In addition to the objectives prescribed in Section 18.02.030, the residential districts are established by this chapter to achieve the following purposes:

(1)

To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety, and consistent with the general plan;

(2)

To provide a means of achieving the objectives of the housing element of the general plan, particularly by encouraging the provision of dwellings of a type and price within the reach of low-income and moderate-income families and by maintaining the supply of rental housing for low-income and moderate-income families;

(3)

To ensure adequate light, air, privacy and open space for each dwelling;

(4)

To provide space for semipublic facilities needed to complement urban residential areas and for institutions that require a residential environment;

(5)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

(6)

To provide necessary space for off-street parking of automobiles and other vehicles and, where appropriate, for off-street loading of trucks;

(7)

To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;

(8)

To protect residential properties from the adverse impacts incidental to certain office, commercial, industrial and public facilities uses;

(9)

To protect residential properties from fire, explosion, noxious fumes and other hazards;

(10)

To facilitate the provision of public utilities and services commensurate with the distribution of anticipated population densities;

(11)

To ensure adequate amenities for multiple dwellings.

(Ord. 785 § 3(b) (part), 1994)

The following schedule indicates by the symbol "X" the uses that are permitted uses and the uses that are conditional uses in each residential district:

(Ord. 898 §§ 3—6, 2007; Ord. 886 §§ 1, 2, 2004; Ord. 785 § 3(b) (part), 1994)

(Ord. No. 910, § 11, 4-21-2009; Ord. No. 917, § 5, 1-5-2010; Ord. No. 931, §§ 5—7, 3-20-2012; Ord. No. 961, § 6, 12-6-2016; Ord. No. 962, § 6, 12-6-2016; Ord. No. 987, § 4(Exh. A), 5-21-2019; Ord. No. 1031, § 3, 11-7-2023; Ord. No. 1038, § 6, 7-16-2024)

The following special requirements shall apply to permitted uses and conditional uses as indicated below:

(1)

Home Occupations.

(A)

Home occupations shall comply with the following regulations:

(i)

There shall be no retail or wholesale sales of merchandise at the home.

(ii)

A home occupation shall be conducted in a dwelling and shall be clearly incidental to the use of the structure as a dwelling.

(iii)

There shall be no external alteration of the dwelling in which a home occupation is conducted, and the existence of a home occupation shall not be apparent beyond the boundaries of the site, except for a nameplate in accord with the provisions of Chapter 18.22, Signs.

(iv)

No one other than a resident of the dwelling shall be at the site in the conduct of a home occupation.

(v)

There shall be no noisy or otherwise objectionable machinery or equipment used in the conduct of a home occupation.

(vi)

A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site.

(vii)

No smoke or odor shall be emitted.

(viii)

There shall be no outdoor storage of materials related to the home occupation.

(ix)

A home occupation shall not generate more pedestrian, automobile, truck traffic, or parking demand than would normally be generated by a residence. Any need for parking for vehicles or trailers generated by the home occupation shall be met off the street and not within the front yard setback, in front of the house, or in the driveway.

(x)

Home occupations shall not in any event include the following:

a.

Motor vehicle repair, painting, or sales;

b.

Funeral chapel or funeral home;

c.

Restaurant;

d.

Stable or kennel or veterinary clinic;

e.

Private schools with organized classes.

(xi)

A home occupation shall not be conducted on any site unless a town permit has been issued authorizing the home occupation, and the home occupation meets all of the above requirements.

(B)

Procedures.

(i)

An application for a new home occupation permit shall be filed with the planning department. No public hearing shall be required, but public notice shall be given, in the manner prescribed in Chapter 18.36, Administration, at least ten days prior to a decision, and any action of the planning director in granting or denying a permit shall be subject to the appeal procedure prescribed in Chapter 18.34, Appeals.

(ii)

A home occupation shall not be conducted until a business license has been obtained from the town.

(iii)

A home occupation permit shall remain valid provided the home occupation is conducted in a manner that is not detrimental to the public health, welfare or safety, nor conducted so as to be a nuisance, and that none of the conditions of approval is violated. A home occupation permit is not valid for more than one business and cannot be transferred to a different address.

(C)

Reapplication. Following the denial or revocation of a home occupation permit, no application for the same, or substantially the same, occupation shall be filed within one year of the date of denial or revocation of the permit.

(2)

Temporary Subdivision Sales Offices. Temporary subdivision sales offices shall be subject to the following regulations:

(A)

A temporary subdivision sales office may be located in a model home on a site of not less than five acres outside the subdivision or development.

(B)

The provisions of Chapter 18.22, Signs, shall apply.

(C)

A certificate of occupancy for a temporary subdivision sales office shall not be issued until after recordation of the subdivision or the issuance of an occupancy permit for the sales office in the development.

(D)

Unless a time extension of one year is secured from the planning director, the certificate of occupancy shall become null and void one year following the date of issuance, and all structures including signs authorized by the certificate, shall be removed.

(3)

Private Swimming Pools, Hot Tubs and Wells. Private swimming pools, hot tubs and wells shall be subject to the following regulations:

(A)

A pool shall be used solely by persons residing on the site and their guests.

(B)

A pool, all mechanical equipment and the mechanical equipment screen shall not be located in a required front yard or in a required side yard on the street side of a corner lot. Design review shall be required for any pool, mechanical equipment or the mechanical equipment screen proposed to be located closer than ten feet from any other property line.

(C)

Holding tanks, pressure tanks (except those less than sixty inches high and thirty-six inches wide), and aboveground pumps shall be considered structures regulated by the zoning ordinance of the town. Tanks which are completely buried, or which are partially buried with the top not more than three feet above existing grade, shall not be considered structures.

(D)

A well, water tank, all mechanical equipment, and the mechanical equipment screen shall not be located in a required front yard or in a required side yard on the street side of a corner lot, and shall be at least five feet from any other property line.

(E)

A hot tub shall not be located in a required front yard or in a required side yard on the street side of a corner lot.

