"Accessible unit" means a dwelling unit constructed to the disabled accessibility standards contained in Title 24 of the current State Energy Code, or other state requirement. At a minimum, such a unit shall be on grade or accessible by approved ramps or other devices, and shall be capable of conversion to fully disabled accessible standards.

(Ord. 785 § 3(b) (part), 1994)

"Accessory dwelling unit" shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time.

(Ord. No. 961, § 5, 12-6-2016; Ord. No. 992, § 5, 1-21-2020)

"Accessory structure" means a structure that is physically detached from, secondary and incidental to, and commonly associated with a primary structure or use on the same site. Accessory structures normally associated with a residential use property include, but are not limited to: garages; carports; studios; workshops; greenhouses (noncommercial); enclosed cabanas and pool houses; and storage sheds. Accessory structures normally associated with a nonresidential use property include, but are not limited to, garages; storage structures; workshops; and studios. An accessory structure shall not be located in a required front or side yard in any district.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1013, § 7, 12-7-2021)

"Accessory use" means a use of a building or site which is subordinate in area, extent and purpose to the principal use and which is necessary for the operation of the principal use.

(Ord. 785 § 3(b) (part), 1994)

"Addition" means any construction which increases the size of a building, such as a porch, attached garage or carport, or a new room or wing. An addition is a form of alteration. (See also "alteration.")

(Ord. 785 § 3(b) (part), 1994)

"Alcoholic beverage" means alcohol, spirits, liquor, beer, or any liquid or solid which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

(Ord. 785 § 3(b) (part), 1994)

"Alley" means a public way permanently reserved as a secondary means of access to abutting property.

(Ord. 785 § 3(b) (part), 1994)

"Alter" means to make a change in the supporting members of a structure, such as bearing walls, columns, beams or girders.

(Ord. 785 § 3(b) (part), 1994)

"Alteration" means any change, addition, or modification in construction or occupancy of an existing structure. (See also "structural alteration.")

(Ord. 785 § 3(b) (part), 1994)

"Amenity" means aesthetic or other characteristics of a development that increase its desirability to a community or its marketability to the public. It differs from development to development but may include such things as a unified building design, recreational facilities such as swimming pools or tennis courts, security systems, views, landscaping or tree preservation, or attractive site design.

(Ord. 785 § 3(b) (part), 1994)

"Amortization" means the process by which nonconforming uses and structures must be discontinued or made to conform to requirements of this title at the end of a specified period of time.

(Ord. 785 § 3(b) (part), 1994)

(See "multiple dwelling.")

(Ord. 785 § 3(b) (part), 1994)

"Basement" means any story where the floor level is more than four feet below grade for more than fifty percent of the total perimeter, or more than eight feet below grade at any point. (See also Figure 1 and definitions for "story" and "story, first.")

Figure 1

Basement

(Ord. 785 § 3(b) (part), 1994)

A bay window is a type of window that protrudes from the external wall of a building, creating a bay or alcove inside the room. The arrangement creates a panoramic view of the outside, allows more natural light to enter the room, and provides additional space within the room. Bay windows are often designed to extend beyond the exterior wall, forming a small nook or seating area inside.

(Ord. No. 1038, § 5, 7-16-2024)

"Bedroom" means any room or other space within a dwelling unit intended or designed to be used for sleeping purposes, including provisions for light, ventilation and egress.

(Ord. 785 § 3(b) (part), 1994)

"Bed and breakfast inn" means an owner-occupied dwelling unit where lodging, with or without meals, is provided for compensation. Adequate parking shall be provided, consistent with Chapter 18.20, Off-Street Parking and Loading.

(Ord. 785 § 3(b) (part), 1994)

"Buffer" means lands and/or barriers used to separate land uses or areas. Buffers can consist of open space and landscaped areas, as well as screening devices such as fences, walls, trees and shrubs, but do not normally include structures (see Figures 2 and 3). (Ord. 785 § 3(b) (part), 1994)

Figure 2

Buffer

Figure 3

Buffer

(Ord. No. 910, §§ 1, 2, 4-21-2009)

"Wetlands buffer" means a buffer area width, measured from the edge of the wetlands, which separates proposed development projects from existing wetlands. The buffer is intended to minimize or diminish the impacts of human activity which might be disruptive to wetlands, wildlife and plants.

(Ord. 785 § 3(b) (part), 1994)

"Buildable area" means the net space remaining on a parcel after subtracting portions of the parcel on which construction is not permitted.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1013, § 7, 12-7-2021)

"Building" means a structure consisting of one or more foundations, floors, walls, and roofs that surround an interior space, and may include exterior appurtenant structures including, but not limited to, porches and decks.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1013, § 7, 12-7-2021)

"Building code" means a set of regulations which establish minimum standards for building construction and usually means the Uniform Building Code, which is the code adopted by the town. (See also "Uniform Building Code.")

(Ord. 785 § 3(b) (part), 1994)

"Building envelope" means the space on a parcel within which structures are permitted to be built. (See Figure 3.)

(Ord. 785 § 3(b) (part), 1994)

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including, but not limited to, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means cannabis as defined by California Health and Safety Code Section 11018 and Business and Professions Code Section 26001(f), as amended from time to time. Any reference to cannabis or cannabis products shall include medicinal and adult use cannabis and medicinal and adult use cannabis products, unless otherwise specified. Cannabis or cannabis product does not mean industrial hemp as defined by Health and Safety Code Section 11018.5, as amended from time to time. Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

(Ord. No. 987, § 4(Exh. A), 5-21-2019)

"Carport" means an accessory structure or portion of a main structure, open on two or more sides, and designed for the storage of motor vehicles.

(Ord. 785 § 3(b) (part), 1994)

"Chapter" means a major division within a title of the Corte Madera Municipal Code. A chapter pertains to a particular subject area (for example, Chapter 18.22, Signs).

