Mill Valley City Zoning Code
CHAPTER 20
60 GENERAL PROVISIONS AND EXCEPTIONS
§ 20.60.060 Height limits-Exceptions.
Church spires, belfries, cupolas and domes, observation towers, distribution and transmission towers, flag poles, radio towers, masts and aerials, elevator penthouses, chimneys and other accessory units mounted on buildings shall not exceed 10 feet above the height limit for said building.
§ 20.60.065 Fences.
A.
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.
B.
Definitions.
Fencing.
Fencing is defined as any manmade barrier, barricade, or boundary marker serving as screening, restriction to access, definition of boundaries, privacy screen, method of confinement or security screen.
Measurement of Height.
The height of fencing shall be the vertical distance between finished grade at the base of the fence and the top edge of fence material. Fencing on top of masonry, concrete, stone or wood walls or on an artificially built up ground surface which faces an adjacent property or public right-of-way, shall be measured to the base of the wall or the natural grade.
C.
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.
D.
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.
E.
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.
F.
Findings Required to Approve Any Fence Permit. In approving any application for a fence permit the following findings must be made:
1.
The fence will not impair vehicular and pedestrian movements and sight lines;
2.
The fence will be structurally sound;
3.
The fence will be aesthetically attractive to the community and adjacent residents by incorporating design features such as lattice or trellis work or consisting of open wire fabric;
4.
The fence will not unreasonably restrict natural animal movement.
G.
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:
1.
The portion of the public right-of-way being enclosed by the proposed fence is not anticipated to be needed for any public use;
2.
The fence will enclose the minimum amount of the right-of-way necessary to accomplish the intended purpose;
3.
The proposed location of the fence will still allow an adequate area for pedestrians to walk off the edge of the traveled way;
4.
The fence will not obstruct access to public improvements and utilities;
5.
The fence will not eliminate existing or potential parking spaces within the public right-of-way; and
6.
The Department of Public Works has indicated its intention to issue a Revocable Encroachment Permit under Chapter 11.16 of this Code.
H.
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.
I.
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.
(Ord. 1123 § 7, August 2, 1993; Ord. 1182 § 6, April 2, 2002)
§ 20.60.070 Projections, encroachments-Yards measured from official plan line.
A.
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.
B.
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.
C.
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.
§ 20.60.075 Regulations for accessory building or structure.
With the exception of setback, height and size limitations for second units in new or existing accessory structures outlined in Chapter 20.90 of this title, in any residential district, the following regulations shall apply to all other accessory buildings and structures as defined in this title.
A.
Setback Requirements. Accessory buildings or structures may not occupy any portion of a required interior or exterior yard with the following exceptions:
1.
Fences not exceeding seven feet in height in required interior yards and four feet in required exterior yards, or within 15 feet of the street corner of a corner lot.
2.
Steps, retaining walls, and similar functional design elements required for pedestrian or vehicle access to a structure shall be allowed within a setback based on the minimum design needed to make access feasible.
3.
Driveways, uncovered car decks, and retaining walls that support parking structures shall be allowed in setbacks, subject to Design Review as specified in Section 20.66.020.
A minimum separation of six feet must be maintained between an accessory structure, excluding below grade swimming pools, and the main building or any another structure on the property.
B.
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.
C.
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:
1.
The overall height of the entire structure, as measured in accordance with the provisions of Section 20.08.050 of the Mill Valley Municipal Code, shall not exceed 30 feet.
2.
The height of the structure, as measured vertically from the finished floor elevation of the parking deck, but otherwise in accordance with the provisions of Section 20.08.050 of the Mill Valley Municipal Code, shall not exceed 25 feet.
D.
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.
(Ord. 1199 § 4, March 1, 2004; Ord. 1307 § 1, March 4, 2019)
§ 20.60.080 Garages-Carports-Lot location regulated.
In any R district, front walls of garages or front posts of carports or parking decks must be set back at least 15 feet from an exterior property line, or 20 feet from the edge of the sidewalk or street paving nearest the exterior property line, whichever distance is greater if the average slope of the front 35 feet is 10% or less. They may be located to within three feet of the exterior property line if the average slope of the front 35 feet of the lot exceeds 40%. The permitted setback for garages, carports or parking decks for properties averaging between 39% and 11% in the front 35 feet shall be as follows:
Percentage of Slope in Front 35 Feet | Front Setback in Feet | Percentage of Slope in Front 35 Feet | Front Setback in Feet |
|---|---|---|---|
10% or less | 15′ | 27 to 28% | 8′ |
11 to 13% | 14′ | 29 to 31% | 7′ |
14 to 15% | 13′ | 32 to 34% | 6′ |
16 to 18% | 12′ | 35 to 37% | 5′ |
19 to 20% | 11′ | 38 to 39% | 4′ |
21 to 23% | 10′ | 40% or more | 3′ |
24 to 26% | 9′ |
(Ord. 1182 § 6, April 2, 2002)
§ 20.60.090 Repealed.
