and “Planning Consultant” mean the staff member of the City directly responsible to the City Manager for managing all planning functions, or any consultant hired to perform those duties. (Ord. 2016-5 § 2, 2016; Ord. 2013-2 § 23, 2013; Ord. 2006-8 § 3, 2006; Ord. 89-1 § 1, 1989.)

19.08.128 City Manager.

“City Manager” means the City Manager of the City of Belvedere, or his appointed deputy. (Ord. 89-1 § 1, 1989.)

19.08.129 Club.

“Club” means any association of persons for the promotion of some common object, including recreation, the members of which are admitted only on invitation and the chief activity of which is not conducted for profit. (Ord. 2011-5 § 3, 2011; Ord. 89-1 § 1, 1989.)

19.08.130 Commission.

“Commission” means the Planning Commission of the City of Belvedere. (Ord. 2011-5 § 3, 2011; Ord. 89-1 § 1, 1989.)

19.08.131 Common parking space.

“Common parking space” means unassigned parking spaces for use by guests, visitors, and residents. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.132 Community apartment.

“Community apartment” means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-5 § 3, 2011; Ord. 89-1 § 1, 1989. Formerly 19.08.131.)

19.08.133 Condominium.

“Condominium” is defined as set forth in Civil Code Section 783. Condominium, as used herein, includes “community apartment” and “stock cooperative,” but shall not apply to proposed commercial or industrial condominiums. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-5 § 3, 2011; Ord. 89-1 § 1, 1989. Formerly 19.08.132.)

19.08.134 Congregate housing.

“Congregate housing” means housing, usually for seniors, in a group setting that includes independent living and sleeping accommodations in conjunction with shared dining and recreational facilities. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-5 § 3, 2011; Ord. 2011-4 § 2, 2011. Formerly 19.08.133.)

19.08.135 Council.

“Council” means the City Council of the City of Belvedere. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.134.)

19.08.136 Deck.

“Deck” means a flat, floored, roofless structure adjoining any main building or accessory building. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.135.)

19.08.137 Demolition.

“Demolition,” for the purposes of this Title and Title 20, means the razing of a building, removal of a dwelling unit, or the removal of more than fifty percent of the total exterior wall and roof area from the grade up, including all exterior openings. Removing a residential second unit or converting a duplex into a single unit is considered a demolition. The following activities shall not be considered to be demolitions within the meaning of this definition: a retrofit (see Section 19.08.460); maintenance, repair and/or replacement of exterior surfaces, so long as the materials are consistent with the requirements of Section 20.04.140 “Materials and colors used;” and other maintenance efforts deemed by the Building and Planning Departments to be minor in nature and scope. It is the intent of this definition to ensure that all alterations to existing structures that are part of a major project for the remodel, alteration, construction, or repair of a home or accessory structure are reviewed by the City through a Design Review process, pursuant to Title 20 of the Belvedere Municipal Code. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-4 § 10, 2011; Ord. 2006-1 § 2, 2006; Ord. 2000-2 § 2, 2000; Ord. 98-3 § 2, 1998. Formerly 19.08.136.)

19.08.137.5 Depth.

“Depth” means the horizontal distance between the front and rear property lines of a site, measured in the mean direction of the side property lines, but not including the length of an access corridor on a flag lot. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.137.)

19.08.139 Dock.

“Dock” means any public or private facility for the berthing, loading or unloading of boats. (Ord. 2017-1 § 8, 2017; Ord. 89-1 § 1, 1989.)

19.08.140 Driveway.

“Driveway” means a private roadway serving three or fewer lots, and not necessarily meeting City standards for public streets. (Ord. 2017-1 § 8, 2017; Ord. 89-1 § 1, 1989.)

19.08.142 Dwelling.

“Dwelling” means any building or portion thereof which is designed for, or is occupied in whole or in part as, a permanent or transient residence for one or more families. (Ord. 2017-1 § 8, 2017; Ord. 89-1 § 1, 1989.)

19.08.150 Dwelling, multiple.

“Multiple dwelling” means any building containing three or more apartments, or used or designed as a residence for three or more families living independently from each other with separate kitchen facilities. (Ord. 89-1 § 1, 1989.)

