Chapter 19.42 — RESIDENTIAL ZONES — Chico Zoning Code

19.42.010 Purpose, applicability. ¶

This chapter provides regulations applicable to development and new land uses in the residential zoning districts established by Section 19.40.010. The purposes of the individual residential zoning districts and the manner in which they are applied are as follows.

A. RS (Suburban Residential) District. The RS zoning district is applied to areas that remain predominantly rural or agricultural in character. Typical parcel sizes range from 20,000 square feet to 2 acres; clustered development with smaller parcel sizes may be allowed where average density does not exceed 2 units per acre. The RS zoning district is primarily intended to implement the Very Low Density residential land use designation of the General Plan. An RS zoning district may include specific minimum parcel size requirements for new subdivisions, expressed as a suffix to the RS zoning map symbol (for example, RS-2 and RS-1 mean 2-acre and 1-acre minimum lot areas, respectively; RS20 means 20,000 square foot minimum lot areas).

B. R1 (Low Density Residential) District. The R1 zoning district is applied to areas appropriate for traditional neighborhoods consisting of attached or detached single-family housing units. Permitted densities range from a minimum of 2.1 to a maximum of 7 units per acre. The R1 zoning district is primarily intended to implement the Low Density Residential land use designation of the General Plan.

An R1 zoning district may include specific minimum parcel size requirements for new subdivisions, expressed as a suffix to the R1 zoning map symbol (for example, R1-10 and R1-15 mean 10,000-square-foot and 15,000-square-foot minimum lot areas, respectively).

C. R2 (Medium Density Residential) District. The R2 zoning district is applied to areas appropriate for medium density residential development with a mixture of housing types, including single-family homes, duplexes, and multifamily residential projects. The development standards and permit requirements of the R2 district are intended to preserve existing neighborhoods while providing for additional compatible development. Permitted densities range from a minimum of 6 to a maximum of 14 units per acre. The R2 zoning district is primarily intended to implement the Medium Density Residential land use designation of the General Plan.

D. R3 (Medium-High Density Residential) District. The R3 zoning district is applied to areas appropriate for medium-high density residential neighborhoods. Permitted densities range from a minimum of 14.1 to a maximum of 22 units per acre. Multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of Area Median Income (AMI). The R3 zoning district is primarily intended to implement the Medium-High Density Residential land use designation of the General Plan.

a maximum of 22 units per acre. Multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of Area Median Income (AMI). The R3 zoning district is primarily intended to implement the Medium-High Density Residential land use designation of the General Plan.

E. R4 (High Density Residential) District. The R4 zoning district is applied to parcels appropriate for high density residential living. Permitted densities range from a minimum of 20 to a maximum of 70 units per acre. The R4 zoning district is primarily intended to implement the High Density Residential land use designation of the General Plan. F. RMU (Residential Mixed Use) District. The RMU district is characterized by predominantly residential development at medium to high densities. It allows for commercial or office uses on the same property as residential uses, either vertically or horizontally. It does not preclude development that is entirely residential or entirely commercial. Other primary uses, including certain commercial uses, may be allowed by right or with approval of a use permit in compliance with Table 4-2. The RMU zoning district is primarily intended to implement the Residential Mixed Use designation of the General Plan. Permitted densities range from a minimum of 10 to a maximum of 20

units per acre. Multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to low-income households at or below 80% of AMI.

(Ord. 2185; Ord. 2320 §2; Ord. 2378; Ord. 2427 §12, Ord. 2494 §19; Ord. 2600)

19.42.020 Residential zone land uses and permit requirements. ¶

Table 4-2 identifies the uses of land allowed by these Regulations in each residential zoning district, and the land use entitlement required to establish the use.

Where the last column of the table (“Subject to Standards in Section/Chapter”) includes a section or chapter number, the regulations in the referenced section/chapter apply to the use. Provisions in other sections/chapters may apply as well.