(Ord. 785 § 3(b) (part), 1994)

"Cluster development" means a development pattern in which structures and uses are grouped or "clustered" rather than spread evenly throughout a parcel. The remaining land may then be used for recreation, open space, or preservation of environmentally sensitive areas.

(Ord. 785 § 3(b) (part), 1994)

"Code" means the Corte Madera Municipal Code, which consists of a complete set of town ordinances, organized by subject matter.

(Ord. 785 § 3(b) (part), 1994)

"Commercial amusement device" means any game, including electronic or video games, available for temporary hire as a form of entertainment.

(Ord. 785 § 3(b) (part), 1994)

"Commercial cannabis activity" means a business or activity licensed under the Business and Professions Code, § 26001(k), as amended from time to time, including cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, and any other activities that may be licensed. "Commercial cannabis activity" includes both medicinal and adult use cannabis and cannabis products in accordance with Business & Professions Code § 26000(b), as amended from time to time. "Commercial cannabis activity" does not include personal uses allowed by Cal. Health and Safety Code §§ 11362.1 and 11362.2, as amended from time to time, or personal medicinal uses allowed by §§ 11362.765 and 11362.77, as amended from time to time.

(Ord. No. 987, § 4(Exh. A), 5-21-2019)

"Commercial recreation" means any establishment, activity, or use of a site, except for a nonprofit establishment, in which a fee is charged to provide space, services or facilities for individual or group use in the pursuit of any recreational purpose, including self-improvement groups.

(Ord. 785 § 3(b) (part), 1994)

"Conditional use" means a use which is not permitted by right in the zoning district in which it is located, but which may be authorized through procedures set forth in Chapter 18.26, Conditional Uses.

(Ord. 785 § 3(b) (part), 1994)

"Condominium" means an undivided interest in common with other purchasers in a portion of real property together with separate interest in space in a building known as a unit. The specific definition of condominium is found in California Civil Code Section 1351.

(Ord. 785 § 3(b) (part), 1994)

"Condominium conversion" means the change of ownership type from rental to ownership of an existing structure or structures having multiple residential or commercial units consistent with the requirements of Section 18.08.030. (See also "multiple houses.")

(Ord. 785 § 3(b) (part), 1994)

(See "lot coverage.")

(Ord. 785 § 3(b) (part), 1994)

"Day care center" means any establishment, activity or use of a site providing group day care services, including a day nursery, nursery school, play group or afternoon group, but not including a family day care home.

(Ord. 898 § 1, 2007: Ord. 785 § 3(b) (part), 1994)

"Deck" means a flat, floored, roofless structure adjoining any main building or accessory building.

(Ord. 785 § 3(b) (part), 1994)

"Deed restriction" means a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded as an encumbrance on the property.

(Ord. 785 § 3(b) (part), 1994)

"Density" means the number of dwelling units permitted per net area of land, usually described in acres.

(Ord. 785 § 3(b) (part), 1994)

"Density bonus" means an additional number of dwelling units allowed over the otherwise maximum density. A density bonus is granted for projects which qualify by meeting criteria specified by this title.

(Ord. 785 § 3(b) (part), 1994)

"Depth" means the average horizontal distance between the front and rear property lines of a site.

(Ord. 785 § 3(b) (part), 1994)

"Design review" means the discretionary regulatory activity governing the aesthetics and function of development.

(Ord. 785 § 3(b) (part), 1994)

"Development" means a range of activities, including, but not limited to, the division of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land. (See also California Government Code Section 65927.)

(Ord. 785 § 3(b) (part), 1994)

(See "zone.")

(Ord. 785 § 3(b) (part), 1994)

A driveway means a circular way upon which vehicles are driven to access the main property and/or an area which provides direct access from a street or road to a garage, carport and/or parking deck.

(Ord. 857 § 2, 2000)

"Dwelling" means a building or portion thereof designed for or occupied exclusively for residential purposes, including single-family, multiple dwellings, and multiple houses. May also be referred to as residential.

(Ord. 785 § 3(b) (part), 1994; Ord. No. 945, § 6, 1-20-2015)

Editor's note— Ord. No. 945, § 7, adopted Jan. 20, 2015, deleted § 18.04.205, which pertained to Multiple Dwellings and derived from [Ord. 785 § 3(b) part, 1994].

"Single-family dwelling" means a single dwelling unit, including supportive and transitional housing subject to the same restrictions for single-family dwellings.

(Ord. 785 § 3(b) (part), 1994; Ord. No. 945, § 8, 1-20-2015)

"Dwelling unit" means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, occupied by or intended for one household on a long-term basis.

(Ord. 785 § 3(b) (part), 1994; Ord. No. 961, § 5, 12-6-2016)

(Ord. No. 1013, § 7, 12-7-2021)

See "Accessory Dwelling Unit."

(Ord. 785 § 3(b) (part), 1994; Ord. No. 961, § 5, 12-6-2016)

"Affordable dwelling unit" means a dwelling unit affordable by a moderate-, low- or very low-income household.

(Ord. 877 § 4, 2003)

"Easement" means a grant of one or more property rights by the owner to, or for the use by, the public, a corporation or another person or entity.

(Ord. 785 § 3(b) (part), 1994)

"Eleemosynary" means of, relating to, or supported by charity.

(Ord. 785 § 3(b) (part), 1994)

"Emergency shelter" means housing with minimal supportive services for homeless persons that complies with Chapter 18.31B of this code and is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Emergency shelter" shall include, without limitation, a low barrier navigation center.

(Ord. No. 946, § 4, 1-20-2015)

(Ord. No. 1034, § 5, 6-4-2024)

"Encroachment" means private development on public land or public right-of-way such as grading, the erection of fences, driveways, decks and/or other structures.

(Ord. 785 § 3(b) (part), 1994)

"Family" means an individual or two or more persons related by blood, marriage or legal adoption, or a group of unrelated persons living as a single housekeeping unit.

