Part 1 — ENACTMENT AND APPLICABILITY

Chapter 20.02 - PURPOSE

Sections:

20.02.010 - Title and authority.

A.

Title 20 of the Merced Municipal Code shall be known and officially cited as the "Merced City Zoning Ordinance" and referred to in this title as "the Zoning Ordinance."

B.

The zoning ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.02.020 - Purpose of the zoning ordinance.

A.

General. The zoning ordinance is adopted to implement the Merced general plan and to protect the public health, safety, and general welfare of the Merced community.

B.

Specific. The zoning ordinance is intended to:

Promote orderly and beneficial development that supports a high quality of life in Merced.

2.

Utilize land resources efficiently.

3.

Provide public infrastructure and services in a cost-effective manner.

4.

Protect the character and stability of residential areas.

5.

Promote good connections between existing and planned urban areas.

6.

Expand transportation choices for residents, including walking, biking, and riding transit.

7.

Protect the economic vitality of commercial areas by promoting commercial development that contributes to a high quality design environment.

8.

Stimulate economic growth, investment, and quality jobs for Merced residents.

9.

Increase housing choices for residents.

10.

Provide high quality parks, recreational uses, and other public amenities.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The zoning ordinance implements the goals and policies of the Merced general plan by regulating the uses of land and structures within the city.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The zoning ordinance shall be administered by the Merced City Council, the planning commission, the site plan review committee, and the director of development services or their designees as established in Chapter 20.64 (Administrative Responsibility).

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.02.050 - Applicability of the zoning ordinance.

A.

Applicability to Property. The zoning ordinance applies to all land, uses, and structures within the Merced city limits and to property for which applications for annexation and/or subdivisions have been submitted to the City of Merced.

B.

Governmental Agencies. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City of Merced.

C.

Compliance with Regulations. No land shall be used and no structures built, occupied, modified, moved, or destroyed except in accordance with the provisions of the zoning ordinance.

D.

Conflicting Regulations. Where conflict occurs with other city regulations or with state or federal laws, higher law shall control over lower law unless local variation is permitted. Where conflicting laws are of equal stature, the more restrictive provision shall control unless otherwise specified in the zoning ordinance or in state or federal law.

E.

Relation to Prior Ordinances. The provisions of this title supersede all prior zoning ordinances codified in Title 20 of the Merced Municipal Code and any amendments. No provision of this title shall validate any land use or structure established, constructed or maintained in violation of the prior zoning ordinance, unless such validation is specifically authorized by this title and is in conformance with all other regulations.

F.

Enforcement. The zoning ordinance shall be enforced in the manner determined to be the most appropriate, which may include, but not be limited to, the procedures as established in Merced Municipal Code Title 1 (General Provisions) as well as any other procedures available in state or federal law.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.04 - INTERPRETATION

This chapter establishes rules and procedures for interpreting the zoning ordinance to ensure that it is applied and enforced in a consistent manner.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The director of development services, planning manager, planning division staff, city attorney, and his/her designees are delegated the authority by the city council to interpret the meaning and applicability of all provisions in the zoning ordinance.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.04.030 - Rules of interpretation.

A.

General Rules. The following general rules apply to the interpretation and application of the zoning ordinance.

1.

The specific controls over the general.

2.

Where there is a conflict between text and any figure, illustration, graphic, heading, map, table, or caption, the text governs.

3.

The words "shall," "will," "is to," and "are to" are mandatory. "Should" means a regulation that is not mandatory, but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. "May" is permissive.

4.

The following conjunctions are interpreted as follows:

a.

"And" means that all items or provisions so connected apply.

b.

"Or" means that all items or provisions so connected apply singularly or in any combination.

c.

"Either . . . or" means that one (1) of the items or provisions so connected apply singularly, but not in combination.

5.

All officials, bodies, agencies, ordinances, policies, and regulations referred to in the zoning ordinance are those of Merced unless otherwise noted.

B.

Calendar Days. Numbers of days specified in the zoning ordinance are construed as continuous calendar days unless otherwise noted. Where the last of a number of days falls on a holiday or weekend, time limits specified in the zoning ordinance are extended to the following working day.

C.

Land Use Regulation Tables. Land use regulation tables in Part 2 (Zoning Districts) establish permitted land uses within each zoning district. Notations within these tables shall have the following meanings:

1.

Permitted Uses. A "P" means that a use is permitted by right in the respective zoning district and is not subject to discretionary review and approval.

2.

Conditionally Permitted Uses. A "C" means that a use requires approval of a conditional use permit. An "M" means that a use requires approval of a minor use permit.

3.

Site Plan Review Required. A "SP" means that a use requires approval of a site plan review permit.

