Article 9. Specific Use Provisions1

Overview

This article includes special provisions for certain land use categories and activities. These regulations are in addition to other development standards and regulations in other parts of this code, such as Article 7 of this title (Site Planning and Development Standards). The intent of this article is to ensure that the uses regulated are compatible with the surrounding uses.

Chapter 23.901
RESIDENTIAL USES

Sections:

23.901.010    Purpose and applicability.

23.901.020    Caretaker housing.

23.901.030    Home occupations.

23.901.040    Live-work facility.

23.901.050    Mobile homes and mobile home parks.

23.901.060    Accessory dwelling units.

23.901.065    Junior accessory dwelling units.

23.901.070    Senior independent living facility.

23.901.080    Family day care (large).

23.901.090    Residential care home (large).

23.901.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by applying special design requirements, regulating activities within the use, and establishing special setback and other development standards.

B. Applicability. The regulations and standards contained in this chapter shall apply only to caretaker housing, home occupations, live-work facilities, mobile homes, mobile home parks, and second dwelling units as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with, the permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.010)].

23.901.020 Caretaker housing.

A. Purpose and Applicability. The regulations contained in this section shall apply to caretaker housing as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new caretaker housing shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as with other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.

B. Associated Use. One caretaker housing unit may be permitted in conjunction with an otherwise permitted nonresidential use on the same property. The caretaker unit must be associated with and directly support the nonresidential use of the property (e.g., night watchman or site superintendent for an industrial use).

C. Occupancy. Occupancy of the caretaker unit shall be limited to the caretaker or superintendent of the associated nonresidential use of the site and his or her household.

D. Design. The design of the caretaker unit shall be consistent and uniform with the design of the associated use. Temporary trailers as caretaker units may be permitted with issuance of a temporary use permit (see Chapter 23.116 RCMC, Temporary Use Permits) for a period of not more than six months as described in Chapter 23.922 RCMC (Temporary Uses). [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.020)].

23.901.030 Home occupations.

A. Purpose and Applicability. The regulations contained in this section shall apply to home occupations to ensure the compatibility of the home occupations with the principal residential uses in order to protect the integrity and character of neighborhoods.

B. Approval Process. A home occupation shall not be conducted prior to approval of zoning certification (see Chapter 23.113 RCMC, Zoning Certification).

C. Business License. A business license from the city is required for any home occupation.

D. Performance Standards. It is the intent of the following standards to reduce the impact of the home occupation to the degree that its effects on the neighborhood are undetectable from normal and usual residential activity. These standards shall be incorporated as conditions of the zoning clearance. Failure to comply with these standards will result in revocation of the home occupation permit and/or business license.

1. Number of Home Occupations. There is no limit on the number of home occupations at a residence; provided, that the performance standards identified in this section are met. All of the following standards are calculated and/or applied based on a single residence.

2. Employees. Off-site employees or partners are permitted as part of the home occupation so long as they do not report for work at the subject property.

3. Habitable Floor Area. The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

4. Off-Site Effects. There shall be no mechanical equipment or operation used which creates or makes dust, odor, vibration, or other effects detectable at the property line. Noise level at the property line shall not exceed 55 dBA and shall comply with the city’s noise ordinance (Chapter 6.68 RCMC). No process shall be used which is hazardous to public health, safety, morals, or welfare.

5. On-Site Sales. There shall be no products sold on the premises except artist’s originals or products individually made to order on the premises except as provided by the California Health and Safety Code for cottage food operators and except as specified in subsection (D)(7) of this section.

6. Products which are not artist’s originals or individually made to order may be constructed on site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.

7. Servicing and repair of firearms are permitted, subject to obtaining any state or federal license.

8. Display. There shall be no display of products produced by occupants of the dwelling which are visible in any manner from the outside of the dwelling unit.

9. Traffic/Vehicles. The use shall not generate pedestrian or vehicular traffic beyond that which is normal in a residential district nor in any case require the parking of more than two additional vehicles at the home at any one time. No motor vehicle that is used or kept on the premises in conjunction with the home occupation shall exceed two axles or a length of 20 feet.

