This Division establishes the zoning districts applied to property within the City, determines how the zoning districts are applied on the Zoning Map, and establishes general permit requirements for development and new land uses.

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

The City of Novato shall be divided into zoning districts which implement the Novato General Plan. The zoning districts shown in Table 2-1 are hereby established, and shall be shown on the official Zoning Map.

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

The Council hereby adopts the City of Novato Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Zoning Ordinance by reference as though it were fully included here. The boundaries of the zoning districts established by Section 19.04.020 (Zoning Districts Established) shall be shown upon the Zoning Map.

TABLE 2-1
ZONING DISTRICTS

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1587, § 2(Exh. B) 12-3-2013)

This Division provides general requirements for the approval of proposed development and new land uses in the City. The land use permit requirements established by this Zoning Ordinance for specific land uses are in Divisions 19.08 through 19.16, and in Article 3.

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

All uses of land and/or structures shall be established, constructed, reconstructed, altered, or replaced, in compliance with the following requirements:

A.

Allowable Use. The use of land shall be identified by Divisions 19.08 (Agricultural and Resource Zoning Districts), 19.10 (Residential Zoning Districts), 19.12 (Commercial/Industrial Zoning Districts), 19.14 (Special Purpose Zoning Districts), or 19.16 (Overlay Zoning Districts) as being allowable in the zoning district applied to the site. A determination of whether a particular land use is allowable shall be made in compliance with Section 19.02.020.F (Rules of Interpretation - Allowable Uses of Land).

In the case of a site subject to an approved Master Plan, the land use requirements of the Master Plan shall be considered an amendment to this Zoning Ordinance. If the approved Master Plan or Precise Development Plan is silent, the requirements of the most comparable zoning district shall apply, as determined by the Director.

B.

Permit/Approval Requirements. Any land use permit or other approval required by Section 19.06.030 (Allowable Land Uses and Permit Requirements) shall be obtained before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 19.06.040 (Exemptions from Land Use Permit Requirements).

C.

Development Standards. The use of land and/or structure shall comply with all applicable requirements of this Zoning Ordinance, including the zoning district standards of this Article, and the provisions of Article 3 (Site Planning and General Development Standards).

In the case of a site subject to an approved Master Plan or Precise Development Plan, the land use and development standards of the Master Plan or Precise Development Plan shall apply instead of the requirements of this Zoning Ordinance. If the approved Master Plan or Precise Development Plan do not provide development standards (e.g., setback requirements, height limits, etc.) the standards of the most equivalent zoning district shall apply, as determined by the Director.

D.

Conditions of Approval. The use of land and/or structures shall comply with any applicable conditions imposed by any previously granted land use permit or other approval.

E.

Legal Parcel. The use of land and/or structures shall only be established on a parcel of land which has been legally created in compliance with the Subdivision Map Act and Chapter IX of the Municipal Code (Land Subdivision), as applicable at the time the parcel was created.

F.

Development Agreements. The use and/or structures shall comply with any applicable Development Agreement approved by the City in compliance with Division 19.48 (Development Agreements).

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

The uses of land allowed by this Zoning Ordinance in each zoning district are identified in Divisions 19.08, 19.10, 19.12, 19.14, and 19.16, together with the type of land use permit required for each use.

A.

Permit Requirements. Tables 2-2, 2-4, 2-6, 2-7 and 2-9 provide for land uses that:

1.

Are permitted subject to compliance with all applicable provisions of this Zoning Ordinance, subject to first obtaining a Zoning Clearance (Section 19.42.020), and any Building Permit or other permit required by the Municipal Code. These are shown as "P" uses in the tables; and

2.

May be allowed subject to the approval of a Use Permit (Section 19.42.050), and shown as "UP" uses in the tables.

Note: Design Review may also be required prior to the issuance of a Building Permit for certain uses and types of development. Design Review requirements are established by Section 19.42.030.

B.

Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and Tables 2-2, 2-5, 2-6, 2-7, and 2-9 require different land use permits for some of the uses, each use shall be authorized through the approval of the permit required for the specific use.

C.

Uses Not Listed. Land uses that are not listed in Tables 2-2, 2-4, 2-6, 2-7, or 2-9, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 19.02.020.F (Rules of Interpretation - Allowable Uses of Land), or Section 19.06.040 (Exemptions from Land Use Permit Requirements).

D.

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.

E.

Use Violating Federal or State Laws Unlawful. Notwithstanding any other provision of this Title, nothing in this Title shall permit, enable, endorse, allow, or make lawful any use that is in violation of any lawful federal or state statute or provision of the United States or California Constitution. No permit, entitlement, authorization, application, or approval shall be granted or approved, as the case may be, by any employee, officer or agent of the City for any use of real property that is in violation of any lawful federal or state statute or provision of the United States or California Constitution. Any use of real property located within the jurisdictional boundaries of the City that is conducted or maintained in violation of any lawful federal or state statute or provision of the United States or California Constitution shall constitute a violation of this Title and is hereby declared to be a public nuisance.

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

The land use permit requirements of this Zoning Ordinance do not apply to the activities, uses of land and/or structures identified by this Section. However, nothing in this Section shall eliminate the requirements of the Municipal Code for obtaining grading, building, and/or other construction permits prior to starting any work, or eliminate the requirements of the California Environmental Quality Act (CEQA).

A.

Governmental Facilities. Facilities of the City; and facilities of the Federal, State, or any other local governmental entity on land owned or leased by a governmental agency, for governmental operations, but only to the extent that exemption is required by Federal or State law.

B.

Interior Remodeling. Interior alterations that do not: increase the number of rooms or the gross floor area within the structure; change the approved use of the structure or the location of the approved use within the structure; or expand the floor area occupied by the approved use within the structure.

C.

Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be reestablished as it existed, provided that:

1.

It was legally established and in compliance with this Zoning Ordinance before destruction; and

2.

Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements.

See Section 19.52.020 regarding repairs to nonconforming structures.

D.

Repairs and Maintenance. Ordinary repairs and maintenance, if:

1.

The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; and

2.

The exterior repairs employ the same materials and design as the original construction.

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

Where a site is divided by one or more zoning district boundaries, the site shall be developed in compliance with the requirements of each district, as applicable. For example, if a site is zoned both commercial and residential, the portion of the site zoned commercial shall be developed in compliance with the commercial zoning regulations, and the portion zoned residential shall be developed in compliance with the requirements of the applicable residential district.

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

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 19.42.040 (Temporary Use Permits).

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

An allowed land use that has been granted a land use permit, or is exempt from a land use approval, may still be required to obtain City permits or approvals before the use is constructed, or otherwise established and put into operation. Nothing in this Division shall eliminate the need to obtain any permits or approvals required by:

A.

Other Municipal Code provisions, including: Building, Grading or other construction permits if they are required by Municipal Code Chapters IV or VI; or a business license if required by Municipal Code Chapter VIII; or

B.

Any applicable County, or any regional, State or Federal agency regulations.

All necessary permits shall be obtained before starting work or establishing new uses.

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

This Division lists the uses of land that may be allowed within the agricultural and resource zoning districts established by Section 19.04.020 (Zoning Districts Established). It also determines the type of land use permit/approval required for each use, and provides general standards for site development.

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

The agricultural and resource zoning districts are provided to help preserve and maintain agricultural land, natural open space areas, and conserve natural resources while accommodating a built environment that complements the natural environment. The purposes of the individual agricultural and resource zoning districts and the manner in which they are applied are as follows:

A.

A (Agricultural) District. The A zoning district is intended to be applied to lands that are to be protected and maintained in agricultural use, with allowable non-agricultural uses being related to and supportive of the continuing primary agricultural use. The A zoning district is consistent with the Agricultural land use designation of the General Plan.

B.