(F)

A protective fence not less than six feet in height, with no openings larger than three and one-half inches, shall surround the pool or the area within which it is located to prevent uncontrolled access from a street or from adjoining properties. The fence shall be designed so that the same design faces both the site and adjacent properties, or so that the finished side faces adjacent properties. All gates in the fence shall be equipped with self-closing, self-latching devices.

Alternatively, a swimming pool may be equipped with a cover of sufficient strength to prevent uncontrolled access.

(G)

All mechanical equipment shall be enclosed on all four sides. If visible above from adjacent properties, it shall have a roof no more than six feet in height.

(H)

The noise level generated at the property line shall not exceed fifty decibels at night and shall not be more than five decibels above the existing ambient noise level at any time.

(I)

All light sources shall be shielded from off-site viewing.

(J)

All cut-and-fill and other graded areas shall be seeded prior to final inspection or prior to filling of the pool.

(K)

All excavated material shall either be used as compacted engineered fill or removed from the site.

(L)

The understructure of a deck or other structure located more than three feet above natural grade shall be screened.

(M)

Any retaining wall visible off-site shall be textured and earth colored, and shall be screened by landscaping acceptable to the planning director. Engineering calculations may be required for any retaining wall acceptable to the town engineer.

(N)

Drainage from the pool and any mechanical equipment shall be controlled as acceptable to the town engineer.

(4)

Multiple Houses. Multiple houses, as defined in Section 18.04.520, shall be subject to the following regulations:

(A)

Findings. The town council and planning commission of the town expressly find that:

(i)

Condominiums and other forms of ownership of homes are unique and require different amenities and standards than apartment houses to protect the community and the purchasers.

(ii)

Not all multiple-family dwelling units have been constructed in a manner suitable for individually owned units.

(iii)

Conversion of existing apartment buildings into multiple houses diminishes the supply of rental housing and, with the exception of limited-equity housing cooperatives, tends to reduce the supply of low-income and moderate-income housing. Such conversions would displace low-income and moderate-income families from the Lower Ross Valley (consisting of the communities of Larkspur, Greenbrae, Kentfield and Corte Madera) whenever a deficiency of multiple-family rental units exists within the Lower Ross Valley.

(iv)

Conversion of existing apartment buildings into limited-equity housing cooperatives, as defined by Section 33007.5 of the California Health and Safety Code, offers a means to preserve low-income and moderate-income housing in the community.

(B)

No subdivision map for the construction of, or conversion of any structure to, a multiple house shall be approved unless a use permit is issued as prescribed in Chapter 18.26, Conditional Uses.

(C)

Definitions. For the purposes of this section, certain terms used in this section are defined as follows:

(i)

"Limited-equity housing cooperative" is as defined by Section 33007.5 of the California Health and Safety Code, and as same may from time to time be amended.

(ii)

"Shares" mean the units into which the right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, are divided among the owners thereof.

(D)

In addition to that information specified in Chapter 18.26, Conditional Uses, applications for multiple houses, with the exception of limited-equity housing cooperatives, shall contain the following information:

(i)

Project Organization. A written description of the proposed project organization, including the use and control of the common areas and recreation facilities within the project; and any proposed control of common facilities to be retained by the developer or by the owner or maintained by any other organization other than the homeowners association or unit owners.

(ii)

In the case of conversion of a multiple dwelling to a multiple house:

a.

A report on the proposed conversion covering length of occupancy of present tenants; household composition, including age and number of members of each household; present rent structure; length and terms of lease agreements; estimated sale prices of units and financing arrangements; the names of present tenants who have indicated their intent to purchase a unit; and the names of present tenants likely to be displaced by the conversion;

b.

A rental history detailing for each unit the size; the current or last rental rate; the monthly rental rate for the preceding three years; the monthly vacancy over the preceding three years; and names of the current tenant or tenants for each unit;

c.

A written report from a licensed civil engineer or architect and approved by the town building inspector, listing deficiencies under Chapter 15.01 of this code, Uniform Building Code, for new construction of "R" occupancies.

(E)

Applications for the conversion of a multiple dwelling to a limited-equity housing cooperative shall contain the following information:

(i)

A copy of the articles, bylaws and any proposed covenants, conditions and restrictions of the proposed cooperative cooperation, and a copy of the purchase agreement or option for the property;

(ii)

A copy of the management plan for the project, including the following information:

a.

Characteristics of existing tenants, including income, age, length of occupancy, household composition and present rents,

b.

The names of present tenants who have indicated in writing their intent to participate in the cooperative,

c.

A plan to prevent displacement of present tenants who do not want to participate in the cooperative,

d.

The estimated initial share prices and monthly carrying charges for all units in the cooperative, and the proposed method of financing the conversion;

(iii)

A report from the town building inspector concerning compliance of the property proposed for conversion with the Uniform Housing Code in effect at the time of application and listing any physical improvements necessary to meet these requirements.

(F)

In granting a use permit for a multiple house, with the exception of a limited-equity housing cooperative, the planning commission shall make all of the following findings:

(i)

The application conforms to the general plan;

(ii)

The property conforms to all requirements of this title, unless a variance has been granted as provided in Chapter 18.28, Variances, or variations of the site development standards have been authorized pursuant to Chapter 18.18, Special Purpose Overlay Districts;

(iii)

The property meets all requirements of Chapter 15.01 of this code (the Uniform Building Code) as they apply to new construction for Group "R" occupancy, except for such requirements that the planning commission finds unnecessary to fulfill the chapter's objective of ensuring that multiple-family dwellings have been constructed in a manner suitable for individually owned units;

(iv)

Each dwelling unit has space and connections for the installation and operation of laundry equipment for the private use of the occupants of that unit;

(v)

At least one hundred cubic feet for each unit and an additional fifty cubic feet for each bedroom of enclosed, weatherproof storage space, either inside or outside the unit, in addition to that required by the Federal Housing Administration's minimum property standards for similar units, is provided for each dwelling unit;

(vi)

If the permit is for new construction, each dwelling unit has separate utility meters with individual shutoff valves for all utilities.

