All regulations in this title pertaining to the districts established in Chapter 17.04 are subject to the general provisions, conditions and exceptions contained in this chapter.

(Ord. 481 § 7, 2003: Ord. 298 § 6.1, 1984).

A.

All uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of unique and special form as to make their use acceptable in any district under certain specific conditions, and therefore the authority for the location and operation of the uses designated herein shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.40.

The planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with the uses in surrounding areas:

1.

Damage or nuisance from noise, smoke, odor, dust, or vibration;

2.

Hazard from explosion, contamination or fire;

3.

Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles;

4.

Danger to public safety.

B.

The uses referred to in this section are as follows:

1.

Public buildings, schools, parks and other public recreational facilities, churches, and other semipublic uses. Public and private uses of school district property when the uses are, in the opinion of the planning commission, compatible with and not detrimental to the neighborhood in which the school district property is located;

2.

Hospitals, convalescent hospitals;

3.

Institutions of a philanthropic or charitable nature;

4.

Temporary uses of not more than forty-five days duration.

C.

Exceptions. Short-term fundraising events conducted by nonprofit organizations in private or public areas such as schools and parks, for not more than two (2) consecutive days and which could be constructed to be ancillary to the basic use of the area, are exempt from the requirement of a use permit.

(Ord. 298 § 6.2, 1984).

A.

Conditional Use in All Districts. Subject to obtaining a use permit pursuant to Chapter 17.40 of this title, public utility facilities shall be allowed in all districts; provided, however, that no use permit shall be required in any of the following cases:

1.

Where the public utility facilities are owned and/or operated by the city;

2.

Where regulation of the public utility by the city is preempted by federal or state law;

3.

Where the public utility facilities are being operated pursuant to a franchise or other form of operating agreement between the city and the public utility.

B.

Height Limit. The maximum height of public utility facilities shall be thirty-five (35) feet. The use permit may authorize this height to be exceeded when necessary to comply with clearance, safety, or operational requirements for utility lines and structures.

C.

Undergrounding of Utilities.

1.

As a condition to the granting of any permit or approval under this title for a development project, the city engineer may require that existing or proposed public utility facilities be placed underground, to the extent it is reasonably possible to do so. Where compliance with this subsection would cause undue hardship, the city engineer may waive the requirement for undergrounding but may require that facilities be installed in the building for future underground service.

2.

Public utility facilities that are not placed underground shall be screened from view with landscaping or fencing in a manner that will provide access to the facilities for meter reading, maintenance and repairs.

3.

Prior to the issuance of a building permit for construction of a new main structure which is not serviced by underground public utilities, the property owner shall execute a covenant running with the land, and enforceable by the city, whereby the owner waives the right to protest inclusion of the property within an underground utility district. Such agreement shall specifically reserve the right of the property owner to contest the nature or amount of assessments that may be levied by the underground utility district.

D.

Utility Meters. Public utility meters shall be enclosed or screened from view from any public area or adjacent properties, while preserving reasonable access for reading and maintenance by the utility company.

E.

Notwithstanding any other provision in this section, wireless telecommunications facilities shall be regulated exclusively by Section 17.32.032 of this chapter.

(Ord. 508 § 1, 2005; Ord. 481 § 8, 2003: Ord. 298 § 6.3, 1984).

A.

Purpose. The purpose of these regulations is to accommodate wireless telecommunication facilities in a manner which will not adversely impact surrounding uses and properties and is compatible with the community.

B.

Definitions. The following definitions shall be applicable to this section:

1.

"Minor modification" means any request for collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment at an existing facility that does not result in a substantial modification to the physical dimensions of the facility.

2.

"Existing facility" means any wireless telecommunications facility lawfully constructed and in operation at the time a request to modify said facility is made.

3.

"Residential district" means the following districts as shown on the city's zoning map: R-1 Residential district; R-2 Residential zoning district; R-3 Residential zoning district; R-BA Brisbane acres residential district; PD planned development district for the Northeast Ridge, and the site of any property located within the SCRO Southwest Bayshore commercial district having a residential structure existing or to be constructed thereon.

4.

"Substantial modification" means a modification to an existing facility that meets any of the following criteria:

a.