19.08.160 Dwelling, single-family.

“Single-family dwelling” means a building containing one room or suite of two or more rooms, including kitchen facilities, which is used or is suitable for use as a dwelling for one family. (Ord. 89-1 § 1, 1989.)

19.08.165 Dwelling, townhouse.

“Townhouse dwelling” means a group of two or more attached units where each unit has its own front access and individual garage and no unit is located over another unit. This development type includes “fee simple” projects where each unit is separated by one or more common and fire-resistant walls and owners have fee simple title to the property. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.170 Dwelling, two-family or duplex.

“Two-family dwelling” or “duplex” means any building containing two apartments, or used or designed as a residence for two families living independently of each other with separate kitchen facilities. (Ord. 89-1 § 1, 1989.)

19.08.171 Emergency housing.

“Emergency housing” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay. (Sec. 50801(e), California Health and Safety Code.) (Ord. 2011-4 § 3, 2011.)

19.08.172 Emergency shelter.

“Emergency shelter” means a temporary, short-term residence providing housing with minimal supportive services for homeless persons where occupancy is limited to six months or less by a homeless person, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.174 Employee housing, large.

“Large employee housing” means housing consisting of more than thirty-six beds in group quarters used exclusively for employees working in the City or more than twelve units or spaces designed for use by a single family or household with one or more employees working in the City. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.176 Employee housing, small.

“Small employee housing” means housing serving no more than six employees working in the City and shall be deemed a single-family structure, pursuant to California Health and Safety Code Section 17021.5. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.180 Essential public service.

“Essential public service” means any activity relating to the furnishing of police, fire or health protection, postal service, or any governmental activity of the City, the County or any political subdivision or public district thereof, this state, the United States of America, or any agency thereof. (Ord. 89-1 § 1, 1989.)

19.08.190 Family.

“Family” means: (A) one or more persons occupying the same dwelling and living as a single housekeeping unit, including their workers, housekeepers or caregivers, and the spouse and children of any such employee, and as distinguished from a hotel, rooming house, etc. or (B) one or more individuals living together where the residents are a close group with social, economic and psychological commitments to each other and living together as a relatively permanent household. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989.)

19.08.191 Family day care center—Large.

“Large family day care center” means a child care provider, licensed by the State of California to provide care for more than eight children and up to and including 14 children. A large family daycare is operated with the written consent of the property owner when the family day care home is operated on property that is leased or rented. (Sec. 1597.465, California Health and Safety Code) (Ord. 2011-5 § 3, 2011; Ord. 2011-4 § 12, 2011.)

19.08.192 Family day care center—Small.

“Small family day care center” means a child care provider licensed by the State of California to provide care for more than six and up to eight children. A small family daycare is operated with the written consent of the property owner when the family day care home is operated on property that is leased or rented. (Sec. 1597.44, California Health and Safety Code.) (Ord. 2011-5 § 3, 2011; Ord. 2011-4 § 11, 2011.)

19.08.200 Fence.

“Fence” means any structural device permanently affixed to the ground, forming a physical barrier which divides or partitions open space or adjacent properties and includes a solid wall or hedge as defined in Section 8.28.020 of this Code, or any combination thereof. (Ord. 2018-7 § 2, 2018; Ord. 98-8 § 2, 1998; Ord. 89-1 § 1, 1989.)

19.08.201 Flag lot.

“Flag lot” means a lot with a narrow access strip connecting it to a public street. (Ord. 89-1 § 1, 1989.)

19.08.203 Floor area, gross.

“Gross floor area” means:

A. The sum of all enclosed or covered areas of each level of the building having a floor, measured to the exterior faces of the enclosing walls, columns or posts, but excluding the following:

1. Areas permanently open to the sky;

2. Exterior areas under roof eaves or other cantilevered overhangs;

3. Areas that are less than six feet (6') in clear height.

B. Areas with ceiling heights of 15 feet or greater shall be calculated as twice the floor area of areas with ceiling heights less than 15 feet.

C. Unless otherwise stipulated in this Title, the term “floor area” shall mean “gross floor area.” (Ord. 2006-8 § 2, 2006; Ord. 89-1 § 1, 1989.)

