Chapter 10.88
DEFINITIONS
Sections:
10.88.010 Purpose and applicability.
10.88.030 General rules for construction of language.
10.88.040 Specialized terms and land use definitions.
Prior legislation: Ord. 1159.
10.88.010 Purpose and applicability.
This chapter provides definitions of the types of land uses, and other terms and phrases used in this Zoning Ordinance that are technical or specialized or that may not reflect common usage. If any definitions in this chapter conflict with definitions in other titles of the Sausalito Municipal Code, these definitions prevail for the purposes of this title (Zoning). [Ord. 1167 § 2, 2003.]
10.88.020 Organization.
SMC 10.88.040 (Specialized terms and land use definitions) defines specialized terms and phrases used throughout this title and defines allowable land uses for zoning and overlay districts, as set forth by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations). Examples of specific uses that are included under the general titles listed in the land use and permit tables are provided. [Ord. 1167 § 2, 2003.]
10.88.030 General rules for construction of language.
The following general rules of construction shall apply to the interpretation and application of the terms and phrases used in this Zoning Ordinance:
A. The specific shall supersede the general.
B. In any case where there appears to be a difference in meaning or implication between the text of a provision and any caption or illustration, the text shall control.
C. “Shall” is mandatory; “may” is discretionary.
D. Words used in the present tense include the future; words used in the singular include the plural, and words used in the plural include the singular, unless the context clearly indicates the contrary.
E. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as shown:
1. “And” means that all items or provisions so connected shall apply;
2. “Or” means that all items or provisions so connected may apply singly or in any combination;
3. “Either... or” means that the items or provisions so connected shall apply, but not in combination;
4. “And/or” means that all items or provisions so connected shall apply collectively, or that such items shall apply singly, as may be appropriate to the specific situation.
5. “Including” is not utilized to signify an all-inclusive list. Rather, it is meant to signify “included, but not limited to.”
F. All public officials, bodies, and agencies, as well as ordinances, policies, regulations, etc., referred to in this Zoning Ordinance are those of the City of Sausalito unless otherwise specifically noted. [Ord. 1167 § 2, 2003.]
10.88.040 Specialized terms and land use definitions.
The definitions that follow include lists of the various land uses included under each general title. It is the intention of this chapter that by referencing specific uses, those are the specific uses that are permitted in the applicable zoning district. Uses that are not listed are not permitted. Chapters 10.20 through 10.28 (Zoning Districts Regulations), 10.40 (General Development Regulations), 10.42 (Sign and Awning Regulations) and 10.44 SMC (Specific Use Requirements) specify permit requirements and/or development standards applicable to a given use.
Whenever a land use definition in this section includes a reference to “SIC,” such reference is to the Standard Industrial Classification Manual, 1987, published by the Executive Office of the President of the United States, Office of Management and Budget. The SIC is a collection of more comprehensive and detailed definitions of land uses, which may be consulted as a reference by the Community Development Director and/or the Planning Commission in determinations regarding specific land uses allowed in particular zoning and overlay districts. If the SIC identifies a use which is not listed in the definitions contained in this chapter, this chapter is the governing list of permitted uses (not the SIC). However, a project proponent may file a determination of use application pursuant to the provisions of SMC 10.80.080 (Determination of use) and the Planning Commission may use the SIC as a reference in reaching its decision.
“Access way” means a portion of a parcel of land which because of its size and shape and its relationship to the street and the balance of the property is suitable only for providing vehicular or pedestrian access to the balance of the property.
“Accessory dwelling unit” means an attached, detached, or interior residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007 as may be amended from time to time.
“Accessory structure or building” means a detached building or structure which is subordinate to, substantially smaller than, and the use of which is customarily incidental to, that of the main building, structure, or use on the same lot.
“Accessory use” means a use accessory to any principal use and customarily a part thereof, which is clearly incidental and secondary to the principal use and does not change the character of the principal use.
“Affordable rent” means the amount of monthly rent, including a reasonable utility allowance, that does not exceed the maximum allowable rent to be charged by the property owner and paid by very low income households, or low income households, or moderate income households, as the case may be, occupying the accessory dwelling unit as determined pursuant to Section 50053 of the California Health and Safety Code.
“Affordable units” means units within a residential development which will be reserved for sale or rent to, and made available at an affordable rent or affordable ownership cost to, very low, low or moderate income households.
“Agricultural accessory structure” means an uninhabited structure or building designed and built to store farm animals, implements, supplies or products that contains no residential use and is not open to the public. Includes: Barns and other similar buildings and structures, but not commercial greenhouses (which are under “plant nurseries”) or buildings for agricultural processing activities.
“Alcoholic beverage” means any beverage falling within the definition contained in Section 23004 of the Business and Professions Code of the State of California.
“Animal enclosures” means any structure including, but not limited to, pens, paddocks, corrals, stalls, stables, barns, shelters, or any other similar facility, within which animals are permanently kept or which are intended primarily for the keeping of animals.
“Animal raising and keeping” means the keeping, feeding or raising of animals as an avocation, hobby, or school project as a subordinate use to a principally permitted land use. Includes the keeping of aviaries; worm farms; household pets, etc.
Antennas. See “wireless communication facilities.”
Apartment. See “dwelling, multiple-family.”
“Appurtenance” means a building element attached to a structure, including a bay window or a decorative element that projects from the plane of a structure wall.
Ark. See “dwelling, single-family ark.”
“Arterial” means any major street/road designed for thoroughfare use by regional traffic as distinguished from neighborhood streets, local service routes or collector avenues.
*“Arts, applied” means the design, crafting, and construction of custom products for commercial purposes by persons who employ artistic techniques. Applied arts uses include, but are not limited to:
1. Architecture and building design;
2. Commercial photography;
3. Digital media design, computer software and website design;
4. Graphic design including production;
5. Home decoration;
6. Interior design;
7. Landscape architecture and design;
8. Marine applied arts such as:
a. Marine graphics and illustration;
b. Marine photography;
c. Marine publishing (fine art);
d. Nautical arts and photography;
e. Naval architecture and design;
f. Naval engineering.
*“Arts, fine” means the design, crafting, and construction of singular, fine art products by persons who employ artistic techniques. Fine arts include, but are not limited to:
1. Artists, such as painters, potters, sculptors, photographers, poets, and authors;
2. Arts and crafts studios;
3. Digital artists;
4. Publishers;
5. Theatrical groups.
*“Arts, industrial” means the design, crafting, and construction of unique or custom-made industrial products by persons who employ artistic techniques. Industrial arts uses include, but are not limited to:
1. Cabinet making;
2. Metal fabricating;
3. Casting (metal, concrete, plaster, plastic, etc.);
4. Woodworking.
*“Arts, marine” means the design, crafting, and construction of unique or custom-made marine products by persons who employ artistic techniques. Marine arts uses include, but are not limited to:
1. Boat building and fabricating;
2. Marine carpentry, cabinet making, woodworking.
Attached. For purposes of this title, buildings and structures shall be considered “attached” if they share a common roof system and/or building walls.
“Attached accessory dwelling unit” means an accessory dwelling unit that shares a common wall with the primary dwelling unit on the lot, either by being constructed as a physical expansion (i.e., addition) of the primary dwelling unit, conversion of an existing garage attached to the primary dwelling on all parcels that do not contain single-family dwellings, or installation of a new basement underneath an existing primary dwelling unit.
