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Mountain View City Zoning Code

ARTICLE VIII

OTHER ZONES AND OVERLAY DISTRICTS

SEC. 36.24.05. - Purpose.

To preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets and other facilities, so that compact, orderly development will occur.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.10. - Principal permitted uses.

a.

Agriculture, except those specified in Section 36.24.20.

b.

Ranch and farm dwellings appurtenant to a principal agricultural use.

c.

Public parks and recreation areas.

d.

Single-family residence.

e.

Employee housing consistent with Government Code Section 17021.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 01.2024, § 19, 1/23/24.)

SEC. 36.24.15. - Accessory uses.

a.

Living quarters of persons regularly employed on the premises but not including labor camps and labor dwellings, accommodations or areas for transient labor.

b.

Guest houses, not rented or otherwise conducted as a business.

c.

Customary incidental home occupations, when conducted in a dwelling, subject to the provisions of Section 36.28.75.

d.

Offices incidental and necessary to the conduct of a permitted use.

e.

Other accessory uses and buildings customarily appurtenant to a permitted use.

f.

Roadside stand not exceeding four hundred (400) square feet in floor area, and not over twenty (20) lineal feet on any side, exclusively for the sale of agricultural products grown on the premises.

g.

Child-care centers as an accessory use in a church.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.20. - Conditional uses.

a.

Private noncommercial recreation uses and facilities, including swimming pools, golf courses and tennis courts.

b.

Dairy farms or the raising or keeping of farm animals.

c.

Animal feed and sales yards, agricultural processing plants, fertilizer plants and yards.

d.

Quarters, accommodations or areas for transient labor, such as labor cabins or camps.

e.

Commercial recreation uses and facilities.

f.

Cemeteries, crematories, mausoleums and columbariums.

g.

Public and quasi-public buildings and uses of a recreational, educational, religious, cultural or public service type, including public utility buildings, structures and uses; but not including corporation, storage or repair yards, warehouses and similar uses.

h.

Poultry farm when any building housing more than four (4) poultry is at least two hundred (200) feet from every lot line.

i.

Animal service establishments, as needed to serve the city, which do not impinge on existing or proposed residential uses, in accordance with Section 36.30.35.

j.

Riding academies and commercial stables, including horse rentals, horse riding trails, riding rings, horse training tracks, equestrian clubs and boarding provided that structures housing animals are at least two hundred (200) feet from any property line and a minimum of four (4) acres of land is provided.

k.

Child-care centers.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.25. - Height regulations.

No structure shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.30. - Area lot width and yard requirements.

The following minimum requirements shall be observed, except where increased for conditional uses:

a.

Lot area. The minimum lot area shall be one (1) acre.

b.

Lot width. All lots shall have a width of at least one hundred (100) feet.

c.

Front yard. There shall be a front yard of at least twenty (20) feet.

d.

Side yard. There shall be a minimum side yard of twenty (20) feet.

e.

Rear yard. There shall be a minimum rear yard of twenty (20) feet.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.33. - Other required conditions.

Any building or enclosure in which animals or fowl are kept except as a permitted accessory use are contained, shall be distant at least one hundred (100) feet from any adjacent lot in any R or C district, or from any school or institution for human care.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.40. - Purpose.

To foster the orderly development of educational and public service uses in the community and of special approved uses on city land; to ensure their presence as a vital part of the neighborhood balance; and to prevent intrusion of uses which may overburden neighborhood facilities and resources.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.45. - Principal permitted uses.

a.

City-owned facilities.

b.

Public parks and open space.

c.

County, state and federally owned facilities.

d.

Public schools intended to serve the immediately surrounding neighborhood.

e.

Uses and facilities, whether constructed publicly or privately, developed on city-owned land and intended for a purpose found by the city to be in the public interest.

f.

Crop and tree farming and livestock of the cow, horse, sheep or goat species where at least ninety (90) percent of the acreage required by the animal control ordinance is open and unimproved, and subject to the provisions of Chapter 5 of the city code.

g.