19.08.205 Floor area, net.

“Net floor area” means the gross floor area as defined in Section 19.08.203, less the following: toilets, building service and equipment rooms, storage rooms, parking and garage areas, unoccupiable roof penthouses used for equipment, service or exits, exterior unoccupiable areas, building circulation (stairs, elevators, lobbies, and permanently enclosed corridors that are not occupiable). (Ord. 89-1 § 1, 1989.)

19.08.210 Floor area ratio.

“Floor area ratio” means the ratio of the gross floor area of a building, to the area of the lot upon which such building is located. (Ord. 89-1 § 1, 1989.)

19.08.211 Footprint.

“Footprint” means all that area of a lot enclosed by building walls, columns, posts at the grade, excluding roof overhangs and eaves. (Ord. 89-1 § 1, 1989.)

19.08.213 Frontage.

“Frontage” means the property line of a lot abutting a street, right-of-way, alley, or private way. For a lot with two lines abutting streets, the side on which access to the property is taken shall be the frontage. (Ord. 89-1 § 1, 1989.)

19.08.215 Garage.

“Garage” means an accessory building or a portion of a main building, enclosed on three or more sides, designed for the shelter or storage of motor vehicles or boats. (Ord. 89-1 § 1, 1989.)

19.08.220 Gasoline service station.

“Gasoline service station” means any building and the use thereof for the retail distribution of gasoline or other motor fuels directly to automobiles or boats or planes and the services incidental thereto, including the sale of oils, greases, tires and batteries, and the greasing and washing of automobiles and the sale of minor accessories. (Ord. 89-1 § 1, 1989.)

19.08.222 General plan.

“General plan” means the general plan of the City of Belvedere, as adopted and amended. (Ord. 89-1 § 1, 1989.)

19.08.224 Grade, Existing.

“Existing Grade” means the ground level existing prior to the commencement of any new work on the site. (Ord. 2015-3 Exhibit C, 2015; Ord. 2005-1 § 2, 2005; Ord. 89-1 § 1, 1989.)

19.08.226 Grade, Finished.

“Finished Grade” means the ground level existing at the completion of all work on the project. (Ord. 2015-3 Exhibit C, 2015; Ord. 89-1 § 1, 1989.)

19.08.228 Guest.

“Guest” means any person other than a member of a resident family who rents or occupies a room for sleeping purposes. (Ord. 89-1 § 1, 1989.)

19.08.230 Guesthouse.

“Guesthouse” means any dwelling comprising an accessory building, located on the same lot as the main building to which it is subordinate, for use by a member of the family or temporary and nonpaying guests, and not containing its own kitchen. (Ord. 89-1 § 1, 1989.)

19.08.240 Height.

This section defines the measurement of Height applicable to structures in each Zone as follows, subject to the maximum height limitations and requirements set forth in Belvedere Municipal Code Chapter 19.56.

A. “Height” when applied to a structure in the R-1L and R-2 Zones that is to undergo a “substantial improvement” as defined by applicable regulations of the Federal Emergency Management Agency, as may be amended from time to time, means the vertical distance between the highest point of the structure (excluding chimneys) to Base Flood Elevation plus one foot of freeboard as required by Chapter 16.20 of the Belvedere Municipal Code, unless otherwise allowed for in Section 19.56 of the Belvedere Municipal Code. Base Flood Elevation for the purposes of the Section shall be defined by applicable regulations of the Federal Emergency Management Agency, as may be amended from time to time. “Height” when applied to a structure in the R1-L and R-2 Zones that does not involve a “substantial improvement” is measured from Existing Grade.

B. “Height” when applied to a structure in the R1-W and R-3C Zones means the vertical distance from highest point of the structure (excluding chimneys) to the curb. Measurement from curb shall be from the midpoint of the curb located at the property Frontage, as defined in Section 19.08.213.

C. “Height” when applied to a structure in all other Zones means the vertical distance from the highest point of the structure (excluding chimneys) to Existing Grade as defined in Section 19.08.224. (Ord. 2019-1 § 3, 2019; Ord. 2015-3 Exhibit C, 2015; Ord. 89-1 § 1, 1989.)

19.08.245 Household pet.

“Household pet” means a domesticated animal normally allowed free access to the house, kept for company, security, or pleasure and bred for this purpose, such as a dog, cat, or bird, but not including related species normally found in the wild state. (Ord. 89-1 § 1, 1989.)

