Chapter 19 of the Novato Municipal Code is and may be cited as the Novato Zoning Ordinance, hereafter referred to as "this zoning ordinance."

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This zoning ordinance implements the goals and policies of the Novato General Plan by classifying and regulating the uses of land and structures within the City of Novato. In addition, this zoning ordinance is adopted to protect and to promote the public health, safety, and general welfare of residents, and preserve and enhance the aesthetic quality of the City. To fulfill these purposes, it is the intent of this Zoning Ordinance to:

A.

Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community;

B.

Implement the uses of land designated by the Novato General Plan and avoid conflicts between land uses;

C.

Maintain and protect the value of property;

D.

Conserve and protect the open space, scenic beauty, and other natural resources of the City;

E.

Protect the character, and social and economic stability of residential, commercial, and industrial areas;

F.

Assist in maintaining a high quality of life without causing unduly high public or private costs for development or unduly restricting private enterprise, initiative, or innovation in design; and

G.

Provide for appropriate citizen participation in the decisions made in compliance with this Zoning Ordinance.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

This Zoning Ordinance is enacted based on the authority vested in the City of Novato by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); the Subdivision Map Act (the "Map Act" Government Code Sections 66410 et seq.); and the California Health and Safety Code.

B.

This Zoning Ordinance and the Zoning Map (Section 19.04.030) are the primary tools used by the City of Novato to implement the goals, objectives, policies and programs of the Novato General Plan, which is the overall policy document of the City, hereafter referred to as the "General Plan."

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This Zoning Ordinance applies to all land uses, structures, subdivisions, and development within the City of Novato, as provided by this Section.

A.

New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of Division 19.06 (Development and Land Use Approval Requirements) or, where applicable, Division 19.52 (Nonconforming Uses, Structures, and Parcels), is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any use of land or structure.

B.

Issuance of Building or Grading Permits. The City may issue building, grading, or other construction permits only when:

1.

The proposed land use and/or structure satisfy the requirements of Subsection A. above, and all other applicable statutes, ordinances and regulations; and

2.

The City Engineer determines that the site was subdivided in compliance with Chapter IX of the Municipal Code (Land Subdivision).

C.

Subdivision of Land. Any subdivision of land proposed within the City after the effective date of this Zoning Ordinance shall be consistent with: the minimum lot size requirements of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), any applicable Specific Plan, Master Plan or Precise Development Plan, all other applicable requirements of this Zoning Ordinance, and the City's subdivision regulations.

D.

Effect of Zoning Ordinance on Existing Uses and Structures. An existing land use or structure is lawful only when it was legally established in compliance with all applicable regulations, and when it is operated and maintained in compliance with all applicable provisions of this Zoning Ordinance, including Division 19.52 (Nonconforming Uses, Structures and Parcels).

Existing land uses or structures that were in violation of City zoning regulations applicable before the effective date of this Zoning Ordinance, are in violation of this Zoning Ordinance. These uses shall continue to be in violation unless they conform to the current provisions of this Zoning Ordinance.

E.

Effect of Zoning Ordinance Changes on Projects in Progress. A land use permit application that has been accepted by the Department as complete prior to March 10, 2000, (when the Revised Draft Zoning Ordinance was noticed and made available for public review) shall be processed according to the requirements in effect when the application was accepted as complete.

F.

Minimum Requirements. The provisions of this Zoning Ordinance shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Ordinance provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance.

G.

Other Requirements May Still Apply. Nothing in this Zoning Ordinance eliminates the need for: obtaining any permit, approval, or entitlement required by other provisions of the Municipal Code; or complying with the regulations of any City department, or any County, regional, State, or Federal agency.

H.

Conflicting Requirements. Any conflict between different requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations, shall be resolved in compliance with Section 19.02.020.D (Conflicting Requirements).

I.

Exemption for City Projects. This Zoning Ordinance does not apply to any City facilities or real property owned, used, operated, leased or controlled by the City of Novato, the Redevelopment Agency of the City of Novato, or the Novato Public Finance Authority. However, nothing in this section shall eliminate the requirements of the California Environmental Quality Act (CEQA) or General Plan consistency determination on public projects.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This Zoning Ordinance shall be administered by: the City Council, hereafter referred to as the "Council;" Planning Commission, hereafter referred to as the "Commission;" Design Review Commission, hereafter referred to as the "DRC;" Zoning Administrator; Community Development Director, hereafter referred to as the "Director;" and the Community Development Department, hereafter referred to as the "Department;" in compliance with Chapter II of the Municipal Code and Division 19.50 of this Zoning Ordinance (Administrative Responsibility).

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

This Division provides rules for resolving questions about the meaning or applicability of any part of this Zoning Ordinance. The provisions of this Division are intended to ensure the consistent interpretation and application of the requirements of this Zoning Ordinance and the General Plan.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Authority. The Zoning Administrator shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Zoning Ordinance.

B.

Language.

1.

Terminology. When used in this Zoning Ordinance, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to."

2.

Number of Days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days, unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by the Map Act.

3.

State Law Requirements. Where this Zoning Ordinance references applicable provisions of State law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.

C.

Calculations Rounding. Where provisions of this Zoning Ordinance require calculations to determine applicable requirements, any fractional/decimal results of the calculations shall be rounded as provided by this Subsection.

1.