(Ord. 785 § 3(b) (part), 1994)

"Family day care home" means a home which regularly provides care, protection and supervision of fourteen or fewer children in the provider's own home for periods of less than twenty-four hours per day, while the parents or guardians are away, and includes the following:

(1)

"Small family day care home" means a home which provides family day care to eight or fewer children, including children under the age of ten years, who reside at the home, as defined in Section 1597.44 of the California Health and Safety Code;

(2)

"Large family day care home" means a home which provides family day care to nine to fourteen children, inclusive, including children under the age of ten years who reside at the home, as defined in Section 1597.465 of the California Health and Safety Code.

(Ord. 898 § 2, 2007)

(See "floor area ratio.")

(Ord. 785 § 3(b) (part), 1994)

"Fence" means any artificially constructed structure of any material or combination of materials erected to enclose or screen areas of land.

(Ord. 785 § 3(b) (part), 1994)

"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source.

(Ord. 785 § 3(b) (part), 1994)

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the one hundred-year flood without cumulatively increasing the water surface elevation more than one foot at any point.

(Ord. 785 § 3(b) (part), 1994)

(a)

Except as provided in subsection (b), whenever used in this title "gross floor area" means the total enclosed area of all floors of a building measured to the outside face of the walls.

(b)

For the purpose of determining allowable floor area ratio (FAR) in the R-1 medium-density residential district "gross floor area" is defined in Section 18.08.220(g)(3). For the purpose of determining allowable floor area ratio (FAR) in the R-1-A low-density residential district "gross floor area" is defined in Section 18.08.320(g)(3).

(Ord. 900 § 1, 2007: Ord. 785 § 3(b) (part), 1994)

Figure 4

floor area ratio

(floor area ÷ net lot area)

(a)

Except as provided in subsection (b), whenever used in this title "FAR" means the gross floor area of all structures on a site, divided by the net area of land (see Figure 4).

(b)

Whenever applied to an R-1 medium-density residential district "FAR" is defined in Section 18.08.220(g). Whenever applied to an R-1-A low-density residential district "FAR" is defined in Section 18.08.320(g). (Ord. 900 § 2, 2007: Ord. 785 § 3(b) (part), 1994).

(Ord. No. 910, § 3, 4-21-2009)

"Frontage" and "front property line" means the property line that abuts on a street, or, for a corner lot, the shortest street-facing property line. On Christmas Tree Hill in the area of the Corte Madera Woods Subdivision, for planning purposes only, the front property line or any property line adjacent to an existing roadway, shall be determined to be located twenty feet from the centerline of the existing paved roadway, regardless of the extent of pavement. (See Figure 5.)

(Ord. 785 § 3(b) (part), 1994)

Figure 5

CHRISTMAS TREE HILL FRONT PROPERTY LINE & LOT AREA

"Garage" means an accessory building or portion of a main building, enclosed on three or more sides, designed for the shelter or storage of motor vehicles.

(Ord. 785 § 3(b) (part), 1994)

"Parking garage" means a building or part thereof used for the storage, parking or servicing of motor vehicles on a commercial basis or as part of a business enterprise.

(Ord. 785 § 3(b) (part), 1994)

"Repair garage" means a building or part thereof used for the repair, servicing or painting of motor vehicles.

(Ord. 785 § 3(b) (part), 1994)

"Finished grade" means, for purposes of building height or design review, the elevation(s) of the finished surface of the ground, paving, or sidewalk at the building perimeter. For purposes of determining whether a portion of a structure is a basement, first story, or higher story, finished grade is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building (see Figure 6). (Ord. 785 § 3(b) (part), 1994)

(Ord. No. 910, § 4, 4-21-2009)

"Natural grade" means the elevation of the ground, paving, or sidewalk occurring on a site prior to any construction or grading. Natural grade will be the elevation existing on January 1, 1986, as shown on the town's topographic maps. (See Figure 6.)

(Ord. 785 § 3(b) (part), 1994)

Figure 6

Grade, Finished and Natural

"Grandfathered" means a use of a structure or land which was lawfully established and maintained prior to the adoption of the zoning ordinance but which does not conform with the present regulations of the district. (See "nonconforming use.")

(Ord. 785 § 3(b) (part), 1994)

"Group home" means any federal, state or local health/welfare agency supervised or licensed family home, group care facility or similar facility which provides twenty-four-hour nonmedical care for six or fewer unrelated persons who are not handicapped but are in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment.

(Ord. 785 § 3(b) (part), 1994)

"Guest room" means a room or a portion of a room in a dwelling unit used by a paying guest, not containing separate kitchen facilities. (See definition of "kitchen.")

(Ord. 785 § 3(b) (part), 1994)

"Handicapped" means a person with: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment. Such term does not include current, illegal use of, or addiction to, a controlled substance.

(Ord. 785 § 3(b) (part), 1994)

"Hazardous materials or substances" means any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or being exposed to them.

(Ord. 785 § 3(b) (part), 1994)

"Headroom" means the vertical distance measured from the finished floor to the rafters of the ceiling.

(Ord. 785 § 3(b) (part), 1994)

"Hedge" means a boundary or border formed by a row of shrubs or trees.

(Ord. 785 § 3(b) (part), 1994)

"Height of a structure" means the distance from a point on the base plane to the point on the structure the greatest vertical distance above it. Base plane is an imaginary plane created at the perimeter of the structure at the finished grade. Maximum height is measured from the base plane to a second imaginary plane located parallel to the base plane and at the maximum height above it. (See Figure 7.) (Ord. 785 § 3(b) (part), 1994)

Figure 7

Building Height

(Ord. No. 910, §§ 5, 6, 4-21-2009)

"Historic district" means an area containing buildings or places in which historic events occurred, or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

(Ord. 785 § 3(b) (part), 1994)

"Historic preservation district" means one or more properties zoned H-P, containing structures and sites that meet the criteria listed in the "historic district" definition, or a collection of structures that individually may not be of major architectural or historic importance but, as a group, contribute to the overall historic and architectural character of the community.