Repealed by Ord. 1362, 11/17/2025.
(Ord. 611; Ord. 752 § 1; Ord. 859 § 1; Ord. 898 § 1; Ord. 961 §§ 1, 2, and 3, June 2, 1980; Ord. 1168 § 1, September 7, 1999; Ord. 1188 § 14, June 2, 2003; Ord. 1209, November 21, 2005; Ord. 1278 § 17, July 18, 2016)
§ 20.60.095 Repealed.
Repealed by Ord. 1362, 11/17/2025.
(Ord. 743 § 1; Ord. 805 § 1; Ord. 836 § 1; Ord. 852 § 1; Ord. 932 § 1; Ord. 961 § 4, June 2, 1980; Ord. 1168 § 2, September 7, 1999)
§ 20.60.100 Repealed.
Repealed by Ord. 1362, 11/17/2025.
§ 20.60.140 Nonconforming uses and existing buildings.
The lawful use of land and structures which existed at the time of the adoption of this title on December 19, 1956, although such uses do not conform to the regulations herein specified for the district in which the lot or structure is located, may be continued provided that such use shall not be enlarged nor increased nor extended to occupy a greater area than that occupied by such use at the time of the adoption of this title and further provided that such use is not conducted in a manner constituting a public nuisance. A nonconforming structure or nonconforming area of a structure shall remain within the same occupancy classification as defined by the most recent version of the California Building Code. Intensifying the building or structure's occupancy (e.g., from a non-habitable space to a habitable space) shall require compliance with all applicable provisions of the Zoning Ordinance.
If such use or occupancy is abandoned or discontinued for a continuous period of one year, the subsequent use of such land or structure shall be in conformity with the regulations specified by this title for the district in which such lot is located. Temporary cessation of use for periods of time less than one year or where a property owner can demonstrate that he or she has diligently been attempting to lease the space shall not be regarded as an abandonment or discontinued use. If, not later than one year following cessation of use, the property owner applies for and thereafter diligently pursues necessary permits and approvals to authorize continuation of the use, the use shall not be regarded as abandoned or discontinued.
If a nonconforming commercial building is located in a residential district and still has economic life as a commercial building, the Planning Commission may, through the conditional use permit procedure, allow other commercial uses which, in its opinion, are similar in nature. The Commission must find that the proposed use will not be detrimental to the existing residential area, and shall limit the permit for a period no longer than the useful economic life of the building.
Parking space requirements for re-establishment of nonconforming uses following abandonment or discontinuation of those uses shall be the same as for newly established uses pursuant to Chapter 20.61 of this title.
(Ord. 1277 § 4, June 6, 2016; Ord. 1362, 11/17/2025)
§ 20.60.150 Renovations to nonconforming buildings and structures.
A.
Replacement After Demolition.
1.
Voluntary Demolition. If more than: (a) 50% of the exterior roof structure; or (b) 50% of the exterior walls (exclusive of siding and/or sheathing); or (c) 50% of the combined total area of the exterior roof structure and exterior walls (exclusive of siding) of a nonconforming building or structure is voluntarily demolished within any period of 24 months, said nonconforming building or structure, shall be reconstructed or replaced only in compliance with all applicable provisions of this Zoning Ordinance.
2.
Involuntary Demolition. If more than: (a) 75% of the exterior roof structure; or (2) 75% of the exterior walls (exclusive of siding); or (c) 75% of the combined total area of the exterior roof structure and exterior walls (exclusive of siding) of a nonconforming building or structure is involuntarily demolished within any period of 24 months, said nonconforming building or structure shall be reconstructed or replaced only in compliance with all applicable provisions of this Zoning Ordinance with the exception that nonconforming buildings or structures that exceed the floor area ratio (FAR) limitations shall be allowed to be rebuilt to the square footage existing prior to the involuntary demolition, but must conform to all other development standards.
B.
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.
C.
Exceptions.
1.
Seismic Upgrades. Reconstruction required to reinforce masonry structures shall be permitted, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.
2.
Building Code Upgrades. Reconstruction necessary to comply with the Building Code shall be allowed, provided the reconstruction is limited exclusively to compliance with earthquake or Building Code safety standards, as identified in other applicable Building Code requirements, including state law (e.g., Title 24, California Code of Regulations, etc.).
3.
Floodplain Upgrades. Modifications to a building to minimally comply with the City's Floodplain Management Ordinance shall be permitted without the need of a variance except when the modification would exceed the height limitations.
4.
Voluntary Code Upgrades. Improvements to bring a building further into compliance with adopted Building Codes shall be allowed, provided the retrofitting is limited to code upgrades and does not include other alterations or upgrades.
(Ord. 1277 § 6, June 6, 2016)
§ 20.60.170 Current construction permits valid.
Nothing contained in this title shall be deemed to require any change in the planned construction, or designated use of any building for which a building permit has properly been issued in accordance with the provisions of the ordinance then effective, and upon which actual construction has been started prior to the effective date of any provision of this title, provided that in all such cases actual construction shall be diligently carried on until completion of the building.