Residential Density, Minimum Lot Area, Number of Lots, and Number of Units. The fractional/decimal results of calculations of the number of dwelling units allowed on a parcel based on maximum density requirements of the General Plan, and the number of parcels or dwelling units allowed through either subdivision based on a minimum lot area requirement or number of units allowed based on minimum site area from the Zoning Ordinance shall be rounded down to the next lowest whole number. For example, the R1-7.5 zoning district allows a minimum lot area of 7,500 square feet for new subdivisions. Therefore, a parcel of 21,000 square feet could be subdivided into a maximum of two parcels, if approved by the Review Authority (21,000 / 7,500 = 2.8, rounded down to 2).

2.

All Other Calculations. For all calculations required by this Zoning Ordinance other than those described in Subsection C.1 above, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5.

D.

Conflicting Requirements. Any conflicts between different requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations, shall be resolved as follows:

1.

Zoning Ordinance Provisions. In the event of any conflict between the provisions of this Zoning Ordinance, the most restrictive requirement shall control, except in case of any conflict between the zoning district regulations of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and the provisions of Article 3 (Site Planning and General Development Standards), the provisions of Article 3 shall control.

2.

Development Agreements or Specific Plans. In the event of any conflict between the requirements of this Zoning Ordinance and standards adopted as part of any Development Agreement or Specific Plan, the requirements of the Development Agreement or Specific Plan shall control.

3.

Municipal Code Provisions. In the event of any conflict between requirements of this Zoning Ordinance and other regulations of the City, the Zoning Administrator shall determine which provision shall control.

4.

Private Agreements. It is not intended that the requirements of this Zoning Ordinance shall interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

5.

Master Plans. An approved Master Plan is a rezoning and zoning text amendment for a particular site. In the event of any conflict between the provisions of this Zoning Ordinance and an approved Master Plan, the Master Plan shall control. Where the Master Plan is silent, the provisions in this Zoning for the most comparable zoning district shall control.

6.

Precise Development Plans. For uses allowed by the Master Plan, a Precise Development Plan shall set forth the physical standards. In the event of any conflict between the requirements of this Zoning Ordinance and an approved Precise Development Plan, the Precise Development Plan shall control. Where the Precise Development Plan is silent, the standards and special provisions of this Zoning Ordinance shall control.

E.

Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the following rules are to be used in resolving the uncertainty:

1.

Where the Zoning Map shows any lot or area within a particular zoning district, the zoning district shall extend to the centerline of any adjacent road, street, parkway, or highway.

2.

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the Zoning Map, the Zoning Administrator shall determine the location of the boundary by using the scale appearing on the Zoning Map, and any other relevant information deemed necessary. See also Section 19.06.050 (Requirements for Sites Divided by Zoning Boundary).

3.

Where a public street, alley, railroad, or other public right-of-way is officially vacated or abandoned, property that was within the former right-of-way shall be deemed to be included within the zoning district applicable to the property to which the abandoned right-of-way is being attached. Where the right-of-way is not being attached to another parcel and is becoming a separate parcel, the zoning shall be applied in compliance with Subsection E.1, above.

F.

Allowable Uses of Land. If a proposed use of land is not specifically listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) the use shall not be allowed, except as follows:

1.

Similar Uses Allowed. The Zoning Administrator may determine that a proposed use not listed in Article 2 may be allowed as a permitted or conditional use, or is not allowed. In making a determination that a proposed use is allowed as a permitted or conditional use, the Zoning Administrator shall first find that:

a.

The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, traffic generation, parking, dust, noise or intensity than the uses listed in the district;

b.

The proposed use will meet the purpose/intent of the zoning district that is applied to the site; and

c.

The proposed use will be consistent with the goals, objectives and policies of the General Plan and any applicable Specific Plan, Master Plan, or Precise Development Plan.

2.

Applicable Standards and Permit Requirements. When the Zoning Administrator determines that a proposed, but unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required and what other standards and requirements of this Zoning Ordinance apply.

3.

Accessory Use Prohibited. A use that is not allowed in a given zoning district shall not be established as an accessory use to an allowed use in that district unless expressly permitted by this Zoning Ordinance or an official interpretation of this Zoning Ordinance adopted pursuant to Division 19.02.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1715, Exh. A, 4-19-2024)

Whenever the Zoning Administrator determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally, or as applied to a specific case, the Zoning Administrator may issue an official interpretation.

A.

Request for Interpretation. The request for an interpretation or determination shall be filed with the Department and shall include all information required by the Department.

B.

Referral of Interpretation. The Zoning Administrator has the option of forwarding any interpretation or determination of the meaning or applicability of any provision of this Zoning Ordinance directly to the Commission for consideration.

C.

Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan, and any applicable Specific Plan.

D.

Record of Interpretations. Official interpretations shall be:

1.

Written, and shall quote the provisions of this Zoning Ordinance being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

2.

Distributed to the Council, Commission, Zoning Administrator, DRC, City Manager, City Attorney, City Clerk, and affected Department staff.

Any provision of this Zoning Ordinance that is determined by the Zoning Administrator to need refinement or revision will be corrected by amending this Zoning Ordinance as soon as is practical. Until an amendment can occur, the Zoning Administrator will maintain a complete record of all official interpretations as an appendix to this Zoning Ordinance, and indexed by the number of the Division or Section that is the subject of the interpretation.

E.

Appeals. Any interpretation of this Zoning Ordinance may be appealed in compliance with Division 19.54 (Appeals).

Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)