§ 16-100.020. Definitions of specialized terms and phrases.

As used in the zoning ordinance, the following terms and phrases shall have the meaning ascribed to them in this section unless the context in which they are used clearly requires otherwise.

A.

Definitions, "A."

"Abuts" or "abutting". Having a common line, or separated only by a private or public street, alley, or easement.

"Access corridor". The portion of a flag lot providing access from the street, except that no portion of a site having side lot lines radial to the center or curvature of a street from the street property line to the rear lot line shall be deemed an access corridor. The area of an access corridor shall not be included in determining the area of a site, and the depth of an access corridor shall not be included in determining the depth of a front setback.

"Accessory building or structure". A building or structure that is subordinate to the main building on the same site, or the use of which is incidental to the use of the site or the use of the main building on the site. A building that shares a common wall with a main building shall be deemed a part of the main building.

"Accessory use". A use customarily incidental, related, and subordinate to the principal legal use of the parcel or lot and located on the same.

"Accessory dwelling unit". An attached or a detached residential dwelling unit which provides independent living facilities for one or more persons. It shall include permanent provisions for living, eating, sleeping, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home as defined in Section 18007 of the Health and Safety Code. (See also "Secondary dwelling unit").

1.

"Attached accessory dwelling unit" means an accessory dwelling unit that shares a common wall with the primary unit, either by being constructed as a physical expansion (i.e., addition) of a primary unit, conversion of an existing garage attached to a primary unit, or installation of a new basement underneath an existing primary unit.

2.

"Detached accessory dwelling unit" means an accessory dwelling unit that is constructed as a separate structure from the primary unit, or is created through conversion (full or partial) of an existing lawfully-constructed detached accessory building into an accessory dwelling unit.

3.

"Floorspace" means the gross floor area as measured to the outside surface of exterior walls, including its living area.

4.

"Living area" means the interior habitable area of a dwelling unit including the basement and attics but not including a garage or any accessory building or structure.

5.

"Primary unit" means the building (or portion of the building in cases of an attached accessory dwelling unit) in which the principal residential use of the lot takes place. An accessory dwelling unit cannot constitute the primary unit.

6.

"Public transit" means a signed and designated bus stop, train stop, ferry terminal or other public transit station.

7.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

"Affordable housing". See "inclusionary housing."

"Affordable unit". A dwelling unit affordable to households of very low, low, or moderate-income as determined by the housing authority.

"Agent of owner". A person authorized in writing by the property owner to represent and act for a property owner in contacts with town employees and officials regarding matters regulated by this zoning ordinance.

"Agriculture". The keeping of livestock; the breeding and raising of bees, fish, poultry or other fowl; the planting, raising, harvesting or producing of agricultural, aquacultural, horticultural, or forestry crops; or similar activity; excluding a household garden and a private, noncommercial vineyard less than one-quarter acre in area. For the purposes of this chapter, except where specifically exempted, the interpretation of what constitutes "agriculture" is intended to be broadly applied and widely encompassing.

"Alcoholic beverage". Any beverage falling within the definition contained in Section 23004 of the California Business and Professions Code.

"Alley". A public or private roadway, not intended for general vehicle traffic circulation, that provides secondary vehicle access to the rear or side of lots having other public street frontage.

"Alteration, structural". "Structural alteration" means any change in the supporting members (e.g., bearing walls, columns, beams, or girders) of a structure, including enlargement of such structure, or addition to it.

"Animal, large". Any cloven-footed or hoofed animal, including without limitation, any cow, goat, sheep, pig, llama or member of the horse family.

"Animal, small". Any animal, bird, or reptile of substantially less size than a cloven-footed or hoofed animal, including a chicken, turkey, rabbit, cat, dog, duck, mink, hamster, chinchilla, frog, fish, worm, or bee.

"Antenna". See "Wireless communications facility."

"Apartment". Three or more units under one ownership in a single multifamily dwelling. Units have a separate kitchen and are designed or intended for and/or occupied by one family.

"Applicant". The owner of a property on which a proposed project is located, or his agent, as designated by him in writing.

"Area". See "Floor area" or "Lot area."

"Attached two-family dwelling". A building containing two dwelling units designed for and/or occupied by two families living independently. An attached two-family dwelling is such that the two dwelling units share a common wall, roof, and foundation, or are one above the other sharing a common floor/ceiling. A breezeway, carport, or similar accessory structure connecting two buildings does not transform the buildings into an attached two-family dwelling.

"Attic". The room or space directly below the roof of a building. In modern buildings, the attic is the space between the roof and the ceiling of the upper story. In classical structures, the attic is the space, or low room, above the entablature or main cornice of the building.

"Authorized agent". See "Agent of owner."

"Automatic teller machine (ATM)". Machines used by bank and financial service patrons for conducting transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel.

"Aviary". Any outdoor cage or enclosure where birds are kept or maintained.

B.

Definitions, "B."

"Basement" or "below-grade story". Any floor area, all on one level with at least one foot elevation difference from other floor area, where the top surface of the floor or roof above, as measured at the outer edge, does not exceed three feet above grade for more than fifty percent of the perimeter of the basement or below-grade story, nor exceed four feet above grade for more than twenty-five percent of the perimeter, nor exceed seven feet above grade at any point.

"Bed and breakfast inn". A residential dwelling unit offering lodging and partial or full board to overnight guests on a temporary basis.

"Bee". A honey-producing insect of the species Apis mellifera, including all life stages of such insect.

"Block". That property on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting streets.

"Board". The design review board of the Town of Tiburon.

"Boarding house". A dwelling, other than a hotel or bed and breakfast inn, wherein lodging and meals for two or more persons are provided for compensation.

"Breezeway". A structure designed to connect the main building on a site with another main building or an accessory structure on the same site. A breezeway shall not exceed fifteen feet in height and no more than fifty percent of the total side area of the structure may be enclosed with any material other than that necessary for roof supports.

"Building". Any structure used or intended for supporting or sheltering any use or occupancy. When any portion thereof is completely separated from every other portion thereof by an approved fire wall assembly or separation as defined by the California Building Code, without any window, door, or other opening therein, which fire wall extends from the ground to the upper surfaces of the roof at every point, then such portion shall be deemed to be a separate building.

"Building, main". A structure within which is conducted the principal use of the lot upon which it is located.

"Building code". The California Building Code ("CBC"), editions and amendments as adopted by the town.

"Building coverage". See "Lot coverage."