4.

Uses Not Allowed. An "X" in a cell means that a use is not allowed in the respective zoning district.

D.

Unlisted Land Uses. If a proposed land use is not specifically listed in the zoning ordinance, the use is not permitted except as follows:

1.

The director of development services may determine that an unlisted proposed use is equivalent to a permitted use (or requires a site plan permit, conditional use permit, minor use permit, or other such permit) if all of the following findings can be made:

a.

The use is no greater in density or intensity than other uses in the applicable zoning district.

b.

The use is compatible with permitted or conditionally permitted uses in the applicable zoning district.

c.

The use will meet the purpose of the applicable zoning district.

d.

The use is consistent with the goals and policies of the general plan.

e.

The use will not be detrimental to the public health, safety, or welfare.

f.

The use is similar to one (1) or more other uses allowed in that zone.

2.

A proposed use unlisted in the land use regulation table for a zoning district shall not be permitted if that land use is listed as a permitted use in one (1) or more other zoning districts. In such a case, the absence of the use in the land use regulation table shall be interpreted as a prohibition of the use in the respective zoning district, unless the director of development services deems otherwise under the provisions of Section 20.04.030(D)(1) above.

3.

When the director of development services determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the zoning ordinance.

E.

Uses Prohibited by State or Federal Law. No use that is prohibited, unlawful, violates or is inconsistent with federal or state law, or any provision in this zoning ordinance, shall be allowed or permitted in any zoning district within the City of Merced.

F.

Zoning Map Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5.

In unsubdivided property or where a zoning district boundary divides a parcel, the location of the boundary, unless the same is indicated by dimensions shown upon the map, shall be determined by the use of the scale on the map.

6.

In case further uncertainty exists, the director of development services shall determine the exact location of the boundaries. The director's decision may be appealed to the planning commission that upon written application by a property owner or upon its own motion, shall determine the exact location of the boundaries.

G.

Parcels Containing Two (2) or More Zoning Districts.

1.

For parcels containing two (2) or more zoning districts ("split zoning"), the location of the zoning district boundary shall be determined by the director of development services.

2.

For parcels containing two (2) or more zoning districts, the applicable regulations for each zoning district shall apply within the zoning district boundaries as identified on the zoning map.

3.

When a zoning district boundary interferes with existing structures or setbacks, the director may approve a minor adjustment of the boundary.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Request for Interpretation. The director of development services or his/her designee shall respond in writing to written requests for interpretation of the zoning ordinance if, in the opinion of the director, the requested

interpretation would substantially clarify an ambiguity which interferes with the effective administration of the zoning ordinance. When the director makes such a determination, the following procedures shall apply:

1.

The request shall be in writing and shall state which provision is to be interpreted and shall be accompanied by a fee as set forth in the latest planning and development fee schedule.

2.

The request shall provide any information that the director requires to assist in its review.

3.

The director shall respond to an interpretation request within thirty (30) days of receiving the request.

B.

Form and Content of Interpretation. Official interpretations prepared by the director shall be in writing, and shall quote the provisions of the regulations that are being interpreted. The interpretation shall describe the circumstance that caused the need for the interpretation.

C.

Official Record of Interpretations. An official record of interpretations shall be kept and updated regularly by

the development services department. The record of interpretations shall be indexed by the number of the section that is the subject of the interpretation and made available for public inspection during normal business hours.

D.

Director of Development Services Referral to Planning Commission. The director may refer any request for interpretation of the zoning ordinance to the planning commission for review and interpretation.

E.

Appeals. Any official interpretation prepared by the director may be appealed to the planning commission. The planning commission's interpretation may be appealed to the city council.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.06 - ZONING DISTRICTS AND MAP

This chapter identifies the zoning districts that apply to land within the Merced city limits and establishes the official Merced zoning map.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Base Zoning Districts. Merced is divided into zoning districts that implement the general plan land use map as shown in Table 20.06-1.

B.

Overlay Zones. The zoning ordinance and zoning map include the overlay zones shown in Table 20.06-2. Overlay zones impose additional regulations on properties beyond what is required by the underlying base zoning district. See Chapter 20.22 for regulations that apply to overlay zones.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Adoption. The city council hereby adopts the Merced zoning map ("zoning map"), which establishes the boundaries of all base zoning districts and overlay zones provided for in the zoning ordinance.

B.

Incorporation by Reference. The zoning map, including all legends, symbols, notations, references, and other information shown on the map, is incorporated by reference and made a part of the zoning ordinance.

C.

Location. The zoning map is kept, maintained, and updated by the development services department, and is available for viewing by the public at the department and on the official City of Merced website. The digital version of the zoning map for the City of Merced is maintained online by the Merced County Association of Governments.