Child-care centers that comply with the following standards:

1.

Adequate on-site drop-off and pick-up areas shall be provided so that traffic does not back up onto public roadways or create circulation problems in parking lots.

2.

The proposed site shall not be adjacent to a gas station, automobile repair shop or similar businesses that use, sell or store significant amounts of hazardous materials.

3.

Outdoor play areas shall be set back from adjoining residential dwellings and enclosed with a minimum six (6) foot fence. A six (6) foot wood or masonry fence is required along boundaries with residential uses.

4.

Development review shall be required as provided in City Code Section 36.44.45.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.50. - Accessory uses.

a.

Child-care centers as an accessory use in a church.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.55. - Conditional uses.

a.

Private schools and public schools intended to serve a broader population than the immediately surrounding neighborhood.

b.

Any other public and quasi-public buildings and the uses of a recreational, educational, religious, cultural or public service type, not specifically mentioned above, including public utility buildings, structures and uses; but not including corporation storage or repair yards, warehouses and similar uses unless the adjacent zoning is industrial.

c.

Temporary private and quasi-public office and studio uses of low intensity, providing space for artists, dance, music, or theater and low-intensity private office use, with adherence to the following guidelines:

1.

Usage shall be conducted in existing buildings or facilities, and no major renovation of the facilities or new building construction shall be permitted.

2.

Private uses shall be low intensity, involving little public interaction, minimum traffic generation and general compatibility with surrounding uses.

3.

Approval shall be limited to a maximum of five (5) years, subject to renewal with application.

4.

No additional parking or major modification of the parking facilities is needed in order to accommodate the use.

5.

Outside activity producing noise or visual problems shall be limited, and there shall be no outside storage of any materials.

6.

Public events, including sale of items made on the premises, shall be limited and specified within the conditional use permit.

7.

The continued maintenance and availability of open lands for public use shall be assured.

d.

Child-care centers that do not comply with the standards in Section 36.24.45 g.

e.

Emergency shelters and low-barrier navigation centers in compliance with Division 10 of Article IX of this Chapter.

f.

Safe parking in compliance with Division 22 of Article IX of this Chapter and Chapter 19 of the city code.

(Ord. No. 18.13, § 1, 12/10/13; Ord. No. 16.19, § 11, 10/22/19; Ord. No. 01.2024, § 20, 1/23/24.)

SEC. 36.24.60. - Front, rear and side yard requirements.

Front, rear and side yards must be at least equal to the height of the building, but in no case less than twenty (20) feet.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.65. - Lot coverage.

Buildings or structures shall not cover more than thirty-five (35) percent of the total lot.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.70. - Open green area.

Open green area shall occupy no less than fifty-five (55) percent of the lot.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.24.75. - Development review approval.

Development review approval shall be required as provided in City Code Section 36.44.45. In the case of projects of community-wide or regional significance, or where otherwise deemed appropriate by the council, special city council review may be substituted in lieu of development review permit approval.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.05. - Purpose.

To protect persons and property from hazards of development in areas subject to tidal or floodwater inundation, and to protect the community from the costs which may be incurred when unsuitable development occurs in such areas. To allow uses which may be appropriately located in a flood plain.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.10. - Principal permitted uses.

a.

Public parks and recreation areas.

b.

Extraction of chemicals from sea water by natural evaporation or distillation.

c.

Crop and tree farming and livestock of the cow, horse, sheep or goat species, where at least ninety (90) percent of the acreage required by the animal control ordinance is open and unimproved, and subject to the provisions of Chapter 5 of the City Code.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.15. - Accessory uses.

a.

Living quarters of persons regularly employed on the premises, but not including labor camps and dwellings for transient labor.

b.

Offices incidental and necessary to the conduct of a permitted use.

c.

Private garages and parking areas.

d.

Other accessory uses and buildings customarily appurtenant to a permitted use.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.20. - Conditional uses.

a.

