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Larkspur City Zoning Code

18.08 Definitions

An accessory structure or portion of the main building designed for storage of automobiles, with not more than two (2) sides enclosed.

18.08.010 General Rules of Interpretation.

For the purpose of this title certain terms used in this title are defined as set forth in this chapter and as follows:

A. Words used in the present tense include the future tense.

B. Words in the plural number include the singular number and words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise.

C. The word “lot” includes the word “plot,” the word “structure” includes the word “building,” and the word “shall” is mandatory and not directory.

D. Unless otherwise specified, all distances shall be measured horizontally.

E. The definitions set forth in the Building Code (Larkspur Municipal Code Chapter 15.08), as amended from time to time, are applicable to this title if such definitions are not in conflict with those set forth in this chapter. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(A, B), 1962)

18.08.020 Abuts or Abutting.

Means having a common line, or separated only by a private or public street, alley or easement. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(1), 1962)

18.08.030 Accessory Structure.

A subordinate structure not a portion of a main building nor attached thereto, but located on the same lot as the main building, the use of which is purely incidental to that of the main building, including swimming pools, pool equipment, HVAC equipment, generators, and like equipment. See also Larkspur Municipal Code Sections 18.08.270 and 18.08.560. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(2), 2007; Ord. 929 § 2, 2004; Ord. 295 § 5(2), 1962)

18.08.035 Affordable Housing.

A below-market-rate dwelling unit offered for sale or rent to households of low or moderate income. Low and moderate income ranges applied to a proposed project shall be determined by the City Council with the advice of the Marin County Housing Authority. (Ord. 1030 § 2(12), 2018; Ord. 841 § 5, 1993)

18.08.040 Alley.

A public way which affords only a secondary means of access to property. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(3), 1962)

18.08.050 Alteration, Structural.

Any change in the supporting members (e.g., bearing walls, columns, beams or girders) of a structure including enlargement of said structure. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(4), 1962)

18.08.060 Apartment.

A room or suite of rooms with cooking facilities which is designed or intended for and/or occupied by one family. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(5), 1962)

18.08.070 Apartment House.

See “Dwelling, Multiple,” Larkspur Municipal Code Section 18.08.200. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(6), 1962)

18.08.075 Attached.

Sharing common walls or floor/ceiling assemblies, or having abutting walls, or connected by an enclosed corridor of not more than five (5) feet in length. The following devices or ones similar in function shall not be considered as providing attachment: breezeways, lanais, covered porches, arbors, fences, screens, decks, walkways, or structures meeting only at their corners. (Ord. 1030 § 2(12), 2018; Ord. 929 § 3, 2004)

18.08.080 Automobile Court.

A structure or group of structures containing guest rooms or apartments with automobile storage space provided for the dwelling units, which group is designed to provide lodging for automobile travelers for compensation, including auto cabins, motor lodges, motels and similar designations. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(7), 1962)

18.08.090 Automobile Wrecking.

See “junkyard.” (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(8), 1962)

18.08.095 Bed-and-Breakfast Inn.

An owner-occupied structure other than a hotel wherein lodging and breakfast only are provided to transient guests for compensation. (Ord. 1030 § 2(12), 2018; Ord. 703 § 1, 1983)

18.08.100 Block.

That property on one side of a street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way, irrigation or drainage right-of-way, or unsubdivided acreage. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(9), 1962)

18.08.110 Boarding House.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 703 § 5, 1983)

18.08.120 Building.

See “structure,” Larkspur Municipal Code Section 18.08.590. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(11), 1962)

18.08.130 Building, Main.

A structure in which is conducted the principal use of the lot upon which it is situated, including dwelling groups and automobile courts. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(12), 1962)

18.08.135 Bulk, Building.

The volume within a simple rectilinear envelope enclosing the portion of a building that is situated above finished grade. (Ord. 1030 § 2(12), 2018; Ord. 656 § 1, 1981)

18.08.140 Carport.

An accessory structure or portion of the main building designed for storage of automobiles, with not more than two (2) sides enclosed. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(13), 1962)

