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
(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)
(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)
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)
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)
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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