"Building envelope". A defined maximum volumetric limit above grade on a property, as established by setbacks, heights or other limits. A building envelope is not intended to be filled with buildings or structures, but is intended to provide flexibility in the location of buildings or structures within the envelope. In planned development zones, limits on the placement of buildings or structures relative to building envelope boundaries may be specified in a precise development plan or other zoning permit.

"Building permit". A permit issued by the building division of the Town of Tiburon in conformance with the requirements of the California Building Code ("CBC"), editions and amendments as adopted by the town.

"Business". The purchase, sale, or other transaction involving the handling or disposition (other than that included in the term "industry" as defined herein) of any article, substance, service, or commodity for profit or livelihood. (See also "Home occupation.")

"Business day". A day on which Tiburon Town Hall is open for the transaction of public business.

C.

Definitions, "C."

"California Building Code". The California Building Code ("CBC"), editions and amendments as adopted by the town.

"Cantilevered". An overhang where a floor, deck, balcony or other horizontal projection extends beyond a foundation wall or other floor level and is unsupported at the extended end.

"Carport". An accessory structure or portion of a main building open on two or more sides and designed for the shelter or storage of vehicles, as defined in this section.

"Certificate of compliance". A certificate of compliance is a document that acknowledges, either conditionally or unconditionally, that a subject parcel, which was typically created prior to current subdivision map requirements, is considered by the town to be a legal lot of record.

"Charitable facility". A public service, nonprofit enterprise.

"Chicken run". The outside area of a coop that is enclosed to provide adequate space for chickens to exercise.

"Child day-care center". Any establishment, activity, or use of a site providing group day-care or instruction services for fifteen or more children, other than those resident on the site; including a day nursery, nursery school, play group, or afternoon group.

"Child day-care facilities". There are two categories of child day-care facilities:

1.

Small family day-care homes (up to eight children). As provided by state law (Health and Safety Code Sections 1596.78 et. seq.), small family day-care homes are allowed within any single-family residence located in a residential zoning district. A day-care facility may accommodate up to eight children and still be considered a small family day-care home. No assistant is required. Parents must be informed in writing when a caregiver increases the number of children cared for to eight. A small family day-care home licensed for eight children may care for:

a.

Six children with no more than three infants;

b.

Four infants only; or

c.

Eight children when two are at least six years of age and a maximum of two infants and four other children over age two.

2.

Large family day-care homes (up to fourteen children). As provided by state law (Health and Safety Code Sections 1596.78 et seq.), this use is allowed within any single-family residence located in a residential zoning district. Family day-care homes that do not qualify as small family day-care homes are deemed to be large family day-care homes.

"Colony". The social community of bees that includes the queen bee, worker bees (female) and drones (male).

"Commercial place of amusement". Any establishment maintained and operated for the purpose of providing amusement and entertainment to guests thereof, including places designed to house video games.

"Commercial recreation use". Any establishment, activity, or use of a site except for a nonprofit establishment, in which a fee is charged to provide space, services, or facilities for individual or group use in the pursuit of any recreational purpose.

"Commercial use". A general term referring to business use, especially retail or office use, unless otherwise stipulated.

"Commission". The planning commission of the Town of Tiburon.

"Community apartment". A development as defined in Section 4105 of the California Civil Code, or any successor section thereto.

"Community care facility". Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes residential facilities, adult day care facilities, day treatment facilities, foster family homes, small family homes, social rehabilitation facilities, community treatment facilities, and social day care facilities (Health and Safety Code Sections 1500 et seq.).

"Community development department". The planning division and the building division of the town of Tiburon, which together are charged with implementing the land use regulations of the town and providing staff support to the various boards, commissions, and the town council.

"Conceptual master plan". A conceptual development plan for a developed or undeveloped property (see section 16-52.070).

"Conditional use". A use not authorized by right in a zone, which requires a conditional use permit prior to the start of operation, pursuant to provisions of this code.

"Conditional use permit". A discretionary zoning permit that may be granted in compliance with the provisions of section 16-52.040 (conditional use permit), which authorizes a specific use of land on a specific site, subject to compliance with any conditions of approval imposed on the permit.

"Conditioned floor area". Floor area within a building that is provided with a heat supply or a method of cooling, as defined by the building code.

"Conditioned space". An enclosed space in a nonresidential building that is provided with a mechanical heating system that has a capacity exceeding ten Btu/(hr. x ft. ), or is provided with a mechanical cooling system that has a capacity exceeding five Btu/(hr. x ft. ).

"Conditions, covenants, and restrictions (CC&Rs)". A declaration recorded with the title to a parcel that may establish private provisions governing how a property shall be held, conveyed, encumbered, leased, rented, used, occupied, and/or improved. Unless specified therein and expressly authorized by the town, CC&Rs are not administered or enforced by the town.

"Condominium". The term "condominium" shall include the following:

1.

Community apartment as that term is defined in Civil Code Section 4105 or any successor section thereto;

2.

Condominium as that term is defined in Civil Code Section 4125 or any successor section thereto;

3.

Stock cooperative as that term is defined in Civil Code Section 4190 or any successor section thereto; or

4.

Undivided interest project that is defined as any parcel of land containing five or more residential dwelling units in which five or more individuals own an undivided interest coupled with the right of exclusive occupancy of any unit located thereon.

"Condominium conversion". A change in the type of ownership of a parcel or parcels of land, together with the existing structures, to that defined as a condominium, regardless of the present or prior use of such land or structures and whether improvements have been made or are to be made to such structures.

"Condominium project". Any development consisting of condominiums, or converting existing structures to condominiums.

"Coop". A house or cage in which a chicken lives.

"Council". The Town Council of the Town of Tiburon.

"Coverage". See "Lot coverage."

"Crawl space". An open area between the floor of a building and the ground.

D.

Definitions, "D."

"Days". Calendar days, unless otherwise specified (i.e. business days).

"Debris box". A large receptacle, often eight—fifteen cubic yards in volume, commonly but not exclusively used for the disposal of construction debris from a construction site.

"Deck". A flat, floored, roofless structure usually adjoining a main building or accessory building.

"Density". The number of dwellings per acre of lot area, unless otherwise stated, for residential uses.

"Density bonus". An increase in the number of units otherwise allowed by the general plan and/or zoning ordinance for any particular lot or parcel.

"Depth". The horizontal distance between the front and rear property lines of a site measured in the mean direction of the side property lines, but not including the length of an access corridor on a flag lot. (See Figures 10-1 and 10-2 under "Lot")

"Design review guidelines". See section 16-52.020 (site plan and architectural review [design review]).

