Merced County Municipal Code Ch. 18.12 Residential Zones (r-R, R-1, R1-5000, R-2, R-3, R-4, M-H)

A. The purpose of this chapter is to achieve the following:

1. Provide a range of residential zones with appropriate site location criteria and high-quality development standards subject to Community Plans.

2. Promote a suitable environment for single-and multi-family living and allow community-oriented uses (i.e., schools, churches, parks, and playgrounds).

3. Ensure compatibility of residential zones with adjacent land uses.

B. The purpose of the individual residential uses and the way they are applied are as follows:

1. R-R Rural Residential Zone. The purpose of the R-R Rural Residential Zone is to provide areas for rural residential development, hobby farming, and limited animal raising operations with less than a full range of urban services. It is intended that this zone typically serve as a transitional area between denser urban communities and agricultural uses, allowing one to three dwelling units per acre. This zone implements the Agriculture Residential (AR) and Very Low Density Residential (VLDR) land use designations in the General Plan.

2. R-1 Single-Family Residential Zone. The purpose of the R-1 Single-Family Residential Zone is to provide a full range of urban services and reserve appropriately located areas for single-family living with low population densities consistent with sound standards of public health, welfare, and safety. It is the intent of this zone to protect the residential characteristics of an area and to promote a suitable environment for family life. This zone implements the Very Low Density Residential (VLDR), and Low Density Residential (LDR) land use designations in the General Plan.

3. R-1-5000 Single-Family Residential Zone. The purpose of the R-1-5000 Single-Family Residential Zone is to provide a full range of urban services and reserve appropriately located areas similar to the R-1 Zone for single-family living at slightly higher population densities consistent with sound standards of public health, welfare, and safety. It is the intent of this zone to protect the residential characteristics of an area and to promote a suitable environment for family life. This zone implements Medium Density Residential (MDR) in some community plans and implements the Low Density Residential (LDR) land use designation in the General Plan.

4. R-2 Two-Family Residential Zone. The purpose of the R-2 Two-Family Residential Zone is to provide for areas with a full range of urban services for two residential dwellings per parcel in the form of two detached single-family dwellings, duplexes, town houses, and other forms of medium-density residential development, and to maintain a residential character similar to that found in single-family neighborhoods. The intent is to ensure compatibility of duplex-type development with surrounding multi-and single-family residences and the local neighborhoods. This zone implements the Medium Density Residential (MDR) land use designation in the General Plan.

5. R-3 Multi-Family Residential Zone. The purpose of the R-3 Medium-Density Multi-Family Residential Zone is to provide areas for residential neighborhoods consistent with the Medium-Density standards of the General Plan (typically up to 15 dwelling units per gross acre) and with a full range of urban services. This zone provides for both rental and ownership housing opportunities which are often an affordable alternative to single-family neighborhoods. Dwelling types may include grouped or clustered multi-family dwellings (i.e., duplexes, triplexes, townhouses, apartments), and other multi-family attached dwelling units (i.e., condominiums). It is intended that new development in this zone use innovative site planning, provide on-site recreational amenities, encourage walking and connectivity to surrounding land uses and be located near major community facilities, business centers, public transportation, and/or major streets. This zone implements the Medium Density Residential (MDR) land use designation in the General Plan.

6. R-4 Multi-Family Residential Zone. The purpose of the R-4 High-Density Multi-Family Residential Zone is to provide areas for residential neighborhoods consistent with the High-Density standards of the General Plan (typically up to 33 dwelling units per gross acre) and with a full range of urban services. Dwelling types may include grouped or clustered multi-family dwellings (i.e., duplexes, triplexes, apartments), and other multi-family attached dwelling units, including boarding and rooming houses. It is intended that new development in this zone use innovative site planning, provide on-site recreational amenities and be located near major community facilities, business centers, and/or major streets. This zone implements the High Density Residential (HDR) land use designation in the General Plan.

7. M-H Single-Family Mobile Home Residential Zone. The purpose of the M-H Single-Family Mobile Home Residential Zone is to provide areas for residential living designed exclusively for mobile/manufactured home dwelling units and tiny homes not on a permanent foundation within an Urban Community where public water and sewer are available and with a full range of urban services. This zone implements the Medium-Density Residential (MDR) land use designation in the General Plan.