Audible. Noise shall be considered to be “audible” if it exceeds five decibels above the ambient noise level. The ambient noise level shall be established with a noise meter or as defined, by zoning classification, in SMC 12.16.040, whichever is greater. Sound levels shall be measured with a sound level meter using the A weighting and slow response pursuant to SMC 12.16.030.
“Author” means a person who writes as a profession.
“Auto, vehicle and parts sales” means retail trade establishments selling and/or renting new and used automobiles, boats, vans, campers, trucks, recreational and utility trailers, motorcycles, golf carts, and jet-skis (except bicycles and mopeds, which are included under “retail stores”). This use includes any sales of vehicles by an individual when more than six vehicles are sold in one calendar year. Also includes stores selling new automobile parts, tires and accessories (including tire recapping establishments), as well as establishments dealing in used automobiles exclusively. Does not include “service stations,” which are separately defined. (SIC: Group 55.)
Banks and Financial Services – Retail. See SMC 10.44.340.
“Bed and breakfast lodging” means a structure, with one family in permanent residence, where bedrooms without individual cooking facilities are rented for overnight lodging. Meals may be provided subject to applicable County health regulations. Bed and breakfast establishments and other overnight lodging facilities in commercial zones are considered to be hotels regardless of their design or operational character. This definition does not include “hotels” which are defined separately; rooming and boarding houses, which are included under “multiple-family dwellings”; or the rental of an entire residence for one week or longer.
“Building” means a roofed structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. When the parts of a structure are joined only by a breezeway, each such part is a separate building. For the purposes of this title, “building” includes permanent tents and floating structures other than navigable craft docked or moored pending their use for movement of people or goods.
“Building height” means the height of a building as defined in SMC 10.40.060(B)(1) (Standard Building Height).
“Building, main” means a building within which is conducted the principal use on the parcel. Where a use involves more than one building designed or used for the primary purpose, as in the case of dwelling groups or a group of commercial or industrial buildings, each such building on the parcel shall be considered a main, principal, or primary building.
“Building material stores” means primarily indoor retail establishments selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of “retail stores, general merchandise”). Includes all such stores selling to the general public, even if contractor sales account for a larger proportion of total sales. Also includes incidental retail ready-mix concrete operations. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “wholesaling and distribution.” (SIC: Group 52.)
“Bulk reverse vending machine” means a reverse vending machine that occupies an area larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
“Business support services” means establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc.; also includes:
1. Addressing and mailing service;
2. Blueprinting;
3. Business equipment repair services (except vehicle repair, see “repair and maintenance – vehicle”);
4. Business supplies;
5. Commercial art and design (production);
6. Computer-related service (rental, repair, maintenance);
7. Equipment rental businesses within buildings;
8. Exterminators;
9. Film processing laboratories;
10. Janitorial services;
11. Mail advertising services (reproduction and shipping);
12. Photocopying;
13. Photofinishing;
14. Protective services (other than office related);
15. Research and development laboratories;
16. Soils and materials testing laboratories;
17. Stenographic services;
18. Window cleaning. (SIC: Groups 73, 87.)
“Catering, retail” means a business that prepares, delivers and serves food for consumption at off-site locations.
“Certified mobile home” means mobile homes that are certified under the National Mobile Home Construction and Safety Act of 1974 (42 USC Section 5401, et seq.).
“Child day care center” means a commercial or nonprofit facility that does not meet the definition of “Child day care, large and small family day care home” and that provides care, protection and supervision of minor children for periods of less than 24 hours, typically while parents are working and/or before or after daily attendance at an elementary school. Child day care centers may be operated in conjunction with a school or church facility, or as an independent land use. Includes preschools and nursery schools. Such facilities are required to be licensed by the California State Department of Social Services. See SMC 10.44.100 (Child day care) for special land use requirements.
“Child day care, large and small family day care home” means, as provided by Chapters 3.4 through 3.6 of Division 2 of the Health and Safety Code, or its successor, a private dwelling unit where care, protection and supervision of 12 or fewer minor children for periods of less than 24 hours is regularly provided, typically while parents are working. This land use includes large family day care homes, which care for seven to 12 children, and small family day care homes, which care for six or fewer children. Such facilities are required to be licensed by the California State Department of Social Services. See SMC 10.44.100 (Child day care) for special land use requirements.
“Chimney” means a vertical shaft enclosing one or more flues for conveying gases to the outside atmosphere.
“Clothing products” means manufacturing establishments producing clothing and fabricating products by cutting and sewing purchased textile fabrics, and related materials such as leather, rubberized fabrics, plastics, and furs. Also includes leather products and clothing. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (“general merchandise stores”) are included under “personal services.” (SIC: Groups 23, 31.)
“Co-location” means locating multiple wireless communications antennas at a single facility.
“Columbariums and mortuaries” means interment establishments engaged in offering burial plots or air space for sale. Includes mausoleum and columbarium operations; and full-service funeral parlors, separate from a cemetery or columbarium.
Commercial Use. See marinship overlay, SMC 10.28.050.
“Commercial vehicle” means any motor vehicle other than a standard passenger car, pickup truck or van with a rated carrying capacity of less than one ton, or a single- or double-axle trailer 15 feet or less in length. Commercial vehicles include vehicles more than 20 feet in length and single- or double-axle trailers in excess of 15 feet in length, tow trucks, water trucks, busses, dump trucks, forklifts, front loaders, backhoes, carryalls, graders, tracked vehicles, bulldozers, tractors with or without semitrailers, and farm equipment in excess of 10 feet in length.
“Community apartment” means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
“Condominium” is defined as set forth in California Civil Code Section 783. Wherever the term “condominium” is used in this title it shall also be deemed to include “community apartment” and “stock cooperative.” “Condominium” shall also include an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property developed for marina or yacht harbor purposes together with a separate interest in a berthing space in such marina or yacht harbor.
“Condominium conversion” means the conversion of existing real estate and/or structures to separate, saleable condominium units, potentially involving new construction and/or improvements.
“Construction permit” means any or all of the various entitlements established by this title and/or SMC Title 8 (Buildings and Construction) that authorize commencement of construction activities, including but not limited to building permits, grading permits, electrical and plumbing permits, and demolition permits.
“Convenience zone” is an area within a one-half mile radius of a supermarket. A supermarket, for the purpose of this title, is defined as a full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.
“Cottage industries” means the following uses within existing structures on school district property that are not related to the functions of the school district. Cottage industry uses provide for interim, low-intensity, low-density uses compatible with adjacent school uses and residential uses. Retail sales are not permitted in these commercial/industrial businesses. Office use is not permitted except as an accessory use to the uses listed below:
1. Art studios and fine arts.
2. Bookbinding.
3. Craft workshops.
4. Dental labs.
5. Design studios for advertising, building, industrial, stained glass and landscape designers.
6. Marine equipment manufacturing.
7. Picture framing shops.
8. Repair shops for musical instruments, electrical appliances, radios, televisions and furniture.
9. Sign printing shops.
10. Storage and warehousing.
11. Theater workshop.
12. Upholstery shops.
13. Food preparation and catering.
14. Pottery studios.
15. Woodshops.
Coverage. See SMC 10.40.050 regarding building and impervious surface coverage limitations.