Private recreation areas, uses and facilities, including golf course, shooting clubs and facilities, yacht clubs and facilities.

b.

Boatyards.

c.

Outdoor theaters, golf driving ranges, commercial swimming pools and other similar commercial recreation facilities.

d.

Livestock.

e.

Any other use which, in the judgment of the zoning administrator, will not be inconsistent with the purpose of this article, and will not impair the present or potential use of adjacent properties.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.25. - Height regulations.

No structure shall exceed two and one-half (2½) stories or thirty (30) feet in height.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.30. - Area, lot width and yard requirements.

The following minimum requirements shall be observed, except where increased or decreased for conditional uses:

a.

Lot area. Five (5) acres.

b.

Lot width. Two hundred (200) feet.

c.

Front yard. There shall be a front yard of at least fifty (50) feet.

d.

Side yard. There shall be a minimum side yard on one side of twenty (20) feet with a total of fifty (50) feet on both sides.

e.

Rear yard. There shall be a rear yard of at least twenty (20) feet.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.40. - Purpose.

The purpose of this interim zone district is to provide for temporary uses of recently annexed property, without permitting the erection of structures, during the period that the appropriate permanent zoning is being studied by the environmental planning commission and the city council.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.45. - Principal permitted uses.

a.

Crop and tree farming.

b.

Parking.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.50. - Conditional uses.

Any use, not requiring the erection of structures, which is determined by the zoning administrator to be appropriate temporary use for the property. All use permits granted pursuant to this chapter shall automatically expire upon the establishment of a final zoning classification by the city council, unless such use is a permitted use in the zoning district in which the property is classified, and no rights shall vest in any person pursuant to any use permit granted hereunder, beyond the period of the interim zone classification.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.55. - Building regulations.

No structure shall be erected upon any property having an interim zone (U) classification.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.60. - Annexation process.

All territory hereafter annexed to the City of Mountain View shall be zoned to an interim zone (U). Following said annexation, said territory shall be studied by the environmental planning commission for the purpose of making a recommendation to the city council of the appropriate permanent zoning of said territory. Said interim zoning classification (U) shall be of no further force and effect six (6) months from the date the territory is annexed; provided, however, that after notice and public hearing, the city council may extend such interim zone classification for an additional six (6) months, if either the environmental planning commission or the city council has, in good faith, conducted studies or public hearings for the purpose of determining the appropriate final zoning, and additional time is required for said study.

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.70. - Purpose and applicability.

The overlay zoning districts established by this chapter provide guidance for development and new land uses in addition to the standards and regulations of the zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning. The applicability of any overlay zoning district to specific parcels is shown by the overlay zoning map symbol established by Section 36.04 (Zoning districts established) being appended as a suffix to the symbol for the primary zoning district (e.g., R1-H1S, R1-SD, etc.).

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.75. - Height limitation (-H) overlay zone.

a.

Purpose. The height limitation (-H) overlay zoning district is intended to establish height limits for structures that are different from those normally applied by the primary zoning district applicable to a site, where determined to be desirable because of specific neighborhood characteristics.

b.

Minimum area requirements. The area must be definable as a geographic unit, including but not limited to, one (1) or more entire city blocks or one (1) or more entire subdivision tracts or street faces opposite one another.

c.

Height limitations. When combined with any residential (R) zoning district, the height limit for structures established by the -H overlay shall be measured either in stories or feet.

1.

Height limit in stories. The maximum number of allowed stories shall be shown on the zoning map by a number and the letter "S" following the -H designation, as follows:

-H1S One-story limit
-H2S Two-story limit, etc.

 

2.

Height limit in feet. Where the -H overlay zoning district is used to limit the maximum height of structures to a specific number of feet, the maximum height shall be shown on the zoning map by the number of allowed feet following the -H designation, as follows:

-H15 15-foot height limit
-H25 25-foot height limit, etc.

 

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.80. - Neighborhood design (-ND) overlay zone.

a.