"Detached two-family dwelling". Two dwelling units, each located in a separate building on the same lot, for which a detached two-family dwelling exception has been issued in compliance with this zoning ordinance. Detached two-family dwellings that lawfully exist but that have not received a detached two-family dwelling exception shall be deemed legal nonconforming structures subject to provisions of division 16-62 (nonconforming uses, structures, and lots).

"Director of community development". The director of the town's community development department, or his designee.

"Director". The director of community development.

"Division". See "Planning division".

"Dock". Any public or private facility for the berthing, loading, or unloading of boats or other water-related craft.

"Dolphin". A man-made marine structure that extends above the water level and is not connected to shore. Used for providing a point to moor, to display regulatory or navigation information, and/or providing lighting aids.

"Domestic housekeeping unit". One person or two or more individuals living together sharing household responsibilities, which may include sharing expenses, chores, and sharing meals together.

"Driveway". A private roadway serving three or fewer lots, and not meeting town standards for public streets.

"Dwelling unit". A room or group of internally connected rooms that have sleeping, food preparation, eating and sanitary facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

"Dwelling, multifamily". A building containing three or more dwelling units.

"Dwelling, single-family". A building containing one dwelling unit.

"Dwelling, two-family". An attached two-family dwelling or a detached two-family dwelling, as defined herein.

"Duplex". See "Attached two-family dwelling."

E.

Definitions, "E."

"Electronic commerce". The buying and selling of products or services over electronic systems such as the internet and other computer networks.

"Emergency". A sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services.

"Emergency shelter". Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

"Equestrian facility". A land use that consists of the commercial keeping of horses, donkeys, and mules in facilities, including:

1.

Horse ranches;

2.

Stables (public and private);

3.

Riding schools and academies;

4.

Horse exhibition facilities; and

5.

Pack stations.

This land use includes barns, stables, corrals, and paddocks accessory and incidental to the above uses.

F.

Definitions, "F."

"Family". One or more persons occupying a dwelling and living as a single, domestic housekeeping unit, as distinguished from a group occupying a hotel or motel, club, fraternity or sorority house.

"Feasible". Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

"Fence". A man-made barrier that provides privacy and/or limits passage. Fences may be continuous or open at intervals. Fences that exceed three and one-half feet in height shall be considered "structures" as defined in this zoning ordinance.

"Firearms sales". A business licensed to sell, lease or transfer firearms or ammunition pursuant to California Penal Code Sections 26700 to 26915 and 30300 to 30365, or successor sections thereto.

"Floor area, gross". "Gross floor area" means the sum of all enclosed or covered areas of each floor of the building, measured to the exterior faces of the enclosing walls, columns, or posts.

NOTE: The term "capable of being used or finished for habitable space" is used below. A space shall be considered "capable of being used or finished for habitable space" if it meets California Building Code occupiable ceiling height requirements and is all of the following:

1.

Covered by a solid, weatherproof roof or floor; and

2.

At least fifty percent of the vertical area around the space is closed.

Gross floor area shall not include the following six areas:

1.

For residential uses, the first six hundred square feet of garage or carport space on properties less than or equal to sixty thousand square feet in area; or the first seven hundred fifty square feet of garage or carport space on properties greater than sixty thousand square feet in area; or the first two hundred fifty square feet of garage or carport space for each parking space required in compliance with parking requirements from section 16-32.040 (number of paring spaces required);

2.

Areas permanently open to the sky;

3.

Exterior areas under roof eaves or other cantilevered overhangs;

4.

Attic spaces and underfloor spaces that are not capable of being used or finished for habitable space;

5.

Basements, as defined in this zoning ordinance; and

6.

Floor areas of roofed or covered open spaces (such as breezeways, balconies, porches and similar spaces), which are not capable of being used or finished for habitable space, if at least fifty percent of the vertical area around the space is fully open.

Gross floor area shall include the following:

1.

Unfinished loft spaces and other areas capable of being used or finished for habitable space;

2.

Other roofed or covered spaces (such as breezeways, balconies, porches, or similar spaces) that are capable of being used or finished for habitable space, if less than fifty percent of the vertical area around the space is fully open;

3.

Roof penthouses; mezzanine floor areas; and accessory buildings;

4.

All crawl space area with a minimum height of seven feet when measured from finished or natural grade (whichever is lower) to the bottom of the floor above. This definition shall only apply to crawl space created after March 31, 2006; and

5.

All space with a minimum height of seven feet beneath a cantilevered portion of other floor area of a dwelling unit. This definition shall only apply to such space created after March 31, 2006.

Unless otherwise stipulated, the term "floor area" shall mean gross floor area.

"Floor area ratio (FAR)". For residential uses, the floor area ratio is specified in table 5-2 as described in subsection 16.52.010(I). For nonresidential uses, the floor area ratio is the gross floor area of the building or buildings on a lot, divided by the area of the lot.

"Front setback". An area extending across the full width of a lot or parcel, the depth of which is the minimum distance from the front lot line (see "Lot line, front) as set forth in article II of this chapter for the zone in which the lot or parcel is located.

"Frontage". The property line abutting on a street. On a corner lot or a flag lot, or on a double-frontage lot, the lot line closest to the point of access to the lot, and/or the lot line abutting the principal street, as determined or approved by the director. The term also includes front lot line (see figure 10-1 and 10-2 below, under "lot").

G.

Definitions, "G."

"Garage". An accessory building or portion of a main building, enclosed on three or more sides, designed or used primarily for the shelter or storage of automobiles and/or other vehicles.

"General plan". The comprehensive plan as adopted by the town in compliance with the California Government Code Section 65302, or successor sections thereto.

"Grade". The natural surface of the ground, or the finished ground surface, whichever is lower, but in no case lower than the minimum flood grade elevations adopted by the town (See "Height.") The director or board may determine the grade in the case of unusual project conditions.

"Ground surface". See "Grade."

"Guest house". Living quarters within a detached accessory building for use by guests of the occupants of the premises, such quarters having no kitchen or cooking facilities and not otherwise used or usable as a separate dwelling unit.

"Guest room". A room without kitchen facilities that is intended, arranged, or designed to be occupied, or which is occupied, by one or more guests, and is not rented or otherwise used as a separate dwelling unit.

"Guidelines". Design review guidelines, Town of Tiburon Design Guidelines For Hillside Dwellings and General Design Guidelines for New Construction and Remodeling (Hillside Design Guidelines), Downtown Tiburon Design Handbook, or any other guidelines adopted by resolution of the town council.

H.

Definitions, "H."