“Deck” means an outdoor activity area consisting of a manmade platform that is elevated above the surrounding finished grade.
“Demolition, involuntary” means demolition or damage to structures or buildings due to unanticipated or accidental catastrophic events such as, but not limited to, fire, earthquake, mudslide, flooding, or collision. Does not include deterioration by weathering and/or dry rot, or deterioration due to inadequate maintenance.
“Demolition, partial” means the removal, replacement, renovation, or alteration of (1) less than 51 percent of the lineal footage of such existing elements as the interior and exterior walls as determined by the Community Development Director, or (2) less than 51 percent of the area of existing floors, ceilings and roofs as determined by the Community Development Director.
“Demolition, substantial” means the removal, replacement, or alteration of (1) 51 percent or more of the lineal footage of such existing elements as the interior and exterior walls, or (2) 51 percent or more of the area of existing floors, ceilings and roofs as determined by the Community Development Director.
“Demolition, voluntary” means demolition or damage to structures or buildings due to premeditated acts of the property owner or representative.
“Density” means the measure of the ratio of population to the area of land occupied by that population, which for the purposes of this title is expressed as dwelling units per acre. “Gross density” is the number of lots derived from dividing the area of a site by the area required for each lot or dwelling unit. “Net density” is the number of lots resulting from subtracting the area required for streets (in the case of a subdivision) from the total area of the undivided site, and then dividing the remaining area by the area required for each lot.
Density Bonus. See “residential density bonus.”
“Detached accessory dwelling unit” means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit on the lot, or on all parcels that do not contain single-family dwellings is created by the conversion (full or partial) of an existing detached accessory structure into an accessory dwelling unit, or is created by adding to an existing accessory structure.
“Development” means any construction activity or significant alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of buildings or structures.
“Digital arts” means the practice of digitally enhancing traditional material produced by nondigital mediums including photos, film, video, print, and sound.
“Director” means the Community Development Director or his/her designee.
“Discretionary permit” means a land use entitlement that may be issued under the provisions of this title, but requires the exercise of judgment and the resolution of factual issues to determine if the application and proposed development or land use conform with the provisions of this title. These include administrative design review permits (SMC 10.54.040), design review permits (SMC 10.54.050), encroachment agreements (Chapter 10.56 SMC), minor use permits (Chapter 10.58 SMC), conditional use permits (Chapter 10.60 SMC), nonconforming permits (Chapter 10.62 SMC), condominium conversion permits (Chapter 10.66 SMC), and variances (Chapter 10.68 SMC). Generally, a discretionary permit consists of any entitlement that requires a decision to approve, approve subject to conditions or deny, based on the judgment of the Community Development Department staff, Zoning Administrator or Planning Commission.
“Dock” means a waterborne floating platform affixed to pilings, which may travel in a vertical direction for the purpose of mooring boats. Shall not include drydocks capable of servicing vessels in excess of 60 feet in length (pier, drydock).
“Dockside charter” means an agreement which prohibits a boat from leaving its berth.
“Drinking establishments” means establishments primarily engaged in the retail sale of alcoholic drinks, such as beer, ale, wine, and liquor, for consumption on the premises. Such establishments include bars, beer gardens, beer and/or wine tasting rooms, saloons, and taverns. (SIC: Group 58.)
“Driveway” means a vehicle access way extending from a road or street (See “street”) to a building or structure, vehicle parking or delivery area, or pedestrian drop-off point on the site of a land use, or between such areas on a site. A driveway serves no more than two separately owned parcels.
“Drive-in and drive-thru services” means facilities where motorists may obtain services without leaving their vehicles. Such facilities include drive-up teller windows in banks, etc. Specifically excludes facilities where food or other products may be purchased by motorists without leaving their vehicles, e.g., fast food restaurants.
“Drydock” means a waterborne platform and hoist designed for the purpose of cleaning and repairing boats on and above the water surface.
“Duplex” means a single residential building containing two dwelling units.
“Dwelling” or “dwelling unit” means one or more habitable rooms that are designed and/or used as independent living space for one household, with facilities for living, eating and sleeping, with no more than one kitchen and at least one bathroom, and where all such habitable areas have access to each other from within the building.
“Dwelling, multiple-family” means three or more dwelling units on one lot.
“Dwelling, single-family” means one dwelling unit on one lot.
*“Dwelling, single-family ark” means a single-family dwelling existing in the ark (A) district at the time of adoption of this title, or a single-family dwelling the exterior design of which is an exact replica of the structure existing at the time of adoption of this title.
“Dwelling, two-family” means two dwelling units on one lot.
“Electromagnetic field (EMF)” means fields of radiation produced by all electromagnetic waves, from gamma rays to radio waves. The EMF produced by wireless facilities is radio frequency radiation.
“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Health and Safety Code Section 50801(e)).
FAR or Floor Area Ratio. See SMC 10.40.040.
“Fence” means a structure designed to act as an enclosure or barrier constructed of wood, posts, or other materials.
“Flag lot” means a lot which does not have direct frontage on a road or street, and which is connected to a road or street by a narrow fee ownership appendage that is primarily used to provide access to the building site on the lot.
“Float” means a waterborne platform anchored or secured to the bottom rather than affixed to a piling.
Floor Area. For a definition of floor area, see SMC 10.40.040.
“Floor, finished” means a flat floor on any level of a home that has been finished for purposes of occupancy or storage. Does not include crawl spaces with dirt floors or attics with rafter/insulation.
Formula Retail. See SMC 10.44.240.
“Frequency” means the number of cycles made by electromagnetic radiation in one second.
“Fuel and ice dealers” means retail trade establishments primarily engaged in the sale to consumers of ice, bottled water, fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, as a principal use. (SIC: Group 598.)
“Furniture, furnishings and equipment stores” means stores primarily selling: Home furnishings such as antiques, furniture, floor coverings, draperies, glass and chinaware, stoves, refrigerators, other household electrical and gas appliances including televisions and home sound systems and outdoor furniture such as lawn furniture, movable spas and hot tubs. Establishments selling electrical and gas appliances are included only if the major part of their sales consists of articles for home use. Also includes the retail sale of office furniture and large musical instruments. (SIC: Group 57.)
Garage or Carport. A “garage” is a structure dedicated for the parking of vehicles that is enclosed on at least three sides; a “carport” is enclosed on no more than two sides. Any parking space(s) in a garage must comply with the minimum parking space dimensions specified in SMC 10.40.100 (Parking standards).
“Garage parking space” means an accessible and usable enclosed parking space of not less than nine feet by 19 feet for the storage of automobiles.
“Garage, private” means a building or part thereof accessory to a main building and used primarily for the storage of private passenger automobiles.
“Garage, public” means any premises other than a private garage, used for the storage and/or care of self-propelled vehicles, or where such vehicles are equipped for sale or lease. As a land use, public garages are included under the definition of “vehicle storage.”
“Granting authority” includes the Building Official, Director, Zoning Administrator, Planning Commission and City Council.