18.08.145 Caretaker Quarters.

A dwelling unit that is accessory to a permitted industrial use and occupied by a guard or caretaker under the employment of that industrial operation. A caretaker quarters must be no larger than six hundred (600) square feet in area and located within, or attached to, the principal structure of the industrial use which it serves. (Ord. 1030 § 2(12), 2018; Ord. 911 § 2, 2002)

18.08.150 City.

The City of Larkspur, State of California. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(14), 1962)

18.08.160 Commission.

The City Planning Commission of the City of Larkspur. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(15), 1962)

18.08.170 Council.

The City Council of the City of Larkspur. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(16), 1962)

18.08.180 Court.

An open, unoccupied space, which is bounded on two (2) or more sides by structure or structures, including the open space in a dwelling group providing access to its units. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(17), 1962)

18.08.182 Day Care Center.

A facility licensed by the state where nonmedical care, protection and supervision are provided to children or adults for periods of less than twenty-four (24) hours per day. (Ord. 1030 § 2(12), 2018; Ord. 929 § 4, 2004; Ord. 855 § 4 (part), 1993)

18.08.185 Day Care Home, Large.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 929 § 5, 2004; Ord. 855 § 4 (part), 1993)

18.08.188 Day Care Home, Small.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 929 § 6, 2004; Ord. 855 § 4 (part), 1993)

18.08.190 Dwelling Group.

A group of two (2) or more detached or semi-detached one-family, two-family, or multiple dwellings occupying a parcel of land in one ownership and having common yard or court, including bungalow courts and apartment courts; but not including automobile courts and hotels. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(18), 1962)

18.08.200 Dwelling, Multiple.

A structure or portion thereof used or designed as a residence for three (3) or more families each doing its own cooking in said structure, including apartments, apartment hotels, and supportive and transitional housing subject to the same restrictions for multiple dwellings; but not including automobile courts and hotels. (Ord. 1030 § 2(12), 2018; Ord. 1000 § 1, 2015; Ord. 295 § 5(19), 1962)

18.08.210 Dwelling, One-Family.

A structure designed for or occupied by one family (as defined in this title), including supportive and transitional housing subject to the same restrictions for one-family dwellings and employee housing providing accommodations for six (6) or fewer employees pursuant to California Government Code Section 17021.5. (Ord. 1071 § 3, 2023; Ord. 1030 § 2(12), 2018; Ord. 1000 § 1, 2015; Ord. 295 § 5(20), 1962)

18.08.220 Dwelling, Two-Family.

A structure designed for occupancy by two (2) families, including supportive and transitional housing subject to the same restrictions for two-family dwellings. See definition of “family,” Larkspur Municipal Code Section 18.08.240. (Ord. 1030 § 2(12), 2018; Ord. 1000 § 1, 2015; Ord. 295 § 5(21), 1962)

18.08.230 Dwelling Unit.

One or more rooms, including a kitchen or kitchenette, and sanitary facilities, designed as separate living quarters for occupancy by not more than one household. A dwelling unit may be comprised of a one-family structure, included as one of two (2) units in a two-family dwelling or within a multiple-family dwelling, or may consist of an accessory dwelling unit or junior accessory dwelling unit that is subordinate to a one-family dwelling on a residentially developed property. (Ord. 1030 § 2(12), 2018; Ord. 1012 § 2, 2016; Ord. 295 § 5(22), 1962)

18.08.235 Emergency Shelter.

A facility that provides shelter with minimal supportive services to homeless persons or others in need of shelter that is limited to occupancy of six (6) months or less and includes other interim interventions including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. (Ord. 1071 § 4, 2023; Ord. 1030 § 2(12), 2018; Ord. 981 § 1, 2011)

18.08.240 Family.

One (1) or more persons living together in a dwelling unit with common use of all living, kitchen, and eating areas within the dwelling unit. (Ord. 1077 § 3, 2024)

18.08.242 Family Daycare Home.

As defined in California Health and Safety Code Section 1596.78.

Prior ordinance history: Ord. 1071 § 6.