"Handicapped accessible unit". A dwelling unit that meets all the special requirements as set forth in federal and state law for handicapped persons.

"Hearing, public". "Public hearing" means a duly noticed hearing held subject to the provisions herein, for the purpose of obtaining public opinion and comment upon an application or other matter before the board, commission, or council.

"Height". The plumb vertical distance, measured using a plane, established by the lower of the natural or finished grade at the perimeter of the exterior surface of the building, structure, fence, or wall. No point of the roof edge, fence, wall, parapet, mansard, structure, or other building feature shall extend above the plane established by the maximum height line from grade, except as specifically excluded in subsection 16-30.050.D (exceptions to height limits).

"Hen". A mature female chicken.

"Hillside Design Guidelines". The Town of Tiburon Design Guidelines for Hillside Dwellings and General Design Guidelines for New Construction and Remodeling.

"Historic building". Any building listed on a national, state, or local register or listing of historic resources.

"Hive". Any receptacle or container, or part of any receptacle or container, which is inhabited by a live colony of bees.

"Home occupation". Any use which is conducted entirely within a dwelling and carried on by the inhabitants thereof, is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone in which it is located, and may be permitted in any residential zone. Subject to the regulations contained in section 16-52.110 (home occupations).

"Home, rest or convalescent". "Rest home" or "convalescent home" means a residential use in which nursing, dietary, and other personal services are furnished to convalescents, invalids, or aged persons.

"Hospital". See "Medical services hospitals."

"Hotel". A building or part thereof containing completely furnished individual guest rooms or suites, occupied on a transient basis (less than thirty days), where lodging with or without meals is provided for compensation. This definition includes motels.

"Household". See "Family."

"Household pet". A domesticated animal normally allowed free access to the dwelling, kept for company, security, or pleasure and bred for this purpose, in compliance with title VI, chapter 20 (animals). Examples include a dog, cat, or canary; but do not include related species normally found in the wild state.

"Housing authority". The Housing Authority of the County of Marin, a public body, corporate and politic, created in compliance with the Housing Authority Law of the State of California, or its successor.

"Housing element". The Town of Tiburon General Plan Housing Element.

"HUD". The United States Department of Housing and Urban Development or its successor.

I.

Definitions, "I."

"Inclusionary housing". Housing for low and moderate-income families, as defined in article VII (inclusionary housing and density bonuses). The following words and phrases shall be interpreted as set forth below for use of regulations in article VII:

1.

Affordable unit. A dwelling unit affordable to households of very low, low, or moderate-income as determined by the housing authority.

2.

Applicant. The owner of a property on which a proposed project is located, or his agent, as designated by him in writing.

3.

At one location. All adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way, or separated only by other land of the applicant.

4.

Density bonus. An increase in the number of units otherwise allowed by the general plan and/or zoning ordinance for any particular lot or parcel.

5.

Dwelling unit. A room or group of internally connected rooms that have sleeping, food preparation, eating and sanitary facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

6.

Handicapped accessible unit. A dwelling unit that meets all the special requirements as set forth in federal and state law for handicapped persons.

7.

Housing authority. The Housing Authority of the County of Marin, a public body, corporate and politic, created in compliance with the Housing Authority Law of the State of California, or its successor.

8.

Housing element. The Town of Tiburon General Plan Housing Element.

9.

HUD. The United States Department of Housing and Urban Development or its successor.

10.

Inclusionary unit. An ownership or rental dwelling unit that is affordable by households with very low, low, or moderate-income, and/or a dwelling unit designed for a special needs household.

11.

In-lieu housing fee. A fee paid to the town by an applicant for residential development in the town, in lieu of providing the required inclusionary units or lots.

12.

Income levels. The following definitions are used to describe income levels:

a.

Low income. That income level determined periodically by the housing authority using median income levels and family sizes. Generally, low income indicates a household income between fifty percent and eighty percent of median income.

b.

Moderate-income. That income level determined periodically by the housing authority using median income levels and family sizes. Generally, moderate-income indicates a household income between eighty percent and one hundred twenty percent of median income.

c.

Very low income. That income level determined periodically by the housing authority using median income levels and family sizes. Generally, very low income indicates a household income below fifty percent of median income.

13.

Median income. The median income for the San Francisco Primary Metropolitan Statistical Area (PMSA), or its successor, as determined by HUD, adjusted for family size and updated annually.

14.

New. Not previously existing in a numerical sense. For example, the subdivision of an existing lot or parcel into two lots will create only one new lot.

15.

Resale controls. Legal restrictions by which the price of an affordable unit will be controlled, ensuring that the unit remains affordable by very low, low, or moderate-income households on resale.

16.

Residential development. A housing development, as defined in California Government Code Section 65915 et seq., condominium conversion or land subdivision, at one location, including all residential lots or dwelling units for which permits have been applied for or approved.

17.

Special needs household. A household with identified special needs, including but not limited to:

a.

Single-person household (smaller units);

b.

Single-parent household (smaller units);

c.

Senior household (including assisted housing and board and care);

d.

Large family household (minimum of three bedrooms); and

e.

A household with people with disabilities (handicapped persons).

"Improved parking surface". An artificially enhanced ground surface, typically but not exclusively composed of concrete, asphalt, stone, pavers, brick, ceramic, macadam, turf-block, or gravel, that is used for, or capable of being used for, the parking of vehicles.

"Industry". Any nonresidential building or land area in which the industrial operations of manufacturing, fabricating, processing, reduction, or destruction of any article, substance, or commodity, or similar processes takes place.

"Institution". A public or semi-public facility, especially schools, religious places of worship, public government buildings, and other structures used and occupied by a government, religious, educational, or other similar organization.

"Interlocking module". Angle parking that places the bumpers of vehicles in adjacent stalls next to one another. An interlocking to curb module places the bumpers of vehicles to adjacent curbs.

"Intermediate community care facility". See "community care facility."

J.

Definitions, "J."

"Junior accessory dwelling unit". A unit that is no more than five hundred square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"Junkyard". Buildings, structures, or premises where junk, waste, and discarded, recyclable, or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled. Includes automobile wrecking yards, but does not include premises used for the purchase or storage of used furniture and household equipment, or used cars in operable condition.

K.

Definitions, "K."

"Kennel". Any lot or premises on which four or more dogs, cats, or other small animals at least four months of age are kept; or an establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other small animals and household pets.

"Kitchen". Any portion of a structure, other than a wet bar, with a combination of two or more of the following:

1.

Sink (other than that associated with a bathroom);

2.