Harbor and Marina Facilities. Harbors involve the physical alteration of the shoreline to accommodate facilities such as docks and piers, breakwaters, artificial channels or fills. Marinas are water-oriented service establishments, including: Yachting and rowing clubs, boat rental, storage and launching facilities; excursion boat and sight-seeing facilities; service docks; and other marina-related activities, including but not limited to fuel sales and boat sales.
Height. See “building height.”
“Historic building” means a structure of historic significance based on the criteria contained in Chapter 10.46 SMC.
“Historic landmark” means any building, structure or site that has been so designated by the City Council due to its architectural or cultural historic significance.
“Historic register, local” means a local register of historic structures and sites designated by the City Council, pursuant to Chapter 10.46 SMC.
“Historic resource” means any site, or portion, feature, or use that has architectural or cultural historic significance based upon the criteria contained in Chapter 10.46 SMC.
“Home occupation” means the gainful employment of the occupant of a dwelling in a limited commercial activity, with such employment activity being subordinate to the residential use of the property. See SMC 10.44.030 (Home occupations) for specific use requirements applicable to home occupations.
“Hotel” means any structure, or any portions of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel-condominium, inn, motel, studio hotel, bachelor hotel, lodging house, tourist home or house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. A “hotel” facility excludes timeshare estates and/or timeshare properties, but includes hotel-condominiums and their respective hotel management entities wherein the owners of hotel-condominiums obtain an estate in real property consisting of an undivided interest in common space together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof.
“Hotel-condominium conversion” shall mean the change in the form of ownership of any hotel to separate, saleable condominium units as defined in Section 1351(f) of the California Civil Code.
*“Houseboat” means a floating boat, vessel, or industrial or commercial structure on, or in, the waters of the State, which is designed, fitted out, or used principally for residential purposes and is not principally used for active navigation. See SMC 10.44.160 (Houseboats) for specific use requirements related to houseboats.
“Household” means a single individual, doing his own cooking, and living upon the premises as a separate housekeeping unit, or a collective body of persons, with a legally responsible head of household, doing their own cooking and living together upon the premises as a separate housekeeping unit as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority or hotel.
“Household income levels: very low, low and moderate”1 means households whose gross incomes do not exceed the qualifying very low, low and moderate income limits established in Section 6932 of the California Code of Regulations, as amended periodically based on the U.S. Department of Housing and Urban Development (HUD) estimate of median income in Marin County, and as adjusted by the State Department of Housing and Community Development (HCD). Pursuant to Code Sections 6926, 6928 and 6930, these income limits are equivalent to the following:
1. Very low income household: 50 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD;
2. Low income household: 80 percent of area median income, adjusted for household size appropriate for the unit and other factors determined by HUD;
3. Moderate income households: 120 percent of area median income adjusted for household size appropriate for the unit and other factors determined by HUD.
Pursuant to the Code of Federal Regulations (24 CFR 5.609(b)(3) and 24 CFR 5.603(b)), and consistent with the income eligibility criteria utilized by Marin Housing, “interest, dividends, and other net income of any kind from real personal property” are included in the calculation of annual household income.
“Household, low income” means a household earning less than 80 percent of the Marin County median income based upon information provided by the United States Department of Housing and Urban Development.
“Household, moderate income” means a household earning 80 percent to 120 percent of the Marin County median income based on information provided by the United States Department of Housing and Urban Development.
“Inner court” means an open area with no roof that is surrounded on at least three sides by a structure which, on each of those sides, contains “floor area” as defined in SMC 10.40.040(B).
Inoperable Vehicle. See “vehicle, inoperable.”
“Interior accessory dwelling unit” is an accessory dwelling unit that is either (1) entirely contained within the existing legal space of a primary dwelling unit or (2) on all parcels that contain single-family dwellings, is an accessory dwelling unit that is entirely contained within the existing legal space of an accessory structure. An interior accessory dwelling unit has independent exterior access, and side and rear setbacks sufficient for fire safety.
Involuntary Demolition. See “demolition, involuntary.”
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a proposed or legally existing single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
“Kitchen” or “kitchen facilities” means any appliances or other facilities for the preparation or preservation of food, including but not limited to gas or electric ranges, ovens or stovetops, microwave ovens, sinks and adjacent counters (located in rooms other than a bathroom or laundry room), refrigerators of more than five cubic feet capacity, or freezers. Does not include wet bars or other small counter/sink arrangements unless they are part of a room that is accessed from the outside. Also does not include specialized home canning/preserving facilities.
“Landscape, major” means landscaping in the public right-of-way, such as hedges or trees, which has the potential to impair outlying views or views of the right-of-way at a driveway or other intersection of two or more vehicular ways.
“Lane, pedestrian” means a public right-of-way for use by pedestrians that does not run parallel to a roadway or street.
“Laundries and dry cleaning plants” means service establishments primarily engaged in high volume laundry and garment services, including: Power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in “personal services.” (SIC: Group 72.)
“Laundry room” means a room or area of a residential structure containing electrical and plumbing hook-ups for a washing machine and dryer.
“Libraries and museums” means permanent public or quasi-public facilities generally of a noncommercial nature which are intended to provide historical, cultural, literary, artistic and/or educational displays and information. Such uses may include, but are not limited to: Libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, and arboretums. Also includes historic sites and exhibits. (SIC: Group 84.)
“Light manufacturing” means manufacturing, assembly, packaging, and associated storage and transportation of finished goods not requiring major refinement or raw material preparation. May include food-related manufacturing; apparel manufacturing; furniture and fixture manufacturing; printing, publishing and allied industries; professional and scientific instruments; textile mill products; craft industries, or other uses that create minimal noise, vibration, smoke, dust or any other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the parcel on which it is located.
*“Liveaboard” means a navigable vessel, as regulated in SMC 10.44.170, with liveaboard residential occupant(s) for harbor or marina security purposes. See also “marine service vessels.”
“Lot or parcel” means a portion of land shown as a unit on a recorded subdivision map or an approved minor subdivision map, parcel map or otherwise existing as of record with the office of the Recorder of the County of Marin.
“Low income household” means a household whose gross annual income does not exceed 80 percent of the Marin County median income adjusted for family size as set forth from time to time by regulation of the California Department of Housing and Community Development, pursuant to California Health and Safety Code Section 50093.
*“Marine commercial service” means convenience goods and consumer service establishments to service the maritime needs of the community.
1. Bait and tackle shops, including a limited amount of accessory provisioning of food and beverages, ice dispensers.
2. Boat sales, rentals, charters.
3. Chandlery.
4. Diving equipment, lessons and services.
5. Engine sales, repair and service.
6. Marine electronics sales, service and repair.
7. Marine equipment and supplies sales (including provisioning of food and beverages).
8. Marine equipment sales, manufacturing, service and repair.
9. Marine miscellaneous services (mail services, compass adjuster, provisioning, etc.).
10. Sports fishing facilities.
11. Yacht sales and delivery.
Marine Industrial. Marine industrial uses should be consistent with the protection of the waterfront area and promotion of marine-oriented businesses. Permitted uses include a wide range of relatively small scale, low intensity, nonpolluting, low traffic generating, light marine industrial research and development activities, and arts uses consistent with those found in the marinship district considered to be of need or asset to the community, other marine services, and a working waterfront. Marine service commercial uses are listed separately below. Several marine service uses that could be included under this designation are listed in the maritime category.