(Ord. 2185; Ord. 2223; Ord. 2232; Ord. 2280; Ord. 2342; Ord. 2397 §6; Ord. 2427 §13 )

TABLE 4-2 - ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS

DISTRICTS
LAND USE(1)		PERMIT REQUIREMENT FOR ZONE					Subject to Standards in Section/ Chapter:
	RS	R1	R2	R3	R4	RMU

LAND USE(1)		PERMIT REQUIREMENT FOR ZONE					Subject to Standards in Section/ Chapter:
	RS	R1	R2	R3	R4	RMU
AGRICULTURAL, RESOURCE, & OPEN SPACE USES
Animal keeping (Large Animals)	P	UP					19.76.040
Animal keeping (Small Animals)	P	P	P				19.76.040
Crop production, commercial	P(2)
Equestrian facilities	UP
Greenhouses, commercial	UP(2)
Plant nurseries	UP
Community Gardens	P	P	P	P	P	P	19.76.190
RECREATION, EDUCATION, & PUBLIC ASSEMBLY USES
Churches/places of worship	UP	UP	UP	UP	UP	UP
Community centers/pavilions	UP	UP	UP	UP	UP	UP
Golf courses, country clubs	UP	UP	UP
Health/fitness clubs				UP	UP	UP
Private residential recreational facilities	P	P	P	P	P	P
Recreational vehicle (RV) parks				UP	UP

Schools - Public and private	UP	UP	UP	UP	UP	UP
---	---	---	---	---	---	---	---
Schools - Specialized education and training	UP	UP	UP	UP	UP	UP
Theaters, auditoriums and meeting halls						UP
RESIDENTIAL USES
Assisted living facilities for the elderly	UP	UP	UP	UP	UP
Dormitory				UP	UP	UP
Fraternity/sorority housing				P	P	P	19.52.090
Guest house	P	P				P	19.76.100
Home occupations	P	P	P	P	P	P	19.20
Household pets	P	P	P	P	P	P	19.76.040
Live/work						P
Low barrier navigation center						P	19.76.080
Mobile home parks		UP(3)	UP(3)	UP(3)
Mobile homes/manufactured homes	P	P	P	P	P	P	19.76.110
Multi-family housing			P	P	P	P
Residential accessory uses and structures	P	P	P	P	P	P	19.76.020
Residential care homes, 6 or fewer clients	P	P	P	P	P	P
Residential care homes, 7 or more clients	UP	UP	UP
Accessory dwelling unit	P(4)	P(4)	P(4)	P(4)	P(4)	P(4)	19.76.130
Senior citizen congregate care housing		UP	UP	P	P	P
Single-family housing	P	P	P(3)	P(3)		P(3)
Single-room occupancy (SRO) housing			P	P		P	19.76.140
Supportive housing	P	P	P	P	P	P
Temporary dwellings	TU	TU	TU	TU	TU	TU
Temporary emergency shelters	P	P	P	P	P	P	19.22
Transitional housing	P	P	P	P	P	P
Two-family housing/duplexes		P/UP(3)	P	P	P	P

Two-unit housing development	P(5)	P(5)					19.76.220
---	---	---	---	---	---	---	---
RETAIL TRADE USES
Accessory retail uses						P
Alcoholic beverage establishments						UP (6)
Art, antiques, collectibles, gifts						P
Drug stores/pharmacies, 4,000 sq.ft. or less						P (6)
Drug stores/pharmacies, 2,500 sq.ft. or less	UP	UP	UP	UP	UP	P (6)
Furniture, furnishings, and equipment stores						UP
Grocery stores, 4,000 sq.ft. or less						P (6)
Grocery stores, less than 2,500 sq.ft.	UP	UP	UP	UP	UP	P (6)
Liquor stores						UP (6)
Pet shops						UP
Restaurants, 2,500 sq.ft. or less						P (6)
Restaurants, more than 2,500 sq.ft.						UP (6)
Retail stores, 2,500 sq.ft. or less						P (6)
Retail stores, more than 2,500 sq.ft.						UP (6)
Secondhand stores, less than 2,500 sq.ft.						P
SERVICES
Automated teller machines (ATMs)						P
Banks and financial services, 4,000 sq.ft. or less						P
Bed and breakfast inns, 1 to 5 guest rooms	UP	UP	UP	UP	UP	UP	19.76.050
Catering services						UP
Community social services						UP
Day care facilities, child/adult day care centers	UP	UP	UP	UP	UP	UP