(G)

In granting a use permit for the conversion of a multiple dwelling to a multiple house, with the exception of a limited-equity housing cooperative, the planning commission shall also make the following additional findings:

(i)

No deficiency of multiple-family rental units exists within the Lower Ross Valley. For the purposes of this section, a deficiency is presumed to exist whenever the number of vacant multiple-family rental units within the Lower Ross Valley is five percent or less of all the multiple-family rental units in the Lower Ross Valley; or whenever the proportion of appropriately zoned multiple-family rental units would be reduced to or is already less than twenty-five percent of the total number of dwelling units in the Lower Ross Valley. Procedures for determining the vacancy percentage and proportion of multiple-family rental units shall be set forth by planning commission resolution;

(ii)

Twenty-five percent of the units will be made permanently available to low- and moderate-income families.

(iii)

As an alternative to section (ii) above, the project applicant can pay an in-lieu fee, paid to the affordable housing fund to facilitate affordable housing construction to be provided elsewhere in the town. The amount of the in-lieu fee shall be based on the difference between the cost of constructing the affordable dwelling unit and what a low-income family of three can afford. The calculation shall be determined as follows:

(1)

For purposes of the calculation, the size of the required affordable dwelling unit is established at one thousand five hundred square feet and the cost of construction is assumed to be one hundred sixty dollars per square foot on the adopted date of this ordinance. The cost of construction may be updated annually based on the percentage increase or decrease in the Construction Cost Index as calculated by the Engineering News Record or other similar reputable and nationally-recognized construction cost index.

(2)

The amount that the low-income household can afford is the sum of two and one-half times sixty-five percent of the median household income, adjusted for a family of three, as updated annually by the U.S. Department of Housing and Urban Development for Marin County.

(3)

The difference between the results of the calculations in (1) and (2) above is the in-lieu fee for one affordable housing unit. To determine the total in-lieu fee, the required number of inclusionary affordable units (both whole and fractional numbers) required of the condominium conversion project shall be multiplied by the in-lieu fee for one affordable housing unit.

(4)

For smaller condominium conversion projects, the in-lieu fee shall be calculated as follows: one affordable unit for nine market rate units converted. The fractional in-lieu fee for each unit in the project from one to eight units is eleven percent of the fee applicable to nine units.

(5)

The project applicant may also satisfy this requirement by a combination of providing on-site affordable units permanently available to low- and moderate-income families and payment of in-lieu fees.

(H)

Whenever the planning commission finds that vacancies in the project have been increased, or elderly or disabled tenants displaced or discriminated against in leasing units, or that evictions have occurred for the purpose of preparing the building for conversion, or if rents in the project over the eighteen months preceding the date of filing the application have been increased substantially greater than any increase in the residential rent component of the "Bay Area Cost of Living Index, U.S. Department of Labor" (except for increases reasonably related to construction of code required capital improvements directly related to code enforcement, or to recoup the costs thereof), the use permit shall be disapproved and there shall be no reapplication for a conversion for the same property for eighteen months from date of denial. In evaluating the current vacancy level under this paragraph, the increase in rental rates for each unit over the preceding three years and the average monthly vacancy rate for the project over the preceding three years shall be considered. In the evaluation of the displacement of elderly or disabled tenants, any such displacements over the preceding three years, and the reasons therefor, shall be considered.

(I)

In granting a use permit for conversion of a multiple dwelling to a limited-equity housing cooperative, the planning commission shall make all of the following findings:

(i)

The application conforms to the general plan;

(ii)

At least two-thirds of the existing tenants have indicated in writing their intent to participate in the cooperative, or a majority of the tenants have placed ten percent of the proposed share cost in escrow;

(iii)

Shares in the cooperative shall be made available for low-income and moderate-income households as follows:

a.

At least twenty-five percent of the total number of shares shall be made available to low-income households at an affordability level at or below that established by resolution of the planning commission,

b.

The remaining shares shall be made available to moderate-income households at an affordability level at or below that established by resolution of the planning commission, except as provided below,

c.

Notwithstanding the foregoing, shares may be made available to any existing tenants who are above moderate income; provided that, upon transfer of these shares, they shall be made available only to low-income or moderate-income households,

d.

The planning commission shall adopt by resolution low-income and moderate-income levels by family size on an annual basis as defined in Sections 18.04.480 and 18.04.495 of this title. Share cost shall also be considered in determining affordability levels.

(iv)

Existing tenants who are low-income, handicapped or over age sixty-two, at the time of the initial application, and who do not want to participate in the cooperative, shall receive a lifetime lease for their present unit at monthly rents no greater than present rents, or at twenty-five percent of gross monthly income, if greater than existing rents; provided, that in no case shall monthly rents exceed monthly carrying charges for the cooperative. Annual percentage increases may be required equal to the percentage increase in the San Francisco Standard Metropolitan Statistical Area (SMSA) median income as established by the U.S. Department of Housing and Urban Development (HUD). For the purpose of this paragraph a "handicapped person" 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;

(v)

Other existing tenants may continue to lease their present units at monthly rents which are equivalent to the monthly carrying charges of the cooperative members plus the cost of any down payment amortized over a period not to exceed five years, to be determined by the planning commission when reviewing the use permit for conformity with the goal of preserving low-income and moderate-income housing;

(vi)

Existing tenants who do not want to reside in the cooperative shall receive from the cooperative corporation relocation benefits as described in Section 18.08.030 (6)(K)(ii)(d) of this title;

(vii)

All shareholders shall live in their units, and the bylaws shall require that owners who cease to be permanent residents shall sell their shares to the cooperative corporation;

(viii)

The cooperative corporation shall contract with the Marin County housing authority, or with a nonprofit agency designated by the town, to do the following:

a.