OS (Open Space) District. The OS zoning district is intended to preserve natural resources and provide for flood control, to protect the public health and safety on public land. The OS zoning district is consistent with the Open Space land use designation of the General Plan.

C.

ROS (Restricted Open Space) District. The ROS district is intended to recognize lands that have been acquired or dedicated for Open Space purposes and that are restricted in their use. The ROS zoning district is consistent with the Open Space land use designation of the General Plan.

D.

C (Conservation) District. The C zoning district is intended to maintain privately-owned, unimproved land to conserve natural resources. The C zoning district is consistent with the Conservation land use designation of the General Plan.

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

Table 2-2 identifies the uses of land allowed by this Zoning Ordinance in each agricultural and resource zoning district, and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and Permit Requirements). In addition to the land use permit required by Table 2-2, special provisions related to certain land uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design Review). A Building Permit shall be required prior to any construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(4)

Accessory use may be allowed in accordance with standards as promulgated by the Novato Fire Protection District and all other applicable local, state and federal laws and regulations.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1643, § 5, 10-9-2018; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1718, § 3(Exh. C), 9-10-2024; Ord. No. 1723, § 3(Exh. B), 3-25-2025)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-3, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (General Property Development and Use Standards).

TABLE 2-3
AGRICULTURAL AND RESOURCE DISTRICT
GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Maximum number of dwellings allowed per gross acre in a single-family subdivision. The actual number of units allowed is determined through the applicable subdivision or land use permit process, and there is no guarantee that the maximum density may be achieved.

(2)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

(3)

The Zoning Map designations include a suffix denoting the minimum lot area in acres for the Conservation zone. For example, CON-20 requires a minimum lot area of 20 acres. The density suffix shall be applied to property as part of the rezoning process.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1705, § 4(Exh. A), 10-10-2023)

This Division lists the uses of land that may be allowed within the residential zoning districts established by Section 19.04.020 (Zoning Districts Established). It also determines the type of land use permit/approval required for each use, and provides general standards for site development.

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

Different residential zoning districts are intended to "...Provide for a variety of housing opportunities through new construction and maintenance of existing housing for an economically and socially diverse population, while preserving the character of the community." (Housing Element goal, General Plan page III-4). The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:

A.

RR (Rural Residential) District. The RR zoning district is intended for areas appropriate for rural, low density residential living. The maximum allowable residential density is one dwelling unit per two acres. The RR zoning district is consistent with the Rural Residential land use designation of the General Plan.

B.

RVL (Very Low Density Residential) District. The RVL zoning district is intended for areas appropriate for the development of single family homes. The maximum allowable residential density ranges from 0.5 to one dwelling unit per acre. The RVL zoning district is consistent with the Very Low Density Residential land use designation of the General Plan.

C.

R1 (Low Density Residential) Districts. The R1 zoning districts are intended for areas appropriate for the development of single family homes. The maximum allowable residential density ranges from 1.1 to five dwelling units per acre. The R1 zoning district is consistent with the Low Density Residential land use designation of the General Plan.

D.

R4 (Medium Density Detached Residential) District. The R4 zoning district is intended for areas appropriate for the development of single family homes. The maximum allowable residential density ranges from 4.1 to seven dwelling units per acre. The R4 zoning district is consistent with the Medium Density Detached land use designation of the General Plan.

E.

R5 (Medium Density Residential) District. The R5 zoning district is intended for areas appropriate for a mix of housing types on smaller lots. Typical residential land uses include single- and two-family dwelling units, either attached or detached. The maximum allowable residential density ranges from 5.1 to 10 dwelling units per acre. The R5 zoning district is consistent with the Medium Density Residential land use designation of the General Plan.

F.

R10 (Medium Density Multi-Family Residential) District. The R10 zoning district is intended for areas appropriate for a variety of medium density dwelling units, including multi-family, two-family and single family residences, either attached or detached. The maximum allowable residential density ranges from 10.1 to 20 dwelling units per acre. The R10 zoning district is consistent with the Medium Density Multiple Family Residential land use designation of the General Plan.

G.

R20 (High Density Multi-Family Residential) District. The R20 zoning district is intended for areas appropriate for high density multi-family dwelling units. The maximum allowable residential density ranges from 20.1 to 30 units per acre. The R20 zoning district is consistent with the High Density Multiple-Family Residential land use designation of the General Plan.

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

Table 2-4 identifies the uses of land allowed by this Zoning Ordinance in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and Permit Requirements). In addition to the land use permit required by Table 2-4, special provisions related to certain land uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design Review). A Building Permit shall be required prior to any construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

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

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Tables 2-5 and 2-6, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(4)

Standards and additional permit requirements determined by Section 19.34.060.

(5)

Kennel is not a permitted land use in an R1 Zoning District.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

TABLE 2-5
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

10 ft setback allowed for a single story building element if it does not occupy more than 25 percent of the required rear setback.

(2)

Maximum percentage of site area that may be covered by structures.

(3)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions), and Division 19.26 (Hillside and Ridgeline Protection).

(4)

20 feet minimum for a garage using the side street for access.

(5)

40 feet allowed for barns.

TABLE 2-5
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued)

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

(3)

10 feet minimum when building height exceeds 20 feet.

(4)

20 feet minimum for a garage using the side street for access, or when the building exceeds 20 feet in height.

(5)

20 feet minimum when the rear property line abuts a single family zone.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1591, § 2(Exh. A), 3-18-2014; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1611, § 2(Exh. A), 11-29-2016; Ord. No. 1643, § 6, 10-9-2018; Ord. No. 1705, § 4(Exh. A), 10-10-2023; Ord. No. 1718, § 3(Exhs. B—D), 9-10-2024; Ord. No. 1723, § 3(Exh. B), 3-25-2025)

The residential Zoning Map symbols shall include a suffix denoting the maximum allowable density and/or the minimum lot area. Maximum density is expressed as the minimum site area per dwelling unit, consistent with the density range provided for the subject residential area by the General Plan. For example, R1-20 requires a minimum lot area of 20,000 square feet, and R1-7.5 requires a minimum lot area of 7,500 square feet. The density suffix shall be applied to property through the rezoning process. See Tables 2-5 and 2-6.

TABLE 2-5
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS -
LOW DENSITY DISTRICTS

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Maximum allowed height of structures. See also 19.20.070 (Height Limits and Exceptions), and Division 19.26 (Hillside and Ridgeline Protection).

(3)

40 feet allowed for barns. 20 feet minimum for a garage using the side street for access.

(4)

20 feet minimum for a garage using the side street for access, or when the building exceeds 20 feet in height.

(5)

10 ft. setback allowed for an attached single story building element (e.g., room addition, patio cover) if it does not occupy more than 25 percent of the required rear setback.

TABLE 2-6
RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS—MULTI-FAMILY DISTRICTS

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Maximum allowed height of structures. See also 19.20.070 (Height Limits and Exceptions), and division 19.26 (Hillside and Ridgeline Protection).

(3)

20 feet minimum for a garage using the side street for access.

(4)

10 ft. setback allowed for an attached single story building element (e.g., room addition, patio cover) if it does not occupy more than 25 percent of the required rear setback.

(5)

Allowable density shall be reduced by 20 percent for lots less than 7,500 square feet or width less than 60 feet.

(6)

10 feet minimum when building height exceeds 20 feet.

(7)

20 feet minimum for a garage using the side street for access, or when the building exceeds 20 feet in height.

(8)

20 feet minimum when the rear property line abuts a single family zone.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1595, § 2(Exh. A), 12-16-2014)

This Division lists the uses of land that may be allowed within the commercial zoning districts established by Section 19.04.020 (Zoning Districts Established), determines the type of land use permit/approval required for each use, and provides basic standards for site development.