Food storage and preparation areas;

3.

Refrigerator; or

4.

Cooking appliances including a stove, microwave oven, convection oven, cooking burners, hot plate or similar appliances that reasonably may be used for the preparation of food.

L.

Definitions, "L."

"Landscaped area". The portion of a site containing planted areas and plant materials including trees, shrubs, lawns, flower beds, and ground cover, together with decorative elements such as walks, benches, patios, terraces, water features, and the like, suitable for ornamenting or screening the site or a use on the site.

"Legal nonconforming structure". A structure which was lawfully existing or maintained, or for which a building permit was issued but which no longer conforms to the standards of coverage, yard space, height, distance between structures, or other prescribed regulation for the Zone in which the structure is located. (Please refer to division 16-62 [nonconforming uses, structures, and lots] for more detailed information.)

"Legal nonconforming use". A use of a structure or land which was lawfully established and maintained but which no longer conforms to the use regulations of the Zone in which it is located. (Refer to division 16-62 [nonconforming uses, structures, and lots] for more detailed information.)

"Livestock". All domestic or domesticated bovine (cattle-type), equine (horse-type), ovine (sheep-type), porcine (pig-type), corvine (deer-type), caprine (goat-type), or ratite (ostrich-type) animals.

"Loading area". A space not on a public street, conforming to the requirements for loading spaces or berths specified in section 16-32.090 (loading berths), with adequate provision for ingress and egress. Developed for the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and related landscaped areas, and normally located on the lot where the building or use which it serves is located.

"Lot". Land occupied or to be occupied by a building and its accessory building, together with such open spaces as may be required in compliance with the provisions herein, having not less than the minimum area required by this zoning ordinance for a building site in the zone in which such lot is situated, and having frontage on a street; and which is shown on a duly approved and recorded subdivision map, or otherwise legally subdivided or recognized by certificate of compliance (see figure 10-1 and 10-2). (See also "parcel".)

1.

Corner lot. A lot that occupies the interior angle at the intersection of two or more streets that have an angle of intersection of not more than one hundred thirty-five degrees.

2.

Through lot. An interior lot having frontage on two parallel or approximately parallel streets.

3.

Flag lot. A lot having a narrower strip connection to a public street than would otherwise be permitted under the minimum lot width requirement, but in no case less than fifteen feet.

4.

Interior lot. A lot other than a corner lot.

Figure 10-1 Lot Lines

Figure 10-2 Lot Types

5.

Key lot. The first interior lot to the rear of a reversed corner lot.

6.

Reversed corner lot. A corner lot, the rear setback of which abuts the side setback of another lot.

"Lot area". The total area included within the boundary lines of a lot, exclusive of the area of access corridors or portions of the lot within existing or planned street lines. See Figure 10-2 above.

"Lot coverage". The percentage of a lot or parcel that is covered by structures. (Refer to subsection 16-30.120.B (lot coverage) for detailed information on the calculation of lot coverage.)

"Lot line". The lines bounding a lot as defined herein.

"Lot line, front". "Front lot line" means the line of an interior lot separating it from a street at or closest to the access to the lot, except (1) as otherwise defined under "frontage", or (2) when a front property line falls within a street right-of-way or roadway easement, the front lot line shall be the street right-of-way or roadway easement line within the property.

"Lot line, rear". "Rear lot line" means a lot line that is opposite and most distant from the front lot line. On an irregular lot that is not of extreme configuration, the rear lot line shall coincide with the rear property line. In the case of an extremely irregular or triangular shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line shall be the rear lot line (see figures 10-3 and 10-4 on the following page). In the case of lots within the marine zone, the rear lot line is the mean high tide line.

"Lot line, side". "Side lot line" means the line of an interior lot separating it from another lot and the line of a corner lot separating the line of that lot adjacent to the frontage from a street, except (1) as otherwise defined under "frontage", or (2) when a street side property line falls within a street right-of-way or easement, the side lot line on that side shall be the easement or right-of-way line within the property.

"Lot of record". A lot created prior to current subdivision map requirements and in compliance with the applicable subdivision regulations in effect at that time.

Figure 10-3 Irregular lot lines

figure 10-4 Triangular lot lines

M.

Definitions, "M."

"Maintenance". Repair work on a building or structure, including painting, carpentry, glazing, and the reinforcement or replacement of defective parts, including roofs, foundations, structural members, and the like, but not including an addition to or enlargement of the building, structure or living area.

"Master plan, conceptual". See "conceptual master plan."

"Mean high tide line". The line establishing the mean high tide elevation. Mean high tide line is used to define the jurisdiction of the Bay Conservation and Development Commission, which includes a band of land one hunred feet shoreward from the mean high tide line. See, also, "Lot line, rear."

"Medical services". Businesses primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals. Counseling services by other than medical doctors or psychiatrists are included under "offices."

"Medical services—Hospitals". The provision of diagnostic services and extensive medical treatment, including surgical and other related services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care services. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports.

"Medical services—Clinics, labs". Businesses primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

1.

Health management organizations (HMOs);

2.

Medical and dental laboratories;

3.

Medical, dental and psychiatric offices;

4.

Out-patient care facilities; and

5.

Other allied health services.

Counseling services by other than medical doctors or psychiatrists are included under "office."

"Mezzanine". An intermediate floor placed within any story or room.

"Mobile home". A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and forty feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing.

"Motel". See "Hotel."

"Municipal Code". The Tiburon Municipal Code.

N.

Definitions, "N."

"Natural resource". Resources, including but not limited to, streams, bays, watersheds, groundwater recharge, soils, wildlife habitat as defined herein, special land forms and natural vegetation.

"New construction". For purposes of subsection 16.52.020(K), a construction project for an existing dwelling or commercial structure wherein either of the following occurs:

1.

The roof is removed and more than fifty percent of the existing exterior wall framing on the upper level is removed. A single-story dwelling is considered to be the upper story for purposes of this clause.

2.

All or most of the roof remains, but more than fifty percent of the exterior wall framing is removed.

"Nonconforming structure". See "legal nonconforming structure."

"Nonconforming use". See "legal nonconforming use."

"Nursery". Any land use to raise trees, shrubs, flowers and other plants for sale or for transplanting.

"Nursery school". See "child day-care center."

O.

Definitions, "O."

"Occupy". To take or enter upon possession of a place, building, or site.

"Office". A place or use where administrative work is done, services offered, or business transacted, with only incidental handling of goods or products.