1. Boat building and repair.
2. Boat engine repair.
3. Boat maintenance.
4. Boat measuring and surveying.
5. Boat restoration.
6. Boat towing.
7. Engine repair and service.
8. Houseboat construction.
9. Marine carpentry, cabinet making, woodworking.
10. Marine electronics service and repair.
11. Marine mechanical systems.
12. Marine equipment manufacturing, service and repair.
13. Marine research laboratories.
14. Marine salvage.
15. Marine welding and fabricating.
16. Rigging.
17. Sail, canvas construction and repair.
18. Sewer ejection systems.
*“Marine service harbor” means a part of a body of water protected and deep enough to furnish anchorage or mooring of boats or similar floating vessels used in the performance of a marine industrial activity or service conducted on the vessel or nearby on the land.
*“Marine service vessels” means a boat, vessel, or berth for a boat used in the performance of a marine industrial activity or service conducted on the vessel or nearby on the land. Liveaboard use of the vessel is acceptable where it can be demonstrated, to the Community Development Director’s satisfaction, that such residential use is necessary to provide the maritime service.
“Medical marijuana dispensary” is any facility or location where marijuana is made available for medical purposes and/or distributed to a primary caregiver, qualified patient, or person with an identification card. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Medical services – clinics and laboratories” means service establishments primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services including: Medical, dental, and psychiatric offices (mental health-related services including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under “offices”); medical and dental laboratories; outpatient care facilities; opticians and optometrists; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included.
“Medical services – hospitals and extended care” means hospitals and similar establishments engaged primarily in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include accessory retail pharmacies. Also includes residential establishments providing nursing and health related care as a principal use with inpatient beds, such as: Skilled nursing facilities (facilities allowing care for physically or mentally disabled persons, where care is less than that provided by an acute care facility); extended care facilities; convalescent and rest homes; board and care homes. Long-term personal care facilities that do not emphasize medical treatment are classified in “residential care homes.” (SIC: Groups 80, 805.)
“Medical services – veterinary clinics and hospitals” means office and medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.
“Mixed use” means the combination of various uses, such as office, commercial, institutional, and residential, in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A “single site” may include contiguous properties.
“Mobile home” means a manufactured housing structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. See SMC 10.44.060 (Mobile homes/manufactured housing standards) for specific use requirements applicable to mobile homes.
“Moderate income household” means a household whose gross annual income does not exceed 120 percent of the Marin County median income adjusted for family size as set forth from time to time by regulation of the California Department of Housing and Community Development, pursuant to California Health and Safety Code Section 50093.
“Monopole” means a structure composed of a single spire used to support communications equipment.
MUP or Minor Use Permit. See Chapter 10.58 SMC (Minor Use Permits).
Multiple-Family Dwellings. See “dwelling, multiple-family.”
“Musician” means a person who engages, as a profession, in the performance or composition of music.
“Natural grade” means the vertical location of the ground surface, also known as the existing grade, as determined by the established ground contours that existed in 1968. When a topographic survey of the site is required, the survey may be compared with the 1968 Photometric Maps of the City of Sausalito as a guide in determining major ground contour modifications.
“Nurseries” means commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home greenhouses are included under “residential accessory uses”). The sale of houseplants or other nursery products entirely within a building is also included under “retail stores, general merchandise.”
“Occupant” means the person occupying, or otherwise in real or apparent charge and control of, premises affected by any enforcement action taken pursuant to Chapter 10.86 SMC (Enforcement).
“Offices” means professional or government offices including:
1. Accounting, auditing and bookkeeping services.
2. Advertising agencies.
3. Architectural, engineering, and surveying services.
4. Attorneys.
5. Banks and financial institutions that are not retail (see “banks and financial services, retail”).
6. Counseling services.
7. Computer software designers.
8. Data processing and computer services.
9. Detective agencies and similar services.
10. Educational, scientific and research organizations.
11. Interior decorators.
12. Employment, stenographic, secretarial and word processing services.
13. Government offices including agency and administrative office facilities.
14. Management, public relations and consulting services.
15. Photography and commercial art studios.
16. Post offices (not including bulk mailing distribution centers).
17. Real estate agencies.
18. Writers’ and artists’ offices outside the home.
Does not include: Medical offices, which are allowed under “medical services – clinics and laboratories;” or offices that are incidental and accessory to another business or sales activity that is the principal use. Incidental offices that are customarily accessory to another use are allowed in any zone as part of an approved principal use.
“Offices, temporary” means a mobile home, recreational vehicle or modular unit used as a temporary business or construction office during construction of permanent facilities on the same site or as an office on the site of a temporary off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.
“Outdoor commercial recreation” means facilities for various outdoor participant sports and types of recreation, including: Kiddie parks; golf driving ranges independent from golf courses; miniature golf courses; skate board parks; recreation equipment rental (e.g., bicycles and roller skates); tennis courts, swim and tennis clubs.
“Outdoor festivals/concerts” means commercial recreational events held out-of-doors which are of limited duration and do not require permanent improvements or construction. Such events are usually single-performance or single-day occurrences involving the assembly of large groups of people (e.g., musical concerts, arts and crafts fairs, etc.).
“Owner” means the person or persons, firm, corporation or partnership that is the owner of record of a property.
“Parcel depth” means the horizontal distance between the front and rear parcel lines from the midpoint of the front parcel line and measured in the mean direction of the side parcel lines.
“Parcel size, net” means total area of a parcel measured in a horizontal plane within the lot lines bounding the parcel. The following features do not contribute to the net of the parcel area:
1. The area within easements for streets, driveways, parking, pedestrian and bicycle access ways and navigation channels which are not for the exclusive use of the parcel on which any such easement is located;
2. Any portion of an individual access way, in excess of five percent of the minimum parcel or building site area required in the district;
3. Any portion of a parcel which extends beyond a pierhead line as shown in the Sausalito General Plan or on the zoning map referenced in SMC 10.10.020 (Adoption of zoning map).
“Parcel width” means the average horizontal distance between the side parcel lines, measured at right angles to the lines followed in measuring parcel depth.
“Parks and playgrounds” means public and private parks, play lots, playgrounds and athletic fields (nonprofessional); bathing beaches, bathhouses, and public restrooms.
“Person” means any individual, firm, copartnership, corporation, company, association, joint stock association; City, County, State, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
“Personal services” means establishments providing nonmedically related services, including automated teller machines (ATMs) independent from banks and financial institutions; beauty and barber shops; shoe shining and repair shops; picture framing; locksmith shops; tanning salons; laundromats (self-service laundries); laundry and dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; garment pressing, repair and alterations; rug cleaning and repair; tailor and dressmaking shops; clothing and costume rental; photocopying; travel agencies; dating and escort services. These uses may also include accessory retail sales of products related to the services provided.
“Personal structure” means a structure such as a sculpture that generally requires no building permit and is either a landscape element or a functional element for use by the person who owns the land on which the structure is placed.
“Pier” means a platform located above the water surface and integrally attached to pilings, allowing no vertical movement.