(Ord. 785 § 3(b) (part), 1994)

"Home occupation" means an accessory use of a dwelling unit for gainful employment, involving the manufacture, provision or sale of goods and/or services in accord with the regulations prescribed in Section 18.08.030, and which does not alter the exterior of the property or affect the residential character of the neighborhood, but excluding a short-term rental in compliance with Chapter 5.34 (Short-Term Rental License).

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1031, § 3, 11-7-2023)

"Hotel" or "motel" means a building or part thereof containing completely furnished, individual guest rooms or suites, occupied on a transient basis, where lodging with or without meals is provided for compensation, with adequate parking.

(Ord. 785 § 3(b) (part), 1994)

"Low-income household" means a household earning between fifty and eighty percent of the median household income for Marin County, as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.

(Ord. 877 § 5, 2003)

"Moderate-income household" means a household earning between eighty and one hundred twenty percent of the median household income for Marin County, as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.

(Ord. 877 § 6, 2003)

"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 canary, but not including species which are not normally domesticated.

(Ord. 785 § 3(b) (part), 1994)

"Very low-income household" means a household earning less than fifty percent of the median household income for Marin County, as established annually by the U.S. Department of Housing and Urban Development (HUD), with adjustments for smaller and larger families.

(Ord. 877 § 7, 2003)

"Housing project, senior" means a residential development developed, substantially rehabilitated or substantially renovated for senior citizens. "Senior citizen" shall mean a person sixty-two years of age or older, or fifty-five years of age or older in a senior housing project.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1026, § 5, 1-17-2023)

"Supportive housing" shall have the same meaning as set forth in California Government Code Section 65582. Supportive housing shall be subject only to those restrictions that apply to other residential uses and dwelling types of the same type and in the same zone. (e.g. permits single-family supportive housing where single-family dwellings otherwise permitted and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a single-family dwelling. Also permits multiple dwelling supportive housing where multiple dwellings otherwise permitted and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a multiple dwellings. This definition does not permit single-family zoning requirements to be applied to multiple dwelling supportive units and vice versa).

(Ord. No. 945, § 4, 1-20-2015)

"Transitional housing" shall have the same meaning as set forth in California Government Code Section 65582. Transitional housing shall be subject only to those restrictions that apply to other residential uses and dwelling types of the same type and in the same zone. (e.g. permits single-family transitional housing where single-family dwellings otherwise permitted and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a single-family dwelling. Also permits multiple dwelling transitional housing where multiple dwellings are otherwise permitted and subject to the same maximum density, minimum lot size and maximum lot coverage, etc. applicable to a multiple dwellings. This definition does not permit single-family zoning requirements to be applied to multiple dwelling supportive units and vice versa).

(Ord. No. 945, § 5, 1-20-2015)

"Housing code" means the Uniform Housing Code, a set of regulations which establish minimum standards for existing housing units, recognizing that older housing units do not conform to modern building codes. The housing code provides for the conservation and rehabilitation of these existing housing units, covering fire, life and structural safety aspects.

(Ord. 785 § 3(b) (part), 1994)

"Inclusionary zoning" means regulations of a jurisdiction that provide housing for low- and moderate-income residents.

(Ord. 785 § 3(b) (part), 1994)

"Intensity" means the degree to which land is used. While frequently used synonymously with "density," "intensity" has a broader although less precise meaning, referring to levels of concentration or activity in residential, commercial, industrial, recreational, parking, or other areas.

(Ord. 785 § 3(b) (part), 1994)

"Heavy industry" means a use engaged in the basic processing or manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

(Ord. 785 § 3(b) (part), 1994)

"Light industry" means a use engaged in the manufacture, predominantly from previously prepared materials, or finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

(Ord. 785 § 3(b) (part), 1994)

"Junior accessory dwelling unit" shall have the same meaning as defined in California Government Code Section 65852.22, as amended from time to time.

(Ord. No. 962, § 5, 12-6-2016; Ord. No. 992, § 5, 1-21-2020)

"Hobby kennel" means the breeding, raising and/or maintaining of more than three adult dogs, cats or similar household pets, but not including boarding. An "adult household pet" is defined as one older than three months.

(Ord. 785 § 3(b) (part), 1994)

"Kitchen" means any portion of a structure with any combination of the following: sink, other than that appurtenant to a bathroom, food storage and preparation areas, refrigerator, stove, microwave oven, convection oven, cooking burners, or similar appliances which may reasonably be used for the preparation of food.

(Ord. 785 § 3(b) (part), 1994)

"Landscaped area" means the portion of a site containing planted areas and plant materials, including trees, shrubs, lawns, flower beds, and groundcover, 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. 785 § 3(b) (part), 1994)

"Liquor store" means any retail establishment whose principal use is the retail sale of alcoholic beverages to be consumed off-premises.

(Ord. 785 § 3(b) (part), 1994)

"Live entertainment" means the following activities where they occur as part of a commercial use more than once a year:

(1)

Bands or disc jockeys;

(2)

Performances by one or more persons, regardless of whether performances are compensated.

(Ord. 785 § 3(b) (part), 1994)

"Loading area" means the portion of a site developed for the loading or unloading of motor vehicles or trailers, including loading berths, aisles access drives, and related landscaped areas.

(Ord. 785 § 3(b) (part), 1994)

"Lot" means a parcel of subdivided land which is shown on a duly approved and recorded subdivision map, or is otherwise legally created.

(Ord. 785 § 3(b) (part), 1994)

"Corner lot" means a lot located at the intersection of two or more streets which have an angle of intersection of not more than one hundred thirty-five degrees. (See Figure 8.)