Day care facilities, large family day care homes	P	P	P	P	P	P	19.76.060
---	---	---	---	---	---	---	---
Day care facilities, small family day care homes	P	P	P	P	P	P
Mortuary/funeral home						UP
Offices, accessory to primary use						P
Offices, business and professional						P
Personal services, 2,500 sq.ft. or less						P (6)
Printing and publishing - computer/electronic						UP
Public utility or safety facilities	UP	UP	UP	UP	UP	UP
Storage, accessory to residential project	UP	UP	UP	UP	UP	UP
Storage, located on second floor or above						P
Storage, personal storage facility	UP	UP	UP	UP	UP	UP
TRANSPORTATION & COMMUNICATION USES
Alternative fuel/recharging facilities				UP	UP	UP
Parking facilities/vehicle storage						UP
Transit stations and terminals						UP


---	---	---
KEY TO PERMIT REQUIREMENTS
Symbol	Permit Requirement	Procedure is in Section/Chapter:
P	Permitted use, zoning clearance required.	19.16.070
UP	Conditional use, use permit required.	19.24
TU	Temporary use.	19.22
	Use not allowed. (See Section 19.02.020(E) regarding uses not listed.)

Notes:

(1) See Chapter 19.04 for definitions of the listed land uses.
(2) Use allowed only on a site of 1 acre or larger.
(3) Allowed only within density requirements of General Plan Designation.
(4) Accessory dwelling units shall comply with all applicable development standards set forth in 19.76.130.
(5) Development of up to two units may be allowed on property zoned RS or R1, subject to the standards and requirements established in CMC Section 19.76.220.
(6) Businesses which operate between the hours of 10PM and 6AM or allow amplified music within 300 feet of a residential district require use permit approval.
(Ord. 2440 §23, Ord. 2461 §2, Ord. 2494, §20, Ord. 2511, §9, Ord. 2519, §15; Ord. 2549, §5; Ord. 2580, §8; Ord. 2600; Ord. 2610)

19.42.030 Residential zone general development standards. ¶

The requirements in Tables 4-3A, 4-3B and 4-3C shall apply to new land uses and structures, and alterations to existing land uses and structures, in addition to any applicable development standards (such as landscaping, parking and loading) in Division V.

(Ord. 2185; Ord. 2223; Ord. 2243; Ord. 2263; Ord. 2378, Ord. 2427 §14, Ord. 2511, §10)

TABLE 4-3A

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

Development Feature	Requirement by Zoning DIstrict
	RS

Development Feature	Requirement by Zoning DIstrict
	RS
Minimum Lot Size Minimum area Minimum width at front setback line	Determined by Section 19.42.040(A) (Minimum lot area and density).
	80 ft. in RS-20; 100 ft. elsewhere. See the subdivision regulations for cul-de-sac lots.
Residential Density	0.2 to 2 units per acre for subdivisions. One single-family unit per lot, and up to one detached ADU and one JADU in compliance with Section 19.76.130; or, a two-family housing/duplex use in compliance with Section 19.76.220.
Setbacks Required Front Sides (each) Street side Rear Accessory structures	20 ft.
	10 ft. in RS-20; 20 ft. elsewhere.
	20 ft. in RS-20; 30 ft. elsewhere
	See Section 19.76.020 (accessory uses and structures)
Site Coverage (1)	40%
Height Limits	35 ft. for housing units; 15 ft. for accessory structures; 25 ft. for accessory structures, with use permit approval;

15 feet for detached garages; 25 ft. for garages with an ADU above; 25 ft. for garages without an ADU above, with administrative use permit approval.

Notes:

(1) Maximum percentage of site area that may be covered with structures (see the definition of site coverage in Chapter 19.04).