19.08.250 Hospital.

“Hospital” means any building in which any two or more sick, injured or infirm persons are housed or intended to be housed for medical, surgical or convalescent care for compensation, including any convalescent home, hospital with operating room, or sanitarium. (Ord. 89-1 § 1, 1989.)

19.08.260 Hotel.

“Hotel” means any building containing four or more sleeping rooms or apartments or any combination thereof for hire and a common kitchen and public dining room. (Ord. 89-1 § 1, 1989.)

19.08.262 Household.

See “Family.” (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.265 Improved street line.

“Improved street line” means the line contiguous with the edge of paving or the outside edge of the curbing or sidewalk, whichever, in each instance, is more distant from the centerline of the paved street. (Ord. 89-1 § 1, 1989.)

19.08.270 Industry.

“Industry” means the storage, repair, manufacture, assembly, preparation, compounding, spraying, processing, bottling, canning or treatment of any article, substance, product or commodity; railroad yards, shops, repair facilities or other activities relating to a railroad (excepting only a passenger transportation terminal); any airport or airplane storage or parking space; indoor or outdoor commercial theater; cleaning or dyeing plant; radio or television broadcasting or transmitting station; mortuary, crematorium, mausoleum or cemetery. (Ord. 89-1 § 1, 1989.)

19.08.280 Institution.

“Institution” means a public or semi-public facility, especially schools, churches, public government buildings, and other structures occupied and used by a government, religious, educational, or other similar organization. (Ord. 89-1 § 1, 1989.)

19.08.285 Kitchen.

“Kitchen” means a habitable space within a dwelling unit used or intended to be used for cooking of food or preparation of meals. Kitchens are required to meet Building Department standards for habitability, including a sink, refrigerator and a cooking appliance, or the capabilities of supporting a cooking appliance such as a counter, electrical receptacle, or gas outlet any of which is in near proximity to the sink and refrigerator. (Ord. 2008-4 § 3, 2008; Ord. 89-1 § 1, 1989.)

19.08.288 Landscaped area.

“Landscaped area” means the portion of a site containing planted areas and plant materials, including trees, shrubs, lawns, flower beds, and ground cover, together with decorative elements such as walks, benches, patios, terraces, water features, and the like, suitable for ornamenting or screening the site, or a use on the site. (Ord. 89-1 § 1, 1989.)

19.08.290 Lot.

“Lot” means a single parcel of land bounded by established lot lines as shown on the latest official map thereof on file with the County Recorder, or if divided after such filing, or if no map thereof is so filed, then as described in the deed of the last grantor of such lot. (Ord. 89-1 § 1, 1989.)

19.08.300 Lot area.

“Lot area” means the total area within the lot lines of any lot, including all portions of such lot in yards or between street lines and setback lines, excluding any portion of a lot serving as a public or private street or alley, or road, or common service drive; and further excluding any portion of a lot abutting on a street or alley which at the time of determination of the lot area of such lot is paved for any purpose other than exclusively for private purpose; and in the R-1L zone, further excluding any area which is underwater at summer-level high tide. (Ord. 92-8 § 1, 1992; Ord. 89-1 § 1, 1989.)

19.08.310 Lot coverage.

“Lot coverage” means the percentage of the total area of the lot which is covered by existing and proposed buildings and structures (excepting decks, parking spaces, pools and patios but only to the extent that such are permanently uncovered and outdoor and not expressly included by other provisions of this Title.) (Ord. 89-1 § 1, 1989.)

19.08.315 Lot line.

“Lot line” means any established division line between two lots or between any lot and any street or alley. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.320.)

19.08.317 Low barrier.

“Low barrier” means best practices to reduce barriers to entry to temporary living facilities for the homeless and pursuant to State housing law may include, but is not limited to, the following:

A. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

B. Pets;

C. The storage of possessions; and

D. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.319 Low barrier navigation center.

“Low barrier navigation center” means a housing-first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.322 Low-income family.

A “low income family” means a family whose income does not exceed eighty percent of the median family income for the County as defined by the County Planning Department, with adjustments for larger or smaller families, or a low income family as may be defined by the Marin County Housing Authority. (Ord. 89-1 § 1, 1989.)