Qualify low-income and moderate-income eligible households to apply to purchase shares in the cooperative. Existing low-income and moderate-income tenants shall have first priority for the initial purchase of shares. The cooperative corporation's board of directors shall have final approval for selection of new members, from the list of eligible applicants, and in the priority order of existing tenants, Corte Madera residents, those who work in Corte Madera but live elsewhere, Marin County residents, and those applicants who work elsewhere in Marin County but live outside the county. The board of directors shall review eligible applicants in priority order, and may rank applicants within each priority category. Eligible applicants shall be permitted to purchase shares in priority order and as ranked within each priority category,

b.

Monitor compliance of the cooperative corporation with Section 33007.5 of the California Health and Safety Code and conditions set forth in this section. The cooperative corporation shall provide biannual reports for this purpose;

(ix)

The cooperative corporation shall state in its bylaws that it will increase share values only by an annual inflation allowance not greater than the percentage increase in the median income for the San Francisco SMSA, as established by HUD, or ten percent per year, whichever is less, plus the value of any capital improvements installed at the expense of the member for which prior approval was given by the cooperative corporation;

(x)

The cooperative corporation shall state in its bylaws that upon sale of the property or dissolution of the corporation, the title of the property and all corporate and private equity shall be transferred to either the Marin County housing authority or to a nonprofit agency designated by the town;

(xi)

The property meets all requirements of the housing code.

(J)

In granting a use permit for a multiple house, the planning commission shall require that the conditions, covenants and restrictions for the project, and in the case of a limited-equity cooperative, the bylaws of the corporation, be reviewed by the town attorney to ensure that provisions have been made for the payment of all assessments and taxes, that all common areas will be maintained on an equitable basis, that all provisions of this section have been met, and that all conditions of approval have been complied with.

(K)

In granting a use permit for a multiple house, with the exception of a limited-equity housing cooperative, the planning commission shall require that:

(i)

The applicant shall prepare a report describing all deviations from the requirements of Chapter 15.01, Uniform Building Code, authorized pursuant to subsection (5)(e)(iii) of this section. In the case of a conversion of an existing multiple dwelling to a multiple house, the report shall describe the condition of the various physical units of the project. Regarding each element, the report shall state when the unit was built, when it was last replaced, and any variation of its physical conditions from the current building code and zoning ordinance. The subdivider shall provide each purchaser with a copy of the report prior to the execution of any purchase agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser at least seventy-two hours to review the report;

(ii)

Where a multiple dwelling is converted to a multiple house:

a.

All present tenants shall be given written notice of intention to convert and an exclusive right to contract for purchase of the unit occupied as required by Section 66427.1 of the California Business and Professions Code,

b.

All private streets serving the project shall be improved to town standards for public streets or to such standards as may be prescribed by the town engineer, in relation to projected traffic, drainage, and future street maintenance, whether or not the streets are to be offered for dedication,

c.

If temporary relocation of any tenant is necessary for renovation of a unit between the date of submission of the use permit application and the date established for permanent relocation by subsection (5)(K)(ii)(d) of this section, then the applicant shall find equivalent substitute housing for that tenant for the period of renovation, and shall pay to that tenant any additional cost of the substitute housing and any moving expenses,

d.

For permanent relocation each tenant not remaining in the project shall be allowed ninety days past the date of recordation of the final map or parcel map, or until the expiration of the tenant's lease, whichever is longer. The applicant shall contract with a relocation service acceptable to the planning director to provide permanent relocation services for such tenant or tenants, and the applicant shall bear the cost of that service and the actual moving expenses of such tenant or tenants for any move within fifty miles of the converted units. The applicant shall also pay a moving expense allowance, equivalent to the cost of moving fifty miles from the converted units, to all tenants moving farther than fifty miles.

(L)

The planning commission may impose any other condition that it deems reasonable and appropriate to accomplish the purposes set forth in the general plan, any specific plan, or in the zoning ordinance.

(Ord. No. 910, § 12, 4-21-2009; Ord. No. 919, § 1, 4-20-2010; Ord. No. 1038, § 6, 7-16-2024)

The following regulations shall apply in all residential districts:

(1)

Rear Yard—Reversed Corner Lot. On a reversed corner lot, the minimum rear yard shall be not less than the side yard prescribed by the district regulations, provided that the side yard adjoining the street shall be not less than the required front yard on the adjoining key lot.

(2)

Certain Conditional Uses Excepted. The larger yard spaces prescribed for a conditional use shall not apply to an additional dwelling unit on the same site, a common swimming pool, a lodging house, a day care center, a special care facility, or a residential care facility.

(3)

Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided for each use as prescribed in Chapter 18.20, Off-Street Parking and Loading.

No required off-street parking area shall be in a required front yard, in a required side yard on the street side of a corner lot, or in a required rear yard on a double frontage lot, unless specifically permitted by Chapter 18.20, Off-Street Parking and Loading. A required uncovered parking area for a residence, multiple dwelling, lodging house, or apartment hotel may be located in any other required side or rear yard if an equivalent amount of open area at ground level, in addition to the area of required yard spaces, is provided elsewhere on the site.

(4)

Signs. No sign, outdoor advertising structure or display of any type shall be permitted except as prescribed in Chapter 18.22, Signs.

(5)

General Provisions and Exceptions. All uses shall be subject to the general provisions and exceptions prescribed in Chapter 18.24, General Provisions and Exceptions.

(6)

The zoning administrator may grant an exception to the requirements of this section for a two-unit development, but only to the extent required by Government Code Section 66852.21(b) to avoid physically precluding either of the two units from being a minimum of eight hundred square feet.

TABLE 1
RESIDENTIAL ZONING DISTRICT DEVELOPMENT STANDARDS

Notes for Table 1:

¹ Or as otherwise shown on a duly approved and recorded subdivision map, which has not been merged pursuant to Section 18.32.110.

² On side yards of > = 10 percent grade, one-foot shall be added to the side yard for each two feet of height above the lowest twelve feet of height of a structure on the elevation facing the side yard.