(Ord. 1976 § 2, 2019)

A. Table 2-3 Residential Zone Allowed Uses and Permit Requirements. Table 2-3 indicates the uses allowed within each residential zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).

B. Additional Regulations. Where the last column in the Table 2-3 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code may also apply.

C. Definitions. See Article 8 (Definitions) for land use definitions and explanations.

D. Permit Requirement Where Construction is Involved. Each land use specified in the following land use table as allowed with a "P" as a use permitted-by-right that involves/contains construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) may require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearances) or a Site Plan and Design Review (Chapter 18.122).

E. Uses Not Listed. Residential uses not listed below may be reviewed by the director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

Table 2-3 Residential Zone Allowed Uses and Permit Requirements

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024; Ord. 2062, 6/2/2026)

A. Table 2-4 Residential Zone Development Standards. The intent of the residential zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the residential zones. The table also indicates where additional site and structure requirements, including, but not limited to, off-street parking, landscaping, signing, fences and obstructions, and performance standards, apply to residential zones.

B. Increased Setbacks Use Permits. The setbacks listed below may be increased for those uses requiring an Administrative or Conditional Use Permit when it is determined by the commission or director, as applicable, that increased setbacks are necessary to make the use compatible with surrounding properties and uses.

C. Density. Maximum density standards shall be consistent with the General Plan or applicable community plan.

D. Zoning Map. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown on the map(s) entitled "Zoning Map for Merced County" and referred to in this Zoning Code as the Zoning Map. Any additional maps (e.g., setback map) adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current state planning, zoning, and development laws. Changes in the boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments).

Table 2-4 Residential Zone Development Standards

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024; Ord. 2062, 6/2/2026)

In addition to the standards specified in Article 3 (Regulations Applicable to All Zones) and Article 4 (Standards for Specific Land Uses), the following standards shall be applicable in the specific residential zones:

A. General Residential Regulations.

1. Development Standards.

a. Front Setback. The front setback is measured from the existing or adopted street right-of-way line (ultimate width of the existing street).

b. Minimum Parcel Size. Where on-site wastewater treatment systems or septic systems are used on each parcel, County of Division of Environmental Health requirements shall be met. This requirement applies to both interior and corner lots.

c. Access Easements. Access easements are prohibited in residential zones where parcels are required to front a publicly maintained street.

2. Single-Family Dwellings.

a. Single-family dwellings shall be conventional construction or manufactured off site and placed on a permanent foundation. Two dwellings are permitted in the R-2 Zone and three or more dwellings in the R-3 and R-4 zones based on consistency with the density standards of the General Plan or applicable community plan.

b. Agricultural Setback Requirement for Residential Uses. New residential dwellings and/or other habitable structures in residential developments in a designated urban community adjacent to agricultural designated lands shall be set back so as to provide a physical separation of 200 feet, as measured from the dwellings or other habitable structures, to any abutting parcels used for agricultural production. "Agricultural production," as used herein, means either an existing agricultural operation or an agricultural operation that would be a reasonable anticipated use. The agricultural setback may include roads, parking, trails, creeks, canals, and landscape features. Exceptions to agricultural setback requirements may be permitted with approval of a variance, in compliance with Chapter 18.126 (Variances and Minor Deviations).

c. Tiny homes shall be considered single-family dwellings and shall be placed on a permanent foundation system.

B. Specific Residential Regulations.

1. R-R Rural Residential Zone.

a. Agricultural Uses.

(1) Crop, orchard, and vineyard properties shall be one acre or larger.

(2) Accessory Farm Structures. Structures are limited to a maximum of 600 square feet and shall meet the setback requirements of the zone in which the parcel is located.

(3) Farm Animal Keeping/Raising. Up to two large animals, or up to five birds (other than household pets) are permitted per parcel. An Administrative Permit with Director approval and a minimum of two acres is required for additional on-site animals.

b. Commercial Vehicle Storage. Commercial vehicle storage may be allowed with an Administrative Permit and subject to all the following conditions:

(1) Commercial vehicle storage shall be limited to a single operational commercial truck tractor, as defined by Section 655 of the California Vehicle Code.