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

The commercial and industrial zoning districts are intended to provide continuity to maintain the character and intensity of commercial opportunities, while encouraging revitalization of existing commercial land uses. The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows:

A.

BPO (Business and Professional Office) District. The BPO zoning district is applied to areas appropriate for a variety of office activities including medical and professional offices, and office campuses. The BPO zoning district is consistent with the Business and Professional Office land use designation of the General Plan.

B.

CN (Neighborhood Commercial) District. The CN zoning district is applied to neighborhood shopping areas to meet the retail and service needs of nearby residents. The CN zoning district is consistent with the Neighborhood Commercial land use designation of the General Plan.

C.

CG (General Commercial) District. The CG zoning district is applied to areas appropriate for a range of community serving commercial, regional retail, and service land uses. The CG zoning district is consistent with the General Commercial land use designation of the General Plan.

D.

CDR (Downtown Core Retail) District. The CDR zoning district is applied to part of the downtown area, and is intended to allow for a mix of commercial, office and residential land uses with predominantly retail, entertainment and personal services on the ground floor street frontage to encourage pedestrian activities. The CDR zoning district is consistent with the Downtown Core land use designation of the General Plan.

E.

CDB (Downtown Core Business) District. The CDB is applied to part of the downtown area and is intended to allow for a broad range of commercial, office and residential land uses. The CDB is consistent with the Downtown Core land use designation of the General Plan.

F.

CI (Commercial/Industrial) District. The CI zoning district is applied to areas suitable for intensive commercial land uses, including automobile repair shops, construction related businesses and similar uses. The intent of the CI zoning district is to encourage the maintenance and improvement of existing businesses in this zoning district. The CI zoning district is consistent with the Commercial/Industrial land use designation of the General Plan.

G.

LIO (Light Industrial/Office) District. The LIO zoning district is applied to areas appropriate for light industrial and manufacturing uses including manufacturing, warehousing, offices and assembly uses, involving a limited generation of nuisances. Land uses in the LIO zoning district encompass uses that will not create objectionable noise, smoke, odor, dust, noxious gases, glare, heat, vibration, and industrial wastes. The LIO zoning district is consistent with the Light Industrial/Office land use designation of the General Plan.

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

Table 2-7 identifies the uses of land allowed by this Zoning Ordinance in the commercial and industrial zoning districts, and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and Permit Requirements). In addition to the land use permit required by Table 2-7, special provisions related to certain land uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design Review). A Building Permit shall be required prior to any construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

KEY TO ZONING DISTRICT SYMBOLS

Notes: (Only the notes that apply to this page are shown. A full list of notes is provided at the end of Table 2-7.)

(1)

See Article VI for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(4)

Accessory use may be allowed in accordance with standards as promulgated by the Novato Fire Protection District and all other local, state and federal laws and regulations.

(17)

All commercial cannabis activities are also allowed on any Planned District (PD) zoned property which carries a Novato General Plan land use designation of Commercial/Industrial (CI) or Light Industrial/Office (LIO). In addition, cannabis testing laboratories are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO), General Commercial (GC), or Downtown Core (CD) and Non-Storefront Retail sales of cannabis are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO).

(18)

Commercial cannabis activities must be issued a Commercial Cannabis Business Permit (CCBP) in addition to a Zoning Clearance prior to initiation of activities. See Novato Municipal Code Section 8-11 for licensing requirements and process information.

KEY TO ZONING DISTRICT SYMBOLS

Notes: (Only the notes that apply to this page are shown. A full list of notes is provided at the end of Table 2-7.)

(1)

See Article VI for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(5)

Use allowed only on upper floors or rear of site, with ground floor street frontage reserved for retail, entertainment and personal service uses.

(6)

Permit requirement established by Division 19.23 (Adult-Oriented Businesses).

KEY TO ZONING DISTRICT SYMBOLS

Notes: (Only the notes that apply to this page are shown. A full list of notes is provided at the end of Table 2-7.)

(1)

See Article VI for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(7)

Permitted if in compliance with the design standards of the Downtown Specific Plan.

(8)

Use Permit required if located within 300 feet of a residential zone.

(9)

Related uses are permitted which meet all of the following criteria: open during weekdays 10 a.m. to 5 p.m. and Saturday; provides window displays which are changed monthly; and has two-hour customer turnover.

(10)

Also permitted in the public right-of-way with a license agreement pursuant to Section 15-4 of the Municipal Code.

(14)

Except for restaurants with incidental on-site alcohol.

(17)

All commercial cannabis activities are also allowed on any Planned District (PD) zoned property which carries a Novato General Plan land use designation of Commercial/Industrial (CI) or Light Industrial/Office (LIO). In addition, cannabis testing laboratories are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO), General Commercial (GC), or Downtown Core (CD) and Non-Storefront Retail sales of cannabis are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO).

(18)

Commercial cannabis activities must be issued a Commercial Cannabis Business Permit (CCBP) in addition to a Zoning Clearance prior to initiation of activities. See Novato Municipal Code Section 8-11 for licensing requirements and process information.

KEY TO ZONING DISTRICT SYMBOLS

Notes: (Only the notes that apply to this page are shown. A full list of notes is provided at the end of Table 2-7.)

(1)

See Article VI for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(5)

Use allowed only on upper floor or rear of site, with ground floor street frontage reserved for predominantly retail, entertainment and personal service uses.

(11)

Drive-through banking services only.

(12)

See Section 19.030.040, Table 3-7 for parking requirements of ground floor offices, medical, business and financial services in the Downtown Business Core.

(13)

Use allowed only on upper floors and up to a maximum of 25% of the ground floor in rear of a building, with ground floor street frontage reserved for predominantly retail, entertainment and personal service uses.

(15)

Crematories are only allowed in the LIO District, and must be located a minimum of 1,000 feet from residential uses, schools and day care centers.

(19)

Check cashing services may be offered as an accessory use to a travel agency or grocery store subject to the requirements of Section 19.34.034.

KEY TO ZONING DISTRICT SYMBOLS

Notes: (Only the notes that apply to this page are shown. A full list of notes is provided at the end of Table 2-7.)

(1)

See Article VI for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(5)

For properties with building frontage on Grant Avenue or Redwood Boulevard: Use allowed only on upper floor or rear of building, with ground floor street frontage reserved for retail, entertainment and personal service uses.

(16)

Parking facilities shall not front on Grant Avenue or Redwood Boulevard.

COMPLETE LIST OF NOTES FOR TABLE 2-7 (Reflects all revised notes above and highlighted as new additions to Ordinance).

(1)

See Article VI for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(4)

Accessory use may be allowed in accordance with standards as promulgated by the Novato Fire Protection District and all other local, state and federal laws and regulations.

(5)

For properties with building frontage on Grant Avenue or Redwood Boulevard: Use allowed only on upper floor or rear of building, with ground floor street frontage reserved for retail, entertainment and personal service uses.

(6)

Permit requirements established by Division 19.23 (Adult-oriented Businesses).

(7)

Permitted if in compliance with the design standards of the Downtown Specific Plan.

(8)

Use Permit required if located within 300 feet of a residential zone.

(9)

Related uses are permitted which meet all of the following criteria: open during weekdays 10 a.m. to 5 p.m. and Saturday; provides window displays which are changed monthly; and has two-hour customer turnover.

(10)

Also permitted in the public right-of-way with a license agreement pursuant to Section 15-4 of the Municipal Code.

(11)

Drive-through banking services only.

(12)

Ground floor offices, medical, business and financial services in the Downtown Business Core shall provide required parking at 1 space per 250 sq. ft. of gross floor area.

(13)

Use allowed only on upper floors and up to a maximum of 25% of the ground floor in rear of a building, with ground floor street frontage reserved for predominantly retail, entertainment and personal service uses.