“Pipelines and transmission lines” means transportation facilities for the conveyance of: Crude petroleum; refined petroleum products such as gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Power transmission includes facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (classified under “offices”), distribution substations (classified under “public utility facilities”), or power plants. (SIC: Groups 461, 491.)
“Planned development” means a development project that has been granted flexible development standards that differ from those of the underlying district, subject to the permit process and findings described in SMC 10.28.060.
“Primary dwelling unit” means a dwelling unit to which the accessory dwelling unit is accessory.
“Primary dwelling unit parcel” means a single parcel on which the primary dwelling unit is situated.
“Printing and publishing” means establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) copying and other “quick printing” services; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This group also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices. (SIC: Group 27.)
“Private clubs or recreation facilities” means permanent noncommercial meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for civic, social and fraternal organizations (not including lodging). Excludes headquarters-type facilities for business associations; professional membership organizations; labor unions and similar organizations; political organizations, and other membership organizations that are defined as “offices.”
“Property lines” means the recorded boundaries of a lot of record, as follows:
1. “Front property line” means the line separating the parcel from the street. In case a lot abuts on more than one street, the parcel owner may elect any street parcel line as the front parcel line; provided, that such choice in the opinion of the Community Development Director will not be injurious to adjacent properties.
2. “Rear property line” means, ordinarily, that line of a parcel that is opposite and most distant from the front line of the parcel. In the case of a triangular or gore-shaped parcel, a line 10 feet in length within the parcel parallel to and at a maximum distance from the front parcel line shall be deemed to be the rear parcel line for the purpose of determining the depth of rear yard.
3. “Side property lines” are recorded lot boundaries that are neither front nor rear property lines, which extend between front and rear property lines. On a corner lot, there will be one side parcel line and one rear property line.
“Public safety facilities” means facilities operated by public agencies including fire stations, fire prevention and fire fighting facilities, and police stations, including interim incarceration facilities.
“Public utility” means a company regulated by the California Public Utilities Commission or a governmental or quasi-governmental entity with an elected governing body which provides utility services.
Public Utility Facilities, Major. These uses include any of the following facilities that are not exempted from land use permit requirements by California Government Code Section 53091: Public water system wells, treatment plants and storage; and community wastewater treatment plants, settling ponds and disposal fields.
“Public utility facilities, minor” means fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages; electrical substations and switching stations; telephone switching facilities; and natural gas regulating and distribution facilities. These uses do not include offices or customer service centers (classified in “offices”).
“Publisher” means a person or business whose business is publishing (making a form of media publicly known).
Reconstruction. See “replication.”
“Recreation and fitness centers” means indoor establishments providing amusement, entertainment, or physical fitness services for a fee or admission charge, such as: Arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary use of the site); card rooms and billiard and pool halls; dance halls, clubs and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; fitness centers, gymnasiums, and health and athletic clubs including indoor sauna, spa or hot tub facilities; tennis, handball, racquetball, indoor archery and shooting ranges and other indoor sports activities.
“Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational or emergency occupancy with a living area of 320 square feet or less, and bearing the State or Federal insignia of approval for recreational vehicles.
“Recyclable material” means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code or its successor.
“Recycling collection station” means a center for acceptance by donation, redemption, or purchase of recyclable materials from the public. Includes temporary accumulation and storage of recyclable materials for later transportation to processing facilities. Includes sites for implementing the California Beverage Container Recycling Act (AB 2020), which may involve reverse vending machines, mobile collection units, and other attended and unattended collection facilities. Does not include automobile wrecking yards or any recycling processing facilities. Does not include temporary storage of toxic or hazardous waste materials. See SMC 10.44.200 (Recycling collection stations) for specific use requirements applicable to recycling collection stations.
“Religious institutions” means religious organization facilities operated for worship or promotion of religious activities, including churches and religious Sunday-type schools; and accessory uses on the same site, such as living quarters for ministers and staff, child day care facilities where authorized by the same type of land use permit required for the church itself, and parish houses. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (such as recreational camps) are classified according to their respective activities.
Remodel, Substantial. As used in Chapter 10.62 SMC, a substantial remodel is any exterior remodel that does not classify as a “replication.”
“Repair and maintenance – accessory to sales” means the repair of vehicles, equipment or other products on the same site as the retail sales of such vehicles, equipment or other products as a service to purchasers, that is incidental and accessory to the sales operation.
“Repair and maintenance – consumer products” means service establishments where repair of consumer products is the principal business activity, including: Electrical repair shops; television and radio and other appliance repair; watch, clock and jewelry repair; reupholstery and furniture repair, and bicycle repair. Does not include shoe repair (included under “personal services”). Does not include repair or services incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, which are included under “business support services.” (SIC: Group 76.)
“Repair and maintenance – vehicle” means the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. Does not include: Automobile parking (see “vehicle storage”), service stations, which are separately defined; or automobile wrecking yards. (SIC: Groups 751, 753, 754.)
“Replication” means replacement of a demolished structure which replicates the original architectural design, bulk, materials, and arrangement of doors, windows, roof lines, and significant architectural features of the demolished structure as much as possible, as determined by the Community Development Director. Exact replication may not be possible due to the unavailability of matching materials and/or the necessity to meet current Building Code requirements.
“Required off-street parking areas” means and refers to areas of the City where the street width to which a parcel is accessed from is less than 16 feet, reflecting the areas in the City where the impact of on-street accessory dwelling unit parking would cause a significant impact on traffic flow, and threaten the public safety and welfare by impeding fire and emergency access due to factors such as substandard street widths. Street widths shall be determined using data in the City’s pavement management system.
“Residential accessory uses” includes any use that is customarily part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. Such uses include accessory structures such as swimming pools, spas and hot tubs, workshops, studios, greenhouses, garages, solar panels, propane tanks, and similar equipment. Includes home receiving antennas for earth-based TV and radio broadcasts. The storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property is included under the definition of “storage, accessory.” See SMC 10.44.020 (Accessory uses and structures) for specific use requirements applicable to residential accessory uses.
“Residential care homes” means facilities providing residential social and personal care for children, the elderly, and people with some limits on their ability for self-care, but where medical care is not a major element. Includes: Children’s homes; halfway houses; orphanages; rehabilitation centers; self-help group homes. (SIC: Group 836.)
“Residential density bonus” means an increase in density (number of dwelling units allowed per acre or parcel), above that normally allowed by the applicable zoning district, in exchange for a public benefit (e.g., provision of affordable housing or senior housing). See SMC 10.40.130 (Residential density bonuses and incentives).
“Residential occupancy” means occupancy of residential structures or dwelling units for a permanent period of 30 days or greater.
“Restaurants” means restaurants and other establishments selling prepared foods for on-premises consumption, as well as facilities for dancing and other entertainment that are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Includes catering services incidental to food preparation for on-site consumption. This category does not include establishments that primarily serve alcohol that are defined separately as drinking establishments. See SMC 10.44.210 (Restaurants) for specific use requirements applicable to restaurants and SMC 10.44.220 (Restaurants – Outdoor dining areas) for specific use requirements applicable to restaurants with outdoor eating areas. (SIC: Group 58.)
