Purpose. The City has determined that controls and limitations on fencing are necessary to preclude fencing from adversely affecting the appearance and character of the community and the health, safety, welfare and enjoyment of its citizens.

The limitations contained in this section are intended to provide reasonable surety that fencing does not unreasonably restrict views, natural animal movements, air circulation or sunlight; impair safe sight distances related to vehicular, pedestrian or other types of circulation or become undesirable physical features of the community.

Definitions.

When a Fence Permit is Required. Fencing located entirely on a private property outside the required setbacks or within the required interior yard setbacks and not exceeding seven feet in height or within the required exterior yard setbacks and not exceeding four feet in height may be constructed without obtaining a permit from the City.

Fencing located within public right-of-ways or which exceeds the four-foot and seven-foot height limits require a fence permit from the Planning and Building Department.

Application Requirements for a Fence Permit. A request for a fence permit shall be submitted to the Planning and Building Department and shall include a completed application form, the fee as set by resolution of the City Council and plans adequately indicating the location and design of the proposed fence.

Fences Located in Public Right-of-Way. Prior to granting a permit for any fence located entirely or partially within a public right-of-way, the application shall be referred to the Department of Public Works for its review and recommendations and intended action on the separately required revocable encroachment permit.

Findings Required to Approve Any Fence Permit. In approving any application for a fence permit the following findings must be made:

Additional Findings Required to Approve Any Fencing Located in a Public Right-of-Way. In addition to the findings specified above, the following additional findings must be made in approving any application for fencing located within a public right-of-way:

Appeal of Decision on Fence Permits. Any decision of the Planning and Building Department on a Fence Permit may be appealed to the Planning Commission in accordance with Chapter 20.100 of this Code.

Vegetation. The controls on fencing contained in this section shall not apply to native or landscape vegetation. However, the City may trim or remove or require the adjacent property owner to trim or remove any landscape vegetation located on a public right-of-way if the vegetation adversely affects public safety or restricts reasonable use of the right-of-way.

Encroachment on Official Plan Line. Whenever an official plan line has been established for any street as a precise section of the master street and highway plan, required yards shall be measured from such line, and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

Eaves, stairs, not over six treads in length, chimneys and other minor projections shall be allowed to encroach upon yard requirements to a maximum of 30% of each dimension required.

In an R district, entrance stairways, entrance patios, or entrance decks may be located within the required front yard if the average downslope of the front 35 feet of the lot exceeds four feet fall in a horizontal distance of 10 feet.

Setback Requirements. Accessory buildings or structures may not occupy any portion of a required interior or exterior yard with the following exceptions:

Lot Coverage Requirements. In addition to the main structure, the amount of lot coverage resulting from any accessory building or structure shall be taken into account in determining whether a property is in compliance with the applicable lot coverage limitations set forth by the specific zoning on the property. No more than three accessory structures are permitted on any property excluding below grade swimming pools, and carports and garages which are necessary to satisfy applicable parking requirements for the specific zoning on the property.

Height Requirements. Except as permitted herein, the height of an accessory structure or building, as measured in accordance with the provisions of Section 20.08.050 of the Mill Valley Municipal Code, shall not exceed 15 feet except that an accessory structure constructed above a new or existing parking structure may be increased pursuant to the provisions contained in Chapter 20.90 of this title. Notwithstanding the foregoing, a garage or carport which is necessary to satisfy applicable parking requirements for the specific zoning on the property shall be subject to the following height limitations:

Maximum Size Requirements. The maximum gross floor area of an individual accessory structure, excluding swimming pools, shall be limited to 500 square feet of enclosed space as measured from the exterior walls of the proposed structure except that the gross floor area permitted for a residential second unit or residential second unit/garage structure is established pursuant to Chapter 20.90 of this title.

Off-street parking spaces conforming to the requirements of Section 20.08.158 and acceptable to the City Engineer as usable under all weather conditions shall be installed on the premises prior to the issuance of a certificate of occupancy for the use or building involved. In addition to the provisions of Section 20.08.160, all parking spaces shall be provided with adequate ingress and egress and with appropriate turning and circulation areas as depicted on Table I entitled "Standards for Design of Parking Spaces," attached hereto and incorporated herein. For uses other than single residential, adequate turning radii shall be provided on the property to permit safe ingress and egress. Backing onto a public street shall not be permitted except in R-S districts.

Where more than one use is included within any one building or on any single parcel, or on any series of parcels covered by any application before the City, the parking space requirements shall be the sum total of the requirements of the various uses; however, where the operation of these uses is such that hours of operation complement each other in regard to parking, the Planning Commission may authorize a reduction in these requirements.

Parking spaces needed to meet the requirements of a particular building or use shall not be transformed or changed to another type of use, or transferred to meet the parking space requirements of another building or use, until the parking spaces required for the original use or building is provided at another location.

Any building or use requiring one-half or more of a parking space shall be deemed to require the full space.

The gross floor area for the purpose of determining the number of required parking spaces shall be the total floor area of all buildings devoted to the particular use involved, exclusive of floor area permanently allocated for parking or loading spaces.

For any use, 25% of the required parking spaces may be for compact cars.