(14)

Except for restaurants with incidental on-site alcohol sales.

(15)

Crematories are only allowed in the LIO District, and must be located a minimum of 1,000 feet from residential uses, schools and day care centers.

(16)

Parking facilities shall not front on Grant Avenue or Redwood Boulevard.

(17)

All commercial cannabis activities are also allowed on any Planned District (PD) zoned property which carries a Novato General Plan land use designation of Commercial/Industrial (CI) or Light Industrial/Office (LIO). In addition, cannabis testing laboratories are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO), General Commercial (GC), or Downtown Core (CD) and Non-Storefront Retail sales of cannabis are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO).

(18)

Commercial cannabis activities must be issued a Commercial Cannabis Business Permit (CCBP) in addition to a Zoning Clearance prior to initiation of activities. See Novato Municipal Code Section 8-11 for licensing requirements and process information.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1587, § 8(Exh. H), 12-3-2013; Ord. No. 1591, § 3(Exh. B), 3-18-2014; Ord. No. 1611, § 3(Exh. B), 11-29-2016; Ord. No. 1622, § 4(Exh. B), 10-10-2017; Ord. No. 1643, § 7, 10-9-2018; Ord. No. 1656, § V, 11-12-2019; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1693, § 4(Exh. A), 11-15-2022; Ord. No. 1715, Exh. A, 4-19-2024; Ord. No. 1718, § 3(Exh. B), 9-10-2024; Ord. No. 1723, § 3(Exhs. A, B), 3-25-2025)

Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-8, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in Article 3, (Site Planning and General Development Standards).

TABLE 2-8
COMMERCIAL/INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

CN zoning district - FAR may be increased to 0.60 if additional floor area is used for housing, or for residential care facilities for the elderly (RCFE).

(3)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

TABLE 2-8
COMMERCIAL DISTRICT GENERAL DEVELOPMENT STANDARDS (Continued)

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Higher value FAR applies if housing is incorporated in a mixed-use project.

(3)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

(4)

Except for the Novato Industrial Park and Hamilton Hangar area, the maximum FAR shall be .6.

(5)

Within the Downtown Overlay zone, the height limit may be increased by 30 percent up to a maximum of 45 feet for the habitable floor area (excluding roof) with Design Review approval in accordance with Section 19.20.070.

(Ord. No. 1622, § 4(Exh. B), 10-10-2017; Ord. No. 1705, § 4(Exh. A), 10-10-2023)

This division lists the uses of land that may be allowed within the special purpose zoning districts established by Section 19.04.020 (Zoning Districts Established), determines the type of land use permit/approval required for each use, and provides basic standards for site development.

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

The purposes of the individual special purpose zoning districts and the manner in which they are applied are as follows:

A.

MU (Mixed Use) District. The MU zoning district is applied to areas surrounded by land currently developed with both commercial and residential land uses. Commercial and/or office land uses are permitted. Housing development may be permitted only in conjunction with either commercial and/or office uses. The MU zoning district is consistent with the Mixed Use land use designation of the General Plan.

B.

PD (Planned) District. The PD zoning district is applied to large parcels capable of being developed as an integrated community neighborhood, with appropriate public services, infrastructure, and neighborhood convenience retail and services; and to smaller sites with sensitive environmental resources or other unique constraints. The PD zoning district allows flexibility in site planning and development standards to encourage developments that are sensitive to natural resources and surrounding community context. The PD zoning district may be applied to any land use designation of the General Plan.

C.

CF (Community Facilities) District. The CF zoning district is applied to areas suitable for public land uses including government offices, meeting halls, schools and libraries, and other related municipal uses. The CF zoning district is consistent with the Community Facilities, Public Utilities, and Civic Uses land use designation of the General Plan.

D.

REI (Research/Education—Institutional) District. The REI zoning district was created by Section III of the "1995 Citywide Initiative Measure to Enact Regulations that Will Allow Development of the Buck Center for Research in Aging Project." The REI zoning district is consistent with the Research/Education-Institutional land use designation of the General Plan and zoning that was enacted by that initiative. Allowable land uses, permit requirements, and development standards for the REI zoning district are determined by Section 19.14.050.

E.

PL (Parkland) District. The Parkland zoning district is applied to areas suitable for public parks, playgrounds and other outdoor recreation uses. The PL zoning district is consistent with the Parkland designation in the General Plan.

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

A.

General Land Use Permit Requirements. Table 2-9 identifies the uses of land allowed by this Zoning Ordinance in each special purpose zoning district, and the land use permit required to establish each use, in compliance with Section 19.06.030 (Allowable Land Uses and Permit Requirements). In addition to the land use permit required by Table 2-9, special provisions related to certain land uses may apply, and Design Review may also be required for certain uses in compliance with Section 19.42.030 (Design Review). A Grading and/or Building Permit shall be required prior to any construction.

Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply.

B.

PD District Allowable Land Uses and Permit Requirements. Allowable land uses, building intensity and/or residential densities, and permit requirements within a PD (Planned) zoning district shall be determined by the Council through the adoption of a Master Plan in accordance with Section 19.42.060. Land uses established through the Master Plan shall be consistent with the General Plan. An approved Master Plan shall constitute a rezoning and zoning text amendment for a particular site. Where provisions of the Master Plan conflict with other provisions of this Zoning Ordinance, the Master Plan shall control pursuant to Section 19.02. PD zoned property, which does not have an approved Master Plan and Precise Development Plan, may be used for agricultural activities as defined in Article 2 Section 19.08, Agricultural and Resource Zoning Districts. Permissible types and numbers of commercial cannabis activities established in Section 8-11 of the Novato Municipal Code and further described in Section 19.34.066 of this chapter, are allowed on any Planned District (PD) zoned property which carries a Novato General Plan land use designation of Commercial/Industrial (CI) or Light Industrial/Office (LIO). In addition to CI and LIO, cannabis testing laboratories are also allowed on any property carrying a General Plan land use designation of Business and Professional Office (BPO), General Commercial (GC), or Downtown Core (CD), and Non-Storefront Retail uses are allowed on any property carrying a land use designation of Business and Professional Office (BPO).

C.

Gas Stations Prohibited. Unless exempt under Section 19.52.022.B.2, new gas stations shall be prohibited on any parcel zoned Planned District (PD); provided, however, that a gas station existing at the time Novato Ordinance No. 1693 becomes effective and located on a parcel zoned PD shall be subject to the nonconforming use provisions set forth in Section 19.52.022.B.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1656, § V, 11-12-2019; Ord. No. 1693, § 4(Exh. A), 11-15-2022)

A.

General Standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-10, in addition to any other applicable requirements of this Article, and the development standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).

B.

PD District. Development standards for projects within the PD (Planned) zoning district shall be determined by the Council through the adoption of a Precise Development Plan in accordance with Section 19.42.060, provided that the standards are found to be consistent with the objectives, policies and programs of the General Plan. Where the Precise Development Plan is silent on a general development standard or specific use, the standards from the most comparable zoning district and special provisions and standards of this Zoning Ordinance shall apply pursuant to Section 19.02.

C.

REI District. See Section 19.14.050.

D.

PL District. Development standards for projects within the PL district shall be determined through project review and approval.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

KEY TO ZONING DISTRICT SYMBOLS

Notes:

(1)

See Article 6 for land use definitions. See Section 19.02.020.F regarding uses not listed.

(2)

Zoning Clearance required (Section 19.42.020). Design Review may also be required; see 19.42.030.

(3)

See Section 19.42.050 for Use Permit processing requirements.

(4)

Use Permit for the sale of alcohol not required for restaurants with incidental on-site alcohol sales.

(5)

Check cashing services may be offered as an accessory use to a grocery store subject to the requirements of Section 19.34.034.

