This chapter of the Tiburon Municipal Code (title IV, chapter 16) shall be known, and may be cited, as the zoning ordinance of the Town of Tiburon.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

This zoning ordinance is adopted to protect and promote the public health, safety, and general welfare. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

A.

To provide a framework for the physical development of the town in such a manner as to preserve its essential residential character consistent with the general plan;

B.

To foster a harmonious, convenient, and workable relationship among land uses;

C.

To promote the stability of existing land uses that conform with the general plan and to protect them from inharmonious influences and harmful intrusions;

D.

To ensure that public and private lands ultimately are used for the purposes that are most appropriate and most beneficial to the town as a whole;

E.

To prevent excessive population densities and overcrowding of the land with structures;

F.

To promote a safe, effective traffic circulation and transportation management system;

G.

To require the provision of adequate off-street parking and loading facilities;

H.

To facilitate the appropriate location of community facilities;

I.

To permit office and commercial activities in appropriate locations in compliance with the general plan in order to strengthen the town's economic base and to provide services for the community;

J.

To preserve the natural beauty of the town's setting and to ensure conservation of its scenic, historic, recreational, and wildlife resources;

K.

To ensure that uses and structures enhance their sites and harmonize with the surrounding area;

L.

To ensure that new development will not overtax existing utilities systems or community facilities or services or, alternatively, that provision is made to supplement existing facilities or services where needed to accommodate new development;

M.

To provide a framework for implementation of the town's adopted general plan elements; and

N.

To preserve and enhance the quality of the human and natural environment.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

This zoning ordinance shall be administered by the town council, hereafter referred to as the "council"; the planning commission, hereafter referred to as the "commission"; the director of community development or his designee, hereafter referred to as the "director"; the community development department, hereafter referred to as the "department"; and the design review board, hereafter referred to as the "board," as provided in division 16-60 (administrative responsibility).

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Authority. This zoning ordinance is enacted based on the authority vested in the town of Tiburon by the State of California, including, but not limited to: the State Constitution, Sections 65800 and subsequent sections of the California Government Code, the California Environmental Quality Act, the Housing Act, the Health and Safety Code, and case law of the courts of California and the Supreme Court as they may all be modified from time to time.

B.

Relationship to the general plan.

1.

This zoning ordinance carries out the policies of the town of Tiburon General Plan, referred to as the "general plan," by classifying and regulating the uses of land and structures within the town, consistent with the general plan. The town council intends that all provisions of this zoning ordinance be consistent with the general plan, and that any land use or development approved in compliance with these regulations will also be consistent with the general plan (where applicable).

2.

If the director determines that a proposal is not in conformity with quantified policy standards established in the general plan, the applicant shall be advised of the discrepancies in writing, and of the willingness of the director to confer with the applicant to assist in bringing the material submitted into conformity. If the applicant does not desire to participate in such conference, and/or declines to revise the application, the director shall not accept the application unless accompanied by an application for general plan amendment that would achieve conformity with the general plan. The decision of the director may be appealed as provided in division 16-66 (appeals).

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Applicability. This zoning ordinance shall apply, insofar as legally permissible, to all property within the incorporated limits of the town, including the public streets and waterways, public utility poles, lines, and underground facilities for primary distribution systems, whether such property is owned by the United States of America or any of its agencies, the State of California or any of its agencies or political subdivisions, any county or city including the town or any of its agencies, any authority or district organized in compliance with the laws of the State of California, or private persons, firms, corporations, utilities, or organizations. The scope of this zoning ordinance is limited by certain preemptions set forth in state and/or federal law.

B.

Vested right exception. Except in cases where a property owner can establish a vested right to be regulated by any prior ordinance or town-recognized document, the provisions of this zoning ordinance shall apply to all property development in the town.

C.

Master and precise plan exception. Nonvested properties for which master and/or precise plans or their functional zoning permit equivalent have been adopted prior to December 26, 1990, shall continue to be governed by the provisions of those approvals, except that all such properties shall be subject to the floor area limit provisions of this zoning ordinance, where such provisions are more restrictive than the floor area limit provisions, if any, contained in the master and/or precise plans or their equivalent.

D.

New land uses, structures, and changes to them. Compliance with the following requirements is necessary for any person or public agency to lawfully establish a new land use or structure, or to alter or replace any land use or structure:

1.

Allowable use. The proposed use of land shall be listed as an allowable land use in article II of this zoning ordinance (zones and allowable land uses) within the zone that applies to the site;

2.

Development standards. The proposed use of land or structure shall satisfy all applicable requirements of this chapter, including, but not limited to, minimum lot area, height limits, required setbacks, residential density, lot coverage, and floor area limits; and

3.

Permit/approval requirements. Any land use permit or other approval required by article II (zones and allowable land uses) shall be obtained. The preparation, filing, and processing of land use permit applications shall comply with article V (zoning permit procedures).

E.

Issuance of building permits. The building division may issue building permits only when:

1.

The proposed land use and/or structure satisfy the requirements of subsection D above; and

2.

The director determines that the permit application contains all materials necessary to determine compliance with this section.

F.

Continuation of an existing structure or land use. An existing land use is lawful and not in violation of the Tiburon Municipal Code when operated and maintained in compliance with all applicable provisions of this zoning ordinance. However, the requirements of this zoning ordinance are not retroactive in their effect on a land use that was lawfully established before this zoning ordinance or any applicable amendment became effective. See division 16-62 (nonconforming uses, structures and lots).

G.

Alteration or expansion of an existing structure or land use. Any alteration, expansion or modification of an existing land use shall comply with all provisions of this zoning ordinance, specifically including division 16-62 (nonconforming uses, structures and lots).

H.

Effect of zoning ordinance changes on projects in progress. The enactment of this zoning ordinance or amendments to its requirements may impose different standards on new land uses than those that applied to existing development. For example, this zoning ordinance, or a future amendment, could require larger building setbacks for a particular land use than former zoning ordinance provisions. The following provisions determine how the requirements of this zoning ordinance apply to development projects in progress at the time requirements are changed.

1.

Projects with pending applications. Zoning permit applications that have been determined by the department to be complete before the effective date of this zoning ordinance or amendment thereto, will be processed in compliance with the requirements in effect when the application was accepted as complete.

2.

Approved projects not yet under construction. An approved project for which construction has not begun as of the effective date of this zoning ordinance or amendment thereto, may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable zoning permit.

3.

Approved projects not requiring construction. An approved land use not requiring construction that has not been established by its zoning permit being exercised as of the effective date of this zoning ordinance or amendment thereto, may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit.

4.

Projects under construction. A structure that is being constructed in compliance with a valid building permit on the effective date of this zoning ordinance, or amendment thereto, need not be changed to satisfy any new or different requirements of this zoning ordinance.

I.

Other requirements may still apply. Nothing in this zoning ordinance eliminates the need for obtaining any other permits required by the town, or any permit, approval or entitlement required by other provisions of the Tiburon Municipal Code, the regulations of any town department, or any regional, state, or federal agency.

J.

Conflicting permits to be void. After the effective date of this zoning ordinance or any applicable amendment thereto, all permits shall be issued by the town in compliance with the provisions of this zoning ordinance. Any permit or license issued in conflict with this zoning ordinance shall be void, except as provided in subsection F. above.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 564 N.S., § 2(A), 4-6-2016)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this zoning ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this zoning ordinance. The town council hereby declares that this zoning ordinance and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more of portions of this zoning ordinance be declared invalid, unconstitutional or unenforceable.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)