19.08.323 Maintenance.

“Maintenance” means repair work on a structure, including painting, carpentry, glazing and the reinforcement or replacement of defective parts, including roofs, foundations, structural members, and the like, but not including an addition to or enlargement of the structure or living area. (Ord. 2011-5 § 3, 2011; Ord. 89-1 § 1, 1989.)

19.08.324 Major transit stop.

“Major transit stop” means a site containing any of the following: (A) an existing rail or bus rapid transit station, (B) a ferry terminal served by either a bus or rail transit service or (C) the intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.325 Manufactured housing.

“Manufactured home,” for the purposes of this Title, means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes modular homes, mobile homes and any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. (Sec. 5401 et seq., 42 USC; Sec 18007(a), California Health and Safety Code.) (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-5 § XX, 2011; Ord. 2011-4 § 4, 2011. Formerly 19.08.324.)

19.08.326 Master plan.

“Master plan” means a plan submitted by a property owner, or his agent, generally showing a proposed improvement of a property including the site plan, engineering data, building concepts and other information required by this Title. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.325.)

19.08.327 Ministerial approval.

“Ministerial approval” means an administrative approval of an entitlement or permit application that involves little or no discretion to determine whether development standards and other applicable requirements are met based on the facts presented in an application. Ministerial approvals may include use of a checklist or similar compliance procedure. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.328 Moderate-income family.

A “moderate income family” means a family whose income does not exceed one hundred twenty percent of the median family income for the County, as determined by the County Planning Department, with adjustments for smaller and larger families, or a moderate income family as may be defined by the Marin County Housing Authority. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.326.)

19.08.330 Motor court.

“Motor court” means any group of attached or detached rooms or apartments designed for use by or used by transient automobile tourists, including any auto court, auto camp, motel, bungalow auto court, apartment auto court or motor lodge. (Ord. 89-1 § 1, 1989.)

19.08.335 New structure.

“New structure” for purposes of this Title and Title 20 means an entirely new building from grade up, or new construction following the removal of more than fifty percent of the total exterior wall and roof area from the grade up, including all exterior openings. Notwithstanding the foregoing, the following activities shall not be considered to create new structures within the meaning of this definition: a retrofit (see Section 19.08.460); maintenance, repair and/or replacement of exterior surfaces, so long as the materials are consistent with the requirements of Section 20.04.140 “Materials and colors used;” and other maintenance efforts deemed by the Building and Planning Departments to be minor in nature and scope. It is the intent of this definition to ensure that all alterations to existing structures that are part of a major project for the remodel, alteration, construction, or repair of a home or accessory structure are reviewed by the City through a Design Review process, pursuant to Title 20 of the Belvedere Municipal Code. (Ord. 2006-1 § 3, 2006; Ord. 2000-2 § 3, 2000; Ord. 98-3 § 3, 1998.)

19.08.340 Nonconforming structure.

“Nonconforming structure” means a structure which was lawfully constructed but does not conform to existing requirements for the zone in which it is situated. (Ord. 89-1 § 1, 1989.)

19.08.350 Nonconforming use.

“Nonconforming use” means a lawfully established use of a building or structure or land that does not conform to the existing regulation for the zone in which it is situated. (Ord. 89-1 § 1, 1989.)

19.08.357 Nursery school/preschool.

“Nursery school” and “Preschool” mean a facility operated by a person, corporation or association in which full-day or part-day nonresident supervision, which may include developmental or educational activities, is provided for more than six children aged six years or younger. (Ord. 89-1 § 1, 1989.)

19.08.358 Objective standard.

“Objective standard” means a standard that involves no personal or subjective judgment by a public official or decision-making authority and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official or decision-maker prior to submittal of an application. This term includes “objective zoning standards,” “objective design standards,” and “objective subdivision standards.” (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.359 Office.

“Office” means a place where administrative work is done, services offered, or business transacted with only incidental handling of goods or products. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.358.)

19.08.360 Off-street parking facilities.

“Off-street parking facilities” means any such space or structure or portion of a structure designed for the parking of operable motor vehicles not as an accessory use. (Ord. 89-1 § 1, 1989.)