TABLE 2-10
SPECIAL PURPOSE DISTRICT GENERAL DEVELOPMENT STANDARDS

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions).

(3)

6 ft is required if setback is adjacent to a single-family residential zone; 10 ft is required if structure is over 20 ft in height and setback is adjacent to a single-family residential zone; no setback required otherwise.

(4)

10 ft is required if setback is adjacent to a single-family residential zone; 15 ft is required if structure is over 20 ft in height and setback is adjacent to a single-family residential zone; no setback required otherwise.

(5)

Higher value FAR may be allowed where additional floor area is used for housing.

(6)

Within the Downtown Overlay zone, the height limit may be increased up to 45 feet for the habitable floor area with Design Review approval, in accordance with Section 19.20.070.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1587, § 9(Exh. I), 12-3-2013; Ord. No. 1611, § 4(Exh. C), 11-29-2016; Ord. No. 1643, § 8, 10-9-2018; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1715, Exh. A, 4-19-2024; Ord. No. 1705, § 4(Exh. A), 10-10-2023; Ord. No. 1718, § 3(Exhs. B, D), 9-10-2024; Ord. No. 1723, § 3(Exh. B), 3-25-2025)

Proposed development and new land uses within the REI zoning district shall comply with the provisions of this Section.

A.

Minimum Size for Zoning District. The minimum size for this zone shall be 150 acres.

B.

Allowable Land Uses. The uses permitted in this district shall be research and education facilities and associated housing to allow development such as the Buck Center for Research in Aging. The specific permitted uses are as follows, and no uses other than the following are permitted in the district:

1.

Agriculture as defined in Article 6;

2.

Research and development facilities;

3.

Educational facilities;

4.

Laboratories;

5.

Professional offices related to the uses specified by Subsections B.2 through B.4 above;

6.

Residential uses established in conjunction with the uses allowed by Subsections B.2 through B.4 above;

7.

Small retail and/or service commercial uses specifically accessory to and related to the uses permitted in Subsections B.2. through B.4 above;

8.

Day care facilities established in conjunction with the uses allowed by Subsections B.2 through B.4 above; and

9.

Accessory uses normal and incidental to the above uses when specifically sanctioned by written authorization of the Director.

C.

Site Planning and Development Standards. The following provisions apply to all proposed development and new land uses within the REI zoning district:

1.

Agricultural Uses. Agricultural uses shall comply with the following standards:

a.

Minimum Lot Size.

(1)

Minimum lot area: 1 acre.

(2)

Minimum lot width: An average of 150 feet.

(3)

Minimum lot depth: An average of 150 feet.

b.

Minimum Setbacks.

(1)

Front: 30 feet.

(2)

Sides: 20 feet.

(3)

Rear: 30 feet.

c.

Maximum Height. 30 feet.

2.

Other Non-Residential Uses. The following standards apply to research and development facilities, educational facilities, laboratories, and related professional or administrative offices, and to associated retail and service uses, day care facilities, and other allowed accessory uses:

a.

Maximum Floor Area. Projects may be constructed in phases, but the total floor area at final buildout shall not exceed 335,000 square feet. The Director shall determine such additional floor area as is appropriate for permitted small retail and/or service uses, day care facilities, and other allowed accessory uses, which are built in conjunction with allowed research and development facilities, educational facilities, laboratories, and related professional or administrative offices. The floor area allowed by this Subsection C.2.a is in addition to the residential density allowed by Subsection C.3.

b.

Building Height. Building height shall not exceed four stories above finished grade with the exception of roof skylights, mechanical equipment, vents, and atriums. Floors located below finished grade shall not be used in calculating the number of stories allowed.

c.

Parking Requirements. Based on the maximum floor area allowed by Subsection C.2.a, a minimum of 560 parking spaces shall be provided. If less floor area is provided, the minimum number of parking spaces shall be reduced proportionately.

d.

Tree Preservation and Replacement. Projects in this district shall avoid the removal of trees wherever reasonably feasible and shall reestablish native trees at a ratio of four trees for each tree removed (4:1 tree replacement ratio, with a 2:1 survival ratio at the end of seven years) by the replanting of native tree species or by protecting natural seedings to enable their maturation.

e.

Wetlands Preservation and Replacement. Projects in this district which impact jurisdictional wetlands (as identified by the U.S. Army Corps of Engineers) shall replace such wetland acreage at a three to one ratio (3:1 wetlands replacement ratio, with a 2:1 survival ratio at the end of five years) by creating, expanding, or significantly enhancing other wetlands on site.

f.

Additional Protections for the Natural Environment and for Public Access to Open Space. Projects in this district shall provide such additional protections for and enhancements of the natural environment and of public access to open space as may be required pursuant to following Subsection G.

3.

Residential Uses. The following standards apply to residential uses established in conjunction with the uses described in Subsection C.2 above, and associated allowable day care facilities and accessory uses:

a.

Density. Residential projects may be constructed in phases, but the total density upon final buildout shall not exceed 130 residential units. (The Director or designee shall determine such additional floor area as is appropriate for permitted small retail and/or service uses, day care facilities, and other allowed accessory uses, which are built in conjunction with residential units.) This residential density shall be in addition to the floor area allowed by Subsection C.2.a, above.

b.

Affordability. Based on the maximum residential density allowed by Subsection C.3.a, there shall be a minimum of 128 residential units which are to be occupied by, and affordable to, employees on site with moderate or low income, based on personal salary. If fewer residential units are provided, the minimum number of required affordable units shall be reduced proportionately.

c.

Protections for the Natural Environment and for Public Access to Open Space. Projects in this district shall provide such additional protections for and enhancements of the natural environment and of public access to open space as may be required pursuant to following Subsection G.

d.

Architecture. As required by Division 19.27.

D.

Personnel On-site. The maximum number of employees permitted on a site within this district shall not exceed 550 persons. The maximum number of conference attendees permitted on a site within this district shall not exceed 300 persons.

E.

Research Animals. The use of research animals in this district shall be limited to rodents and orders of animals traditionally classified as lower than rodents.

F.

Building Classifications. Research building occupancies within this district shall not be classified higher than "Group B, Division 2 Occupancy" and "Bio-safety Level 2," or the equivalents.

G.

Consideration of Completed Environmental Review. While this Section is not subject to the California Environmental Quality Act because it was adopted by initiative, it is not the intent of the people of Novato to disregard completed environmental review. Therefore, if a project is proposed for an REI district, and if a lead agency has certified an environmental impact report (EIR) for the project, then substantially the same mitigation measures as those imposed pursuant to the certified EIR shall be legislative requirements for this district.

H.

Relationship to Other Zoning Ordinance Provisions. Because of the regulatory provisions set forth in this Section, property zoned REI shall not be subject to the other provisions of this Zoning Ordinance except as specifically provided by this Section. Any provision of the Municipal Code that conflicts with any provisions of this Section shall not regulate this district.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012; Ord. No. 1705, § 4(Exh. A), 10-10-2023)

This Division regulates new and existing structures and land uses in the overlay zoning districts established by Section 19.04.020 (Zoning Districts Established). The provisions of this Division provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

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

The provisions of this Division apply to proposed land uses and development in addition to all other applicable requirements of this Zoning Code. Any perceived conflict between the provisions of this Division and any other provision of this Zoning Ordinance shall be resolved in compliance with Section 19.02.020.D.

A.

Mapping of Overlay Districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Section 19.04.020 (Zoning Districts Established), being appended as a suffix to the symbol for the primary zoning district on the Zoning Map. The overlay districts are applied to property through the rezoning process (Division 19.56).

B.

Allowed Land Uses, Permit Requirements, Development Standards. Except as may be otherwise provided by this Division for a specific overlay district:

1.