“Retail stores, general merchandise” means retail trade establishments selling many lines of new merchandise directly to the ultimate consumer. Such types of stores and lines of merchandise include but are not limited to:
1. Antique stores.
2. Artists’ supplies.
3. Auto parts (not repair or machine shops).
4. Bakeries, provided no on-site seating is provided.
5. Bicycle sales and repair.
6. Books and rental libraries.
7. Candy stores, provided not visitor serving.
8. Cameras and photographic supplies.
9. Clothing and accessories.
10. Department stores.
11. Drug stores.
12. Electronic equipment.
13. Fabrics and sewing supplies.
14. Florists and houseplant stores.
15. General stores.
16. Handcrafted items (stores may include crafting operations subordinate to sales).
17. Hardware.
18. Hobby materials.
19. Household accessories.
20. Luggage and leather goods.
21. Medical supplies.
22. Music stores (CDs, tapes, records).
23. Musical instruments, parts and accessories.
24. Newsstands.
25. Office supplies.
26. Pet supplies.
27. Religious goods.
28. Shoes.
29. Small wares.
30. Software.
31. Sporting goods and equipment.
32. Stationery.
33. Toys and games.
34. Video sales and rentals.
“Reverse vending machine(s)” means an automated mechanical device which accepts at least one or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or redeemable credit slip with a value not less than the container’s redemption value as determined by the State.
“Rooming or boarding house” means a building containing a single dwelling unit and not less than two bedrooms where lodging is provided for compensation with or without meals.
“Satellite dish antenna” means an antenna and appurtenant equipment for the purpose of receiving communication or other signals from orbiting satellites or extra-terrestrial sources by a single site. Community receiving and/or transmitting antennas are included under the definition of “antennas, communications facilities.”
“Schools – elementary” means elementary and junior high schools serving grades one through eight, including denominational and sectarian, attendance at which satisfies the compulsory education laws of the State of California. Kindergartens are also included. Preschools and child day care are included under the definitions of child day care centers and family care homes. (SIC: Group 821.)
“Schools – specialized education and training” means business schools, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree-granting schools such as: Music schools; dramatic schools; language schools; driver education schools; sailing schools; ballet and other dance studios; seminaries and other establishments exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). (SIC: Groups 834, 829.)
“Search ring” means a geographic area identified by the communications service provider as necessary to locate a wireless facility within to enhance or expand service.
“Secondhand stores” or “thrift stores” means indoor retail establishments that buy and sell used products, including but not limited to books, clothing, furniture and household goods.
“Senior housing projects” means multifamily residential projects where occupancy is limited to people of 55 years or older (except in the case of double occupancy of a unit where only one resident need be 55 or older) and no persons under 18 years of age are permitted as residents. Senior housing projects include senior independent living centers (referred to as SILCs) and senior apartments, as follows:
1. “Senior Independent Living Centers (SILCs)” means a senior housing project that consists of, but is not limited to, individual apartment units, community dining centers, and common recreation areas. The facilities must be physically accessible to elderly citizens, and the project is intended to provide a comfortable standard of living for its residents.
2. “Senior apartments” means a senior housing project designed to meet the needs of citizens of 55 years of age or older. The dwelling units are independent and self-contained, and easily accessible to elderly citizens.
See SMC 10.44.120 (Senior housing projects) for specific use requirements applicable to senior housing projects.
“Service stations” means retail establishments selling gasoline, which may also provide lubrication, oil change and tune-up services and the sale of automotive products incidental to gasoline sales. May also include accessory towing, mechanical repair services and trailer rental, and the accessory sales of food, gifts, etc., but does not include storage of wrecked or abandoned vehicles, paint spraying, body and fender work. The sale of alcoholic beverages is not permitted. See SMC 10.44.260 (Service stations) for specific use requirements applicable to service stations. (SIC: Group 554.)
“Setback” means an area on a lot where no buildings, structures, or additions may be located, and which thereby becomes a yard area.
“Setback, rear” means an area formed by a line parallel to the rear property line.
“Setback, side” means an area formed by a line parallel to the side property lines of a lot (property lines that are neither front nor rear property lines), that extends between front and rear setback areas. Side setbacks are measured at right angles to the side property lines.
“Shared-location” means, in Chapter 10.45 SMC, two or more wireless communications facility structures used to support multiple antennas operated by the same or different carriers where such structures are located on the same parcel or within 300 feet of one another.
“Sign.” See SMC 10.42.030 for definitions of various types of signs.
“Single-family dwelling” means a building designed for and/or occupied exclusively by one household. Also includes factory-built housing (modular housing), manufactured housing (mobile homes), and the rental of bedrooms within a single-family dwelling to no more than two boarders or renters. More than two boarders or renters constitute a boarding house that is included within the definition of “multiple-family dwelling.”
“Single room occupancy housing (SRO)” refers to a residential facility where individual secure rooms are rented to a one or two person household. Rooms are generally 150 to 375 square feet in size and include a sink, closet and toilet, with shower and kitchen facilities typically shared. SRO units are rented to tenants on a weekly or monthly basis.
Special Interest Vehicle. See “vehicle, special interest.”
“Stealth” means any telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and telecommunications towers designed to look other than like a tower such as light poles, power poles, and trees. The term “stealth” does not necessarily exclude the use of uncamouflaged lattice, guyed, or monopole tower designs.
“Stock cooperative” is defined as set forth in California Business and Professions Code Section 11003.2. Stock cooperatives shall be subject to the same restrictions and conditions as condominiums.
“Storage, accessory” means the indoor or outdoor storage of various materials on the same site as a principal building or land use that is other than storage, which supports the activities or conduct of the principal use. Includes the storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. See SMC 10.44.050 for specific use requirements applicable to accessory storage.
“Storage, mini-storage facilities” means individual locker storage facilities (frequently with some accessory outdoor vehicle/boat storage) primarily for the benefit of residential or small business users in which are kept household items, business records, vehicles, recreational equipment, etc.
“Storage yards” are service establishments primarily engaged in the outdoor storage of containers, motor vehicles, construction equipment, materials or supplies, machinery or industrial supplies on a lot or portion of a lot greater than 300 square feet in area.
“Store” or “grocery store” means a store selling food for home preparation and consumption, including retail bakeries, delis and catering services that are subordinate to on-site food sales. (SIC: Groups 54, 592.)
“Store, liquor” means a store selling packaged alcoholic beverages for consumption off the premises.
“Street” means a right-of-way, easement or prescriptive right-of-way dedicated to, and under the authority of, the City of Sausalito; a State highway; a private road, easement, or prescriptive right-of-way; and which is customarily used for automobile travel and for providing vehicular access to abutting property.
“Structure” means anything constructed or erected on the ground, the use of which requires attachment to the ground, or over 120 square feet in area or over six feet in height, or any structure that requires a building permit, including any building, but not including fences or walls six feet or less in height, or concrete flat work such as driveways, patios or planters less than 12 inches in height. Includes permanent tents.
“Supportive housing” means permanent affordable housing with no limit on length of stay that is occupied by the target population as defined in the Health and Safety Code Section 53260(d), and that is linked to on- or off-site 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. (Health and Safety Code Section 50675.14(b))
“Swimming pool” means any constructed or prefabricated pool used for swimming or bathing, 24 inches or more in depth.