18.08.245 Fence.

Any vegetative or manmade barrier, barricade, boundary marker or portion thereof or attachment thereto, which serves to define the vertical projection of a property line or setback line, which restricts access, which provides privacy, which interrupts a view, or which provides security or confinement. (Ord. 1030 § 2(12), 2018; Ord. 582 § 1, 1977)

18.08.250 Floor Area.

Repealed by Ord. 929. (Ord. 295 § 5(24), 1962)

18.08.255 Floor Area.

For the purposes of determining floor area ratio (FAR), “floor area” shall mean the sum of the horizontal area of each floor of an enclosed structure, measured from the exterior faces of exterior walls or from the centerline of party walls separating structures. The horizontal area of interior spaces utilizing high or vaulted ceilings of more than fifteen (15) feet in height from floor to ceiling shall be double-counted, and any additional increment of seven (7) feet of clearance thereafter shall be measured as additional floor area. Floor area shall also include:

A. Attached and detached primary and accessory buildings, accessory dwelling units (ADUs), junior accessory dwelling units (JADUs) (floor area measured as defined in Larkspur Municipal Code Chapter 18.23), garages, and carports (measured by total roof area) with a floor area of twenty (20) square feet or more and an interior ceiling height of seven (7) feet or greater. However, structures that accommodate required parking for nonresidential or mixed-use buildings are excluded from the floor area.

B. Interior courtyards and atriums, covered or uncovered.

C. Basements, storage spaces, crawl spaces, attic spaces, bay projections and any enclosed space with seven-foot or greater ceiling height, excepting those portions of basements where more than half of basement story height is below grade.

D. Elevator shafts, chimneys, and stairwells at each floor.

E. The entirety of structures belonging to a subject property or serving the primary use of the subject property, regardless of extensions off of the lot or location of structures partially or wholly in the public right-of-way. (Ord. 1090 § 2, 2025; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(3), 2007; Ord. 929 § 8, 2004; Ord. 778 § 1, 1988; Ord. 773 § 3, 1988; Ord. 699 § 1, 1983; Ord. 687 § 5, 1983)

18.08.257 Floor Area Ratio (FAR).

The gross floor area of all enclosed structures on a lot or project site divided by the lot area. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(4), 2007; Ord. 773 § 2, 1988; Ord. 687 § 6, 1983)

18.08.258 Food and Beverage Retail Sales.

A retail business establishment that sells either prepared or unprepared foods and/or beverages for consumption either on- or off-site, but does not provide prepared meals (breakfast, lunch or dinner) for on-site consumption. Customer turnover is approximately forty-five (45) minutes or less. The order is not taken by a waiter or waitress at a table. The use may include up to a total of twenty (20) seats, including either permitted or conditional outdoor seating. Typical uses include ice cream parlors, grocery, liquor store, produce market, donut shop, bakery, coffee house, and a take-out delicatessen/sandwich shop. (Ord. 1030 § 2(12), 2018; Ord. 855 § 4 (part), 1993)

18.08.260 Garage, Repair.

A structure or portion thereof where motor vehicles are repaired or painted for compensation. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(25), 1962)

18.08.270 Garage, Residential.

An accessory structure or portion of the main building for the storage of motor vehicles; provided, however, not more than one commercial vehicle of one-ton capacity or less may be stored therein for any one family. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(26), 1962)

18.08.280 Garage, Storage.

A structure or portion thereof where parking, storage and servicing of motor vehicles are offered for compensation, including car rental agencies. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(27), 1962)

18.08.282 Group Home.

A family dwelling unit unlicensed or licensed or supervised by any federal, state, or local health/welfare agency which provides twenty-four-hour nonmedical care of unrelated persons who 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 residential setting. The number of persons living in such a home is not limited by City ordinance. For the purposes of this definition, a “family dwelling unit” includes, but is not limited to, a single-family residence, a unit in a multifamily dwelling, including a unit in a duplex and a unit in an apartment building, a mobile home including a mobile home located in a mobile home park, a unit in a cooperative, a unit in a condominium, a unit in a townhouse, and a unit in a planned district. A group home may provide supportive and transitional housing as defined in this chapter and by Health and Safety Code Section 50675.14. (Ord. 1071 § 7, 2023; Ord. 1030 § 2(12), 2018; Ord. 981 § 1, 2011; Ord. 855 § 4 (part), 1993)

