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Fairfax Overview
Fairfax, CA Municipal Code of Ordinances
FAIRFAX, CALIFORNIA MUNICIPAL CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE 1: GENERAL PROVISIONS
TITLE 2: ADMINISTRATION AND PERSONNEL
TITLE 3: REVENUE AND FINANCE
TITLE 4: RESERVED
TITLE 5: BUSINESS TAXES, LICENSES AND REGULATIONS
TITLE 6: ANIMALS
TITLE 7: RESERVED
TITLE 8: HEALTH AND SAFETY
TITLE 9: PUBLIC PEACE, MORALS AND WELFARE
TITLE 10: VEHICLES AND TRAFFIC
TITLE 11: RESERVED
TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES
TITLE 13: PUBLIC SERVICES
TITLE 14: RESERVED
TITLE 15: BUILDINGS AND CONSTRUCTION
TITLE 16: SUBDIVISIONS
TITLE 17: ZONING
CHAPTER 17.004: GENERAL PROVISIONS
CHAPTER 17.008: DEFINITIONS
CHAPTER 17.010: RULES OF MEASUREMENT
CHAPTER 17.012: ZONE DISTRICTS ESTABLISHED
CHAPTER 17.016: NON-CONFORMING USES AND STRUCTURES
CHAPTER 17.020: DESIGN REVIEW REGULATIONS
CHAPTER 17.024: REQUIRED PERMITS
CHAPTER 17.026: MINISTERIAL APPROVALS FOR QUALIFYING HOUSING DEVELOPMENTS
CHAPTER 17.027: PROCEDURES FOR SB 330 APPLICATIONS FOR HOUSING DEVELOPMENTS
CHAPTER 17.028: VARIANCES
CHAPTER 17.032: USE PERMITS
CHAPTER 17.036: APPEALS AND DIRECTED REFERRALS
CHAPTER 17.040: GENERAL ZONE REGULATIONS
CHAPTER 17.044: EXCEPTIONS AND MODIFICATIONS
CHAPTER 17.048: RESIDENTIAL ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
CHAPTER 17.049: TWO-UNIT PROJECTS
CHAPTER 17.050: AFFORDABLE HOUSING DENSITY BONUS
CHAPTER 17.052: OFF-STREET PARKING AND LOADING REQUIREMENTS
CHAPTER 17.056: TRAFFIC IMPACT PERMIT
CHAPTER 17.060: RIDGELINE DEVELOPMENT
CHAPTER 17.064: SIGNS
CHAPTER 17.068: FLOODPLAINS
CHAPTER 17.072: HILL AREA RESIDENTIAL DEVELOPMENT OVERLAY ZONE
CHAPTER 17.076: RS-7.5 SINGLE-FAMILY RESIDENTIAL ZONE, MEDIUM DENSITY
CHAPTER 17.080: RS-6 SINGLE-FAMILY RESIDENTIAL ZONE, HIGH DENSITY
CHAPTER 17.084: RD 5.5-7 RESIDENTIAL ZONE, HIGH DENSITY
CHAPTER 17.088: RM MULTIPLE-FAMILY RESIDENTIAL ZONE
CHAPTER 17.090: RM-S MULTIPLE-FAMILY RESIDENTIAL - SENIOR - RESIDENTIAL ZONE
CHAPTER 17.092: CL LIMITED COMMERCIAL ZONE
CHAPTER 17.096: CH HIGHWAY COMMERCIAL ZONE
CHAPTER 17.100: CC CENTRAL COMMERCIAL ZONE
CHAPTER 17.104: CS CENTRAL COMMERCIAL ZONE
CHAPTER 17.108: CR COMMERCIAL RECREATION ZONE
CHAPTER 17.110: CANNABIS USES
CHAPTER 17.112: PDD PLANNED DEVELOPMENT DISTRICT ZONE
CHAPTER 17.116: SF-RMP SINGLE-FAMILY RESIDENTIAL MASTER PLANNED DISTRICT
CHAPTER 17.120: A AGRICULTURAL AND CONSERVATION DISTRICT
CHAPTER 17.124: UR UPLAND RESIDENTIAL ZONE
CHAPTER 17.126: WORKFORCE HOUSING OVERLAY ZONE
CHAPTER 17.128: O-A OPEN AREA ZONE
CHAPTER 17.130: PD PUBLIC DOMAIN ZONE
CHAPTER 17.132: WATER CONSERVATION
CHAPTER 17.136: FLOOR AREA
CHAPTER 17.138: REGULATIONS APPLYING IN MULTIPLE ZONING DISTRICTS
CHAPTER 17.140: AFFORDABLE HOUSING
TITLE 18: DEVELOPMENT AGREEMENTS
TITLE 19: TELECOMMUNICATIONS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 17.090: RM-S MULTIPLE-FAMILY RESIDENTIAL - SENIOR - RESIDENTIAL ZONE
Section
   17.090.010   Generally
   17.090.020   Principal permitted uses and structures
   17.090.030   Conditional uses and structures
   17.090.040   Accessory uses and structures
   17.090.050   Design review
   17.090.060   Building site requirements
   17.090.070   Height regulations
   17.090.080   Yards
   17.090.085   Driveway standards
   17.090.090   Signs
   17.090.100   Off-street parking
   17.090.110   Traffic impact permit