For wireless telecommunications towers outside of public rights-of-way, an increase in the height of the existing tower by more than ten percent (10%), or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for wireless telecommunications towers in the public rights-of-way and for all base stations, an increase in the height of the existing tower or base station by more than ten percent (10%) or ten feet, whichever is greater; or

b.

For wireless telecommunications towers outside of public rights-of-way, an appurtenance that protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for wireless telecommunications towers in the public rights-of-way and for all base stations, an appurtenance that protrudes from the edge of the structure more than six (6) feet; or

c.

Installation of more than four (4) cabinets;

d.

Any excavation or construction outside the structural footprint of the wireless telecommunications tower or base station;

e.

Defeats one or more of the existing concealment elements of the wireless telecommunications tower or base station; or

f.

Does not comply with conditions associated with the prior approval of construction or modification of the wireless telecommunications tower or base station, unless the non-compliance is due to a change that would otherwise not be defined as "substantial modification" as identified herein.

5.

"Wireless telecommunication facility" means a base station, tower, and associated transmission equipment (as those terms are defined in 47 Code of Federal Regulations, Section 1.40001(b)) established for the purpose of providing commercial wireless transmission of voice data, images or other information, including but not limited to radio, television, cellular phone service, personal communication service and paging services. Noncommercial antennas, radio and television signals, and noncommercial satellite dishes are excluded.

C.

Location Requirements.

1.

Prohibition. Wireless telecommunication facilities are prohibited in all of the following locations:

a.

All open space districts;

b.

All residential districts; and

c.

Any location within six hundred (600) feet from the nearest boundary of a residential district.

2.

Allowable Locations—Permits. New wireless telecommunication facilities or substantial modifications to existing facilities may be allowed at any location not subject to the prohibition set forth in subsection (C)(1) above, upon the granting of either an administrative permit by the zoning administrator or a use permit by the planning commission, as may be applicable. The administrative permit or use permit shall also constitute a design permit for the facility and a separate design permit shall not be required. The permit may be issued subject to any conditions or requirements deemed appropriate by the approving authority to mitigate potential impacts that may be caused by the proposed facility. Minor modifications are subject only to building permit approval.

3.

Existing Facilities. Wireless telecommunication facilities lawfully installed prior to the effective date of this section, within any location that would be prohibited under subsection (C)(1) above, shall be allowed to continue pursuant to the approval granted for such facilities and shall not be classified as nonconforming uses.

D.

Administrative Permit.

1.

Issuance of Administrative Permit by Zoning Administrator. Wireless telecommunication facilities that comply with the applicable development and operational standards set forth in subsection G of this section may be approved by an administrative permit granted by the zoning administrator under any of the following circumstances:

a.

Building or roof-mounted antenna;

b.

Antennae which are architecturally integrated with a building so as not to be recognized as antennae;

c.

Co-location of equipment to an existing approved support structure;

d.

Antennas mounted on other existing structures or similar replacement structures, such as water tanks, utility poles, light poles, or ball field lighting;

e.

A stealth facility constructed to appear as another object such as a tree, flag pole, or architectural feature;

f.

Expansion of an existing support structure up to a maximum height of seventy (70) feet, or the addition of dish antennae up to four (4) feet in diameter or whip antennae on existing support structures.

2.

Notice to Adjacent Property Owners. If the zoning administrator determines that an administrative permit should be granted, the zoning administrator shall give written notice of such intended decision to all persons shown on the latest adopted tax roll as owning property within three hundred (300) feet from the boundaries of the site on which the wireless telecommunication facilities will be located. The notice shall generally describe the nature, design and location of the proposed facilities and advise the property owners that they may submit written comments on the intended decision by a certain date, which shall be not less than ten (10) days from the date of mailing the notice. The notice shall also advise the property owners that they have the right to appeal a decision of the zoning administrator to the planning commission. The zoning administrator shall send a copy of the final decision on the application to each person who has submitted written comments within the time prescribed in the notice.

3.

Referral to Planning Commission. The zoning administration may refer any application to the planning commission for a decision thereon if the zoning administrator determines that the application does not, or may not, qualify for an administrative permit, or if there are special circumstances concerning the application that would justify a public hearing and consideration by the planning commission. An application referred by the zoning administrator to the planning commission shall be processed in accordance with the same procedure applicable to a use permit.

E.