Purpose. The neighborhood design (-ND) overlay zoning district is intended to identify areas where unique characteristics of individual neighborhoods are to be protected and/or enhanced through special design standards applicable to those areas only.

b.

Minimum area requirements. The area must be definable as a geographic unit including, but not limited to, one (1) or more entire city blocks or one (1) or more entire subdivision tracts or street faces opposite one another.

c.

Application of overlay zone. The -ND overlay will be applied to areas where residents have worked with the city to identify one (1) or more important characteristic(s) to be protected or enhanced, and to prepare special standards to carry out protection and enhancement objectives. Any special standards may be prepared to supplement, or to allow departure from the other provisions of this chapter.

d.

Requirements.

1.

Special design standards. In any case where one (1) or more special design standards have been adopted by the city council through the application of the -ND overlay zone, those special design standards shall apply to development and new land uses in the neighborhood in addition to all other applicable provisions of this chapter. If a new house is proposed, and the -ND zone regulates more than one (1) special design standard, property owners need not comply with all of the standards, but shall comply with at least half of them. If a house is proposed to be remodeled, the special design standards shall apply only to the remodeled portion of the house and then only if that portion of the house is subject to special design standards. In the event of any conflicts between special standards imposed by the -ND overlay and other provisions of this chapter, the special standards shall control.

2.

Development review required. All development within an -ND overlay zoning district shall be subject to development review in compliance with Section 36.44.45 (Development Review).

(Ord. No. 18.13, § 1, 12/10/13.)

SEC. 36.26.85. - Special design (-SD) combining district.

a.

Purpose. The purpose of this special design combining district is to allow for the use of conventional underlying zoning designations as a clear indication of fundamental land use policy, while signaling the need for special development considerations to deal with specified design objectives or environmental factors. This combining district may be used to require or allow departure from the property development standards set forth in the basic zoning district provisions of this chapter and to require or allow in lieu thereof, the application of special developmental criteria for those lots, parcels and areas that may require special attention or be disadvantaged by having one or more of the following characteristics:

1.

Located adjacent to a freeway, highway or other noise generator such that noise levels on the lot exceed or are likely to exceed commonly accepted noise levels for the use(s) permitted in the zone.

2.

Located adjacent to a major vehicular roadway, industrial activity or other generator of air pollution such that air pollution on the lot exceeds or is likely to exceed commonly accepted air pollution levels for the use(s) permitted in the zone.

3.

Located upon or near any other environmental hazard that may be hazardous to people who would use the land in the commonly accepted manner for uses permitted by the applicable zone.

4.

Of such size, shape, location, ownership pattern or topography that the property development standards of the zone, if applied, would create substandard development.

5.

Located adjacent to a use or other zoning district so that the property development standards of the zone, if applied, would create a substandard development on the subject property or adversely impact adjacent properties.

6.

Is characterized by features, or relates to public facilities, existing or planned, or to the surrounding neighborhood in such a way that special design criteria are needed to ensure that development thereupon will not be detrimental to the neighborhood or conversely that development thereupon has properly considered and responded to the surroundings.

b.

Description. The combining district provided by these sections shall be known as the special design or -SD combining district. It may be combined with any other zoning district designation provided for in this chapter in accordance with the procedures set forth in Section 36.52.35 (Zoning Amendments)of this chapter.

c.

Findings. In addition to the procedures set forth in Section 36.52.35 (Zoning Amendments)of this chapter, both the environmental planning commission and the city council shall, as part of their final action in imposing said special design combining district, find that one (1) or more of the characteristics set forth in Section 36.26.85 apply to the lot or area being considered for the special design combining district designation and shall so find and specify what these characteristics are.

d.

Uses permitted. The principal, accessory and permitted uses of the underlying zoning district shall apply to all lots or areas on which the special design (SD) combining district is imposed except that uses which pose a particular hazard or environmental problem to adjoining properties may be limited.

e.