(Ord. 785 § 3(b) (part), 1994)

Figure 8

"Double frontage lot" means an interior lot having frontage on two parallel or approximately parallel streets. Also referred to as a "through lot." (See Figure 8.)

(Ord. 785 § 3(b) (part), 1994)

"Flag lot" means a lot with access provided to the bulk of the lot by means of a narrow corridor. On a flag lot, the line used for measuring the front setback shall be the lot line nearest the street and the interior lot line most parallel to and nearest the street. (See Figure 8.)

(Ord. 785 § 3(b) (part), 1994; Ord. No. 1038, § 5, 7-16-2024)

"Interior lot" means a lot other than a corner lot. (See Figure 8.)

(Ord. 785 § 3(b) (part), 1994)

"Key lot" means the first interior lot to the rear of a reversed corner lot. (See Figure 8.)

(Ord. 785 § 3(b) (part), 1994)

A "legal conforming lot" means a lot which meets all current zoning regulations.

(Ord. 785 § 3(b) (part), 1994)

A "nonconforming or substandard lot" means a lot or parcel of land that was lawfully created prior to the adoption of the ordinance codified in this title but which, under this title, does not conform to the dimensional standards of the district in which it is located.

(Ord. 785 § 3(b) (part), 1994)

"Reversed corner lot" means a corner lot, the rear line of which abuts the side line of another lot. (See Figure 8.)

(Ord. 785 § 3(b) (part), 1994)

(See "lot, double-frontage" and Figure 8.)

(Ord. 785 § 3(b) (part), 1994)

"Lot area" means the area of land contained within the boundaries of a property. (See Figure 9.) For information on additional factors influencing lot area, see "net area of land." Property lines often do not extend to the edge of public improvements such as curbs or sidewalks.

(Ord. 785 § 3(b) (part), 1994)

Figure 9

Lot Area

"Lot coverage" means the percentage of a lot area covered by structures greater than three feet in height, measured consistent with Section 18.24.080. (See Figure 10.)

(Ord. 785 § 3(b) (part), 1994; Ord. No. 1038, § 5, 7-16-2024)

Figure 10

"Low barrier navigation center" is an emergency shelter that meets the requirements of Title 7, Division 1, Chapter 3, Article 12 of the California Government Code, as it may be amended from time to time, and Section 18.31B.030 of this code.

(Ord. No. 1034, § 5, 6-4-2024)

"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 any addition or enlargement of the structure.

(Ord. 785 § 3(b) (part), 1994)

"Manufactured housing" means a factory-built dwelling unit designed for a single-family residence, accessory dwelling unit, multiple dwelling, or multiple house, built in conformance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401), is transportable in one or more sections but is built on a permanent foundation and does not have wheels or axles permanently attached to its body or frame. Manufactured housing includes manufactured homes and mobile homes but not trailers.

(Ord. 785 § 3(b) (part), 1994; Ord. No. 1020, § 6, 6-7-2022)

"Marijuana" has the same meaning as "cannabis" as set forth in this code.

(Ord. No. 987, § 4(Exh. A), 5-21-2019)

Editor's note— Ord. No. 987, § 4 (Exh. A), adopted May 21, 2019, repealed § 18.04.500, which pertained to Medical marijuana dispensary and derived from Ord. No. 933, § 2, 11-20-2012.

(See "hotel/motel.")

(Ord. 785 § 3(b) (part), 1994)

"Motel or hotel rental unit" means one or more rooms located in a motel, hotel or apartment hotel designed for occupancy by one family for living and sleeping purposes on a rental basis.

(Ord. 785 § 3(b) (part), 1994)

"Multiple dwelling" means a building designed for two or more dwelling units for rent or lease, including supportive and transitional housing subject to the same restrictions for multiple dwellings. An "additional dwelling unit" as defined in this title shall not constitute a multiple dwelling.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 945, § 9, 1-20-2015)

"Multiple house" means a building designed as a multiple dwelling, for use as condominium units, planned development units, stock cooperatives or a community apartment project as those terms are defined in the California Civil Code. A "multiple house" shall also include supportive and transitional housing subject to the same restrictions for multiple houses.

(Ord. 785 § 3(b) (part), 1994

(Ord. No. 945, § 10, 1-20-2015)

NAVD. (See "North American Vertical Datum of 1988.") (Ord. 785 § 3(b) (part), 1994)

(Ord. No. 910, § 7, 4-21-2009)

(a)

Except as provided in Subsection (b), "net area of land" means the total horizontal area included within the boundary lines of a site, exclusive of the following:

(1)

Waterbodies, waterways, wetlands and required buffers;

(2)

Slopes as limited by the Land Capacity Schedule (see Section 18.18.115);

(3)

Rights-of-way and easements existing and/or required to serve the development;

(4)

That portion of land below 6.2 NAVD;

(5)

That portion of land required as a buffer next to a wetlands area. (See Figure 11.)

(b)

For the purpose of determining allowable floor area ratio (FAR) and lot coverage in the R-1 medium-density residential district and the R-1-A low-density residential district "net area of land" shall mean the total horizontal area included within the boundary lines of a site, exclusive of the following:

(1)

Water area within Lagoon No. 1 and Lagoon No. 2.

(2)

Waterbodies and waterways measured at 6.2 feet NAVD.

(3)

Dedicated street rights-of-way.

(4)

The area within easements for roadway, driveway, parking, flood control, pedestrian, or bicycle access ways.

Nothing in this section shall affect the ability of the planning commission or Community Development Director to take into consideration any area within the lot not included in the calculation of the net area of land that could otherwise be considered in the determination of an application for a variance to exceed maximum allowable FAR standards.

(Ord. No. 910, § 8, 4-21-2009; Ord. No. 1038, § 5, 7-16-2024)

Figure 11

Net area of land

(See "net area of land.")