³ Additional lot coverage shall be allowed in accordance with Subsections 18.08.220(e)(1) and 18.08.220(e)(3)

⁴ The maximum FAR is established by Section 18.08.220(g) for R-1 districts and by Section 18.08.320(g) for R-1-A districts.

(Ord. No. 910, § 13, 4-21-2009; Ord. No. 917, § 6, 1-5-2010; Ord. No. 1015, § 10, 1-18-2022; Ord. No. 1025, § 8, 12-6-2022; Ord. No. 1038, § 6, 7-16-2024)

Design review approval is prescribed for applicable projects in accordance with Chapter 18.30.

(Ord. No. 1038, § 6, 7-16-2024)

Except as modified by the provisions of Chapter 18.18, Special Purpose Overlay Districts, the regulations in this section shall apply to all parcels of land designated in the R-2 district as shown on the adopted town zoning map.

(Ord. 785 § 3(b) (part), 1994)

(a)

Site Area. The minimum site area shall be eight thousand square feet. Site area required for land division shall be the net site area, as defined in Section 18.04.520.

(b)

Frontage and Width. Each site shall have not less than thirty feet of frontage on a public street, and shall be not less than seventy feet in width at the front yard setback line.

(Ord. 785 § 3(b) (part), 1994)

(a)

Site Area Per Dwelling Unit.

(1)

Each site shall have an area of not less than four thousand square feet for each dwelling unit located on the site; provided, that if, after dividing the area of the site by four thousand, a remainder of less than four thousand square feet but more than three thousand six hundred square feet is obtained, one additional dwelling unit may be located on the site.

(2)

For senior housing with deed restrictions ensuring continued availability for seniors, the allowed density may be increased to a maximum of one unit per two thousand square feet of net lot area. Allowed density shall be determined through design review, and shall include consideration of traffic and visual impacts. Density bonuses and other incentives shall be consistent with state law.

(A)

The minimum age for qualifying for senior housing is sixty-two years, and as otherwise provided for in California Civil Code Section 51.3, et seq.

(B)

All senior housing shall meet the accessibility requirements of state law, including, but not limited to, Title 24 of the state Health and Safety Code.

(b)

Usable Open Space. For each dwelling unit on the site, three hundred square feet of usable open space shall be required, subject to the following conditions:

(1)

The usable open space may be common space accessible to more than one dwelling unit, or may be private space for the exclusive use of the residents of a development.

(2)

At least one-half of the required usable open space shall be provided at ground level exclusive of front yard setback areas, and not more than one-half of the requirement may be satisfied by balconies or roof decks.

(3)

Common usable open space shall have a minimum area of three hundred square feet, and shall have no dimension less than fifteen feet.

(4)

Private usable open space located at ground level shall have a minimum area of one hundred fifty square feet, and shall have no dimension less than ten feet. Non-ground-level open space shall have a minimum area of fifty square feet, and shall have no dimension less than five feet.

(5)

All required usable open space shall be landscaped or shall have a dust-free surface, provided that not less than twenty percent of common usable space at ground level shall be landscaped. Water surfaces designed as landscape features may be included in the twenty percent, but not open space located in a parking area, driveway or service area, and no usable open space shall have a slope greater than ten percent.

(6)

Private ground level open space on the street side of a structure shall be suitably screened from the street.

(7)

All usable open space areas shall be privately maintained in a permanent and orderly condition.

(c)

Front Yard. The minimum front yard shall be twenty feet.

(d)

Side Yards. The minimum side yard shall be six feet for a permitted use, or ten feet for a conditional use, with the following exception: on the street side of a corner lot, the side yard shall be not less than fifteen feet for a permitted use, or twenty feet for a conditional use.

(e)

Rear Yard. The minimum rear yard shall be twenty-five feet for a permitted use, or thirty-five feet for a conditional use.

Incidental and accessory structures not exceeding ten feet in height may be located in the required rear yard; provided, that not more than twelve percent of the area of the required rear yard shall be covered by structures enclosed on more than one side, that not more than an additional twelve percent of the area shall be covered by structures open on three sides or more, and that no structure shall be closer than five feet to a rear or side property line.

(f)

Coverage. Measured in accordance with Section 18.24.080, not more than thirty-five percent of the total site area shall be covered by structures.

(g)

Height. No structures shall exceed thirty feet in height, as defined in Section 18.24.060.

(h)

Landscaped Areas. Not less than ten feet of the required front yard adjoining the front property line, not less than five feet of the required side yard on the street side of a corner lot adjoining the side property line, and not less than ten feet of the required rear yard adjoining the rear property line of a double frontage lot shall be landscaped and permanently maintained. A landscape plan, showing the locations and varieties of plant materials and specifying provisions for maintenance, shall be submitted for design review approval, as prescribed in Chapter 18.30, Design Review.

(Ord. No. 910, §§ 14—17, 4-21-2009; Ord. No. 1038, § 7, 7-16-2024)

All uses shall be subject to Chapter 18.24, General Provisions and Exceptions.

(Ord. 785 § 3(b) (part), 1994)

Except as modified by the provisions of Chapter 18.18, Special Purpose Overlay Districts, the regulations in this section shall apply to all parcels of land designed in the R-1 district as shown on the adopted town zoning map.

(Ord. 785 § 3(b) (part), 1994)

(a)

Site Area. The minimum net site area shall be seven thousand five hundred square feet.

(b)

Frontage and Width. Each new lot created shall have not less than thirty feet of frontage on a public street, and shall be not less than seventy feet in width at the front yard setback line.

(Ord. 785 § 3(b) (part), 1994)

(a)

Front Yard. On a site containing seven thousand five hundred square feet or more, the minimum front yard shall be twenty feet. On a site containing less than seven thousand five hundred square feet, the minimum front yard shall be fifteen feet.