18.08.285 Group Home, Nonhandicapped.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 981 § 1, 2011; Ord. 855 § 4 (part), 1993)

18.08.290 Guestroom.

A room, with no provision therein for cooking, to be occupied by one or more guests; not including dormitories. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(28), 1962)

18.08.292 Handicapped.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 855 § 4 (part), 1993)

18.08.295 Height, Building.

Building height shall be measured as the vertical distance directly above, and consistent with an imaginary plane parallel to, the natural or finished grade around the perimeter of the structure, whichever is lower (see figure below). All building walls and other appurtenances shall conform to the maximum allowable height specified in the applicable district, except as specified in Larkspur Municipal Code Section 18.16.090, Height Limits, or otherwise stated in the applicable district.

(Ord. 1030 § 2(12), 2018; Ord. 935 § 1, 2004; Ord. 824 § 1, 1992)

18.08.297 Height, Fence.

Fence height shall be measured as the vertical distance directly above, and consistent with an imaginary plane, parallel to the natural or finished grade, whichever is lower, at the base of the fence, including the height of any retaining wall attached to, or within one foot of, the fence. In the case where a grade differential exists on opposite sides of a fence, the height shall be measured from the lower grade. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(5), 2007)

18.08.300 Home Occupation.

A subordinate use operated and maintained entirely within a dwelling or a detached residential accessory structure on the property by a resident of the dwelling, where no more than one assistant is employed, including the following uses: office of contractor, physician, surgeon, dentist, chiropractor, osteopath, beauty shop, dressmaker, maker of clothing to order, milliner, artist, musician, chiropodist, attorney, accountant, real estate broker, insurance agent, architect, engineer, tutor, writer, technical advisor, or other similar professional, small handicraft, and the renting of rooms and/or boarding for not to exceed three (3) persons, with separate rental agreements or leases for each. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(6), 2007; Ord. 295 § 5(29), 1962)

18.08.310 Reserved.

Editor’s Note: Former Larkspur Municipal Code Section 18.08.310, Rest Home, previously codified herein and containing portions of Ordinance No. 295, was repealed in its entirety by Ordinance No. 855, Section 6.

18.08.320 Hospital.

A place for the inpatient treatment or care of human ailments. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(31), 1962)

18.08.330 Hospital, Small Animal.

An establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and other small animals and domestic pets. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(32), 1962)

18.08.335 Instructional Services.

A small-scale facility, typically accommodating one (1) group of students at a time, in no more than one (1) instructional space. Larger facilities are included under the definition of “schools, specialty.” Examples of these facilities include individual and group instruction and training in the arts, martial arts, fitness, music, and photography. Also includes production studios for individual painters, sculptors, photographers, and other artists. (Ord. 1081 § 3, 2024)

18.08.340 Junkyard.

Shall consist of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but not including the purchase or storage of used furniture and household equipment, and used cars in operable condition. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(33), 1962)

18.08.345 Living Area.

For the purposes of determining either the livable portion of a dwelling unit or for calculating required parking, “living area” shall mean the gross horizontal areas of the several floors of a structure as measured from the exterior faces of the exterior walls or from the centerline of party walls separating two (2) structures, exclusive of parking or loading areas. (Ord. 1030 § 2(12), 2018; Ord. 687 § 4, 1983)

18.08.350 Loading Space.

A space not on a public street, at least ten (10) feet wide and twenty (20) feet long with adequate provisions for ingress and egress. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(34), 1962)

18.08.360 Lodginghouse.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(35), 1962)

18.08.370 Lot.

A parcel of land including a subdivision lot or lots having not less than the minimum area required for a building site in the district in which such land is located. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(36), 1962)