TABLE 4-3B

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

Development Feature	Requirement by Zoning District	Requirement by Zoning District
	R1		R2

Development Feature	Requirement by Zoning District
	R1		R2
Minimum Lot Size Minimum Area		Interior lots:4,500 sq.ft., or as determined by Section 19.42.040 -A. Corner lots:5,500 sq.ft., or as determined by Section 19.42.040 -A. Small lot subdivisions:3,500 to 4,499 sq.ft., in compliance with Section 19.76.150 . Parcels smaller than 3,500 sq.ft. may be created through PD permit approval (Chapter 19.28) or an urban lot split (Section 19.76.220).		Interior lots:4,000 sq.ft.; 3,960 sq.ft. with parkways. Corner lots:4,400 sq.ft.; 4,250 sq.ft. with parkways.
Minimum width at front setback line		For R1: 45 ft., interior lots; 50 ft., corner lots. For R1-10 & R1-15: 70 ft. interior lots; 75 ft. corner lots. See Title 18R , Design Criteria and Improvement Standards, for cul-de-sac lots. Lesser width is required for lots created by an urban lot split (Section 19.76.220 ).		40 ft. interior lots, 48 ft. corner lots.
Residential Density (affordable housing projects, refer to (2))		2.1 minimum, 7 units maximum per acre for subdivisions. One single-family unit, JADU, and detached ADU per lot in compliance with Section 19.76.130; or, a two-family housing/duplex use in compliance with Section 19.76.220.		6 to 14 units per acre
Setbacks Required Front		Lots of 4,500 sq.ft. or more:15 ft. for main buildings and 20 ft. for garages/carports. Lots of 3,500-4,499 sq.ft.:See Section 19.76.150 (Small-lot subdivisions). Lots less than 3,500 sq.ft.: See Section 19.76.220 (Urban Lot Split).		10 ft. for main buildings; 20 ft. for garages/carports unless the garage is accessed from a side entrance which does not result in vehicles blocking the public right-of-way and is approved by the Director. None required for condominiums,

			townhouses, and similar housing types.
---	---	---	---
Sides (each)		4 ft.; 10 ft. for R1-10 and R1-15	4 ft.; plus 5 ft. additional for each story over the first where the setback abuts an RS or R1 district.
Street side		10 ft. for main buildings; 20 ft. for garages/carports; 9 ft. for main buildings on lots with parkways.	10 ft. for main buildings; 20 ft. for garages/carports.
Rear		15 ft. for main buildings. Lots of 3,500-4,499 sq.ft.:See Section 19.76.150 (Small-lot subdivisions). Lots less than 3,500 sq.ft.: See Section 19.76.220 (Urban Lot Split).	15 ft. for main buildings; plus 5 ft. additional for each story over first where setback abuts RS or R1 zone.
Accessory structures		See Section 19.76.020 (Accessory uses and structures).
Site Coverage (see definitions in Chapter 19.04)		50% single-story primary housing units; 40% multi-story primary housing units; 50% R1-10, and R1-15.	60%
Minimum Open Space		Not applicable.	40%
Height Limits		35 ft. for primary housing units; 15 ft. for accessory structures; 25 ft. for accessory structures, with use permit approval; 25 ft. for garages with an ADU above 25 ft. for detached garages without an ADU above.	35 ft. for primary housing units; 15 ft. for accessory structures; 25 ft. for accessory structures, with use permit approval; 25 ft. for garages with an ADU above; 25 ft. for detached garages without an ADU above, with a minimum setback distance of 10 feet from all property lines.

Notes:

(1) Maximum percentage of site area that may be covered with structures.

(2) Where the allowable density is 20 or 22 dwelling units per acre, multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to lowincome households at or below 80% of AMI.

(Ord. 2435 §43, Ord. 2494, §21, Ord. 2511, §10; Ord. 2549, §6; Ord. 2580 , §9; Ord. 2600) TABLE 4-3C

RESIDENTIAL ZONE GENERAL DEVELOPMENT STANDARDS

	Requirement by Zoning District	Requirement by Zoning District
Development Feature	R3		R4	RMU

	Requirement by Zoning District
Development Feature	R3		R4	RMU
Minimum Lot Size		Interior lots:4,000 sq.ft.; 3,960 sq.ft. w/parkway.	7,500 sq.ft.