(b)

Side Yards for Permitted Uses. Minimum side yards for permitted uses shall be as follows:

(1)

On a site containing seven thousand five hundred square feet or more, the minimum side yard shall be six feet, except that on the street side of a corner lot, the minimum side yard shall be fifteen feet.

(2)

On a site containing less than seven thousand five hundred square feet, the minimum side yard shall be five feet, except that, on the street side of a corner lot, the minimum side yard shall be ten feet.

(3)

On sites with side slopes of ten percent or greater adjacent to the structure, one foot shall be added to the interior side yard for each two feet of height above the lowest twelve feet of height of a structure on the elevation facing the side yard where the grade of the lot sits higher than the adjacent lot(s). Nothing in this section shall render an existing, conforming structure nonconforming by virtue of increased side yard setback requirements.

(c)

Side Yards for Conditional Uses. Minimum side yards for conditional uses shall be ten feet, except that, on the street side of a corner lot, the side yard for a conditional use shall be twenty feet.

(d)

Rear Yard. The minimum rear yard shall be twenty-five feet for a permitted use, or thirty-five feet for a conditional use.

Incidental and accessory structures not exceeding ten feet in height may be located in the required rear yard; provided, that not more than twelve percent of the area of the required rear yard shall be covered by structures enclosed on more than one side, that not more than an additional twelve percent of the area shall be covered by structures open on three sides or more, and that no structures shall be closer than five feet to a rear or side property line.

(e)

Coverage.

(1)

Measured in accordance with Section 18.24.080, on lots greater than four thousand five hundred square feet, not more than forty percent of the total site area shall be covered by structures greater than three feet in height. Such lots may add an additional two percent for unenclosed structures no greater than ten feet in height, including but not limited to arbors, trellises and covered decks or patios.

(2)

No lot coverage requirement shall apply to lots less than or equal to four thousand five hundred square feet in area.

(3)

On a site located within the Special Flood Hazard Area, the lot coverage allowance for a site as described in Subsection (1) above may be exceeded by an additional four percent for construction of uncovered decks that do not exceed the height of the first floor of a house that has been raised above the base flood elevation.

(f)

Height. No structures shall exceed thirty feet in height, as defined in Section 18.24.060.

(g)

Floor area ratio (FAR).

(1)

The "FAR" for an R-1 zoned lot is not intended as a target to be achieved, but rather is the maximum allowable for any lot. If a project is subject to design review per Section 18.08.220(h), the town may approve less than the maximum allowable FAR to meet design review standards in Chapter 18.30. The "FAR" for an R-1 zoned lot means the gross floor area of all structures on a site calculated under subsection (g)(3) of this section, divided by the net area of land calculated under Subsection 18.04.530.

(2)

The maximum allowable FAR for each lot is determined by lot size using the following formula:

On a lot with a net area of land containing four thousand six hundred square feet or less, the maximum FAR shall be six tenths.

On a lot with the net area of land greater than four thousand six hundred square feet and less than seven thousand seven hundred square feet, the maximum FAR shall be determined by the following equation: The sum of ten percent of net area of land plus two thousand three hundred square feet divided by the net area of land.

On a lot with a net area of land containing seven thousand seven hundred square feet or more, the maximum FAR shall be four tenths.

(3)

The gross floor area of all structures on an R-1 zoned lot shall mean a number equal to the sum of the following:

(A)

The total enclosed area of all floors of all buildings measured to the outside face of the walls including, but not limited to, Subsections (g)(3)A)(i) through (g)(3)(A)(vii) of this section as follows:

(i)

Stairways and elevator shafts at each floor;

(ii)

The horizontal floor area of an attic, with the exception of any portion of the horizontal floor area of an attic that is less than seven and one-half feet high when measured from the attic floor to the attic ceiling;

(iii)

The horizontal area under a vaulted ceiling that is greater than fourteen feet in height from floor to ceiling shall be counted in addition to the gross floor area of the same floor;

(iv)

Where the top plate or ceiling height (whichever is higher) is five feet or more above the grade of the lot measured at the nearest outside building wall, the floor area, finished or unfinished, immediately beneath that affected top plate or ceiling height shall be counted as gross floor area;

(v)

Attached garages, not subject to Subsection (g)(3)(A)(iv) of this section;

(vi)

Enclosed detached garages, not subject to Subsection (g)(3)(A)(iv) of this section;

(vii)

Enclosed detached accessory structures (other than garages), not subject to Subsection (g)(3)(A)(iv) of this section, except that the first one hundred twenty square feet shall be exempted from the sum total of such structures;

(B)

The covered area of a carport;

(C)

The covered area of a front entry porch, except that the first forty square feet of such porch is exempted; and

(D)

Unenclosed structures (such as covered patios) when more than fifty percent of the exterior sides are enclosed. If such structure is attached to the main building, the attached exterior side of the main building is not counted.

The floor area ratio provisions shall be applicable to development applications for the R-1 residential district that have not been deemed "complete" as of the effective date of the ordinance codified in this chapter (December 20, 2007).

(Ord. No. 909, §§ 1, 2, 4-7-2009; Ord. No. 910, §§ 18—23, 4-21-2009; Ord. No. 911, §§ 2, 5, 6, 4-21-2009; Ord. No. 967, § 5, 9-19-2017; Ord. No. 1038, § 8, 7-16-2024; Ord. No. 1046, § 7, 6-17-2025)

All uses shall be subject to Chapter 18.24, General Provisions and Exceptions.

(Ord. 785 § 3(b) (part), 1994)

Except as modified by the provisions of Chapter 18.18, Special Purpose Overlay Districts, the regulations of this section shall apply to all parcels of land designated in the R-1-A district as shown on the adopted town zoning map.

(Ord. 785 § 3(b) (part), 1994)

(a)

Site Area. The minimum net site area shall be twenty-thousand square feet.

(b)

Frontage and Width. Each new lot created shall have not less than thirty feet of frontage on a public street and shall be not less than seventy feet in width at the front yard setback line.