10. Storage. There shall be no storage of material or supplies within view of a public right-of-way and storage shall not utilize a required parking space (e.g., within a required garage).

11. Exterior Appearance. There shall be no remodeling or construction of facilities especially for the home occupation which changes the external appearance of the neighborhood from a residential to a more commercial look when viewed from the front of the building.

12. Signs. Signs shall be allowed for the home occupation in accordance with Chapter 23.743 RCMC (Signs).

13. Visitors and Customers. Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including not more than one business visitor an hour and eight a day, during the hours of 8:00 a.m. to 7:00 p.m. (regardless of how many businesses operate out of the home).

14. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence and not more than one delivery of products or materials a week. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles except for FedEx-, UPS-, or USPS-type home pickups and deliveries.

15. Hazardous Materials. No storage of hazardous materials is permitted beyond normal household use. Businesses that require hazardous chemicals (e.g., pest control, pool cleaning, etc.) are not permitted as home occupations.

E. Limitations on Specific Home-Based Businesses.

1. Certified massage practitioners are permitted if the following criteria are met:

a. Only one client is on site at a time and by appointment only.

b. The use shall be conducted on a part-time basis.

c. The practitioner must submit proof of a certificate of training from a state-approved school (e.g., Department of Education, Office of Post Secondary Education).

d. The use will not be conducted in such a fashion as to constitute a public or a private nuisance.

2. Mobile food vendor vehicles cannot be parked at a private residence (see mobile food vendor limitation in RCMC 23.910.040).

3. Taxicab, limousine, or pedicab service shall not be on call and available for service; no vehicle shall be dispatched from the residence by radio, telephone, or other means, but may be parked at the residence when not in service.

4. Cottage food operations, as defined by and consistent with the requirements of the California Health and Safety Code, are limited to one full-time employee, not including a family member or household member of the cottage food operation.

F. Prohibited Home Occupations.

1. Alcohol beverage manufacturing or sales business;

2. Ambulance service;

3. Ammunition reloading, including custom reloading;

4. Boarding house, bed-and-breakfast hotel, timeshare condominium;

5. Carpentry, cabinet makers;

6. Ceramics (kiln of six cubic feet or more);

7. Firearms sales;

8. Health salons, gyms, dance studios, aerobic exercise studios;

9. Medical, dental, chiropractic, or veterinary clinics;

10. Mortician, hearse service;

11. Noncertified massage practitioners;

12. Palm reading, fortunetelling;

13. Private clubs;

14. Repair or reconditioning of boats or recreation vehicles;

15. Restaurants or taverns;

16. Retail sales from site (except direct distribution of artist’s originals, and as provided by the California Health and Safety Code for cottage food operations);

17. Storage, repair, or reconditioning of major household appliances;

18. Storage, repair, or reconditioning of motorized vehicles or large equipment on site;

19. Tattoo service;

20. Tow truck service;

21. Veterinary uses (including boarding);

22. Welding services;

23. Other uses the director determines to be similar to those above per RCMC 23.107.030 (Official interpretation). [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.030)].

23.901.040 Live-work facility.

A. Purpose and Applicability. The regulations contained in this section shall apply to live-work facilities as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new live-work facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply.

B. Limitations on Use. The nonresidential component of a live-work facility shall be a use allowed within the applicable base zoning district; however, the uses and activities described below shall be prohibited:

1. Any automobile and vehicle uses as listed in RCMC 23.1104.040 (Land use definitions).

2. Any special regulated uses as listed in RCMC 23.1104.040 (Land use definitions).

3. Any activity which involves:

a. Storage of flammable liquids or hazardous materials beyond those normally associated with a residential use;

b. Welding, machining, or any open flame work; and/or

c. Major manufacturing as defined in RCMC 23.1104.040 (Land use definitions).