19.08.370 Off-street parking space.

“Off-street parking space” means any space on any lot, any detached accessory structure (including a private garage, carport or platform), or any portion of any main building designed and continuously available for the parking of operable motor vehicles as an accessory use. (Ord. 89-1 § 1, 1989.)

19.08.375 Open space.

“Open space” means the portion or portions of a parcel unoccupied or unobstructed by structures or development of any kind, except as provided by this Title. (Ord. 89-1 § 1, 1989.)

19.08.380 Outdoor advertising structure.

“Outdoor advertising structure” means any structure of any kind or character erected or maintained exclusively for the affixing thereto of any sign. (Ord. 89-1 § 1, 1989.)

19.08.381 Parcel.

“Parcel” means all contiguous land held by one owner. A parcel may or may not have frontage on a street, or may contain a street within it. (Ord. 89-1 § 1, 1989.)

19.08.382 Parking area.

“Parking area” means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access-drives, and related landscaped areas. (Ord. 89-1 § 1, 1989.)

19.08.385 Path.

“Path” means a paved walkway for pedestrian and/or bicycle use. (Ord. 2017-1 § 8, 2017; Ord. 89-1 § 1, 1989.)

19.08.390 Premises.

“Premises” means any land or buildings, or both or other improvements thereon. (Ord. 89-1 § 1, 1989.)

19.08.400 Private greenhouse.

“Private greenhouse” means a greenhouse, hothouse, glass house or lath house maintained for the use or enjoyment of a family. (Ord. 89-1 § 1, 1989.)

19.08.410 Private school.

“Private school” means any educational institution for the attendance at which an entrance fee or tuition fee is charged. (Ord. 89-1 § 1, 1989.)

19.08.420 Private way.

“Private way” means a thoroughfare or driveway providing a primary or secondary means of access to two or more lots and maintained solely by the owners of such lots. (Ord. 89-1 § 1, 1989.)

19.08.430 Profession.

“Profession” means the occupation of architect, artist, attorney at law, dentist, engineer, musician, physician, tutor or writer. (Ord. 89-1 § 1, 1989.)

19.08.435 Property line.

“Property line” means the boundary defining the ownership of any parcel of land, including a public right-of-way but not including a limit of ownership within a public right-of-way. (Ord. 89-1 § 1, 1989.)

19.08.440 Public building.

“Public building” means any building owned or occupied under lease by the United States of America, this State, or any county, city or political subdivision, or district of any thereof or any agency of any thereof. (Ord. 89-1 § 1, 1989.)

19.08.450 Public garage.

“Public garage” means any building or portion thereof (except an off-street parking space) used or designed for use for the storage, care, repair, renting or sale of automobiles. (Ord. 89-1 § 1, 1989.)

19.08.452 Public hearing.

“Public hearing” means any duly noticed hearing held subject to the provisions of this Title, for the purpose of obtaining public opinion and comment upon an application or other matter before the Planning Commission or City Council. (Ord. 89-1 § 1, 1989.)

19.08.454 Residence.

“Residence” means a building or portion thereof containing one dwelling unit designed for occupancy or occupied by one family. (Ord. 89-1 § 1, 1989.)

19.08.455 Residential care, general.

“General residential care” means a facility that is licensed by the State of California to provide living accommodations and twenty-four-hour, primarily nonmedical care and supervision for more than six persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This use type includes facilities that are operated for profit as well as those operated by public or nonprofit institutions, including hospices, nursing homes, convalescent facilities and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug abuse. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.456 Residential care, limited.

“Limited residential care” means a small-scale facility that is licensed by the State of California to provide living accommodations and twenty-four-hour, primarily nonmedical care and supervision for six or fewer persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. (Ord. 2024-01 § 3 (Exh. A), 2024.)

19.08.457 Residential or community care facility—Large.

“Large residential or community care facility” means a living facility for seven to twelve residents, excluding operators, licensed by the State of California, which provides 24-hour residential care and varying levels and intensities of medical or non-medical care, supervision, services or assistance to persons living in a residential setting. (Sec. 1502, California Health and Safety Code.) (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-4 § 5, 2011. Formerly 19.08.455.)

19.08.458 Residential or community care facility—Small.

“Small residential or community care facility” means a living facility for up to six residents, excluding operators, licensed by the State of California which provides 24-hour residential care and varying levels and intensities of medical or non-medical care, supervision, services or assistance to people living in a residential setting. (Sec. 1502, California Health and Safety Code.) (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-4 § 6, 2011. Formerly 19.08.456.)