When there is a change or expansion of a commercial use which is presently nonconforming because it does not satisfy parking space requirements, and additional parking spaces cannot reasonably be provided on the premises, no additional parking spaces or payments in lieu thereof shall be required so long as the changed or expanded use requires the same or fewer parking spaces than the immediately preceding use. The determination whether a changed or expanded use requires additional parking spaces shall be based upon a calculation of the net increase, if any, in the number of required parking spaces attributable to the changed or expanded use as compared to the number of required parking spaces attributable to the immediately preceding pre-existing uses on the site. If feasible, additional parking spaces shall be provided on site. If a change or expansion of a use results in an increased number of required parking spaces and the additional parking spaces cannot reasonably be provided on the site, then a parking variance shall be required. If approved, the parking variance may be conditioned upon a requirement that the applicant make payments in lieu of parking for the additional spaces pursuant to Section 20.60.095. This section shall not apply to any use which has been abandoned or discontinued as defined in Section 20.60.140.

Off-street parking spaces shall be provided for specific uses and buildings in the following numbers:

For existing commercial uses that cannot reasonably provide additional parking on site, the Director of Planning and Building may permit existing commercial parking spaces to be converted to required accessible parking spaces or access aisles, even if the conversion results in fewer parking spaces than required under this chapter.

Retail stores, supply houses, warehouses, wholesale establishments, manufacturing or industrial establishments, and similar uses: One space for each establishment and not less than one space for each 10,000 square feet of gross area (ground or floor) used for the listed or related uses;

Hotels, hospitals and public or semi-public buildings where large amounts of goods are received or shipped: One space for each establishment;

In any case where the use involves the standing of vehicles, such as a service station or drive-in operation, no structure shall be located closer to a street than will permit space for the standing of vehicles off the street and adequate space for traffic movements.

Replacement After Demolition.

Minor Remodel. A nonconforming building may undergo a minor remodel including normal maintenance and repairs, painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement, provided that the additions and alterations and/or repairs comply with all applicable provisions of this Zoning Ordinance.

Exceptions.

Purpose. The purpose of planned unit development approval is to allow diversification in the relationships of various buildings and structures, and open spaces in planned building groups and in the allowable heights of said buildings and structures, to allow variation in lot sizes; to encourage comprehensive site-planning productive of optimum adaptation of development to the land, while insuring that the intent of this title in requiring adequate standards related to the public health, safety, and general welfare shall be observed.

Limitation of Development and on Issuing Building Permits. After application for a P.U.D. approval, no development of the land involved shall be permitted, nor shall any building permit be issued for any structure to be located within the limits of the development until the applicant has filed written notice with the Commission that he or she is withdrawing his or her application for P.U.D. approval.

Minimum Area. The minimum area of a P.U.D. shall be not less than four acres of undeveloped property, and/or property which may be redeveloped, but in no event may it comprise less than the entire contiguous property under one ownership.

Fee. Application for P.U.D. approval shall be made by the owner or his/her agent on a form prescribed by the City and shall be accompanied by a fee in an amount established by resolution to be adopted by the City Council.

Drawings, Plans and Information. Drawings and plans shall accompany the application and shall comprise a general development plan covering the entire area of the P.U.D. as defined in subsection C of this section and showing uses, dimensions and locations of proposed structures, areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping, and open spaces, and except as provided below, architectural drawings and plot plans demonstrating the design and character of the proposed uses and the physical redesign and character of the proposed uses and the physical relationship of the uses. The Planning Commission may require the submission of additional plans, data and information.

Public Hearings. At least one public hearing shall be held on each application.

Findings. In order to approve a planned unit development, the Commission shall find the following:

Action by Commission and City Council. The Planning Commission may recommend to the City Council approval, conditional approval or denial of an application for a P.U.D. Upon receipt of the report of the action of the Planning Commission, the City Council, after public hearing, may affirm, modify or reverse the decision of the Planning Commission.

Development Subject to Conditions. Any P.U.D., as authorized, shall be subject to all conditions imposed, and shall be excepted from other provisions of this title only to the extent specified in the approval, and in the case of a P.U.D. in which architectural review has not been required, the applicable district regulations shall apply.

Duty of Building/Zoning Code Inspector. Following the approval of a P.U.D., the Building/Zoning Code Inspector shall ensure that development is undertaken and completed in conformance with the Commission's or Council's approval.

Extensions. Extensions of time limitations may be granted by the Commission upon finding that no change of conditions has occurred in relation to the property since the approval and/or that the approval is still valid with respect to any changed conditions. Application for an extension must be received by the clerk of the Planning Commission not less than 30 days prior to the expiration date. Additional conditions may be imposed by the Commission in granting any extension of time.

Compliance. Following approval of a P.U.D., no development or use of the land, or of any building, shall be permitted, nor shall any building permit be issued for any structure to be located within the limits of the development, except in strict accordance with the approved P.U.D. and all conditions attached thereto.

Definition. "Home occupation" is as an accessory use of a dwelling unit for business activities permitted by subsection B.

Permitted Home Occupations. Home occupations are permitted in residential districts with a business license (See Chapter 5.08, Business Licenses) if they meet the following standards:

Prohibited Home Occupations. Prohibited home occupations shall include, but are not limited to, clinics, barber shops and cosmetology establishments.