(Ord. 785 § 3(b) (part), 1994)

Editor's note— Ord. No. 910, § 9, adopted Apr. 21, 2009, repealed § 18.04.540 in its entirety. Former § 18.04.540 pertained NGVD and derived from Ord. 785 § 3(b)(part), 1994.

A "nonconforming structure" means a structure which was lawfully erected prior to the adoption of the ordinance codified in this title or Title 22 but which, under this title or Title 22, does not conform to the regulations of the district or zone (as defined in Title 22) in which it is located.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1013, § 7, 12-7-2021)

A "nonconforming use" means a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this title or Title 22 but which does not conform with the use regulations of the district or zone (as defined in Title 22) in which it is located.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1013, § 7, 12-7-2021)

"North American Vertical Datum of 1988" (NAVD 88 or NAVD) is the base elevation (0.0) or starting point from which all elevations are determined. This is the datum officially adopted by the Federal Government as the basis for measuring heights. See Title 16 of the Corte Madera Municipal Code, Protection of Flood Hazard Areas, for additional information on base flood plain elevations.

(Ord. No. 910, § 10, 4-21-2009)

"Nuisance" means anything which is injurious to health; or is indecent or offensive to the senses; or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

(Ord. 785 § 3(b) (part), 1994)

"Occupant" means a person residing in a dwelling unit for more than fourteen days in any calendar year.

(Ord. 785 § 3(b) (part), 1994)

"Open space" means land used for recreation, resource protection, amenity or buffers.

(Ord. 785 § 3(b) (part), 1994)

"Common open space" means open space within or related to a development, not dedicated for public use, but designed and intended for the common use or enjoyment of the residents of the development.

(Ord. 785 § 3(b) (part), 1994)

"Outdoor display" means an outdoor arrangement of objects, items, products or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product or service.

(Ord. 785 § 3(b) (part), 1994)

"Overlay zone" means a set of zoning requirements described in the zoning ordinance text, mapped and imposed in addition to those of the underlying or primary district. Developments must conform to the requirements of both zones (overlay or primary) or the more restrictive of the two.

(Ord. 785 § 3(b) (part), 1994)

(See "lot.")

(Ord. 785 § 3(b) (part), 1994)

A parking apron means an area immediately contiguous to the driveway and to the nearest side yard property line which is devoted to the off street parking of vehicles with direct access to a street or road.

(Ord. 857 § 3, 2000)

"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. 785 § 3(b) (part), 1994)

A parking deck means a platform, either freestanding or attached to a building, that is supported by pillars or posts and used for parking vehicles.

(Ord. 857 § 4, 2000)

"Permitted use" means a use permitted by right in the zoning district in which the use is located as opposed to a non-permitted use or a conditional use.

(Ord. 785 § 3(b) (part), 1994)

"Planned development" means land under unified control to be planned and developed as a whole in a single development operation or series of development operations or phases. A planned development includes principal and accessory structures and uses substantially related to the character and purposes of the planned development. Plans for a planned development include: streets, utilities, lots and building locations, and other uses and improvements on the land relating to the buildings. A planned development includes programs for the provision, operation and maintenance of areas, facilities and improvements used in common by some or all of the occupants of the planned development district, which will not be provided, operated or maintained at general public expense.

(Ord. 785 § 3(b) (part), 1994)

"Planning commission" means the planning commission or entity duly appointed pursuant to the provisions of Chapter 2.16, Planning Commission, of the municipal code.

(Ord. 785 § 3(b) (part), 1994)

"Pre-existing use" means a use in existence prior to adoption of the ordinance codified in this title. Pre-existing does not imply legality.

(Ord. 785 § 3(b) (part), 1994)

"Prezoning" means the zoning or rezoning of unincorporated territory adjoining the town into one or more town zoning districts pursuant to the provisions of Chapter 18.36, Administration.

(Ord. 785 § 3(b) (part), 1994)

"Professional and administrative office district" means a land use classification intended to provide area for offices for the practice of a profession, the administration of a business or offering of certain services.

(Ord. 785 § 3(b) (part), 1994)

"Projections" mean structural features permitted to intrude into required setback areas. (See Section 18.24.050.)

(Ord. 785 § 3(b) (part), 1994; Ord. No. 1038, § 5, 7-16-2024)

"Property line" means the boundary defining the ownership of any parcel of land. On Christmas Tree Hill, in the area of the Corte Madera Woods Subdivision, for planning purposes only, the front property line or any property line adjacent to an existing roadway, shall be determined to be located twenty feet from the centerline of the existing paved roadway, regardless of the extent of pavement. (See Figure 5.)

(Ord. 785 § 3(b) (part), 1994)

"Public and semi-public" mean land uses or facilities which are either publicly owned, such as public schools and public utility structures, or having a public interest nature, such as private schools and churches. A zoning district is so titled in Corte Madera.

(Ord. 785 § 3(b) (part), 1994)

"Residence" means a building or portion thereof containing one dwelling unit designed for occupancy or occupied by one family. May also be referred to as a "single-family residence." (See "dwelling.")

(Ord. 785 § 3(b) (part), 1994)

"Residential care facility" as defined by California Health and Safety Code Section 1502, means any family home, group care facility, or similar facility determined by the Director of the California Department of Social Services, for twenty-four-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. "Small" residential care facilities are those in which six or fewer persons live together, and pursuant to Health and Safety Code Section 1566.3, are classified as a residential use for zoning purposes. "Large" residential care facilities are those in which seven or more persons live together.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1026, § 5, 1-17-2023)

"Residential development project" means a project for the construction or placement of a single-family dwelling unit, accessory dwelling unit, manufactured home, multiple dwelling, or multiple house. A residential development project may include the residential portion of a mixed-use development.

(Ord. No. 1020, § 6, 6-7-2022)

"Restaurant" means a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

(Ord. 785 § 3(b) (part), 1994)

"Fast food restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, generally packaged in disposable wrapping or containers, for consumption either within the restaurant building or for carry-out.