"Open space". The portion, or portions, of a parcel unoccupied or unobstructed by structures or development of any kind except as permitted by this zoning ordinance or other ordinances of the town, consistent with the general plan.

"Open space land". Any lot or parcel or other real property that is located in the open space zone on the zoning map or that is otherwise encumbered by an open space and/or conservation easement or that is designated as open space in a zoning permit or other town-recognized document.

"Open space use". The use of land for public recreation, enjoyment of scenic or natural beauty, conservation of natural resources, and containment of development.

"Outdoor display". An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and/or used for the purpose of advertising or identifying a business, product, or service, or having the practical effect of doing so.

"Owner of record". The owner of at least fifty percent interest in the subject real property.

P.

Definitions, "P."

"Parcel". All contiguous land held by one owner. A parcel may or may not have frontage on a street, or may contain a street within it.

"Parking area". A site or portion of a site devoted to the off-street parking of motor vehicles. Includes parking spaces, aisles, access drives, and related landscaped areas.

"Parking space". A usable and accessible space, with adequate provision for automobile ingress and egress, which space is used solely and permanently for vehicle parking, and conforms to the provisions of division 16-32 (parking and loading standards) concerning parking regulations.

"Path". A paved or unpaved walkway for pedestrian and/or bicycle use.

"Paved areas". Hardscape that includes, but is not limited to, walks, driveways, and garage aprons.

"Permit". All building, grading, and other certificates of entitlement issued by the town including use permits and variances.

"Permit, conditional use". See "conditional use permit."

"Philanthropic facility". See "charitable facility."

"Photovoltaic energy generation system". An arrangement of components designed to convert sunlight directly to electricity to supply usable electric power for a variety of purposes.

"Planned development". A development project, usually located in the RPD or RMP zone, in which typical zoning regulations such as density, coverage limits, setbacks, and so forth have been or will be established by adoption of a precise development plan or similar document.

"Planned development map". A map depicting planned development zones within the town. (See section 16-14.020 [zoning map and zones])

"Planning commission". The Town of Tiburon Planning Commission, referred to throughout this zoning ordinance as the "commission."

"Planning director". See "director of community development."

"Planning division". The division of the community development department charged with responsibility for the current and advance planning functions of the town, including land use regulation, zoning permits, and enforcement thereof.

"Play equipment". Equipment intended to be used for play purposes on residential property, including basketball standards, swing sets, and similar recreational equipment.

"Play structure". A portable (not permanently installed into the ground) structure intended to be used by children for play purposes on residential property.

"Precise development plan". A plan submitted by a property owner, or his legal representative, specifically showing the proposed improvement of a property including the site plan, preliminary engineering data, building concepts, landscaping plan, and other information as required in section 16-52.060 (precise development plan).

"Preschool". See "child day-care center".

"Prezoning". A zoning designation, formally adopted by the town, that applies to unincorporated territory adjoining the town or within its Planning Area, that would become effective upon annexation. Prezoning has no regulatory effect until the property is annexed. See section 16-68.030 (prezoning and annexation).

"Principal use". The primary purpose or function that a lot serves or is intended to serve.

"Private residential recreation facilities". A noncommercial club or recreation facility, civic club, or veteran organization, when located in a single-family dwelling.

"Property". A parcel or lot, unless otherwise specified herein.

"Property area". See "lot area."

"Property line". The boundary defining the ownership of any parcel of land, including a public right-of-way but not including a limit of ownership within a public right-of-way.

"Public use". Any use that is available to the general public and/or owned by the general public.

"Public/quasi-public use". A land use including educational facilities; governmental and quasi-public buildings or facilities; utility facilities; and similar facilities owned or operated by public or non-profit agencies.

Q.

Definitions, "Q."

No specialized terms beginning with the letter "Q" are defined at this time.

R.

Definitions, "R."

"Real estate tract office". A dwelling temporarily occupied by an office use for the intent of conducting real estate sales for a development project under construction in which the dwelling is located.

"Rear Setback". An area extending across the full width of a lot or parcel, the depth of which is the minimum distance from the rear lot line (see "Lot line, rear") as set forth in article II of this chapter for the zone in which the lot or parcel is located.

"Recreation, public". Any recreation use owned or operated by a public agency, with or without charging a fee.

"Recreational vehicle". A motor home, travel trailer, truck camper or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency or other occupancy, which meets all of the following criteria:

1.

It contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

2.

It contains four hundred square feet or less of gross area measured at maximum horizontal projections;

3.

It is built on a single chassis; and

4.

It is self-propelled, truck-mounted or permanently towable on the highways without a towing permit.

"Religious places of worship". Religious facilities operated by organizations for worship, or the promotion of religious activities. Includes accessory uses on the same site, such as living quarters for ministers and staff, and child day-care facilities where authorized by the same type of land use permit required for the religious facility itself. Does not include other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp), which are defined under their respective activities.

"Remodel". For purposes of subsection 16.52.020 (K), a construction project for an existing dwelling or commercial structure that does not qualify as "new construction" as that term is defined herein.

"Resale controls". Legal restrictions by which the price of an affordable unit will be controlled, ensuring that the unit remains affordable by very low, low, or moderate-income households on resale.

"Residence". A building or portion thereof containing one dwelling unit designed for occupancy of or occupied by one family.

"Residential care facility". A dwelling unit licensed or supervised by any federal, state, or local health/welfare agency which provides 24-hour nonmedical care of unrelated persons who are disabled and need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment.

"Residential planned development zone". Any area of land or water designated RPD and subject to all of the terms and regulations of sections 16-21.030 (residential zones allowable land uses and permit requirements) and 16-21.040 (residential zones development standards).

"Retail store". A business selling goods, wares, or merchandise directly to the ultimate consumer.

"Review authority". The design review board, planning commission, town council, town official, or other designee acting on a zoning permit application.

"Ridgeline". A ground line located at the highest elevation of a connected series of major and minor hills. The primary ridgeline in Tiburon is the Tiburon Ridge as identified in the general plan open space and conservation element. Significant (secondary) ridgelines are also identified in the general plan open space and conservation element.

"Right-of-way". The legal boundary of a street. (See "street line.")

"Rooming house". See "boarding house."

S.

Definitions, "S."

"Seasonal rental unit". See "vacation rental".

"Secondary dwelling unit". The predecessor to an accessory dwelling unit under local zoning laws. Secondary dwelling unit permits were issued under local zoning laws in effect after February 3, 1984 and prior to January 1, 2017.

1.

Attached secondary dwelling unit. A secondary dwelling unit that shares a common wall with the primary unit.

2.