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Temporary outdoor retail sales” means temporary retail operations which are not associated with permanent retail shops including: Farmers’ markets; sidewalk sales; seasonal sales of Christmas trees, pumpkins or other seasonal items; semi-annual sales of art or handcrafted items in conjunction with community festivals or art shows. Includes flea markets and swap meets. See SMC 10.44.300 (Temporary outdoor retail sales) for specific use requirements applicable to temporary outdoor retail sales.
“Temporary uses and events” means any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include but are not limited to elections, art shows, circuses, outdoor festivals and concerts. See SMC 10.44.310 (Temporary uses and events) for specific use requirements applicable to temporary uses and events.
“Tent” means any enclosed structure or shelter fabricated entirely, or in major part, of cloth, canvas, or similar flexible material.
“Theaters and meeting halls” means indoor facilities for public assembly and group entertainment, other than sporting events, such as: Public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for “live” theater and concerts; motion picture theaters; meeting halls for rent and similar public assembly uses.
“Transient occupancy” means occupancy of residential structures, hotel rooms, or dwelling units on a temporary period of less than 30 days.
“Transit stations and terminals” means passenger stations for vehicular and ferry mass transit systems. Includes buses, taxis, and ferries. (SIC: Group 41.)
“Transitional housing and transitional housing development” means buildings configured as rental housing developments, but 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. (Health and Safety Code Section 50675.2(h)). The housing may take several forms such as group housing and multi-family units and may include supportive services to allow individuals to gain necessary life skills in support of independent living.
“Triplex” means a single residential building containing three dwelling units.
“Use” means the purpose for which land or a structure is arranged, designed or intended, or for which either land or a structure is or may be occupied or maintained.
“Use, conditional” means a land use that is identified as allowed, subject to minor use or conditional use permit approval in a particular zoning district by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations).
“Use, nonconforming” means a use of land that was lawfully established, but that is no longer identified as an allowable use by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) and which does not conform to the regulation for the zoning district in which it is located, as set forth in this title.
“Use, permitted” means a land use that is allowed by Chapters 10.20 through 10.28 SMC (Zoning Districts Regulations) without a use permit, subject to compliance with all applicable provisions of this title, and subject to obtaining any building or other permits required by the Sausalito Municipal Code. Permitted uses require a zoning permit.
“Use, principal or main” means the primary purpose for which a building, structure or lot is designed, arranged or intended, or for which they may be used, occupied or maintained under this title.
“Vehicle, inoperable” means any car, boat or commercial vehicle that is not currently registered and/or is not operable and clearly cannot be readily made operable, because of damage, missing parts or any other condition that precludes its use. In the case of a sailboat, all sails must be in place and operable to be considered an operable vehicle. Such vehicles shall be considered operable if they are in a condition to be currently registered and capable of driving on a public roadway.
“Vehicle storage” means service establishments in the business of storing operative cars, buses and other motor vehicles for clients. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a principal use. (All principal uses are considered to include any customer or public use off-street parking required by SMC 10.40.110, Parking space requirements by land use.) Includes sites where vehicles are stored for rental or leasing. Does not include wrecking yards. Does not include the storage of operative vehicles accessory to or used by another use, which is included under “storage, accessory.” (SIC: Group 752.)
“Very low income household” means a household whose gross annual income does not exceed 50 percent of the Marin County median income adjusted for family size as set forth from time to time by regulation of the California Department of Housing and Community Development, pursuant to California Health and Safety Code Section 50105.
“View” means, for the purposes of this title, any view of the Sausalito Waterfront, San Francisco Bay, Mt. Tam, Strawberry Point, Tiburon, Belvedere, Angel Island, East Bay, and/or the City of San Francisco or any view greater than 300 feet distance and/or including significant aesthetic, cultural, natural, or historical features. The term “view” does not mean an unobstructed panorama of all or any of the above.
“View, primary” means any view distance from primary viewing areas of a dwelling such as the living room, dining room, kitchen, master bedroom, and deck or patio spaces serving such living areas. A secondary view shall be any view from bathrooms, accessory bedrooms, passageways and utility areas.
“View, public” means any view from a public right-of-way, including from a public road, street, sidewalk, pedestrian lane or stair, trail, or pathway.
“View shed” means the area within view from a defined observation point.
Visitor Serving Stores. The following uses are defined as visitor serving and are subject to the requirements of SMC 10.44.230 (Visitor serving stores in the CC district and art galleries in the CR district):
1. Apparel stores which inventory and sell tee shirts, fleece wear, baseball caps, and other similar apparel.
2. Art dealers including any store that engages in retail sales of art objects, including but not limited to paintings, graphic arts, sculpture or glass but excluding any art dealer primarily engaged in the sale of original art objects.
3. Camera stores.
4. Candy stores.
5. Eating places selling frozen dessert products including any eating place that sells as a primary product dessert products made of ice cream, frozen yogurt, freezes, ices, gelato and frozen custard.
6. Gift, novelty and souvenir stores engaged in the sale of any or a combination of the following: Balloons, curios, novelties, postcards, souvenirs or any items bearing local place names.
7. Jewelry stores primarily engaged in the sale of costume jewelry.
8. Miscellaneous amusements including astrologers, palm readers, phrenologists, and fortunetellers.
9. Miscellaneous personal services including spas, health clubs, steam baths, tattoo parlors and Turkish baths.
10. Photo supply stores.
11. Photofinishing laboratories.
*“Warehousing” means facilities for the storage of furniture, household goods, or other commercial goods of any nature for later distribution to wholesalers and retailers. Includes cold storage. Also includes warehouse, storage or mini-storage facilities offered for rent or lease to the general public. Does not include warehouse facilities where the primary purpose of storage is for goods for wholesaling and distribution.
“Watercourse” means the normal channel or limits of an intermittent or perennial stream, or other body of water that collects, concentrates or transports water or storm water to creeks, wetlands or water bodies.
“Wholesaling and distribution” means establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: Merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of agricultural or fishery products; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment; bottling works. (SIC: Groups 50, 511 – 516, 517, 518, 519.)
“Wireless communications facilities” means a land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures, and the land on which they are situated. Those facilities defined as personal wireless facilities under Section 704 of the Telecommunications Act of 1996 and those facilities considered by the Wireless Telecommunications Bureau (WTB) of Federal Communications Commission. Does not include:
1. Home television and radio receiving antennas, which are included under “residential accessory uses.”
2. Telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections, which are included under “pipelines and transmission lines.”
“Zoning map” means a map of the City of Sausalito, adopted by the City Council of Sausalito, which identifies the zoning districts throughout the City. [Ord. 1281 §§ 5, 6, 7, 2020; Ord. 1268 § 3, 2019; Ord. 1267 § 3, 2019; Ord. 1251 § 1 (Att. 1), 2018; Ord. 1223 § 6, 2014; Ord. 1221 § 2, 2014; Ord. 1220 § 2, 2014; Ord. 1209 §§ 4, 5, 2012; Ord. 1205 §§ 49, 50, 2012; Ord. 1194 § 5, 2009; Ord. 1185 § 4, 2007; Ord. 1167 § 2, 2003.]
* Definition also in the marinship specific plan.
Code reviser’s note: This definition specifically used in the context of SMC 10.40.130.