Use Permit. A use permit granted by the planning commission pursuant to Chapter 17.40 of this title shall be required for any wireless telecommunication facility that does not qualify for a building permit or an administrative permit under subsections C and D of this section.

F.

Application Requirements. In addition to any other documents that must be furnished as part of the administrative permit or use permit application, the applicant shall also provide the following items:

1.

A photo simulation showing the appearance of the proposed facility where most prominent from public view.

2.

Documentation showing that alternative sites for the proposed facility were considered and the reasons for rejecting such sites.

3.

For use permit applications only, plans showing that the proposed facility has been designed for co-location of at least one other carrier, or if not, the reasons why a design for co-location cannot be used for that facility.

G.

Development and Operational Standards. All wireless telecommunication facilities subject to administrative or use permit approval shall comply with the following development and operational standards:

1.

Facilities shall be sited to minimize views from the public right-of-way and screened by buildings and/or trees where possible.

2.

Facilities shall not create an overconcentration of poles or visible equipment so as to avoid excessive visual impacts in localized areas.

3.

The height of antennae and support structures shall be limited to the minimum necessary to provide adequate coverage while avoiding the proliferation of additional facilities. However, an antenna or its support structure shall not exceed seventy (70) feet in height, unless a variance from this limitation is granted by the planning commission pursuant to Chapter 17.46 of this title.

4.

Where an equipment building accompanies the structure, it shall be designed, colored and textured to match adjacent buildings or screened from view. Landscaping may be required to screen views of the facility from the public right-of-way.

5.

Underground vaults may be required in order to mitigate physical, aesthetic, or safety considerations which cannot be otherwise mitigated.

6.

All facilities shall be designed to prevent unauthorized access.

7.

All new wireless telecommunication facilities shall be designed and operated in conformance with applicable American National Standards Institute (ANSI) standards and in compliance with all applicable Federal Communication Commission (FCC) standards.

8.

Support structures shall be either galvanized steel or painted to blend with their surroundings. Permitted dishes and antennae shall be galvanized steel or painted to match the existing building or support structure.

H.

Removal of Facilities. If a facility is abandoned or if the administrative permit or the use permit is revoked or becomes void, then the facility shall be removed.

(Ord. 508 § 2, 2005).

(Ord. No. 595, § 1, 5-21-15)

An agreement and declaration of restrictions to be enforceable by the city and to run with the land, whereby the owner acknowledges the existing land use of the property and that the construction of any additional dwelling units on the property is prohibited, shall be executed by the property owner prior to the issuance of a residential building permit or building permit revision which would result in either of the following:

A.

More than one kitchen, which is a room containing gas or electric utilities and a sink larger than one foot in any dimension suitable for food preparation purposes;

B.

Any room, including a garage, with all of the following:

1.

A minimum of seventy (70) square feet of floor space,

2.

Exterior access to the street without passage through the remainder of the dwelling unit, or interior access limited to a stairway, common hallway or entryway,

3.

Gas or electric utilities,

4.

Hot and cold water connections and wastewater outlet, other than adjacent to a toilet,

5.

Access to a toilet not through a common hallway or entryway.

(Ord. 384 § 6, 1993).

Trailers or motor homes shall be used for human habitation or occupied for living or sleeping quarters only when located within a licensed trailer park. Trailers, motor homes or boats maintained upon any lot, or parcel of land, other than the trailer park, shall comply with the following conditions:

A.

Such vehicle or boat shall not be maintained in any required front yard.

B.

Such vehicle or boat shall not be located closer than five (5) feet to any main building other than the owner's.

(Ord. 298 § 6.4, 1984).

A.

General Regulations. Fences, hedges and walls may be erected subject to the following conditions:

1.

Unless otherwise provided elsewhere in this title, fences, hedges and walls not exceeding six (6) feet in height may be constructed in any district within any required setback area, except as follows:

a.

Where the director of public works determines that visibility would be affected, the height of fences, hedges and walls shall be reduced to not less than three (3) feet.

b.

Chain-link fences shall not be constructed in or adjoining any R residential district, except as provided in subsections (B)(4) and (B)(5).

c.

Razor wire, barbed wire and similar materials with sharp edges or points shall not be used for fencing in any district, except as provided in subsection (B)(5). Other non-standard fencing materials may be similarly restricted per guidelines approved by the planning commission.

d.