Legal nonconforming secondary dwelling unit. A secondary dwelling unit that currently does not conform to the regulations for the zone in which it is situated but which did conform at the time it was constructed or erected.

3.

Owner of record. The owner of at least fifty percent interest in the subject real property.

4.

Primary unit. The building (or portion of the building in cases of an attached secondary dwelling unit) in which the principal residential use of the lot takes place. A secondary dwelling unit cannot constitute the primary unit.

5.

Principal place of residence. A dwelling unit that is occupied by the owner of record as a primary place of residence.

"Secretary of the board". The director of community development or his designee.

"Secretary of the planning commission". The director of community development or his designee.

"Service station". A place for the retail sale of gasoline or other motor vehicle fuels, which may also include services incidental to fuel sales. These incidental services may include vehicle engine maintenance and repair, towing and trailer rental services. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

"Setback". A portion of a lot or parcel in which certain uses, buildings or structures are regulated or restricted. Setback distances are based on the zone in which the lot or parcel is located. See article II for specifics and see section 16-30.030C (Figure 3.1) for a graphic representation. See also "Front setback", "Rear setback", and "Side setback".

"Short term rental". See "vacation rental".

"Side setback". An area extending from the front setback to the rear setback of the lot or parcel, the width of which is the minimum distance from the side lot line (see "Lot line, side"), as set forth in article II of this chapter for the zone in which the lot or parcel is located.

"Sidewalk". A paved walkway adjacent to a street or road.

"Significant (secondary) ridgeline". A ridgeline other than the Tiburon Ridge, as identified and described in the general plan open space and conservation element.

"Site". A parcel of land or portion thereof with access to a street, devoted to or intended for use or occupied by a structure or a group of structures. (See also "lot" and "parcel.")

"Site area". See "lot area."

"Site plan and architectural review". A type of zoning permit procedure used by the town. Refer to section 16-52.020 (site plan and architectural review).

"Slope". The natural ground slope of a lot or parcel. Percent of slope shall be measured along a line passing through the center of the lot or parcel, or through the building site, between lot lines and perpendicular to the natural contours; this choice shall be made by the director.

"Special needs household". A household with identified special needs, including, but not limited to:

a.

Single-person household (smaller units);

b.

Single-parent household (smaller units);

c.

Senior household (including assisted housing and board and care);

d.

Large family household (minimum of three bedrooms);

e.

A household with people with disabilities (handicapped persons).

"Special setback". A setback different than normally required pursuant to article II of this chapter that is required through the course of a conditional permit or other discretionary zoning permit review.

"Sports court". A court facility where outdoor recreational activities occur for noncommercial neighborhood, community, or private residential use. These include facilities such as basketball courts and tennis courts.

"Stable, private". An accessory structure on a lot of not less than one acre in area in which not more than two horses are kept for private use, provided that an additional horse may be added for each additional acre of land in the site.

"Stable, public". A building in which any horses are kept for remuneration, hire, or sale.

"State". The State of California.

"Stock cooperative". A development as defined in Section 4190 of the California Civil Code, or any successor section thereto.

"Storage box". A receptacle used to store household goods and furniture during the construction process on a property.

"Story". That portion of a building including between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

"Street". A thoroughfare other than an alley, whether public or private, which provides the principal means of vehicular access to abutting property.

"Street line". The dividing line between a lot or parcel of land and a contiguous street. The street line shall be the right-of-way line in cases where the property extends into the street.

"Structure". Anything that is built or constructed and requires a location on the ground, including a building, accessory building, or edifice of any kind; or any piece of work artificially built up or composed of parts. Structure does not include a fence or a wall used as a fence three and one-half feet or less in height; nor landscaping features, decks, or pavement wherein no part of such landscaping features, decks, or pavement extends more than three feet above grade.

"Structure, legal nonconforming". See "legal nonconforming structure."

"Supportive housing". Housing with no limit on length of stay, that is occupied by people with disabilities and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

"Swimming pool". A pool, pond, lake, hot tub, or open tank capable of containing water to a depth greater than one and one-half feet located on the site of a private residence for the exclusive use of residents of the site and their guests. It shall not be considered a structure unless it extends more than three feet above grade as defined herein.

T.

Definitions, "T."

"Target population". Adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act Division 4.5 (commencing with Section 4500 of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.

"Theater, playhouse". A building, room, or outdoor structure for the presentation of plays, films, or other dramatic performances.

"Town". The Town of Tiburon, County of Marin, State of California.

"Town clerk". The town clerk of the town, or a designated deputy.

"Town-sponsored project". A building exceeding three thousand square feet in floor area primarily funded and sponsored by the town and located on town-owned land.

"Trail". An unpaved walkway.

"Trailer". Any vehicle or structure constructed in such a manner as to permit occupancy as sleeping quarters or the conduct of any trade or business, and so designed that it is or may be mounted on wheels and used as a conveyance, propelled or drawn by its own or other motive powers; this may include boats on trailers when used as described.

"Transitional housing". Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

U.

Definitions, "U."

"Undivided interest project". Any parcel of land containing five or more residential dwelling units in which five or more individuals own an undivided interest coupled with the right of exclusive occupancy of any unit located thereon.

"Usable open space". The required, relatively level portion of a lot at ground level, including terraces or decking, unoccupied by principal or accessory buildings, and available to all occupants of a building or dwelling; this space of minimum prescribed dimension shall be unobstructed to the sky and shall not be devoted to driveways, parking, gradients of greater than ten percent, or other surfaces or uses obstructing leisurely outdoor use of the space.

"Use". The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, or enlarged, or for which either a site or structure is or may be occupied or maintained.

"Use, legal nonconforming". See "legal nonconforming use."

V.

Definitions, "V."

"Vacation rental." Rental of any dwelling unit, in whole or in part, within the Town of Tiburon to any person(s) for exclusive transient use of thirty consecutive calendar days or less, in instances where the unit is only approved for permanent residential occupancy and not approved for occupancy by transients, as that term is defined in title ii, chapter 7 of this Code. Rental of units within town-approved hotels, motels and bed and breakfasts shall not be considered vacation rental.

"Vehicle". Any automobile, truck, boat, or any device, operable or inoperable, with or without wheels, by which any person or property may be propelled, moved, or drawn upon any street or highway, excepting nonmotorized bicycles.

"Vest". To obtain a right by completing an action required by the Tiburon Municipal Code, state or federal law.

"View corridor". A view as seen through a corridor created by buildings, trees, or other opaque objects.