Any land use normally allowed in the primary zoning district by this Article may be allowed within an overlay district unless otherwise prohibited by the overlay zone, subject to any additional requirements of the overlay district;

2.

Development and new land uses within an overlay district shall obtain the land use permits required by this Article for the primary zoning district; and

3.

Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district.

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

A.

Purpose. The Baylands Overlay District is intended to:

1.

Preserve and enhance the diversity of wildlife and aquatic habitats found on historic Baylands, including tidal marshes, seasonal marshes, lagoons, natural wetlands, and low lying grasslands overlying the historic Baylands;

2.

Provide opportunities for public access to and enjoyment of former Baylands, and preserve view corridors of the Bay;

3.

Ensure that potential hazards associated with development on Baylands do not endanger public health and safety; and

4.

Maintain opportunities for further restoration of former tidal marshlands.

B.

Applicability. The B overlay zoning district is applied to areas within the historic Baylands, excluding lands that have been legally filled or legally developed. The B overlay district may be combined with any primary zoning district established by Section 19.04.020 (Zoning Districts Established).

C.

Limitation on Residential Density and Building Intensity. Calculation of the number of dwelling units allowed or maximum floor area within the primary zoning district shall be based on only that portion of the lot area that is above the mean high tide line of the bay and exclusive of sensitive habitat areas. Areas that are below the mean high tide line of any bay, inlet, lagoon or channel subject to tidal action, shall not be included in the area of the lot when calculating the allowable floor area or the maximum number of dwelling units allowed.

D.

Permit Requirements. Use Permit approval (Section 19.42.050) shall be required to authorize any proposed development, alterations to land and/or new land use within the B overlay district in addition to the land use permits required by the primary zoning district, except for the routine maintenance of existing facilities.

1.

Constraints Analysis. A constraints analysis shall be independently prepared by qualified experts in compliance with the City's Constraints Analysis Guidebook, for any proposed land use within the Baylands Overlay District. The Constraints Analysis shall ascertain the capability and constraints of land and water areas, including a description and map of the soils, geology, biotic resources, hydrology, and scenic and cultural resources.

The use of a constraints analysis is intended to provide the highest degree of environmental protection while permitting the reasonable development of sensitive land and water areas consistent with goals, objectives and policies of the Novato General Plan.

2.

Habitat Restoration and Management Plan. Any disturbance, development, excavation, fill, alteration, or encroachment within sensitive habitat areas, identified in the Constraints Analysis shall require a Habitat Restoration and Management Plan in conformance with the City's Stream and Management Guidelines.

E.

Development Standards. Proposed development and new land uses within the B overlay district shall be designed and constructed in compliance with the following standards, and with those of Section 19.20.080 (Scenic Resources Protection), where applicable:

1.

Habitat Protection. Development shall avoid or minimize encroachments into sensitive wildlife habitats and shall not limit normal range areas, create barriers which cut off access to food, water or shelter, or cause damage to fisheries or fish habitats. Access to environmentally sensitive marshland and adjacent upland habitat shall be restricted during spawning and nesting seasons, as appropriate.

a.

Buffers Required. Buffer areas shall be provided between development and identified or potential wetland areas based on the following criteria: biological (habitat) significance; sensitivity of habitats or particular species; presence of threatened or endangered species; susceptibility of adjacent site to erosion; topography and configuration of wetland areas; and type and scale of development proposed.

(1)

Built features (e.g., roads and dikes) may be considered as buffers, depending upon the constraints analysis and criteria noted above.

(2)

Buffers between tidal areas and developed uses, except for access and recreation in compliance with Section 19.16.030 E.2, shall be a minimum width of 100 feet from mean highest high water.

(3)

Buffers from other wetland resources shall be established in compliance with Division 19.36 (Wetlands Protection and Restoration) and Division 19.35 (Waterway and Riparian Protection).

b.

Vegetation Removal. Proposed development shall not involve the unnecessary removal of vegetation which stabilizes soils, increases recharge and provides wildlife habitats. Portions which are cleared shall be revegetated with indigenous species of plants where revegetation is deemed to be environmentally desirable. The removal of exotic species that are invasive or otherwise displace native species is encouraged (e.g., pampas grass).

c.

Freshwater Habitats. Freshwater habitats in the Baylands areas associated with freshwater streams, and seasonal wetlands shall be preserved and/or replaced and expanded such that the habitat values and functions are maintained.

2.

Access and Recreation.

a.

Provisions shall be made for recreational development and access to shoreline areas for passive recreational uses, such as fishing, boating, picnicking, hiking and nature study. There should be provisions for both separated wildlife preserves and passive outdoor recreation along the Baylands.

b.

Public access shall be sited and designed to facilitate public use and enjoyment of the Baylands lands, as appropriate. Public areas shall be clearly marked and continuous pedestrian easements from the nearest roads to the shoreline and along the shoreline shall be encouraged. Public access areas shall be designed to minimize possible conflicts between public and private uses. Walkways should generally be set back at least 10 feet from any proposed structure.

3.

Site Planning and Structure Design.

a.

Visual access to the Baylands and scenic vistas of water and distinct shorelines shall be protected and provided through the land use and development review process. Waterfront development in particular shall be designed for openness and permit optimal views for public enjoyment of the Baylands.

b.

Buildings should be clustered to allow bay views from streets, trails, pathways, and to allow for continuous animal movement corridors from uplands to marshes. Building heights should be minimized to maintain a low profile.

4.

Environmental Quality. Mitigation measures shall be required upon consultation with state, federal, and regional agencies, to eliminate or reduce the adverse environmental impacts of proposed development.

a.

Wetland Protection. Wetland impacts shall be mitigated to maintain habitat values and functions with a minimum replacement ratio of 2:1 in compliance with Section 19.29 (Wetland Protection and Restoration).

b.

Water Quality. Development shall minimize the impact of earth disturbance, erosion, and water pollution. The development of jetties, piers, and outfalls shall not alter the movement patterns of the bay tides and currents so that significant adverse impacts would result.

c.

Diking, Filling, and Dredging. Diking, filling, or dredging in areas subject to tidal action (tidelands subzone) shall be avoided where feasible except to accommodate water dependent uses. In tidal areas, only land uses which are water dependent shall be permitted with a use permit, as consistent with federal, state, and regional policy (ports, water-related industry and utilities, airports, essential water conveyance, wildlife refuge, and water-oriented recreation). Use permits may be granted for emergency or precautionary measures taken in the public interest, e.g., protection from flood or other natural hazard. Provisions shall be made for maintenance of flood control and drainage facilities.

5.

Protection from Hazards. Proposed development shall avoid areas with hazards including differential settlement, slope instability, liquefaction, ground shaking and rupture and other ground failures, tsunami and flooding.

6.

Agricultural Uses. Agricultural activities shall provide buffers from riparian areas, drainage ways, native trees, and wetland and retain natural vegetation. Use of pesticides, insecticides, etc., shall comply with existing federal and state standards as implemented by the Marin County Agricultural Commission.

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

A.

Purpose. The D overlay district is applied to areas covered by the Downtown Novato Specific Plan, to provide standards for development and new land uses that recognize, protect, and enhance the desired character of the downtown area.

B.

Applicability. The D overlay may be combined with any primary zoning district established by Section 19.04.020 (Zoning Districts Established). Proposed development and new land uses within the D overlay district shall comply with the requirements of the applicable zoning district in Article 2, and the site planning and general development standards of Article 3, except as otherwise provided by this Section. In the event of any conflict between the other provisions of this Zoning Ordinance and this Section and the Downtown Specific Plan, this Section and the Downtown Specific Plan shall control.

C.

Allowed Land Uses and Permit Requirements. Any land use normally allowed in the primary zoning district may be allowed within the D overlay district, subject to the land use permit required by the primary zoning district, except that multi-family dwellings shall not be allowed on First Street.