18.08.380 Lot Area.

The total area included within lot lines, excluding vehicular easements serving other property. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(37), 1962)

18.08.390 Lot Corner.

A lot situated at the intersection of two (2) streets. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(38), 1962)

18.08.395 Lot Coverage.

The percentage of a lot covered by the footprint of structures including exterior stairs and landings, porches, carports, dock ramps, and any covered or roofed areas. Decks are included in lot coverage, except where decks are eighteen (18) inches or less in height above grade. Excluded from lot coverage are roof eaves (not to exceed two (2) feet) and landscaping features such as, but not limited to, open garden trellises and arbors, in-ground swimming pools and ponds, fences, walls used as fences, retaining walls, uncovered walkways, driveways, on-grade flatwork, floating docks, and steps less than eighteen (18) inches above grade. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(7), 2007; Ord. 929 § 9, 2004)

18.08.400 Lot Depth.

The average distance between the front lot line and the rear lot line; or in through lots, the average distance between front lot lines. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(39), 1962)

18.08.410 Lot, Interior.

“Interior lot” is a lot other than a corner lot. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(40), 1962)

18.08.420 Lot, Key.

Repealed by Ord. 929. (Ord. 295 § 5(41), 1962)

18.08.430 Lot Line, Front.

“Front lot line” is (A) the line separating an interior lot from a public street right-of-way or easement or (B) the line separating a corner lot from the shortest street frontage, excepting that for reverse-corner lots it shall be the line separating the longest frontage from the street, if the Community Development Director determines that better vehicular and pedestrian access will result and that adjacent properties will not be adversely affected. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 577 § 1, 1977; Ord. 295 § 5(42), 1962)

18.08.440 Lot Line, Rear.

“Rear lot line” is the lot line opposite and most distant from the front lot line, except in through lots; in the case of a triangular lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(43), 1962)

18.08.450 Lot Line, Side.

“Side lot line” is (A) the line, other than a rear lot line, separating an interior lot from another lot or, (B) the line of a corner lot separating the longest frontage of that lot from a public street right-of-way or easement, excepting that on reverse corner lots it shall be the line separating the shortest frontage from a street, if the Community Development Director determines that better vehicular and pedestrian access will result and that adjacent properties will not be adversely affected. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 577 § 2, 1977; Ord. 295 § 5(44), 1962)

18.08.460 Lot of Record.

The term “lot of record” shall mean any of the following:

A. A parcel of real property shown on a subdivision map, approved pursuant to the Subdivision Map Act and local ordinances adopted pursuant thereto, at the time the map was recorded.

B. A parcel of real property that has been issued a certificate of compliance pursuant to Government Code Section 66499.35; provided, that any applicable conditions of the certificate have been complied with.

C. A parcel of real property not described in subsection (A) or (B) of this section, provided the parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction that was either recorded before the requirement of the filing of a subdivision map by the Subdivision Map Act or a local ordinance adopted pursuant thereto or was exempt therefrom.

D. When referring to a lot in a mobile home park, any area designated or used for the occupancy of one mobile home, travel trailer, recreational vehicle, or camping party. (Ord. 1030 § 2(12), 2018; Ord. 934 § 1, 2004; Ord. 295 § 5(45), 1962)

18.08.470 Lot, Reversed Corner.

“Reversed corner lot” is a corner lot which rears upon the side of another lot. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(46), 1962)

18.08.480 Lot, Through.

“Through lot” is an interior lot having frontage on two (2) parallel or approximately parallel streets. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(47), 1962)

18.08.490 Lot Width.

“Lot width” is the average of the horizontal distances between the side lot lines measured at right angles to the lot depth at the front and rear setback lines. The Community Development Director shall determine lot width for parcels of irregular shape. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 953 § 1(8), 2007; Ord. 295 § 5(48), 1962)

18.08.500 Reserved.

Editor’s Note: Former Larkspur Municipal Code Section 18.08.500, Nursery, Child Care, previously codified herein and containing portions of Ordinance No. 295, was repealed in its entirety by Ordinance No. 855, Section 7.