(2) The truck tractor shall be owned and operated by the property owner/tenant and regularly used in his/her business occupation.

(3) Additional operational commercial truck tractors and parking of any trailers are prohibited.

(4) The truck tractor shall not be parked in a manner as to obstruct the adjoining property owner's view.

(5) Not more than one garage-type structure shall be allowed for minor incidental repair and storage of the truck tractor.

(6) Truck tractors are not allowed to operate or idle on the property.

(7) At no time shall the operation of the truck tractor produce a noise that exceeds the noise standards in Section 18.40.050 (Noise).

(8) Vehicle repair shall be limited to the property owner's truck tractor.

2. R-1 Single-Family Residential Zone.

a. Agricultural Uses. Agricultural uses in Residential Zones are interim uses and are only permitted until 75% of the abutting parcels are subdivided and/or developed. This includes the following uses:

(1) Accessory Farm Structures. Structures are limited to a maximum of 600 square feet and shall meet the setback requirements of the zone in which the parcel is located.

(2) Farm Animal Keeping/Raising. Up to two large animals, or up to five birds (other than household pets) are permitted per parcel. Director approval is required for additional onsite animals, and a minimum of two acres is required. Farm animal keeping/raising is not allowed as an accessory use to a residential use.

(3) Row Crops.

b. Side Setback. The garage driveway front setback can be 15 feet from the right-of-way only for a side-loading garage.

3. R-1-5000 Single-Family Residential Zone. Additional development standards are as follows:

a. Agricultural Uses. Agricultural uses in Residential Zones are interim uses and are only permitted until 75% of the abutting parcels are subdivided and/or developed. This includes the following uses:

(1) Accessory Farm Structures. Structures are limited to a maximum of 600 square feet and shall meet the setback requirements of the zone in which the parcel is located.

(2) Farm Animal Keeping/Raising. Up to two large animals, or up to five birds (other than household pets) are permitted per parcel. Director approval is required for additional on-site animals, and a minimum of two acres is required. Farm animal keeping/raising is not allowed as an accessory use to a residential use.

(3) Row Crops.

b. Front Setback. Carports and garages facing the front parcel line shall be 20 feet from the right-of-way.

c. Rear Setback. The rear setback may be 10 feet if side setback is 15 feet with outdoor access oriented to the side yard.

4. R-2 Two-Family Residential Zone.

a. Residential Uses. A minimum of 200 square feet of open space is required for each dwelling unit.

b. Development Standards.

(1) Front Setback. The garage driveway can be 15 feet from the right-of-way only for a side-loading garage. See Figure 2-2 (Side-Loading Garage).

(2) Side Setback. If the dwelling units are two stories and are adjacent to single-family residential zone, then the side setback shall be 12 feet.

5. R-3 Multi-Family Residential Zone.

a. Residential Uses. A minimum of 200 square feet of open space is required for each dwelling unit.

b. Development Standards.

(1) Front Setback. The garage driveway can be 15 feet from the right-of-way only for a side-loading garage. See Figure 2-2 (Side-Loading Garage).

(2) Side Setback. If the dwelling units are two stories and are adjacent to single-family residential zone, then the side setback shall be 12 feet.

6. R-4 Multi-Family Residential Zone.

a. Residential Uses. A minimum of 200 square feet of open space is required for each dwelling unit.

b. Development Standards.

(1) Front Setback. The garage driveway can be 15 feet from the right-of-way only for a side-loading garage. See Figure 2-2 (Side-Loading Garage).

(2) Separation from Adjacent Single-Family. A six-foot-high masonry wall shall be built for three or more dwelling units adjacent to single-family residential zone.

(3) Side Setback. If the dwelling units are two stories and are adjacent to single-family residential zone, then the side setback shall be 12 feet.

7. M-H Single-Family Mobile Home Residential Zone. Single-family dwellings shall be a mobile/manufactured home with or without a permanent foundation or a tiny home not on a permanent foundation.

(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024; Ord. 2062, 6/2/2026)