D.

Site Planning and Development Standards. Proposed development and new land uses shall comply with the following requirements:

1.

Design Guidelines. Proposed development, facade renovations and new uses shall be designed in compliance with the design guidelines provided by the Downtown Novato Specific Plan. Signs within the D overlay district shall be pedestrian oriented in conformance with the standards set forth in Division 19.32.

2.

Height Limits. The height limit within the D overlay district shall be 35 feet with exceptions as provided in Section 19.20.070 C (3). Within the Downtown Core Business and Retail districts, exceptions to allow up to a maximum of 45 feet for the habitable floor area (excluding the roof design) may be permitted under certain criteria pursuant to Section 19.20.070 C (3).

3.

Landscape Requirements. Development within the D overlay district shall comply with the special landscape requirements of the Downtown Novato Specific Plan in addition to the provisions of Division 19.28 (Landscaping).

4.

Mixed-use Projects. Mixed-use projects shall comply with the provisions of Section 19.34.100 (Mixed-Use Projects).

5.

Street Frontages. Properties within the D overlay district with frontages on both a primary street and a rear alley or accessway shall provide elevations, architectural treatments and signage for the rear frontages as part of the design review for any modifications to the building. The rear frontages shall meet the design standards for the primary street frontage. New development and major renovations shall consider options for pedestrian access to the rear alleys through provision of paseos, interior courtyards or side yard alleys.

6.

Parking. Reduced on-site parking requirements for development within the D overlay district are incorporated into Table 3-7 of Section 19.30.040. Adjustments to parking requirements may include waivers for off-peak uses, shared parking agreements, off-site parking and public parking improvements within the D overlay district in compliance with Section 19.30.050.

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

A.

Purpose and Applicability. The F overlay zoning district is applied to areas within the City prone to flood hazard risks, combined with any primary zoning district as shown on the Zoning Map and by Section 19.04.020 (Zoning Districts Established). The intent is to protect people and property from flood hazard risks by appropriately regulating development and land uses within an F overlay district.

B.

Allowed Land Uses and Development Standards. Any land use normally allowed in the primary zoning district by this Article may be allowed within the F overlay district, except as limited by this subsection. Individual F overlay districts are identified by a suffix appended to the F overlay zoning symbol, which indicates the land uses allowed in each flood overlay district.

1.

F1 District. The F1 overlay is applied to lands within a primary floodway, including water channels and adjacent flood plains. Allowable land uses shall be limited to boat docks, with Use Permit approval.

2.

F2 District. The F2 overlay is applied to lands within a secondary floodway, including the portion of a natural floodway between the limits of the F1 zone and where flood inundation may occur and flood depths and velocities are low.

a.

Limitations on Use. Levees, dikes, or filling may be allowed in the F2 overlay district where the Review Authority determines this activity is necessary to permit development and the activity will not reduce the ponding capacity in the affected F2 overlay district areas. An exception may be allowed if activities are proposed in a specified encroachment area, or up to a specified percentage of the ponding capacity of each parcel, as shown on the Assessor's records, provided that the remaining area of each parcel is held as a ponding area to absorb the overflow of the primary floodway.

b.

Determination of Allowable Encroachment or Ponding Area. The specified encroachment area or percentage of the ponding capacity allowed within the specific F2 overlay district shall be designated in the ordinance which adopts the overlay district for a specific area, and shall be no greater than that which can be reasonably permitted without increasing flood heights and damage. In addition, prior to engaging in activities on the specified encroachment area or specified percentage of the ponding capacity, an agreement shall be executed between the landowner(s), the City, the Marin County Flood Control District, and the Water Conservation District which shall include the following items:

(1)

The remaining area or percentage of the parcel shall be maintained for ponding and water overflow purposes, except where otherwise allowed by following Subsection B.2.c.

(2)

Lands within any F1 overlay district included in the property shall be dedicated to the City of Novato, Marin County Flood Control District, and the Water Conservation District.

(3)

Drainage improvements which will enable the remaining area or percentage to serve as a ponding and water overflow area shall be constructed by the landowner(s).

(4)

A bond may be required to guarantee performance of the agreement by the landowner.

c.

Criteria for Full Use. Full use of the area of property in the F2 overlay district not designated for encroachment may be permitted provided the area(s) comply with the following requirements:

(1)

Ultimate flood control channel improvements are constructed from and through the parcel or parcels being developed; and

(2)

The ultimate flood control channel section is constructed from the parcel to be developed, downstream to the mouth of the primary floodway.

3.

F3 District. The F3 overlay district is applied to land within a 100-year flood plain.

a.

Limitations on Use. Allowable uses include all those allowed by the primary zoning district.

b.

Study Required. In cases where structures, fences, levees, dikes or filling may increase the depth or velocity of flood on adjacent lands within the flood plain area, an engineering and hydraulic study shall be prepared, and development shall occur only in compliance with Chapter 5 of the Municipal Code. The study shall include potential impacts of proposed development activity within the F3 overlay district and up to and including the 100 year flood zone on the applicant's property and on other property that could potentially be impacted by the project.

c.

General Development Standard. The effect of a proposed use, activity or construction shall not increase the existing risk of flood damage on other lands.

d.

Mitigation Measures. The Review Authority may also include as conditions of approval the requirement of structural measures and financial guarantees by the applicant. In evaluating the adequacy of any proposed structural measures, the City may also require guarantee that these measures and dedication of right-of-way be completed within the time period designated by permit approval.

e.

Development Authorized with Flood Prevention Plan. The City may permit development that may increase flood water depth or velocities in the F3 overlay zoning upon approval of a flood protection plan and written agreement between affected property owners and the City.

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

A.

Purpose. The H overlay zoning district is intended to protect areas and structures identified by the community as historically significant elements that contribute to Novato's cultural, social, economic, political, aesthetic, architectural heritage, identity and character.

B.

Applicability. The H overlay may be combined with any primary zoning district established by Section 19.04.020 (Zoning Districts Established).

C.

Allowed Land Uses. Any land use normally allowed in the primary zoning district by this Article may be allowed within the H overlay district.

D.

Permit Requirements. A proposed development, alteration, new land use, or demolition within the H overlay district shall obtain the land use permits required by the primary zoning district, and shall be subject to Design Review. A request for demolition approval shall include an evaluation of the architectural significance of the structure prepared by a qualified person approved by the City. Design Review is not required:

1.

Where the Director determines that the proposed activity is visually or functionally insignificant; or

2.

Where the Director determines that an imminent safety hazard exists.

E.

Development Standards. Proposed development and new land uses within the H overlay district shall comply with the following development standards, in addition to applicable development standards of the primary zoning district:

1.

Proposed alterations or relocations shall not detrimentally alter, destroy or adversely affect the resource and, where applicable, shall be compatible with the architectural style of the existing structures.

2.

Proposed alterations or relocations shall retain or incorporate the essential elements that make the structure, site, or feature historically significant.

3.

Any new construction shall conform with any applicable design guidelines, shall not adversely affect the character of the district or designated landmarks or historic sites within the district.

4.

Any new construction shall be designed to be visually compatible with existing surroundings. The extent of compatibility shall be evaluated in terms of appropriateness of materials, scale, size, height, placement, and use of new structures in relationship to existing structures and the surrounding setting.

F.

Requirements for Demolition. A Demolition Permit may be issued by the Building Official only after the approval of the demolition in compliance with Section 19.16.060D. Demolition or removal shall be approved only when the Review Authority first finds that demolition is necessary and appropriate because at least one of the following conditions exist:

1.

The structures, elements within the structure or site are hazardous;

2.

Repairs or stabilization are not physically possible or economically feasible;

3.