19.08.459 Retail store.

“Retail store” means a business selling goods, wares, or merchandise directly to the ultimate consumer. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-5 § 3, 2011; Ord. 89-1 § 1, 1989. Formerly 19.08.457.)

19.08.460 Retrofit.

“Retrofit” for purposes of this Title and Title 20 means the modification or alteration of an existing structure for the purpose of bringing the structure into compliance with current building codes. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2000-2 § 4, 2000. Formerly 19.08.458.)

19.08.461 Rooming house.

“Rooming house” means a building containing two or more sleeping rooms for hire without the service of meals. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.460.)

19.08.465 Second kitchen.

“Second kitchen” means a kitchen, other than the principal kitchen, located on the same parcel of land, which is not part of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit and which can be separated from the principal residence. Second kitchens must be registered as a second kitchen pursuant to Sections 19.78.010 through 19.78.030. (Ord. 2017-1 § 14, 2017; Ord. 2008-4 § 3, 2008; Ord. 2003-4 § 4, 2003; Ord. 90-4 § 1, 1990; Ord. 89-1 § 1, 1989.)

19.08.475 Setback line.

“Setback line” means a line established within a lot by ordinance, deed or other restriction, between which line and the adjacent street, or alley, or nearest lot line the construction of any building, accessory building or other structure is prohibited or limited by this Title. (Ord. 89-1 § 1, 1989.)

19.08.477 Shopping center.

“Shopping center” means a complex consisting of independently- operated stores or shops developed under one comprehensive plan where the ground floor or shops generally have access directly to a sidewalk or parking lot, and where all stores and shops are served by a common parking lot. The recording of a condominium subdivision map shall not affect the status of a shopping center. (Ord. 89-1 § 1, 1989.)

19.08.478 Sidewalk.

“Sidewalk” means a paved walkway adjacent to a street or road. (Ord. 89-1 § 1, 1989.)

19.08.480 Sign.

“Sign” means any sign or device of any kind or character, and made of any material whatsoever, placed for outdoor advertising, identification or display purposes on the ground or on any building, outdoor advertising structure or other structure. (Ord. 89-1 § 1, 1989.)

19.08.481 Single-room occupancy.

“Single-room occupancy” means a residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, are rented to one- or two-person households for a weekly or monthly period of time. This use classification is distinct from supportive housing, transitional housing, and a hotel or motor court. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2011-4 § 7, 2011.)

19.08.482 Site area.

“Site area” means the total area included within the boundary lines of a site, exclusive of the area of access corridors or portions of the site within existing or planned street right-of-way lines. (Ord. 89-1 § 1, 1989.)

19.08.484 Slope.

“Slope” shall be determined according to the following formula:

S =

100 I L

A

Where S = average percent of slope; I = contour interval in feet; L = summation of length of all but one contour line in feet; A = area in square feet. The area used shall include the smallest rectangle which totally encloses the footprint of the building, and an extension of that rectangle to an area at least 10 horizontal feet upslope and downslope therefrom. The calculation of the average percent of slope shall be based upon an accurate topographical survey. (Ord. 89-1 § 1, 1989.)

19.08.490 Story.

“Story” means that portion of a building included between the lower surface of any floor and the lower surface of the next floor above it; or, if there is no floor above it, then the space between such floor and the ceiling next above it. If the lowest finished floor level directly above a basement or an unfinished space is more than six feet above the finished grade, such basement or unfinished space, whether open or enclosed, shall be considered a story. (Ord. 89-1 § 1, 1989.)

19.08.500 Street.

“Street” means either:

A. Any public thoroughfare which has been dedicated or deeded to the public or condemned for public use; or

B. Any private way providing a primary means of access to more than five lots. (Ord. 89-1 § 1, 1989.)

19.08.510 Street line.

“Street line” means the lot line between any public or private street or alley and any abutting lot. (Ord. 89-1 § 1, 1989.)

19.08.520 Structure.

“Structure” means anything constructed or erected, including any building, fence or wall, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground. (Ord. 89-1 § 1, 1989.)