18.08.510 Parking Space.

“Parking space” means a space, on a paved or other Public Works Director approved surface, not on a public street, with sufficient dimension and adequate provisions for ingress and egress, which is used solely for vehicle parking. (Ord. 1030 § 2(12), 2018; Ord. 953 § 1(9), 2007; Ord. 295 § 5(50), 1962)

18.08.520 Rooming House.

Repealed by Ord. 1071. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(51), 1962)

18.08.530 Recreation, Commercial.

Any business offering games, amusements or recreation facilities for a fee on the business premises. This includes gyms that do not have instructional services as a primary use and also the provision of five (5) or more coin-operated game machines. (Ord. 1081 § 2, 2024; Ord. 1030 § 2(12), 2018; Ord. 667 § 2, 1981)

18.08.532 Residential Care Facility.

A facility licensed or supervised by any federal, state, or local health/welfare agency which provides twenty-four (24) 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 in a residential setting. A residential care facility may provide supportive and transitional housing as defined in this chapter and by Health and Safety Code Section 50675.14. (Ord. 1071 § 8, 2023; Ord. 1030 § 2(12), 2018; Ord. 981 § 1, 2011; Ord. 855 § 4 (part), 1993)

18.08.535 Restaurant.

A business establishment that provides the retail sale of prepared meals (breakfast, lunch or dinner) for on-site consumption and characterized by a customer turnover rate of approximately one hour or longer. The business generally provides a waiter or waitress at a table to take the order and provide service. (Ord. 1030 § 2(12), 2018; Ord. 855 § 4 (part), 1993)

18.08.540 Restaurant, Fast Food.

An establishment whose principal business is the sale of pre-prepared or rapidly prepared meals directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises. Operations are designed and intended to serve a high customer turnover. The use is generally characterized by food in disposable packaging, and may have a drive-through service. Orders are taken at a counter or window, not by a waiter or waitress at a table. (Ord. 1030 § 2(12), 2018; Ord. 855 § 5, 1993)

18.08.542 School.

Public-supported, private, and parochial institutions conducting regular academic instructions at preschool, kindergarten, elementary, secondary, and collegiate levels. Includes the following facilities:

A. School, Elementary/Middle/Secondary. A public or private academic educational institution, including elementary (kindergarten through sixth (6th) grade), middle and junior high schools (seventh (7th) and eighth (8th) grades), and secondary and high schools (ninth (9th) through twelfth (12th) grades).

B. School, Specialty. A school that provides education or training, including vocational training, in limited subjects. Examples of these schools include art, ballet and other dance, drama, language, martial arts, music. Does not include preschools and child day care facilities. See also the definition of “instructional services” for smaller-scale facilities offering specialized instruction. (Ord. 1081 § 3, 2024)

18.08.543 Senior Housing.

Housing that is restricted by use permit and property deed restriction to households where at least one person is sixty-two (62) years of age or older, or households having a disabled person as defined in the HUD Public Housing Occupancy Handbook. “Senior housing” includes supportive and transitional housing subject to the same restrictions for senior housing. (Ord. 1030 § 2(12), 2018; Ord. 1000 § 1, 2015; Ord. 841 § 3, 1993)

18.08.545 Site, Project.

Two (2) or more lots under one ownership that are the location or potential location for one or more structures that share or will share common facilities or that otherwise function as a single entity. (Ord. 1030 § 2(12), 2018; Ord. 773 § 1, 1988)

18.08.548 Small-Scale Manufacturing and Art-Making.

“Small-scale manufacturing and art-making” refers to establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of computers, hand tools, and/or domestic mechanical equipment not exceeding two (2) horsepower or kilns not exceeding eight (8) kilowatts, and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacturers. (Ord. 1030 § 2(12), 2018; Ord. 940 § 1, 2004)

18.08.560 Stable, Private.

An accessory structure on a lot of not less than one acre in area in which not more than two (2) horses are kept for private use; provided, that an additional horse may be added for each additional acre of land in the site. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(55), 1962)