As a condition of approval for properties subject to the San Bruno Mountain Area Habitat Conservation Plan, the planning commission shall restrict the height, location and/or design of fencing to maintain sufficient openness to allow passage of butterflies while remaining consistent with building code requirements.

2.

Where a fence is proposed to be constructed, or has been constructed, adjacent to city property, a boundary survey or other evidence of the location of the fence shall be submitted to the director of public works upon request if the director determines that a question exists as to whether the fence encroaches on public property.

3.

When construction of a fence impairs the visibility of address numbers on a house, such numbers shall be relocated with approval of the fire prevention officer.

B.

Exceptions.

1.

The community development director may approve retaining walls located in any required setback area having a height (as defined in Section 17.02.400) in excess of six (6) feet and falling within any one of the following categories:

a.

The surface of the retaining wall is treated with coloring, texture, architectural features, trelliswork, or other means that will visually divide the height of the retaining wall into horizontal sections of no more than six (6) feet.

b.

Water-conserving, non-invasive landscaping of sufficient size at maturity will be planted and maintained to provide screening so that no more than six (6) feet of the height of the retaining wall would remain visible.

c.

The retaining wall is located on a cut slope so that it is not readily visible from off the site.

2.

Fence heights may exceed six (6) feet through the addition of up to two (2) feet of wooden lattice on top within the required side and rear setbacks in the R-1, R-2, R-3, R-BA and NCRO-2 districts, but not within the front setback required per the district's development regulations.

3.

Metal rail-and-picket fences and black or dark green vinyl-coated chain-link fences not exceeding eight (8) feet in height may be constructed in the C-1, TC-1 and M-1 districts.

4.

Temporary chain-link demolition/construction barricades not exceeding eight (8) feet in height are permitted in all districts, subject to removal prior to final inspection.

5.

In the R-MHP district, fence heights may be constructed up to eight (8) feet along the mobile home park perimeter, except that fence heights may be constructed up to ten (10) feet along the mobile home park perimeter abutting a public right-of-way.

6.

All other exceptions to the general regulations set forth in subsection 17.32.050(A) shall require approval by the planning commission. Application for such exception shall be filed with the community development director and shall be accompanied by payment of a processing fee in such amount as established from time to time by resolution of the city council. The planning commission may grant the exception upon making all of the following findings:

a.

The exception is necessary by reason of unusual or special circumstances or conditions relating to the property in order to gain full use and enjoyment of the property.

b.

The proposed fence, hedge or wall will not create a safety hazard for pedestrians or vehicular traffic.

c.

The appearance of the fence, hedge or wall is compatible with the design, appearance and scale of the existing buildings and structures in the neighboring area.

(Ord. 483B § 2, 2003: Ord. 462 § 3, 2002: Ord. 298 § 6.5, 1984).

(Ord. No. 557, § 1, 4-4-11; Ord. No. 630, § 5, 12-6-18)

A.

Limitations on Substandard Lots.

1.

R-1, R-2 and R-3 Districts:

a.

A substandard lot of record, less than five thousand (5,000) square feet in area, shall be considered conforming for a single-family dwelling, if the lot was not owned in common with contiguous property in the same district on October 27, 1969.

b.

A property in the R-1 Residential District consisting of four (4) contiguous lots of record totaling at least nine thousand six hundred fifty (9,650) square feet that were owned in common on October 27, 1969, may be developed as two (2) sites, each consisting of one pair of contiguous lots.

c.

Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Chapter 16.12.

2.

Districts where multifamily or mixed-use development is permitted: A legal lot of record that does not meet the district minimum lot size may be developed as a housing development project as provided in the applicable district regulations and Government Code Section 65913.11.

3.

All Districts:

a.

In any district, a substandard lot may be developed under the exceptions provided in the applicable district regulations.

b.

Any substandard lot created through a parcel map, resubdivision or lot line adjustment approved by the city after October 27, 1969, shall be recognized as a standard lot.

B.

Urban Lot Split. A lot may be created and developed in the R-1 and R-BA districts that does not conform to the district lot area and dimension requirements, subject to the requirements of the Two-unit Development Residential Overlay District, as set forth in Chapter 17.05.

C.