   17.090.120   Variances
   17.090.130   Additional regulations
   17.090.140   Severability
§ 17.090.010 GENERALLY.
   (A)   The RM-S residential zone is intended to create use and development standards for senior residential housing in a way that preserves and enhances its surroundings; recognizes the requirements of state and federal housing laws (including the Federal Fair Housing Act [42 U.S.C. §§ 3601-3631], the California Fair Employment and Housing Act [Cal. Gov't Code §§ 12900-12995], and the California Unruh Civil Rights Act [Cal. Civil Code §§ 51-53]); and to encourage the development of senior housing. No premises in the RM-S senior residential zone may be used for any purpose or in any manner, except as set forth in this chapter.
   (B)    All structures, physical improvements and modifications involving soil or drainage modifications that fall into any of the categories listed in § 17.072.020 are subject to the Hill Area Residential Development permit requirements.
(Ord. 808, passed 6-7-2017; Am. Ord. 845, passed 2-5-2020; Am. Ord. 885, passed 11-1-2023)
§ 17.090.020 PRINCIPAL PERMITTED USES AND STRUCTURES.
   (A)    Permitted uses in the RM-S zone are multiple dwellings and apartments for the exclusive use and occupancy of residents who can establish eligible occupancy, as defined herein, at a density of not more than ten dwelling units per acre, or as may otherwise be established in the Fairfax General Plan and this title for affordable housing density bonuses. Supportive housing and transitional housing also are allowed with a zoning permit, and no discretionary review is required, provided the standards of Chapter 17.138 are met.
   (B)   For purposes of this chapter, the following definitions shall apply:
      (1)   "Eligible occupancy" requires that the persons commencing any occupancy of a dwelling unit in the RM-S zone include a senior citizen who intends to reside in the unit as his or her primary residence on a permanent basis. The residency of any onsite staff shall comply with the state and federal laws identified in § 17.090.010 above.
      (2)   "Senior citizen" has the meaning set forth in Cal. Civil Code § 51.3(b)(1).
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.030 CONDITIONAL USES AND STRUCTURES.
    General residential care is allowed with approval of a conditional use permit, subject to the standards of Chapter 17.138. There shall be no other conditional uses or structures in the RM-S zone.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.040 ACCESSORY USES AND STRUCTURES.
   Accessory uses and structures in the RM-S zone are as follows:
   (A)   Cabanas, greenhouses, patios, lath houses, tool sheds, playhouses, barbecue pits, fences, walkways, hedges and similar improvements and appurtenances; and
   (B)   Private garages, parking spaces, swimming pools, shared community rooms and bicycle storage facilities for the exclusive use of the residents of the premises and their guests.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.050 DESIGN REVIEW.
   All structures, physical improvements and exterior modifications or building in the RM-S zone are subject to design review, unless specifically exempted in each instance by the Planning Commission or by other provisions of this chapter.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
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