Minimum area		Corner lots:4,400 sq.ft., 4,250 sq.ft. w/parkways.
---	---	---	---	---
Minimum width at front setback line		Interior lots:45 ft. Corner lots:50 ft.	75 ft.
Residential Density (affordable housing projects, refer to (3))		14.1 to 22 units per acre	20 to 70 units per acre	10 to units per acre
Setbacks Required Front		10 ft. for main buildings; 20 ft. for garages/carports.	10 ft. for main buildings; 20 ft. for garages/carports.
Sides (each)		5 ft.; plus 5 ft. additional for each story over the first where setback abuts an RS or R1 district.
Street side		10 ft. for main buildings; 20 ft. for garages/carports.
Rear		15 ft. for main buildings; plus 5 ft. additional for each story over the first where setback abuts an RS or R1 district.	10 ft. for main buildings where rear yard abuts alley; 15 ft. elsewhere; plus 5 ft. additional for each story over the first where setback abuts an RS or R1 district.
Accessory structures		See Section 19.76.020 (Accessory uses and structures).
Site Coverage (1)		65%	75%
Minimum Open Space (2)		Determined through Design Review.
Height Limits		45 ft. for primary housing units; 15 ft. for accessory structures and detached garages; 25 ft. for accessory structures and detached garages, with a minimum setback distance of 10 feet from all property lines.	85 ft. for primary housing units in the R4 district; 45 feet for primary housing in the RMU district, and up to 65 feet in the Corridor and Downtown Opportunity Site overlay zones: 15 ft. for accessory structures; 25 ft. for accessory structures with use permit approval; 25 ft. for detached garages with a second floor dwelling unit; 25 ft. for detached garages without a second floor dwelling unit, with a minimum setback distance of 10 feet from all property lines.

Notes:

(1) Maximum percentage of site area that may be covered with structures (see the definition of site coverage in Chapter 19.04).

(2) Minimum usable common or individual outdoor open space area.

(3) Where the allowable density is 20 or 22 dwelling units per acre, multi-family residential uses may be permitted to develop up to 30 dwelling units per acre when at least 15% of the units are deed restricted housing affordable to lowincome households at or below 80% of AMI.

(Ord. 2427 §14, Ord. 2494 §21, Ord. 2511, §10; Ord. 2600)

19.42.040 Minimum lot area and density. ¶

The minimum area for each parcel and the maximum density of residential development are determined by Section 19.42.030, except where otherwise determined by this section.

A. Minimum Lot Area for Subdivisions. Where a residential zoning district includes a numerical suffix (for example, RS-1 or RS-4), the minimum lot area shall be as established by the numerical suffix as provided in Table 4- 4.

B. Exemptions to Minimum Residential Density. The minimum density requirements shall not apply to developed parcels 15,000 square feet or smaller in size, so long as any additional development or redevelopment results in a greater density than what existed on the parcel at the time the most recent General Plan was adopted. For undeveloped parcels 15,000 square feet or smaller in size, density may be calculated using net site acreage rather than gross acreage when so doing substantially advances General Plan goals of infill development and neighborhood compatibility.

C. Exemptions to Maximum Residential Density. The maximum density requirements shall not apply to subdivisions of infill parcels 15,000 square feet or smaller in size, so long as all newly created lots comply with the minimum lot sizes established in that same table.

(Ord. 2381 §1)(Ord. 2435 §25; Ord. 2600)

TABLE 4-4

MINIMUM LOT AREA FOR SUBDIVISIONS IN AREAS WITH ZONING SUFFIX

Suffix to Zoning Map Symbol	Minimum Lot Area Required(1)

Suffix to Zoning Map Symbol	Minimum Lot Area Required(1)
RS-5	5 acres
RS-4	4 acres
RS-3	3 acres
RS-2	2 acres
RS-1	1 acre
RS-20	20,000 sq.ft.
R1-15	15,000 sq.ft.
R1-10	10,000 sq.ft.

Notes:

(1) Minimum lot area may be reduced for eligible RS and R1 zoned properties in compliance with Section 19.76.220. (Ord. 2427 §15; Ord. 2580, §10 (part))