§ 16-21.030. Residential zones allowable land uses and permit requirements.

A.

General permit requirements. Table 2-1 identifies the uses allowed by this zoning ordinance in each residential zone, and the zoning permit required to establish each use, in compliance with section 16-20.030 (allowable land uses and zoning permit requirements). Permitted uses are shown as "P" uses in table 2-1.

B.

Permit requirements for certain specific land uses. Where the last column in table 2-1 ("Specific Use Regulations") includes a section number, the referenced section determines whether the use requires a conditional use permit. The referenced section may also refer to other requirements and standards applicable to the use.

C.

Additional uses. Additional specific uses which are, in the determination of the director, similar or accessory to those uses listed in table 2-1 shall be permitted only when a conditional use permit is granted therefore as provided in section 16-52.040 (conditional use permit) and shown as "U" uses in table 2-1.

D.

Improvement requirements.

1.

R-2 zone. Conversion of existing two-family or multifamily dwellings in the R-2 zone into single-family dwellings or buildings containing fewer dwelling units shall be subject to approval of a conditional use permit as provided in section 16-52.040 (conditional use permit).

2.

R-3 zone. All improvements proposed for the R-3 zone other than alterations, additions or other changes to existing structures are subject to approval of a conditional use permit as provided in section 16-52.040 (conditional use permit).

3.

RPD and RMP zones. Approval of a precise development plan in compliance with the provisions of section 16-52.060 (precise development plan) is required prior to subdivision, grading, or improvements of any kind in the RPD and RMP zones.

TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones		P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed
		PERMIT REQUIRED BY DISTRICT							Specific Use Regulations
LAND USE (1)		R-1	R-1-B	RO	R-2	R-3	RPD	RMP
AGRICULTURAL & OPEN SPACE USES
	Agriculture, including aviaries (6)	U	U	U	U	U	U	U
	Botanical conservatories, outdoor nature labs, and similar facilities	—	—	—	—	—	U	U
	Open space use	—	—	—	—	—	P	P
	Wildlife sanctuaries	—	—	—	—	—	U	U
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
	Equestrian facility (2)	U	U	U	—	—	U	U	Title VI, 20-5.1
	Golf course/country club	U	U	U	—	—	U	U
	Library, museum	U	U	U	U	U	—	—
	Parochial or other nonprofit school - elementary, secondary, or college	U	U	U	U	U	U	U
	Philanthropic or charitable facility	U	U	U	U	U	U	U
	Private residential recreation facilities	U	U	U	U	U	U	U
	Public park	P	P	P	P	P	P	P
	Playground	U	U	U	U	U	U	U
	Publicly owned building or facility	U	U	U	U	U	U	U
	Religious places of worship	U	U	U	U	U	U	U
RESIDENTIAL USES
	Home occupation	P	P	P	P	P	P	P	16-52.110
	Intermediate or community care facility (3)	P	P	P	P	P	P	P
	Multifamily dwelling	—	—	—	—	P	—	P
	Accessory dwelling unit /Junior accessory dwelling unit (5)	MP	MP	MP	—	—	MP	—	16-52.100/ 16-52.105
	Single-family dwelling	P	P	P	P	—	P	P
	Single-family dwelling providing room/board for 1 paying guest for a minimum of 31 consecutive days; vacation rentals are not permitted	P	P	P	P	—	P	P
	Two-family dwelling, attached	—	—	—	P	—	—	P
	Two-family dwelling, detached	—	—	—	P(4)	—	—	—	16-40.020
	Transitional, supportive housing	P	P	P	P	P	P	P
Key to Zoning District Symbols
R-1	Single-Family Residential	R-3	Multifamily Residential
R-1-B	Modified Single-Family Residential	RPD	Residential Planned Development
RO	Residential Open	RMP	Residential Multiple Planned
R-2	Two-Family Residential

 

Notes:

(1) See article X (definitions) for land use definitions.

(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance.

(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.

(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003, are deemed legal nonconforming structures subject to provisions of division 16-62.

(5) Also subject to the standards adopted by separate resolution of the town council.

(6) Except for chicken keeping and beekeeping as set forth in section 16-40.070.

TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones		P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed
LAND USE (1)		PERMIT REQUIRED BY DISTRICT							Specific Use Regulations
		R-1	R-1-B	RO	R-2	R-3	RPD	RMP
SERVICES - GENERAL
	Bed and breakfast facility (B&B)	U	U	U	—	—	—	—
	Child day-care facilities, small family day-care homes - up to 8 children (5)	P	P	P	P	P	P	P	Health & Safety Code 1597.3 et seq.
	Child day-care facilities, large family day-care homes - 9 to 14 children (5)	MP	MP	MP	MP	MP	MP	MP	Health & Safety Code 1597.46—1597.465
	Child day-care center - 15 or more children	U	U	U	U	U	U	U
	Medical services - Hospital	U	U	U	U	U	U	U
	Real estate tract office	U	U	U	U	U	U	U
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
	Public utility and communication equipment building	U	U	U	U	U	U	U
	Wireless communication facility, amateur or professional	U/MP	U/MP	U/MP	U/MP	U/MP	U/MP	U/MP	Government Code 65850.6
Key to Zoning District Symbols
R-1	Single-Family Residential	R-3	Multifamily Residential
R-1-B	Modified Single-Family Residential	RPD	Residential Planned Development
RO	Residential Open	RMP	Residential Multiple Planned
R-2	Two-Family Residential

 

Notes:

(1) See article X (definitions) for land use definitions.

(2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance.

(3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code.

(4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003, are deemed legal nonconforming structures subject to provisions of division 16-62.

(5) When located in a single-family dwelling.

(6) See Section 16-42.040 for specifics. Certain modifications, replacements and removals are subject to ministerial review and approval under federal law or are eligible for streamlined discretionary review.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 541 N.S. § 2(A), 8-15-2012; Ord. No. 542 N.S., §§ 2(C)(1), (2), 8-15-2012; Ord. No. 554 N.S. , § 2(A)(Exh. A), 2-18-2015; 555 N.S. , § 2(A)(Exh. A), 2-18-2015; Ord. No. 558 N.S. , § 2, 6-3-2015; Ord. No. 562 N.S ., § 2(A)(Exh. A), 11-18-2015; Ord. No. 568 N.S., § 2(A), 2-1-2017; Ord. No. 577 N.S. , § 2(A), 5-16-2018)