Modification in Conjunction with Application for Tentative Map. The planning commission may approve an application for a modification to the lot dimension regulations set forth in Title 17, Zoning, for real property located in any subdivision proposed in compliance with Title 16, Subdivisions, subject to the following findings:

1.

The property is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider to fully conform to the regulations;

2.

Each lot or parcel subject to the modification will be capable of being developed in accordance with the other applicable provisions of the zoning ordinance; and

3.

The modification conforms with the spirit and purpose of this title.

C.

Lot Line Adjustment. In compliance with the procedures set forth in Chapter 16.32 of Title 16, Subdivisions, the planning director may approve a lot line adjustment that will not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of the zoning ordinance, even though the resulting parcels may not fully comply with the development regulations of the applicable zoning district.

D.

Elimination of Interior Lot Lines. A property owner may eliminate an interior lot line between record lots in common ownership through recordation of a declaration of merger signed by the property owner and acknowledged by the community development director.

(Ord. No. 575, § 7, 12-3-12; Ord. No. 695, § 6, 4-17-25)

A.

Chimneys which do not exceed three (3) feet in width or depth may exceed the height limit by no more than five (5) feet except as required to comply with the California Building Code.

B.

Where cupolas, flag poles, monuments, radio and other towers, water tanks, church steeples, mechanical appurtenances and similar structures are permitted in a district, height limits therefore may be exceeded upon the securing of a use permit. Wireless telecommunications facilities shall be subject to the height exception procedures set forth in Section 17.32.035.

C.

Rooftop solar energy systems may exceed the maximum building height limit of the applicable zoning district in accordance with the following procedures:

1.

Rooftop solar energy systems, including those for water heating as well as photovoltaic purposes, that do not extend more than twenty-four (24) inches above the roofline of the structure on which they are mounted, measured from the exterior roofing material to the highest point of the panel, are exempt from maximum building height limits in all zoning districts.

2.

Rooftop solar energy systems that extend more than twenty-four (24) inches above the roofline of the structure on which they are mounted, measured from the exterior roofing material to the highest point of the panel, may exceed the height limit through approval of an administrative permit by the zoning administrator. If the zoning administrator determines that the granting of the permit would not result in a specific adverse impact upon the public health and safety, the zoning administrator shall give written notice of the intended approval to property owners and occupants on both sides of, to the rear of and directly across the street from the site on which the system is proposed to be located. The notice shall generally describe the nature, design and location of the proposed system and advise the recipients that they may submit written comments on the intended decision by a certain date, which shall be not less than twenty-one (21) days from the date of mailing the notice. The notice shall also advise the recipients that they have the right to appeal a decision of the zoning administrator to the planning commission. The zoning administrator shall send a copy of the final decision on the application to each person who has submitted written comments within the time prescribed in the notice.

D.

Exceptions to the height limit to accommodate accessibility improvements (such as elevators) may be permitted pursuant to Section 17.32.080 of this chapter.

(Ord. 349 § 6, 1989: Ord. 298 § 6.6, 1984).

(Ord. No. 558, § 2, 4-4-11; Ord. No. 622, § 5, 11-16-17; Ord. No. 695, § 7, 4-17-25)

A.

Notwithstanding any other provision of this title, certain structures or portions thereof may extend into a front, rear or side setback area to the extent permitted by the following chart:

1.

Projections from a Building.

a.

Overhanging Architectural Features (Such as Eaves, Cornices Canopies, Rain Gutters and Downspouts).

b.

Cantilevered Windows No Greater Than Ten (10) Feet in Length That Do Not Include Any Floor Area (Such as Bay, Box, Bow, and Greenhouse Windows).

c.

Supported Decks, Cantilevered Decks and Balconies.

Modifications. The planning commission may approve a modification to the foregoing exceptions if there are not more than two (2) units on the site and the planning commission is able to make all of the following findings:

i.

The modification is necessary in order to gain access to the property or to the dwelling unit on the property.

ii.

The modification is necessary because of unusual or special circumstances relating to the configuration of the property.

iii.

The visual impacts of the modification have been minimized.

d.

Deck Railings within Setback Areas.

e.

Stairs, Ramps and Landings (That Are Open and Uncovered and Serve Buildings with No More Than Two Units).

Modifications. The planning commission may approve a modification to the foregoing exceptions for stairs, ramps and landings if there are not more than two units on the site and the planning commission is able to make all of the following findings:

i.