§ 20.60.180 Planned unit development approval.
Application may be made for "Planned unit development approval," called P.U.D. approval, for any district under the following provisions and conditions:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
1.
No architectural drawings and plot plans shall be required in any single family residential district; provided that the Planning Commission at its discretion may require submission of said drawings and plans prior to approval of the P.U.D.
2.
In any multiple family, commercial, professional office or unclassified district, no architectural drawings need accompany the original application and the Planning Commission may give partial approval of the P.U.D. on this basis, but no building permit shall be issued, nor any construction commenced unless and until the drawings have been considered and approved by the Planning Commission and full approval of the P.U.D. secured.
3.
Where completed drawings are considered, planned unit development approval shall be noticed as provided for in Section 20.60.200.
F.
Public Hearings. At least one public hearing shall be held on each application.
G.
Findings. In order to approve a planned unit development, the Commission shall find the following:
1.
That construction on the project will begin within a reasonable period of time from the date of full approval and will be completed within a reasonable period of time.
2.
That the proposed development substantially conforms to the general or master plan or to any later adopted precise plan or otherwise governing policy by the City Council.
3.
That all residential development will constitute an environment of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will result in an intensity of land utilization no higher than, and standards of open spaces at least as high as permitted, or as otherwise specified, for the district in which this development occurs.
4.
That all commercial development will create no traffic congestion, will not interfere with any projected improvements, has provided for proper entrances and exits along with proper provisions for internal traffic and parking, and that the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent and surrounding existing or prospective development.
5.
That the development of an harmonious, integrated whole justifies exceptions, if such are required, to the normal requirements of this title, and that the contemplated arrangements or use make it desirable to apply regulations and requirements differing from those ordinarily applicable under the district regulations.
H.
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.
1.
In approving any P.U.D. the conditions imposed by the Planning Commission may include, but are not limited to: The time within which a project must begin and be completed, a list or a limit of variances permitted, changed boundaries of the project uses permitted and specification of minimum development standards.
2.
Application for and approval of a P.U.D. wherein variances from the standard regulations are approved or wherein uses normally requiring use permits are permitted, shall be deemed to be in compliance with all the necessary procedures for securing or granting a variance or use permit.
I.
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.
J.
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.
K.
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.
L.
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.
(Ord. 788 § 10; Ord. 910 § 1, May 15, 1978; Ord. 1182 § 6, April 2, 2002)
§ 20.60.190 Existing lots of record, area required.
Any parcel of land with an area and/or an average width of less than the minimum required by the particular district which was under one ownership at the time of the adoption of this title, which owner thereof owned or has owned no adjoining land, or which parcel is shown as a lot on any subdivision map which is hereafter recorded in the office of the County Recorder of the County after approval of the map by the City Council in the manner provided by law may be used as a building site for one one-family dwelling by the owner of such parcel of land or by his or her successor in interest; provided that all other regulations for the district, as prescribed in this title, shall be complied with.
§ 20.60.200 Notice of public hearing.
Unless otherwise specified, notice of public hearing shall be given by the mailing of a notice to all persons, shown on the last equalized assessment roll, as owning real property within 300 feet of the property which is the subject of the application. Such notice shall be mailed at least 10 calendar days prior to the date of the public hearing. The notice shall contain a general description of the proposal, including its location, and shall include the time, date and place of the hearing. In addition to these notice requirements, notice of public hearing may also be provided to the general public as specified by resolution adopted by the City Council. Failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds to invalidate the City's action on the item for which the notice was given.
(Ord. 1041 § 8, September 3, 1985; Ord. 1163, January 19, 1999)
§ 20.60.250 Home occupations.
A.
Definition. "Home occupation" is as an accessory use of a dwelling unit for business activities permitted by subsection B.
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:
1.
The business shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.
2.
The use is conducted entirely within a dwelling and is carried on exclusively by the inhabitants of the dwelling.
3.
The use does not change the character of the dwelling or adversely affect the uses permitted in the residential district.
4.
The use creates no additional traffic and requires no additional parking spaces.
5.
No persons are employed other than that necessary for domestic purposes.
6.
There is no indoor or outdoor use or storage of materials, equipment, or supplies, other than that necessary for domestic purposes.
All applicants for home occupation business licenses must submit a signed declaration acknowledging review of these standards prior to issuance of a license. |
C.
Prohibited Home Occupations. Prohibited home occupations shall include, but are not limited to, clinics, barber shops and cosmetology establishments.
(Ord. 1182 § 6, April 2, 2002)
§ 20.60.300 Water conserving landscaping.
All landscape plans subject to review by the City shall comply with the latest adopted water conservation ordinance of the Marin Municipal Water District. Prior to final approval of any landscape plan, the applicant shall provide written confirmation to the City that the Water District has approved the plan.
(Ord. 1116, December 21, 1992)