(Ord. 785 § 3(b) (part), 1994)

(a)

Front Yard. The minimum front yard shall be twenty-five feet.

(b)

Side Yards for Permitted Uses.

(1)

The minimum side yard shall be ten feet for a permitted use, except that on the street side of a corner lot, the side yard shall be not less than twenty feet.

(2)

On sites with side slopes of ten percent or greater adjacent to a structure, one foot shall be added to the interior side yard for each two feet of height above the lowest twelve feet of height of a structure on the elevation facing the side yard where the grade of the lot sits higher than the adjacent lot(s).

(c)

Side Yards for Conditional Uses. The minimum side yard shall be fifteen feet for a conditional use, except that on the street side of a corner lot, the side yard shall be not less than twenty-five feet.

(d)

Rear Yard. The minimum rear yard shall be thirty-five feet for a permitted use, or forty-five feet for a conditional use.

Incidental and accessory structures not exceeding ten feet in height may be located in the required rear yard; provided, that not more than eight percent of the area of the required rear yard shall be covered by structures enclosed on more than one side; that not more than an additional eight percent of the area shall be covered by structures open on three sides or more; and that no structure shall be closer than five feet to a rear or side property line.

(e)

Coverage. As measured in accordance with Section 18.24.060, no more than twenty-five percent of the total site area shall be covered by structures greater than three feet in height.

(f)

Height. No structure shall exceed thirty feet in height, as measured in accordance with Section 18.24.060.

(g)

Floor Area Ratio.

(1)

The "FAR" for an R-1-A zoned lot is not intended as a target to be achieved, but rather is the maximum allowable for any lot. If a project is subject to design review per Section 18.08.320(h), the town may approve less than the maximum allowable FAR to meet design review standards in Chapter 18.30.

The "FAR" for an R-1-A zoned lot means the gross floor area of all structures on a site calculated under Subsection (g)(3) of this section, divided by the net area of land calculated under Subsection 18.04.530.

(2)

The maximum allowable FAR for each lot is determined by lot size using the following formula:

On a lot with a net area of land containing four thousand six hundred square feet or less, the maximum FAR shall be six tenths.

On a lot with the net area of land greater than four thousand six hundred square feet and less than seven thousand seven hundred square feet, the maximum FAR shall be determined by the equation: The sum of ten percent of net area of land plus two thousand three hundred square feet divided by the net area of land.

On a lot with a net area of land containing seven thousand seven hundred square feet or more, the maximum FAR shall be four tenths.

(3)

The gross floor area of all structures on an R-1-A zoned lot shall mean a number equal to the sum of the following:

(A)

The total enclosed area of all floors of all buildings measured to the outside face of the walls including, but not limited to, Subsections (g)(3)(A)(i) through (g)(3)(A)(vii) of this section as follows:

(i)

Stairways and elevator shafts at each floor;

(ii)

The horizontal floor area of an attic, with the exception of any portion of the horizontal floor area of an attic that is less than seven and one-half feet high when measured from the attic floor to the attic ceiling;

(iii)

The horizontal area under a vaulted ceiling that is greater than fourteen feet in height from floor to ceiling shall be counted in addition to the gross floor area of the same floor;

(iv)

Where the top plate or ceiling height (whichever is higher) is five feet or more above the grade of the lot measured at the nearest outside building wall, the floor area, finished or unfinished, immediately beneath that affected top plate or ceiling height shall be counted as gross floor area;

(v)

Attached garages, not subject to Subsection (g)(3)(A)(iv) of this section;

(vi)

Enclosed detached garages, not subject to Subsection (g)(3)(A)(iv) of this section;

(vii)

Enclosed detached accessory structures (other than garages), not subject to Subsection (g)(3)(A)(iv) of this section, except that the first one hundred twenty square feet shall be exempted from the sum total of such structures;

(B)

The covered area of a carport;

(C)

The covered area of a front entry porch, except that the first forty square feet of such porch is exempted; and

(D)

Unenclosed structures (such as covered patios) when more than fifty percent of the exterior sides are enclosed. If such structure is attached to the main building, the attached exterior side of the main building is not counted.

The floor area ratio provisions shall be applicable to development applications for the R-1-A residential district that have not been deemed "complete" as of the effective date of the ordinance codified in this chapter (December 20, 2007).

(Ord. No. 910, §§ 24, 25, 4-21-2009; Ord. No. 911, §§ 4, 8, 4-21-09; Ord. No. 1038, § 9, 7-16-2024)

All uses shall be subject to Chapter 18.24, General Provisions and Exceptions.

(Ord. 785 § 3(b) (part), 1994)

Except as modified by the provisions of Chapter 18.18, Special Purpose Overlay Districts, the regulations of this section shall apply to all parcels of land designated in the R-1-B district as shown on the adopted town zoning map.

(1)

Site Area. The minimum net site area shall be one acre.

(2)

Frontage and Width. Each new lot created shall have not less than fifty feet of frontage on a public street and shall be not less than one hundred feet in width at the front yard setback line.

(Ord. 785 § 3(b) (part), 1994)

(a)

Front Yard. The minimum front yard shall be thirty feet.

(b)

Side Yards. The minimum side yard shall be twenty feet for a permitted use, or thirty feet for a conditional use, with the following exceptions: on the street side of a corner lot, the side yard shall be not less than thirty feet for a permitted use, or thirty-five feet for a conditional use.

(c)

Rear Yard. The minimum rear yard shall be fifty feet for a permitted use, or seventy-five feet for a conditional use.

Incidental and accessory structures not exceeding ten feet in height may be located in the required rear yard, subject to design review requirements described in Chapter 18.30, Design Review.

(d)

Coverage. As measured in accordance with Section 18.24.080, no more than fifteen percent of the total site area shall be covered by structures greater than three feet in height.

(e)

Height. No structure shall exceed thirty feet in height, as measured in accordance with Section 18.24.060.