The site is required for a public use that will be of greater public benefit than the resource, and there is no feasible alternative location for the public use;

4.

Original building elements will be restored/retained in a new structure; or

5.

The building elements are not deemed historically significant within context of the H District.

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

A.

Purpose. The Affordable Housing Opportunity Overlay District is intended to:

1.

Provide an overlay zoning district to be applied to housing opportunity sites as described in the housing element with an affordable housing/multi-family residential overlay zoning designation (AHO) that may be activated at the time of property development/redevelopment.

2.

Provide for the continuation of legal land uses permitted by the existing underlying zoning of a property until the property is redeveloped for residential uses in accordance with the AHO Overlay District.

3.

Provide a means of achieving the residential housing objectives of the housing element of the general plan, particularly by encouraging new multi-family residential development that includes affordable housing.

4.

Provide incentives for the development of multi-family residential housing that includes affordable housing in a manner which will encourage the development thereof.

B.

Applicability.

1.

The AHO overlay zoning district is applied to properties designated as housing opportunity sites. All provisions of this title applicable to the underlying zoning district shall remain in effect until any property to which this section is applicable is approved for development/redevelopment in compliance with the provisions of the AHO Overlay District. Upon approval of a project in accordance with the AHO Overlay District, all future uses of the property or the portion of the property approved for Multi Family residential development shall comply with the AHO Overlay District regulations. The AHO Overlay district may be combined with any primary zoning district established by Section 19.04.020 (Zoning Districts Established).

2.

Projects complying with the requirements of this Section shall be exempt from the requirements of Division 19.24 Affordable Housing Requirements.

C.

Allowed Land Uses and Permit Requirements. Any land use normally allowed in the primary zoning district may be allowed on properties to which the AHO overlay district applies, subject to the land use permit required by the primary zoning district. In addition, multi-family residential uses shall be permitted on all or a portion of the site subject to the requirements of Section 19.16.070D-H below.

D.

Permitted and Conditional Uses in the Affordable Housing Opportunity Overlay District. The permitted or conditionally permitted uses as set forth in Table 2-11 are allowed as part of a multi-family residential project, subject to the requirements of Section 19.16.070 E-K.

Notes:

(1)

See Article VI for land use definitions. See Section 19.02.020F regarding uses not listed.

(2)

Standards and additional permit requirements determined by Section 19.34.060.

(3)

Use permitted only in conjunction with Multi-family residential project complying with Section 19.16.070F.

(4)

Standard as applicable to R-20.

E.

AHO Overlay District Development Standards. In addition to the Site Planning and General Development Standards set forth in Article 3, the development standards for the AHO Overlay District shall be as shown in Section 19.16.070(I). The AHO Overlay District development standards shall apply to all properties proposed for development or redevelopment pursuant to the AHO overlay as described in Section 19.16.070.

F.

Density of Residential Development/Affordable Housing Requirements. The regulations in this section shall apply to all parcels designated AHO as shown on the adopted City zoning map.

1.

Residential density in the AHO Overlay district shall be zero. However, notwithstanding any other provision of this title relating to density, in the event that a project complies with the requirements of subsection F. 3 through 7 below, the residential density shall be twenty (20) to twenty-three (23) dwelling units per acre as set forth in Housing Element Program 9B.

2.

Nothing in this Section shall effect the application of any density/intensity applicable to the project relating to development pursuant to the underlying zoning district or the provisions of Division 19.25.

3.

Affordability Requirements. Affordability Requirements. All Residential Projects proposed for development pursuant to the provisions of F. 1 above shall include twenty percent (20%) of the units affordable to very low and low income households, subject to the following minimum mix of affordable dwelling units:

a.

Low-income households: ten (10) percent of the total units in the development;

b.

Very low-income households: ten (10) percent of the total units in the development.

4.

Rounding Rules, Fractional Units and Unit Mix.

a.

Determination of AHO base residential density as set forth in Section F.1 above shall be subject to the rounding rules set forth in Section 19.02.020 (c)(1).

b.

If the required number of affordable units pursuant to F.3. above results in a fractional number, the number of affordable units shall be rounded up to the next whole number with the additional unit added as a result of the fraction assigned to the very-low income household category. (eg: 1.45 acre parcel @ 23 units per acre = 33.3 units. Rounded in accordance with 19.02.020 (c) (1) the total number of units shall be 33 units. 20% affordable = 6.6 affordable units rounded to 7 with the mix of affordable units at 4 very low-income and 3 low-income units).

5.

Exceptions. Exceptions from the mix of affordable dwelling units as set forth above may be approved by the Planning Commission and/or City Council based on findings that the exception(s) is necessary to achieve the goals of the housing element.

6.

Continued affordability. Prior to approval of building permits, the applicant shall execute the City's standard affordable housing agreement ensuring the continued affordability of the affordable dwelling units for a period of not less than fifty-five years.

G.

Plan Review. Notwithstanding the provisions of Section 19.42.060, Master Plans and Precise Development Plans shall not be required for multi-family dwelling development projects in the AHO Overlay District. Development of multi-family dwellings in the AHO Overlay District shall be subject to design review approval. A design review application shall be processed concurrently with any other application for development in the AHO Overlay District.

H.

Design Review. Design review approval pursuant to Section 19.42.030 is required for all structures and improvements in the AHO Overlay District. However, neither the design review approval nor the conditions of design review approval shall result in prohibiting or financially impeding the applicant from attaining a residential density of twenty-three units per net acre.

I.

Affordable Housing Opportunity (AHO) Overlay District Development Standards. Multi-family dwellings within the AHO Overlay district shall be designed in compliance with the development standards of Table 2-12.

Notes:

(1)

Maximum percentage of site area that may be covered by structures.

(2)

Maximum allowed height of structures. See also Section 19.20.070 (Height Limits and Exceptions)

(3)

10 feet minimum when building height exceeds 20 feet.

(4)

20 feet minimum for a garage using the side street for access, or when building exceeds 20 feet in height.

(5)

20 feet minimum when the rear property line abuts a single family zone.

(6)

Specific development standards for Site 2, APN153-162-59, located off of Landing Ct. as identified in Program 9.B of the Novato Housing Element, as follows:

Front setback: 20-feet for all structures.

Rear setback: 20-feet for all structures.

Side (each) setback: 20-feet for any dwelling unit regardless of height and any structure (not a dwelling unit) over 20 feet in height when abutting a single family residential zoning district.

10-feet for any structure (not a dwelling unit) over 12 feet in height up to 20 feet in height when abutting a single family residential zoning district.

6-feet for any structure (not a dwelling unit) 12-feet in height or lower, where abutting a single family residential zoning district.

10-feet for any dwelling unit or other structure 20 feet in height or greater where not abutting a single family residential zoning district.

6-feet for any dwelling unit or other structure less than 20 feet in height where not abutting a single family residential zoning district.

J.

Open Space Requirements.

1.

Area Required. A multi-family dwelling project in the AHO Overlay shall provide 150 square feet of usable open space per dwelling unit.

2.

Standards for required open space.

a.

The minimum open space area required by this Section shall have no other primary use.

b.

The required open space may be a combination of private open space immediately available to and private for the occupants of each dwelling unit and combined in common areas available to the other residents of the project.

c.

The open space areas may include a deck or balcony having no dimension less than six feet.

d.

Front yard setbacks may be used only as common open space areas, except for allowable deck projections.

K.

Parking and Loading. Parking and loading requirements for Multi-family dwelling projects within the AHO Overlay district shall be as set forth in Section 19.30.050G.

(Ord. No. 1587, § 3(Exh. C), 12-3-2013; Ord. No. 1595, § 2(Exh. A), 12-16-2014; Ord. No. 1676, Exh. A, 3-8-2022; Ord. No. 1705, § 4(Exh. A), 10-10-2023)