Development criteria. In lieu of, or in addition to, the property development standards set forth for the underlying zoning district, specific development criteria may be applied to lots or areas upon which the special design (SD) combining district is imposed and shall be considered by the zoning administrator in considering specific designs to ensure they satisfy the requirements of the special design combining district. The following criteria may be set forth in a set of development guidelines adopted along with the ordinance:

1.

Special setbacks, yards and distances between buildings and property lines.

2.

Special sound or pollution barriers in the form of walls, berms and similar structural devices to reduce noise or air pollution.

3.

Orientation of windows and other openings in buildings away from environmental hazards.

4.

Special landscaping to shield or buffer from environmental hazards.

5.

Special site planning and juxtapositioning of buildings and other elements of the site to assure protection from environmental hazards.

6.

Such other physical requirements or land use limits as will constitute protection from any specific hazard or hazards set forth by the city council.

7.

Special design considerations deemed appropriate to ensure suitable quality development or development which will complement the neighborhood or address special constraints and/or needs of the area, including, but not limited to: heights, coverage, tree retention, driveways, parking layout, building design or other design-related aspects.

f.

Permit required. A special design permit shall be required prior to the development of any use within an SD combining district, other than crop and tree farming. Said permit shall set forth with particularity the nature of each use to be permitted and shall define the location and extent of each such permitted use by reference to maps or drawings attached to said permit. The application for such permit may be considered concurrently with, or subsequent to, the consideration of SD combining district zoning.

(Ord. No. 18.13, § 1, 12/10/13.)

Sec. 36.26.90. - Reserved.

Editor's note— Ord. No. 22.19, § 3, adopted Dec. 10, 2019, repealed § 36.26.90, which pertained to transit (-T) district and derived from Ord. No. 18.13, § 1, adopted Dec. 10, 2013.

SEC. 36.26.95. - Village center floating district.

a.

Purpose. The village center floating district (VC zone) is intended to permit future growth and redevelopment in key locations within the El Camino Real precise plan in areas with concentrations of commercial uses and served by transit and regional transportation networks. Use of the VC zone can implement neighborhood transition, open space, transit-supportive design, pedestrian access, and public benefits direction included in the El Camino Real precise plan. In addition to the requirements set forth in this section, projects in the VC zone must also comply with the El Camino Real precise plan.

b.

Minimum requirements. The VC zone may only be applied to a project that meets all the following criteria:

1.

It is in a location identified as village center in the El Camino Real precise plan.

2.

It is on a parcel or group of parcels with a minimum area of 60,000 square feet (net). Several parcels may be combined to form a single project site if they have an integrated site and/or are proposed and approved as a single development or master plan.

3.

Rezoning to the VC zone requires the provision of public benefits consistent with the El Camino Real precise plan and any other public benefits policy in effect at the time of the rezoning. The value of public benefits provided as part of the rezoning are at the discretion of the city council, and are in addition to those provided by the project through a planned community permit.

c.

Floor area ratio and height. Properties in the VC zone may have a floor area ratio and/or height consistent with the "Tier 2" standards and process requirements in the El Camino Real precise plan. All other development standards, guidelines, and land use requirements in the El Camino Real precise plan apply.

d.

Permit and process required. The El Camino Real precise plan includes a tiered structure for development review. The lowest levels of intensity, "Base" and "Tier 1," may be built with or without a VC zone in place. The highest level, "Tier 2," may only be built within a VC zone. The VC zone is applied to a project site through the process in Sec. 36.52.35 (zoning amendments). The VC zone is applied in addition to, and does not replace, the El Camino Real precise plan.

Proposed development within a VC zone shall be required to obtain a planned community permit, consistent with the direction in the El Camino Real precise plan and in accordance with Sec 36.50.30 (planned community permits). Planned community permits for the development of "Tier 2" projects are subject to environmental planning commission review and city council approval.

e.

Development criteria. Development in the VC zone will be reviewed for consistency with the development standards and guidelines in the El Camino Real precise plan, which provide direction on setbacks, design, coverage, open area, access, parking, and other requirements.

(Ord. No. 20.14, § 3, 12/9/14.)