19.08.521 Supportive housing.

“Supportive housing” means dwelling units with no limit on length of stay that are occupied by the target population as defined in Section 50675.14(b)(3)(A) of the California Health and Safety Code or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Act (Division 45 of the Welfare and Institutions Code), and that are linked to on-site or off-site services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community and where no on-site medical care is provided. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2014-3 § 2, 2014; Ord. 2011-4 § 8, 2011.)

19.08.522 Target population.

“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health condition, or individuals eligible for service provided pursuant to the Lanterman Developmental Disabilities Service Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individual exiting from institutional settings, veterans, and homeless people. (Sec. 65582(g), California Government Code.) (Ord. 2014-3 § 4, 2014.)

19.08.523 Trail.

“Trail” means an unpaved walkway. (Ord. 89-1 § 1, 1989.)

19.08.524 Trailer.

“Trailer” means any vehicle or structure constructed in such a manner as to permit occupancy as a sleeping quarters or the conduct of any trade or business, or so designed that it is or may be mounted on wheels and used as a conveyance, propelled or drawn by its own or other motive powers; this may include boats on trailers when used as described. (Ord. 89-1 § 1, 1989.)

19.08.525 Transitional housing.

“Transitional housing” means dwelling units configured as rental housing but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time, that shall be not less than six months from the beginning of assistance. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in Section 50675.2(h) of the California Health and Safety Code. Facilities may be linked to on-site or off-site supportive services designed to help residents gain skills needed to live independently. This classification includes domestic violence shelters. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 2014-3 § 5, 2014; Ord. 2011-4 § 9, 2011.)

19.08.527 Two-unit development.

“Two-unit development” means a development that proposes no more than two new units or proposes to add one new unit to one existing unit and that meets all the applicable criteria and standards set forth in Section 65589.5 of the California Government Code and Chapter 19.77. (Ord. 2022-10 § 6, 2023.)

19.08.530 Use.

“Use” means the purpose for which any building or structure or lot is designed or arranged, or for which it is or may be occupied or maintained. (Ord. 89-1 § 1, 1989.)

19.08.540 Use permit.

“Use Permit” means a permit issued after public hearing by the Planning Commission, for any of the uses or purposes for which such permits are required or permitted by the terms of this Title upon such conditions as are deemed necessary to secure the purposes of this Title. (Ord. 89-1 § 1, 1989.)

19.08.550 Variance.

“Variance” means a permit issued after public hearing by the Planning Commission, varying the strict application of any term, provision or condition of this Title, except where the granting of a variance is expressly prohibited. (Ord. 89-1 § 1, 1989.)

19.08.555 Width.

“Width” means the distance between the side property lines of a site measured in the mean direction of the front and rear property lines at the front yard setback line of the site. (Ord. 89-1 § 1, 1989.)

19.08.557 Workers’ quarters.

“Workers’ quarters” means a room or suite of rooms within or accessory to the main structure occupied by persons employed by the record owner to maintain the property or to care for the household or main dwelling, and which room(s) do not contain a kitchen. (Ord. 2024-01 § 3 (Exh. A), 2024; Ord. 89-1 § 1, 1989. Formerly 19.08.473.)

19.08.560 Yard.

“Yard” means any open space on a lot outside the building footprint, which open space is unoccupied and unobstructed from the ground upward, except as permitted under Section 19.48.190. (Ord. 89-1 § 1, 1989.)

19.08.570 Yard, front.

“Front yard” means a yard extending across the full width of the lot and measured from the front line of the lot to the front setback line. (Ord. 89-1 § 1, 1989.)

19.08.580 Yard, rear.

“Rear yard” means a yard extending across the full width of the lot and measured from the rear line of the lot to the rear setback line. (Ord. 89-1 § 1, 1989.)

19.08.590 Yard, side.

“Side yard” means a yard between a side line of the lot and the side yard setback line, extending from the front yard setback line to the rear yard setback line. Any lot line not a rear line or a front line shall be deemed a side line. (Ord. 89-1 § 1, 1989.)

19.08.600 Zone.

“Zone” means any portion of the City within which certain uses of land and buildings are permitted or prohibited and in which other buildings or land restrictions may be specified, as set forth in this Title. (Ord. 89-1 § 1, 1989.)