"Vista". Similar to view corridor except that vistas need not be confined to a corridor, but may provide long-range views over opaque objects, rather than between them.

W.

Definitions, "W."

"Water efficient landscape". Landscaping and irrigation that has been designed and installed to comply with water efficiency regulations set forth in current Marin Municipal Water District (MMWD) ordinances. A water-efficient landscape is designed to conserve water usage by establishing and applying a 'maximum applied water allowance,' which is the upper limit of annual applied water for a landscape area based on the local evaporation factor, and site-specific factors such as soil, slope and planting conditions. Water-efficient landscape regulations for applicable projects are administered pursuant to title IV, chapter 13E (water efficient landscape) of the Tiburon Municipal Code.

"Wet bar". A portion of a structure, other than a kitchen, with a combination of two or more of the following:

1.

Sink (other than that associated with a bathroom);

2.

Food storage and preparation areas;

3.

Refrigerator (of no more than six cubic feet capacity);

4.

Wine cooler (of no more than six cubic feet capacity);

5.

Under counter ice maker;

6.

Microwave oven; or

7.

Hot plate.

Other cooking appliances, including a stove, convection oven, cooking burners, or similar larger appliances that reasonably may be used for the preparation of food are not permitted as part of a wet bar. A wet bar may be classified as a kitchen if the director determines that the wet bar is in a portion of the house with a separate access to exterior of the building that has the potential for conversion into a separate dwelling unit.

"Width". The distance between the side property lines of a site measured in the mean direction of the front and rear property lines at the front setback line of the site.

"Wildlife habitat". Any area of land or water valuable or necessary to the preservation or enhancement of the wildlife resources of the Tiburon Peninsula.

"Wireless communication facility (WCF)". A facility that transmits and/or receives electromagnetic signals, including without limitation, antennas, microwave dishes, satellite dishes, radio, TV transmitter and broadcasting station, and other types of equipment for the transmission or reception of such signals, monopoles or similar structures supporting the equipment, equipment building, shelters, cabinets, parking area, and other accessory construction. Including amateur and professional facilities.

1.

Antenna. Any device or system of devices, such as poles, panels, rods, reflecting discs, or similar or other objects, used for the transmission or reception of electromagnetic signals, including but not limited to radio waves and microwaves.

2.

Antenna, amateur radio. A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).

3.

Antenna, building-mounted. An antenna or antenna structure mounted on a building or rooftop, including a water tank.

4.

Antenna, direct broadcast satellite service (DBS). An antenna, usually a small home receiving dish, designed to receive direct broadcast from a satellite.

5.

Antenna, ground-mounted. Any antenna or antenna structure that is not mounted on a building or rooftop, and usually anchored directly to the ground.

6.

Antenna, multipoint distribution services (MDS). An antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

7.

Antenna, reception window. The area within the direct line between a satellite antenna and orbiting communications satellites transmitting signals.

8.

Antenna, satellite. Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites.

9.

Antenna, satellite earth station (SES). An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite.

10.

Antenna, television broadcast service (TVBS). An antenna designed to receive only television broadcast signals.

11.

Antenna structure. An antenna and its associated support structure, such as a mast or tower (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

12.

Antenna structure, freestanding. An antenna structure or mast that is not attached to a building, fence, or other such structure. Freestanding antenna structures include communications towers, wooden utility poles, standard or decorative concrete, and steel monopoles. If the total height of the structure, including the antenna, exceeds fifteen feet, it shall be treated as a monopole.

13.

Antenna structure, monopole. A ground-mounted antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood, which exceeds fifteen feet in height.

14.

Electromagnetic field (EMF). A field of radiation produced by all electromagnetic waves, from gamma rays to radio waves. The EMF produced by wireless communication facilities is radio frequency (RF) radiation.

15.

Related equipment. All equipment appurtenant to the transmission and/or reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings, and access ladders.

16.

Satellite dish. See "satellite antenna" under "antenna, satellite."

17.

Visually inevident. That any component of a WCF, while possibly visible to a person with normal vision from street level, is such that it is not visually distinguishable as an antenna or other components of a WCF due to sufficient camouflage, design, screening, building or architectural integration, or other factors.

18.

Wireless communication facility—Co-located. A wireless communication facility comprised of a single telecommunication tower or building supporting one or more antennas or similar devices owned or used by more than one public or private entity.

19.

Wireless communication facility—Shared location. More than one telecommunications facility comprised of multiple antenna structures and other structures used for the support of antennas operated by one or more carriers where such antenna structures and other structures are located on the same lot or parcel.

20.

Wireless communication facility standards. A set of standards, adopted by resolution of the town council, applying generally to review of applications for wireless communication facilities.

X.

Definitions, "X."

No specialized terms beginning with the letter "X" are defined at this time.

Y.

Definitions, "Y."

"Yard". When used in the context of a physical portion of a lot or parcel, "yard" is synonymous with "setback".

1.

Front yard or setback. An area extending across the full width of a lot, the depth of which is the minimum distance separating the front line (as defined herein) and the main building on the lot.

2.

Rear yard or setback. An area extending across the full width of a lot, the depth of which is the minimum distance separating the rear lot line (as defined herein) and the main building on the lot.

3.

Side yard or setback. An area from the rear to the front yard of the lot, the width of which is the minimum distance separating the side lot line (as defined herein) and the main building on the lot.

Z.

Definitions, "Z."

"Zone". An area within which certain uses of land, buildings and structures are permitted and certain others are regulated or prohibited; setbacks are required, and lot areas, building height limits, and other requirements are established.

"Zoning map". The map entitled, "Town of Tiburon Zoning Map" (see section 16-14.020 [zoning map]).

"Zoning permit". Any permit required by the terms of this zoning ordinance.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 524 N.S., § 1E, 3-2-2011; Ord. No. 541 N.S., §§ (FF)1—4, 8-15-2012; Ord. No. 542 N.S., §§ 2(B)(1), (2), 8-15-2012; Ord. No. 552 N.S., § 2(B), 9-3-2014; Ord. No. 554 N.S. , § 2(G), 2-18-2015; Ord. No. 555 N.S. , § 2(F), 2-18-2015; Ord. No. 562 N.S ., § 2(B), 11-18-2015; Ord. No. 564 N.S. , §§ (Q)—(Z), (AA), (BB), 4-6-2016; Ord. No. 568 N.S., §§ 2(G)—(L), 2-1-2017; ; Ord. No. 570 N.S. , § 2(B), 5-17-2017; Ord. No. 577 N.S. , § 2(I), (J), (L), 5-16-2018)