The modification is necessary in order to gain access to the property or to the dwelling unit on the property.

ii.

The modification is necessary because of unusual or special circumstances relating to the configuration of the property.

iii.

The visual impacts of the modification have been minimized.

The planning commission may also approve a modification to the foregoing exceptions as part of a design permit being granted for three (3) or more units on the site, if the commission is able to make all of the findings listed above.

f.

Accessibility Improvements (Such as Ramps). Exceptions to the setbacks to accommodate accessibility improvements may be permitted pursuant to Section 17.32.080 of this chapter.

2.

Small Free-Standing Structures.

a.

Small Accessory Buildings and Roofed Structures (Such as Gazebos, Greenhouses, Garden and Utility Sheds).

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for small accessory buildings and roofed structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:

i.

The modification will not result in overbuilding the site or result in the removal of significant greenscape.

ii.

The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.

iii.

The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

A building permit shall be required to construct or install any accessory structure for which a modification has been granted under this subsection.

b.

Unroofed and Openwork Roofed Garden Structures (Such as Arbors, Porticos, Trellises and Lath Houses).

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for unroofed and openwork roofed garden structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:

i.

The modification will not result in overbuilding the site or result in the removal of significant greenscape.

ii.

The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.

iii.

The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

3.

Miscellaneous Improvements.

a.

Garages and Carports and Parking Decks on Slopes of Fifteen Percent (15%) or Greater.

b.

Decorative Artwork, Ponds, Fountains and Similar Water Features, Not More Than Six (6) Feet in Height.

c.

Existing Permitted Garages or Accessory Buildings Converted into Accessory Dwelling Units.

4.

Accessory Dwelling Units.

a.

Exceptions to the setback requirements for detached accessory dwelling units shall be as established in Chapter 17.43.

b.

Attached accessory dwelling units within a principle or primary structure are subject to the setback exceptions contained within Section 17.32.070.

B.

The exceptions set forth in subsection A of this Section 17.32.070 shall not be construed to include chimney boxes, swimming pools and spas, exposed plumbing, or mechanical equipment such as heating and air conditioning units or pool pumps, and no exceptions to the setback requirements shall be permitted for any of these structures.

C.

Any structure, architectural feature, wall, or other improvement lawfully constructed within a setback area and constituting a nonconforming structure as defined in Section 17.02.560, may be allowed to continue in accordance with Chapter 17.38 of this title.

(Ord. 483B § 3, 2003: Ord. 483A § 1, 2003; Ord. 372 § 13, 1992: Ord. 349 § 7, 1989: Ord. 298 § 6.7, 1984).

(Ord. No. 576, § 5, 5-19-16; Ord. No. 615, § 3 2-2-17; Ord. No. 653, § 24, 10-15-20; Ord. No. 695, § 8, 4-17-25; Ord. No. 700, § 5, 10-2-25)

A.

Existing Development: Modifications or exceptions to the regulations set forth in Title 17 that are not otherwise addressed may be granted as reasonable accommodations for residential and non-residential improvements to existing development, when designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Such requests shall be granted by the planning director through a building permit, if the building permit application demonstrated that:

1.

The exception is necessary for current or future accessibility to the property or building by persons with disabilities and such accessibility cannot be addressed within either the applicable zoning district height limits or setbacks, or through other exceptions provided in this title.

2.

The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.

3.

The development was completed, including a final inspection, three or more years prior to the application for reasonable accommodation. Otherwise, the application for reasonable accommodation shall be considered as being for new development.

B.

New Development: Modifications or exceptions to the regulations set forth in Title 17 that are not otherwise addressed may be granted as reasonable accommodations for residential and non-residential development, when designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Such requests may be granted by the zoning administrator through application for an accessibility improvement permit, following the conduct of a hearing with ten (10) days' notice thereof being given to property owners and occupants on both sides of, to the rear of and directly across the street from the site. The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:

1.

The exception is necessary for current or future accessibility to the property or building by persons with disabilities and such accessibility cannot be addressed within either the applicable zoning district height limits or setbacks, or through other exceptions provided in this title.

2.

The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.

(Ord. No. 558, § 3, 4-4-11; Ord. No. 695, § 9, 4-17-25)

Whenever an official plan line has been established for any street or proposed street, yards required by this title shall be measured from such plan line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

(Ord. 298 § 6.9, 1984).