(Ord. 785 § 3(b) (part), 1994)

"Restaurant with drive-through," means any establishment, building, or structure where food is served and service is provided in part, to the customer from a service window accessible to motor vehicles with access provided by a drive-through lane incorporated into the site design. A restaurant with drive-through shall provide within the establishment, a minimum of one thousand square feet of area accessible to customers and a minimum of forty seats. No establishment may provide service solely through a drive-through lane. A "restaurant with drive-through" may also be referred to as a "drive-through restaurant."

(Ord. No. 976, § 5, 6-19-2018)

Retaining walls are relatively rigid walls used for supporting soil laterally so that it can be retained at different levels on the two sides. Retaining walls are structures designed to restrain soil to a slope that it would not naturally keep to (typically a steep, near vertical or vertical slope). They are used to bound soils between two different elevations, often in areas of terrain possessing undesirable slopes or in areas where the landscape needs to be shaped and engineered for more specific purposes. A retaining wall that retains soil on the backside and water on the frontside is called a seawall or a bulkhead.

(Ord. No. 1038, § 5, 7-16-2024)

"Ridgeline" means a connected series of locations at the top of a ridge, hill, or mountain, which, from different vantage points, have the sky as a backdrop. (See Figure 12.)

Figure 12

Ridgelines

(Ord. 785 § 3(b) (part), 1994)

"Right-of-way" means an area or strip of land, either public or private, on which a right-of-passage has been established for the use of vehicles or pedestrians or both. (See Figure 9.)

(Ord. 785 § 3(b) (part), 1994)

"Screening" means the method by which a view of one site from another site is shielded, concealed or buffered. Screening techniques include fences, walls, hedges, berms or other features.

(Ord. 785 § 3(b) (part), 1994)

(See "dwelling unit, additional.")

(Ord. 785 § 3(b) (part), 1994)

"Section" means a portion or subset of a particular chapter (for example, Section 18.14.050, Site area, is a subset of Chapter 18.14, Light Industrial District).

(Ord. 785 § 3(b) (part), 1994)

"Senior" means a person who is sixty-two years of age or older, or as otherwise provided for in California Civil Code Section 51.3 et seq.

(Ord. 785 § 3(b) (part), 1994)

"Service station" means any building, land area, or other premises, or portion thereof, used primarily for the retail dispensing or sales of vehicular fuels. Services may include such offerings as a convenience market/mini-mart, servicing and repair of automobiles; sale and installation of lubricants, tires, batteries, and similar vehicle accessories, but not including painting or body work.

(Ord. 897 § 2, 2006: Ord. 785 § 3(b) (part), 1994)

"Setback" means the minimum required distance between every structure and the respective front, side, and rear lot lines on the lot in which it is located. (Same as "yard, required." See also "yard, front," "yard, side" and "yard, rear.")

(Ord. 785 § 3(b) (part), 1994; Ord. No. 1038, § 5, 7-16-2024)

"Shopping center" means a complex of independently operated retail stores, retail shops or retail services where the ground floor stores or shops generally have access to a sidewalk or parking lot, and where all stores and shops are served by a common parking lot. The recording of a subdivision map shall not affect the status of a shopping center. "Shopping center" also includes a cluster of street front retail stores that serve the immediate neighborhood.

(Ord. 785 § 3(b) (part), 1994)

"Short-term rental" has the same meaning as set forth in Section 5.34.030 of this code.

(Ord. No. 1031, § 3, 11-7-2023)

"Sign" means a device, fixture, surface or structure of any kind, used for the purpose of conveying visual information to the public.

(Ord. 785 § 3(b) (part), 1994)

"Sign area" means the portion of a sign having a part of a building, wall, awning, canopy, marquee or other part of a structure as its background, and is the area enclosed within the shortest line drawn to include all letters, designs, tubing, direct illumination sources or other components of the sign, including all intervening and enclosed open spaces. The sign area of all other signs is the largest cross-sectional area measured to a line encompassing all portions of the sign, including background and tubing, but excluding supporting posts without attached lighting. In computing the area of a double-faced freestanding sign, only one face of the sign shall be included, provided that the two faces are parallel and not more than eighteen inches apart at any one point.

(Ord. 785 § 3(b) (part), 1994)

"Master sign program" means an approved plan for all signs allowed for a shopping center or for a building having more than one tenant. A master sign program may specify some or all of the following: size, location, design, color, lighting and construction of each sign.

(Ord. 785 § 3(b) (part), 1994)

"Site" means a parcel of land or portion thereof with frontage on a street, devoted to or intended for a use, or occupied by a structure or a group of structures.

(Ord. 785 § 3(b) (part), 1994)

(See "net area of land.")

(Ord. 785 § 3(b) (part), 1994)

"Special Flood Hazard Area" (alternatively, "SFHA") means an area in the floodplain subject to a one percent or greater chance of flooding in any given year as determined by FEMA or the local agency. The definition of SFHA contained in Section 16.10.050(ww) applies to Title 18, Zoning.

(Ord. No. 1046, § 6, 6-17-2025)

"Stable" means a structure accessory to a dwelling, used or designed to be used to shelter horses belonging to the occupants of the dwelling and not available for hire, including a corral or paddock.

(Ord. 785 § 3(b) (part), 1994)

"Story" means that portion of a structure included between the upper surface of any floor and the upper surface of the floor next above. Any portion of a story exceeding fourteen feet in height shall be considered an additional story for each fourteen feet or fraction thereof.

(Ord. 785 § 3(b) (part), 1994)

"First story" means the lowest story of a building which qualifies as a story. (See also "basement.")

(Ord. 785 § 3(b) (part), 1994)

"Street" means a thoroughfare, other than an alley, whether public or private, which provides the principal means of vehicular access to abutting property.

