This title shall be known and cited as the "Zoning Ordinance of the town of Corte Madera."

(Ord. 785 § 3(b) (part), 1994)

This title is the primary tool for implementing the policies of the town of Corte Madera general plan, pursuant to provisions of the State Planning and Zoning Law and other applicable state and local requirements.

(Ord. 785 § 3(b) (part), 1994)

The zoning ordinance codified in this title is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity and general welfare. More specifically, the zoning ordinance is adopted to achieve the following objectives (in no particular order of importance):

(1)

To provide a precise guide for the physical development of the town in such a manner as to preserve its small town residential character, and, consistent with that objective, to achieve progressively the arrangement of land uses and open spaces depicted in the general plan;

(2)

To foster a harmonious, convenient, workable relationship among land uses;

(3)

To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions;

(4)

To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the town as a whole;

(5)

To prevent excessive population densities and overcrowding of the land with structures;

(6)

To promote a safe, effective traffic circulation system;

(7)

To require the provision of adequate off-street parking and truck-loading facilities;

(8)

To facilitate the appropriate location of community facilities;

(9)

To permit office, commercial and industrial activities in appropriate locations, in accordance with the general plan, to strengthen the town's economic base;

(10)

To preserve the natural beauty of the town's setting and ensure conservation of its scenic, recreation and wildlife resources, particularly the remaining open space, which form the basis of the town's outstanding quality of life;

(11)

To ensure that uses and structures enhance their sites and harmonize with the surrounding area;

(12)

To ensure that new development will not overtax existing utilities systems or community facilities or services or that, alternatively, provision is made to supplement existing utilities systems or community facilities or services where needed to accommodate new development;

(13)

To ensure that the present, unique character of the town's different neighborhoods is protected and enhanced;

(14)

To protect the town from risks from fire, earthquake, and other natural hazards.

(Ord. 785 § 3(b) (part), 1994)

The zoning ordinance shall consist of a zoning map designating certain districts and a set of regulations controlling the uses of land, the density of population, the height, bulk, locations and uses of structures, the open spaces around structures, the areas and dimensions of sites, the appearance of certain uses, structures and signs; requiring the provision of screening and landscaping, and off-street parking and off-street loading facilities; and controlling the location, number, size and illumination of signs. The designations, locations and boundaries of the districts or zones established, including overlay districts, and the number, shape and areas thereof, are delineated in the map entitled "Official Zoning Map of the town of Corte Madera," dated August, 1994, which map and all notations and information thereon are made a part of this zoning ordinance by this reference. The zoning map is on file in the planning department.

(Ord. 785 § 3(b) (part), 1994)

In their interpretation and application, maximum or minimum standards are not guaranteed to be allowed for development. No provision of this title is intended to repeal, abrogate, annul, impair or interfere with any existing ordinance of the town, except as is specifically repealed by adoption of this title; provided, that where this title imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open spaces around structures or greater areas or dimensions of sites, or greater restrictions on signs, than is imposed or required by an existing ordinance, this title shall control.

This title is not intended to abrogate, annul, impair or interfere with any deed restriction, covenant, easement or other agreement between parties; provided, that where this title imposes a greater restriction on the use of land or structures or the height or bulk of structures, or requires greater open spaces around structures or greater areas or dimensions of sites, or greater restrictions on signs than is imposed or required by deed restriction, covenant, easement or other agreement, this title shall control.

The requirements of this title are to be interpreted so that if a use or activity is not listed as permitted or conditionally permitted, then that use shall not be permitted.

(Ord. 785 § 3(b) (part), 1994)

Consistent with Chapter 1.04 of this Code, any person violating any of the provisions or failing to comply with any of the requirements of this title shall be guilty of an infraction.

(Ord. 785 § 3(b) (part), 1994)

Penalties for an infraction shall be as set forth in California Government Code Section 36900. Each person convicted may be deemed guilty of a separate offense for every day or portion of which any violation of this title is committed or permitted.

Costs of the abatement process may be recorded as a lien against the property, consistent with California Government Code Sections 25845(b) and (c). In addition, the town attorney shall, upon order of the town council, commence action or proceedings for the abatement, removal and enjoinment of any violation of this title in the manner provided by law.

(Ord. 785 § 3(b) (part), 1994)

For the purposes of this title, certain words and terms used herein are defined in Chapter 18.04, Definitions.

(1)

Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular, unless the natural construction of the wording indicates otherwise.

(2)

The word "shall" is mandatory and not discretionary.

(3)

The word "may" is permissive and leaves the action fully to the discretion of the town or other agency involved.

(Ord. 785 § 3(b) (part), 1994)

This title shall apply, insofar as legally permissible, to all property, including those rights-of-way designated on the Official Zoning Map of the town of Corte Madera, waterways, public utility poles, lines, and underground facilities for primary distribution systems within the incorporated limits of the town, whether owned by private persons, firms, corporations or organizations, property owned by the United States of America or any of its agencies, by the state or any of its agencies or political subdivisions, or by any local public agency. This section is subject to the following exceptions:

(a)

Section 18.36.125 shall govern town projects.

(b)

Title 22 shall apply to the following projects:

(1)

A multi-family or mixed-use housing development when a proposed development project requests permit streamlining in compliance with state law. The procedures for evaluating a qualifying project are outlined in Chapter 9 (Administration) of Title 22.

(2)

A housing development that meets the criteria of Section 65852.21(a) of the California Government Code shall comply with the requirements and development standards in Sections 18.31A.050 of this municipal code. The procedures and criteria for evaluating a qualifying project are described in Section 18.31A.060 of this municipal code.

(Ord. 785 § 3(b) (part), 1994; Ord. No. 999, § 4.A, 9-15-2020; Ord. No. 1013, § 6, 12-7-2021; Ord. No. 1015, § 8, 1-18-2022; Ord. No. 1025, § 6, 12-6-2022)

The town council shall set by resolution a schedule of fees for processing the various applications required by this title. All required fees shall be paid at the time of filing, and no processing shall commence until the fee is paid.

(Ord. 785 § 3(b) (part), 1994)

Notwithstanding any other provision of this title, nothing in this title shall permit, enable, endorse, allow, or make lawful any use that is in violation of any lawful federal or state statute or provision of the United States or California Constitution. No permit, entitlement, authorization, application, or approval shall be granted or approved, as the case may be, by any employee, officer or agent of the town for any use of real property that is in violation of any lawful federal or state statute or provision of the United States or California Constitution. Any use of real property located within the jurisdictional boundaries of the town that is conducted or maintained in violation of any lawful federal or state statute or provision of the United States or California Constitution shall constitute a violation of this title and shall be a public nuisance subject to abatement proceedings under this Code.

(Ord. 894 § 1, 2006)

(a)

All commercial cannabis activity is prohibited in every zoning district within the town.

(b)

Exception for cannabis delivery services provided by licensed businesses located outside of the town. Notwithstanding the prohibition in subdivision (a) above, delivery of cannabis or cannabis products from a business located outside the town is permitted subject to the conditions of Business and Professions Code § 26090, as amended from time to time. This section does not permit any temporary, persistent, or fixed physical presence used for commercial cannabis activities besides delivery vehicles in the active state of making a delivery to a specific person and location.

(Ord. No. 933, § 2, 11-20-2012; Ord. No. 987, § 4(Exh. A), 5-21-2019)