Editor's note— Ord. No. 575, § 8, adopted December 3, 2012, repealed § 17.32.100, which pertained to limitations on substandard lots and derived from Ord. 298, 1984.

Editor's note— Ord. No. 630, § 4, adopted December 6, 2018, repealed § 17.32.110, which pertained to mobile home parks and derived from Ord. No. 298, 1984 and Ord. No. 515, 2006.

Horses may be kept in any district except R-1, R-2, R-3, NCRO and SCRO-1, subject to the securing of a use permit as provided in Chapter 17.40.

(Ord. 298 § 6.13(A), 1984).

(Ord. No. 606, § 2, 4-21-16)

Horses may be kept and maintained in any allowed district as heretofore set forth, subject to the following general requirements, which may be modified in particular cases.

A.

The minimum lot area upon which any horse may be kept shall be one acre; and two (2) horses may be kept on such a parcel; one additional horse may be kept on each one-half (½) acre in addition to the one acre minimum.

B.

The minimum distance of a stable from any neighboring house existing at the time of issuance of the original permit shall be one hundred (100) feet.

C.

The minimum distance of the stables from the residence on the same lot shall be forty (40) feet.

D.

The minimum distance of a stable building from any property line shall be forty (40) feet.

E.

The minimum distance of a corral from any property line shall be twenty-five (25) feet.

(Ord. 298 § 6.13(B), 1984).

A.

All corrals shall be enclosed by a substantial fence.

B.

Stables shall be of Class 5 or better construction as defined in the city building code and, in addition, shall conform to the following requirements:

1.

The stable floor shall consist of a six-inch rock base on which is compacted not less than six (6) inches of clay.

2.

There shall be constructed a fly-tight metal or reinforced concrete manure bin with fly-tight tarpaulin. Manure shall be removed every three (3) days or may be stockpiled.

3.

Each stable shall contain a rat-proof, concrete, wire mesh or metal or plaster-lined feed room for the storage of feeds other than hay or alfalfa.

4.

Corrals shall be kept in a clean and sanitary manner and shall be thoroughly cleaned once a week. Under no circumstances shall manure be left in the corral furnishing a breeding place for flies and insects.

5.

Stable buildings shall be cleaned daily and periodically sprayed to prevent the breeding of flies and insects.

6.

It is declared to be a nuisance and it is unlawful to keep any horses on premises in an offensive, obnoxious or unsanitary condition.

(Ord. 298 § 6.13(C), 1984).

Every parcel of land upon which horses are maintained shall be well drained. The surface of all corrals and paddocks shall be graded so as to prevent the accumulation of storm or casual waters.

(Ord. 298 § 6.13(D), 1984).

A commercial stable is a stable operated for the hire of horses, or the boarding or training of horses that are owned by persons other than the operator of the stable; commercial stables shall in addition to the other provisions of this title conform to the following requirements:

A.

Minimum lot size shall be five (5) acres.

B.

The stable shall not be located closer than two hundred (200) feet from the nearest neighboring dwelling existing at the date of issuance of the permit.

C.

A stable shall not be located closer than one hundred twenty-five (125) feet from any property line.

D.

The minimum distance of a corral from any property line shall be seventy-five (75) feet.

E.

A commercial stable shall be under the full-time supervision of an attendant.

(Ord. 298 § 6.13(E), 1984).

The planning commission may add as conditions of a use permit additional rules and regulations to govern the location, maintenance and construction of corrals, stables and pastures.

(Ord. 298 § 6.13(F), 1984).

To encourage the use of solar energy systems, the systems shall be permitted to the extent that they conform to the regulations for structures contained in this chapter. Solar energy systems to be installed on the roof of an existing building may exceed the height limit through approval of an administrative permit by the zoning administrator in accordance with the process established in Section 17.32.060(C). Where the systems would not conform to the regulations for the district within which they would be located and no exceptions to those regulations are applicable, they shall be treated as conditional uses, subject to obtaining a use permit, which shall be approved, provided the establishment and use of the system would pose no threat to the public health and safety. Reasonable restrictions or conditions may be imposed, provided they do not significantly increase the cost of the system or significantly decrease its efficiency.