(Ord. 785 § 3(b) (part), 1994)

"Structural alteration" means any change in the supporting members of a building or structure, such as foundations, bearing walls, columns, beams or girders, floor joists, roof joists, rafters, or changes in roof or exterior configuration.

(Ord. 785 § 3(b) (part), 1994)

"Structure" means anything that is built or constructed and requires a location on the ground, including a building or edifice of any kind; any piece of work artificially built up or composed of parts, not including a swimming pool installed in an excavation and extending no more than three feet above the natural ground surface; and not including a fence or a wall used as a fence six feet or less in height.

(Ord. 785 § 3(b) (part), 1994)

"Main structure" means a building or structure housing the principal use of a site or functioning as the principal use.

(Ord. 785 § 3(b) (part), 1994)

"Subdivision" means the process and result of dividing land into smaller sites, pursuant to the town's subdivision ordinance and the California Subdivision Map Act.

(Ord. 785 § 3(b) (part), 1994)

"Common swimming pool" means a pool, pond, lake or open tank, capable of containing water to a depth greater than one and one-half feet, located on the site of a hotel, motel or apartment complex, available for the use of residents and guests, or a public pool or swim club pool operated under specified management rules and policies.

(Ord. 785 § 3(b) (part), 1994)

"Private swimming pool" means a pool, pond, lake or open tank, capable of containing water to a depth greater than one and one-half feet, located on the site of a private residence for the exclusive use of residents of the site and their guests.

(Ord. 785 § 3(b) (part), 1994)

"Title" means a major division of the Corte Madera Municipal Code which codifies ordinances related by subject matter (for example, Title 18, Zoning). A title is larger and more general than a chapter.

(Ord. 785 § 3(b) (part), 1994)

"Town" means the town of Corte Madera.

(Ord. 785 § 3(b) (part), 1994)

"Town clerk" means the clerk of the town of Corte Madera.

(Ord. 785 § 3(b) (part), 1994)

"Town council" or "council" means the governing body of the town of Corte Madera.

(Ord. 785 § 3(b) (part), 1994)

"Town project" means the construction or alteration of a structure on town-owned property, including rights-of-way designated on the Official Zoning Map of the town of Corte Madera and excluding all other rights-of-way, that results in an exterior modification to the structure or its site, or creates a conditional use in the zoning district in which the structure is located.

(Ord. No. 999, § 4.B, 9-15-2020)

"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 Title 22 of the Corte Madera Municipal Code.

(Ord. No. 1025, § 7, 12-6-2022)

"Transient" has the same meaning as set forth in Section 5.34.030 of this code.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1031, § 3, 11-7-2023)

"Uniform Building Code" (UBC) means the set of regulations developed and published by the International Conference of Building Officials, with modifications adopted by the town council to cover fire, life and structural safety aspects of all buildings and related structures.

(Ord. 785 § 3(b) (part), 1994)

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged, or for which either a site or structure is or may be occupied or maintained.

(Ord. 785 § 3(b) (part), 1994)

(See "conditional use.")

(Ord. 785 § 3(b) (part), 1994)

(See "nonconforming use.")

(Ord. 785 § 3(b) (part), 1994)

(See "permitted use.")

(Ord. 785 § 3(b) (part), 1994)

"Temporary use" means an activity intended for limited duration, as determined by permit, and located for a specified time period in a zoning district not otherwise permitting such use.

(Ord. 785 § 3(b) (part), 1994)

"Variance" means the administrative process by which a developer is allowed relief from a strict interpretation of the requirements of the zoning ordinance.

(Ord. 785 § 3(b) (part), 1994)

"Wall" means an artificial structure, typically constructed of solid, sturdy materials such as masonry, and erected to enclose or screen a building or areas of land (also see "retaining wall").

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1038, § 5, 7-16-2024)

"Waterbodies and waterways" mean areas so designated Waterbodies/Waterways (W) and Flood Control and Drainage Facilities (FC) on the Town of Corte Madera Zoning Districts and Special Purpose Overlay Districts Map.

(Ord. 785 § 3(b) (part), 1994)

(Ord. No. 1038, § 5, 7-16-2024)

"Wetlands," as defined by the Army Corps of Engineers, are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The presence and boundaries of wetlands are determined by "wetlands delineations" approved by the Corps of Engineers. (Ord. 785 § 3(b) (part), 1994)

(Ord. No. 938, §§ 3, 4, 12-3-2013)

(See "buffer, wetlands.")

(Ord. 785 § 3(b) (part), 1994)

"Width" means the horizontal 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. 785 § 3(b) (part), 1994)

"Yard" means an open space on the same site as a main structure, unoccupied and unobstructed from the natural ground upward except as otherwise provided in this title, including a front yard, side yard, rear yard or space between structures. (See Figure 3.)

(Ord. 785 § 3(b) (part), 1994)

"Front yard" means a yard extending across the full width of a site, the depth of which is the horizontal distance between the front property line and a line parallel thereto at the nearest point of a structure on the site. On a corner lot, the front property line has the shortest dimension abutting on a street.

(Ord. 785 § 3(b) (part), 1994)

"Rear yard" means a yard extending across the full width of a site, the depth of which is the horizontal distance between the rear property line and a line parallel thereto at the nearest point of a structure on the site.

(Ord. 785 § 3(b) (part), 1994)

(See "Setback.")

(Ord. 785 § 3(b) (part), 1994)

"Side yard" means a yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot. In the R-1-A and R-1 zoning districts, side yard setbacks shall vary according to the criteria set forth for those districts.

(Ord. 785 § 3(b) (part), 1994)

"Zone" means a district or portion of the town within which certain uses of land, premises, and buildings are permitted and within which certain development densities, yards, open spaces and height limits are established for buildings.

(Ord. 785 § 3(b) (part), 1994)

"Zoning administrator" means the person duly appointed pursuant to the provisions of Chapter 2.18 of the municipal code, Zoning Administrator.

(Ord. 785 § 3(b) (part), 1994)