4. Any other activity or use as determined by the director as incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.

C. Density. Live-work units shall comply with the density regulations of the applicable base zoning district.

D. Design Standards.

1. Floor Area Requirements. No more than 50 percent of the ground floor area shall be reserved for living space. Up to 100 percent of the ground floor area may be dedicated to working space.

2. Separation and Access. Each live-work unit shall be separated from other units and other uses in the structure. Access to each unit shall be provided from common access areas, corridors, or halls, and the access to each unit shall be clearly separate from other live-work facilities or other uses within the same structure.

3. Facilities to Accommodate Commercial or Industrial Activities. A live-work facility shall be designed to accommodate commercial or industrial uses, as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

4. Integration of Living and Working Space. The living space within the live-work facility shall be designed as an integral part of the unit and not with separate access from the work space, except that mezzanines and lofts may be used as living space subject to compliance with the other provisions of this section, and living and working space may be separated by interior courtyards or similar private space.

5. Parking. Each live-work facility shall comply with the parking standards of Chapter 23.719 RCMC (Parking and Loading).

E. Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit at any one time. Additional employment may be permitted through issuance of a limited use permit based on findings that the employment will not adversely affect traffic and parking conditions in the vicinity of the site.

F. Changes in Use. After approval, a live-work facility shall not be converted to entirely residential use, nor shall the ratio of living space to working space be changed, unless authorized through administrative use permit approval. As part of the approval of the administrative use permit, the designated approval authority must find that the exclusive residential use will not impair the ability of nonresidential uses on and adjacent to the site to continue operating because of potential health or safety concerns or nuisance complaints raised by the exclusively residential use and/or its occupants. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.040)].

23.901.050 Mobile homes and mobile home parks.

A. Purpose and Applicability. This section applies to new and existing mobile homes and mobile home parks within the city. The purpose of this chapter is to establish standards for the development, modification, and operation of mobile home parks.

B. Special Standards for Mobile Homes. Mobile homes outside of a mobile home park shall comply with the standards set forth for single-family homes in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards), as well as the following criteria:

1. A mobile home must be built on a permanent foundation as approved by the building department.

2. It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974.

3. The unit’s skirting must extend to the finished grade.

4. Exterior siding must be compatible with adjacent residential structures, and shiny and metallic finishes are prohibited.

C. Mobile Home Parks. Mobile home parks must be constructed and designed according to state law.

D. Management and Maintenance. Every mobile home park community shall be properly managed to ensure maintenance of common facilities and to ensure individual home sites are developed and maintained in accordance with recorded rules and regulations for the park. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.050)].

23.901.060 Accessory dwelling units.

A. Purpose and Applicability. This section applies to accessory dwelling units in the city. Accessory dwelling units are permitted by right in the agricultural, residential, and residential mixed-use zoning districts subject to the standards of this section. The purpose of this chapter is to regulate accessory dwelling units in residential zoning districts and on residential property consistent with state law (California Government Code Section 65852.150 et al.). Implementation of this section is intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

B. Development Standards. Pursuant to Government Code Section 65852.2, accessory dwelling units shall be permitted on agricultural, residential, and residential mixed-use parcels when the following conditions are met:

1. Accessory dwelling units shall only be located on lots with an area of 5,000 square feet or larger.

2. Accessory dwelling units shall be compatible with the architectural style, materials, and colors of the primary dwelling unit. The city may impose additional standards (such as parking, height, and setback standards) to ensure that accessory dwelling units shall not have adverse impacts on any real property that is listed in the California Register of Historical Resources.

3. No more than one accessory dwelling unit shall be allowed per parcel.

4. The property owner shall occupy either the primary unit or accessory dwelling unit. The property owner shall record a declaration acknowledging owner occupancy, recorded with the property as a condition of the administrative permit.

5. An accessory dwelling unit shall not exceed 1,200 square feet, excluding garage area. The floor area for attached accessory dwelling units shall not exceed 50 percent of the existing living area.