(Ord. 298 § 6.14, 1984).

(Ord. No. 606, § 3, 4-21-16)

A.

Equipment designed to receive satellite television signals for non-commercial use on residential structures may be permitted in all districts, subject to compliance with the provisions of subsections C and D of this section. Satellite television receivers intended for commercial use are permitted in all districts subject to obtaining a use permit.

B.

Such equipment may be placed on the roofs of structures only if the roof is constructed to be capable of supporting such equipment.

C.

Such equipment shall be set back at least ten (10) feet from any property line.

D.

The equipment shall be designed and located so as to minimize visual impact of the equipment from off the site.

(Ord. 298 § 6.15, 1984).

(Ord. No. 606, § 4, 4-21-16)

These facilities are not allowed in the city as either permitted or conditional uses. These facilities are felt to be appropriate only in commercial areas that clearly are separate from residential areas. Due to the small, compact nature of Brisbane, its commercial areas are in close proximity to residential areas.

(Ord. 298 § 6.16, 1984).

Grading permits to be issued by the director of public works/city engineer under Chapter 15.01 of this code shall be reviewed by the planning commission, at a noticed public hearing, as provided in Section 15.01.110.

(Ord. No. 579, § 2, 6-2-22)

Editor's note— Ord. No. 579, § 2, adopted June 2, 2022, repealed the former § 17.32.220 and enacted a new § 17.32.220 as set out herein. The former § 17.32.220 pertained to grading permit—when required and derived from Ord. 298 § 6.17, adopted in 1984; and Ord. No. 606, § 5, adopted April 21, 2016.

All building permit applications shall be reviewed consistent with the procedures and standards for floodplain management established in Chapter 15.56, Floodplain Management.

(Ord. 298 § 6.18, 1984).

(Ord. No. 606, § 6, 4-21-16)

A.

Occupancy of Incomplete Buildings. Prior to authorization of the occupancy of any building before its completion, the completion of landscaping or required off-street parking or any other physical development of the site constituting a required on-site or off-site component of project approval, the applicant shall file with the planning director a faithful performance bond executed by a corporate surety authorized to do business in California, or by cash deposited with the city, guaranteeing completion of the required improvements within sixty (60) days of occupancy. The amount of the bond shall be approved by the planning director to guarantee completion of the required work. The form of the bond shall be approved by the city attorney.

B.

Removal of Existing Structures. When a new structure on a lot is proposed and one or more uses or structures are contemplated or required to be removed in connection with developing the proposal, the applicant shall file with the planning director, prior to issuance of the building permit for the new structure, a faithful performance bond executed by a corporate surety authorized to do business in California, or by cash deposited with the city, guaranteeing removal of the existing use or structure within sixty (60) days of completion of the new structure. The amount of the bond shall be approved by the planning director as sufficient to accomplish the removal. The form of the bond shall be approved by the city attorney.

(Ord. 298 § 6.19, 1984).

Where landscaping is required, the applicant and property owner shall execute an agreement with the city for the continued maintenance of the landscaping. The agreement shall be executed prior to issuance of any city permits.

(Ord. 298 § 6.20, 1984).

A.

For purposes of this section, an "election sign" is a non-commercial sign of a political nature that directly relates to a candidate or to a ballot measure in an election conducted by a governmental entity and that is placed on property within the City of Brisbane.

B.

An election sign shall:

1.

Not exceed ten (10) square feet,

2.

Not exceed three (3) feet in height above the finished grade if the election sign is freestanding,

3.

Not create a site distance hazard for persons using the adjacent roadway,

4.

Be illuminated only by ambient lighting, and

5.

Be removed within five (5) days following the election by the person who placed the election sign or by the owner/occupant of the property on which the election sign has been placed.

C.

An election sign shall be placed on private property only with the consent of the private property owner and/or the occupant of the private property.

D.

An election sign shall not be placed on any utility poles nor on any public property or right-of-way except as follows:

1.

The southwest corner of the intersection of Monarch Drive and Mission Blue Drive; and

2.

The northernmost portion of the curve in Old County Road, directly opposite the Community Park signboard.

E.

For city council candidates and city ballot measures, each candidate or campaign committee chair shall sign a pledge to remove all election signs concerning the candidate/ballot measure following the election.

(Ord. No. 640, § 1, 7-18-19)