18.08.570 Stable, Public.

A stable other than a private stable in which livestock animals are kept for remuneration, hire or sale. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(56), 1962)

18.08.573 Story.

That portion of a structure included between the upper surface of any floor and the upper surface of the next floor above. (Ord. 1030 § 2(12), 2018; Ord. 929 § 11, 2004)

18.08.580 Street.

A public or private way which affords principal means of access to property. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(57), 1962)

18.08.590 Structure.

Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground, but not including fences, a wall used only as a fence, retaining walls, walks and driveways. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(57), 1962)

18.08.595 Structure, Enclosed.

A structure that is covered by a roof or similar device and that is shut in by walls, windows, doors, or other similar solid surfaces that constitute more than fifty (50) percent of the horizontal area of the surrounding planes. Recessed porches or pocket decks, where the width of the recessed area is greater than the depth, are not considered enclosed structures. A carport shall be considered an enclosed structure regardless of the portion of its walls in solid surfaces. (Ord. 1030 § 2(12), 2018; Ord. 929 § 12, 2004; Ord. 699 § 2, 1983; Ord. 687 § 8, 1983)

18.08.600 Structure, Nonconforming.

A structure which was lawfully erected prior to the adoption of this title which does not conform to the requirements of this title. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(59), 1962)

18.08.603 Supportive Housing.

Housing with no limit on length of stay, that is occupied by the target population (as defined and periodically updated in Government Code Section 65582), and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (As defined and periodically updated in Government Code Section 65582.) (Ord. 1062 § 14, 2022; Ord. 1030 § 2(12), 2018; Ord. 1000 § 1, 2015; Ord. 981 § 1, 2011)

18.08.604 Transitional Housing.

Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional housing is a limited stay form of supportive housing to facilitate the movement of individuals and families to permanent housing. (As defined and periodically updated in Government Code Section 65582.) (Ord. 1030 § 2(12), 2018; Ord. 1000 § 1, 2015; Ord. 981 § 1, 2011)

18.08.605 Reserved.

Repealed by Ord. 1012. (Ord. 921 § 1, 2003; Ord. 698 § 2, 1983)

Editor’s Note: Former Larkspur Municipal Code Section 18.08.605, Unit, Residential Second, previously codified herein and containing portions of Ordinance Nos. 698 and 921, was repealed in its entirety by Ordinance No. 1012, Section 3.

18.08.610 Use.

The purpose for which land, or anything on land, may be designed, arranged, intended, constructed, erected, moved, altered, enlarged, maintained or for which it is maintained or occupied. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(60), 1962)

18.08.620 Use, Accessory.

A use incidental and subordinate to the principal use of a lot or of a structure located upon the same lot as the main building. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(61), 1962)

18.08.630 Use, Nonconforming.

A lawful and present use established and maintained prior to the adoption of an ordinance which does not list such use as a permitted use in the district in which the use is located. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(62), 1962)

18.08.635 Vessel.

All watercraft used, or capable of being used, as a means of transportation, residence, and/or flotation on the water; including but not limited to ships, boats, houseboats, and barges. (Ord. 1030 § 2(12), 2018; Ord. 776 § 1, 1988)

18.08.640 Yard.

An open space, other than a court, on the same lot with and required for erection of a main building. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(63), 1962)

18.08.650 Yard, Front.

A yard extending across the full width of a lot, the depth of which is the minimum distance separating the front lot line (as defined) and the main building on the lot. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(64), 1962)

18.08.660 Yard, Rear.

A yard extending across the full width of the lot, the depth of which is the minimum distance separating the rear lot line (as defined) and the main building on the lot. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(65), 1962)

18.08.670 Yard, Side.

A yard extending from the rear line of the front yard to the front line of the rear yard, the width of which is the minimum distance separating the side lot line (as defined) and the main building on the lot. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(66), 1962)

18.08.680 Yard, Street Side.

A side yard of a corner lot, which yard is adjacent to a street. (Ord. 1030 § 2(12), 2018; Ord. 295 § 5(67), 1962)