(Ord. No. 910, § 26, 4-21-2009; Ord. No. 1038, § 10, 7-16-2024)

All uses shall be subject to Chapter 18.24, General Provisions and Exceptions.

(Ord. 785 § 3(b) (part), 1994))

Except as modified by the provisions of Chapter 18.18, Special Purpose Overlay Districts, the regulations in this section shall apply to all parcels of land designated in the R-1-C district as shown on the adopted town zoning map.

(Ord. 785 § 3(b) (part), 1994)

(a)

Site Area. The minimum net site area shall be five acres.

(b)

Frontage and Width. Each new lot created shall have not less than one hundred feet of frontage on a public street and shall be not less than one hundred feet in width at the front yard setback line.

(Ord. 785 § 3(b) (part), 1994)

(a)

Front Yard. The minimum front yard shall be thirty-five feet.

(b)

Side Yards. The minimum side yard shall be twenty-five feet for a permitted use, or twenty-five feet for a conditional use, with the following exceptions: on the street side of a corner lot, the side yard shall be not less than twenty-five feet for a permitted use, or thirty-five feet for a conditional use.

(c)

Rear Yard. The minimum rear yard shall be one hundred feet for a permitted use or conditional use.

Incidental and accessory structures not exceeding ten feet in height may be located in the required rear yard, subject to design review requirements described in Chapter 18.30, Design Review.

(d)

Coverage. Coverage shall be determined in the design review process on the basis of specific site characteristics and as measured in accordance with Section 18.24.080.

(e)

Height. No structure shall exceed thirty feet in height, measured in accordance with Section 18.24.060.

(Ord. No. 910, § 27, 4-21-2009; Ord. No. 1038, § 11, 7-16-2024)

All uses shall be subject to Chapter 18.24, General Provisions and Exceptions.

(Ord. 785 § 3(b) (part), 1994)

Except as modified by the provisions of Chapter 18.18, Special Purpose Overlay Districts, the regulations in this section shall apply to all parcels of land designated in the R-3 district as shown on the adopted town zoning map.

(Ord. No. 917, § 7, 1-5-2010)

(a)

Site Area. The minimum site area shall be eight thousand square feet. Site area required for land division shall be the net site area, as defined in Section 18.04.530.

(b)

Frontage and Width. Each site shall have not less than thirty feet of frontage on a public street, and shall be not less than seventy feet in width at the front yard setback line.

(Ord. No. 917, § 7, 1-5-2010)

(a)

Site Area Per Dwelling Unit.

(1)

Each site shall have an area of not less than two thousand four hundred sixty (2,460) square feet for each dwelling unit located on the site.

(2)

For senior housing with deed restrictions ensuring continued availability for seniors, the allowed density may be increased to a maximum of one unit per two thousand square feet of net lot area. Allowed density shall be determined through design review, and shall include consideration of traffic and visual impacts. Density bonuses and other incentives shall be consistent with state law.

(A)

The minimum age for qualifying for senior housing is sixty-two years and as otherwise provided for in California Civil Code Section 51.3, et seq.

(B)

All senior housing shall meet the accessibility requirements of state law, including, but not limited to, Title 24 of the state Health and Safety Code.

(b)

Usable Open Space. For each dwelling unit on the site, one hundred square feet of usable open space shall be required, subject to the following conditions:

(1)

The usable open space may be common space accessible to more than one dwelling unit, or may be private space for the exclusive use of the residents of a development.

(2)

At least one-half of the required usable open space shall be provided at ground level exclusive of front yard setback areas, and not more than one-half of the requirement may be satisfied by balconies or roof decks.

(3)

Common usable open space shall have a minimum area of three hundred square feet, and shall have no dimension less than fifteen feet.

(4)

Private usable open space located at ground level shall have a minimum area of seventy-five (75) square feet, and shall have no dimension less than five feet. Non-ground-level open space shall have a minimum area of fifty square feet, and shall have no dimension less than five feet.

(5)

All required usable open space shall be landscaped or shall have a dust-free surface, provided that not less than twenty percent of common usable space at ground level shall be landscaped. Water surfaces designed as landscape features may be included in the twenty percent, but not open space located in a parking area, driveway or service area, and no usable open space shall have a slope greater than ten percent.

(6)

Private street level open space on the street side of a structure shall be suitably screened from the public street.

(7)

All usable open space areas shall be privately maintained in a permanent and orderly condition.

(c)

Front Yard. The minimum front yard shall be twenty feet.

(d)

Side Yards. The minimum side yard shall be six feet for a permitted use, or ten feet for a conditional use, with the following exception: on the street side of a corner lot, the side yard shall be not less than fifteen feet for a permitted use, or twenty feet for a conditional use.

(e)

Rear Yard. The minimum rear yard shall be twenty-five feet. Incidental and accessory structures not exceeding ten feet in height may be located in the required rear yard; provided, that not more than twelve percent of the area of the required rear yard shall be covered by structures enclosed on more than one side, that not more than an additional twelve percent of the area shall be covered by structures open on three sides or more, and that no structure shall be closer than five feet to a rear or side property line.

(f)

Coverage. Measured in accordance with Section 18.24.080, not more than thirty-five percent of the total site area shall be covered by structures.

(g)

Height. No structures shall exceed thirty-five feet in height, as defined in Section 18.24.060.

(h)

Landscaped Areas. Not less than ten feet of the required front yard adjoining the front property line, not less than five feet of the required side yard on the street side of a corner lot adjoining the side property line, and not less than ten feet of the required rear yard adjoining the rear property line of a double frontage lot shall be landscaped and permanently maintained. A landscape plan, showing the locations and varieties of plant materials and specifying provisions for maintenance, shall be submitted for design review approval, as prescribed in Chapter 18.30, Design Review.

(Ord. No. 917, § 7, 1-5-2010; Ord. No. 1038, § 12, 7-16-2024)

All uses shall be subject to Chapter 18.24, General Provisions and Exceptions.

(Ord. No. 917, § 7, 1-5-2010)