6. Building setbacks for accessory dwelling units shall comply with all required building setbacks for the primary unit.

7. The maximum height of a detached accessory dwelling unit shall not exceed the height of the primary dwelling unit.

8. No accessory dwelling unit may be sold separately from the primary dwelling unit.

9. Parking. See Chapter 23.719 BCMC (Parking and Loading).

10. No fire sprinklers shall be required in an accessory dwelling unit if fire sprinklers are not required for the primary residence.

11. A building permit application shall be ministerially approved for an accessory dwelling unit contained within the existing space of a single-family dwelling or accessory structure that has independent exterior access and the side and rear setbacks are sufficient for fire safety. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.060)].

23.901.065 Junior accessory dwelling units.

A. Purpose and Applicability. This section applies to junior accessory dwelling units, as defined in Chapter 23.1104 RCMC, in the city. Junior accessory dwelling units are permitted by right in single-family residential zoning districts subject to the standards of this section. The purpose of this chapter is to regulate junior accessory dwelling units in single-family residential zoning districts and on residential property consistent with state law (California Government Code Section 65852.22). Implementation of this section is intended to expand housing opportunities for low income and moderate income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

B. Limitations. Pursuant to Government Code Section 65852.22, only one junior accessory dwelling unit shall be permitted per residential lot zoned for single-family residences with a single-family residence already built on the lot.

C. Owner-Occupancy. The property owner shall occupy either the primary unit or junior accessory dwelling unit. The property owner shall record a declaration acknowledging owner occupancy, recorded with the property as a condition of the administrative permit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.

D. For parcels with a junior accessory dwelling unit, a deed restriction shall be recorded and run with the land that includes:

1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

2. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

E. Development Standards. Pursuant to Government Code Section 65852.22, junior accessory dwelling units shall be permitted on single-family residential parcels when the following conditions are met:

1. The junior accessory dwelling unit must be constructed within the existing walls of the primary structure, and must include an existing bedroom.

2. The junior accessory dwelling unit must include a separate entrance from the main entrance to the primary structure, with an interior entry to the main living area. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

3. The junior accessory dwelling unit must include an efficiency kitchen, which shall include all of the following:

a. A sink with a maximum waste line diameter of one and one-half inches.

b. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.

c. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

4. No additional parking may be required by the city as a condition to grant a permit for a junior accessory dwelling unit.

F. An application for a permit pursuant to this section shall, notwithstanding Government Code Section 65901 or 65906 or any city ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. A permit shall be issued within 120 days of submission of an application for a permit pursuant to this section. The city may charge a fee based on the costs incurred in connection with the issuance of a permit pursuant to this section.

G. For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit the city from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit, so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not.

H. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

I. This section shall not be construed to prohibit the city from adopting an ordinance or regulation related to parking or a service or a connection fee for water, sewer, or power that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit. [Ord. 4-2017 § 3 (Exh. B)].

23.901.070 Senior independent living facility.

A. Elevators shall be provided for all multi-story structures; or

B. A management program shall be in place to address the aging in place issue that is acceptable to the director. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.1.070)].

23.901.080 Family day care (large).

A. Plans shall be approved by the fire department prior to any approval and additional fire protection measures may be required.

B. City business license is required.

C. Any required play area cannot be contained within any front or side setbacks.

D. Use of converted garages for day care use is not permitted.

E. Minimum lot size of 5,000 square feet is required.

F. A large family day care is not permitted within 300 feet of another large family day care facility.

G. One additional off-street parking space is required for each employee. These spaces can be provided in a driveway and can have a tandem orientation. [Ord. 10-2018 § 3; Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].

23.901.090 Residential care home (large).

A. Plans shall be approved by the fire department prior to any approval and additional fire protection measures may be required.

B. City business license is required.

C. Minimum 1,000-foot separation is required between other residential care home facilities. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A)].


1

Code reviser’s note: Ordinance 13-2013 Exhibit B sets out all of Article 9 without intending to amend the entire article. Only sections intended to be amended by the ordinance cite the ordinance in the section’s legislative history.