D.

Replacement of Official Zoning Map. In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (insert date of previous map adoption) of the City of Merced, California."

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

PART 2 - ZONING DISTRICT STANDARDS Chapter 20.08 - RESIDENTIAL ZONING DISTRICTS

20.08.010 - Purpose of the residential zoning districts.

A.

Rural Residential (R-R). The R-R zoning district provides an area for single-family dwellings on large lots in a semi-rural environment. The R-R zoning district serves as a buffer between the city's urbanized areas and agricultural land and other environmentally sensitive or resource areas.

B.

Low Density Residential (R-1). The R-1 zoning district is intended to stabilize, protect, and encourage the establishment and maintenance of a suitable environment for detached single-family dwellings, duplexes, and other land uses typically compatible with or authorized by state law for a low-density residential setting. The R-1 zoning district is divided into four (4) subzones (R-1-20, R-1-10, R-1-6, and R-1-5) allowing for a range of minimum lot sizes.

C.

Low Medium Density Residential (R-2). The R-2 zoning district is intended to stabilize, protect, and encourage the establishment and maintenance of a suitable environment for single-family dwellings, duplex homes, limited multi-family dwellings, and other land uses typically compatible with a low to mediumdensity residential setting.

D.

Medium Density Residential (R-3). The R-3 zoning district provides an area for a full range of residential uses, including single-family dwellings, duplex homes, multi-family dwellings, single room occupancy housing, and other land uses typically compatible with a medium density residential setting. The R-3 zoning district is divided into two (2) subzones (R-3-1.5 and R-3-2) allowing for a range of permitted residential densities.

E.

High Density Residential (R-4). The R-4 zoning district provides an area for the highest density residential uses in Merced. Permitted uses include single-family dwellings, duplex homes, multi-family dwellings, single room occupancy housing, and other land uses typically compatible with a high-density residential setting in close proximity to shopping, transportation, and other facilities.

F.

Mobile Home Park (R-MH). The R-MH zoning district provides an area for mobile home parks with regulations and standards intended to maintain a suitable environment for mobile home park residents.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2543, § 1, 9-6-2022)

20.08.020 - Land use regulations for residential zoning districts.

A.

Permitted Land Uses. Table 20.08-1 identifies land uses permitted in residential zoning districts.

Notes:

[1] A site plan review permit may be required per Chapter 20.32 (Interface Regulations) regardless of the uses shown in Table 20.08-1.

[2] Reserved.

[3] Only permitted for rooming and boarding houses as an accessory use. The maximum persons allowed are: R-1, R-R, & R-MH (1 person); R- 2 (2 persons); and R-3 and R-4 (no limit).

[4] Permitted only on lots six thousand (6,000) square feet or greater at the density permitted in the existing zoning district.

[5] For day care home facilities for adults, a conditional use permit would allow up to twelve (12) adults in care.

[6] Permitted only as an ancillary use to serve residents, not to exceed more than two thousand five hundred (2,500) square feet.

[7] Permitted only for onsite retail for agricultural products.

[8] Permitted only when ancillary to a multi-family use and intended to serve residents only. No exterior display or advertising is permitted. Retail use must be located within the same building as residences.

[9] A minor use permit is required for a cottage food industry home occupation.

[10] Agricultural uses are temporary, transitional uses in the city and should not remain on a permanent basis. The appropriate length of time for the use will be defined in the conditional use permit based on the types of crops, surrounding uses, etc. Hog-raising and onsite sale of products, including wholesale, are prohibited. See Chapter 6.04 (Animal Control) for additional regulations.

B.

Duplex Homes in the R-1 Zoning Districts. One (1) duplex home per lot is permitted in the R-1 zoning districts when the following standards are met:

1.

The lot meets the minimum lot size for the district.

2.

One (1) off-street parking space for each unit is provided consistent with Chapter 20.38 (Off-Street Parking). However, no parking may be required if either of the following is true:

a.

The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor as defined in Subsection (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code; or

b.

There is a car share vehicle located within one (1) block of the parcel.

Driveways are a minimum twenty (20) feet in length (measured from the garage/carport to the back of the sidewalk or front property line whichever is furthest from the street).

4.

The lot does not have frontage along a designated collector or higher order street as defined in the general plan, or has a circular driveway or other driveway configuration that enables vehicles to enter and exit the site in the same direction and not back out into the street.

C.

Small Houses. Small Houses may be proposed in residential planned development (RP-D), inner village residential (R-IV), outer village residential (R-OV), low density residential (R-1) low medium density residential (R-2), high medium density residential (R-3), and high density residential (R-4) zoning districts. The city may determine that a proposed small house subdivision is not allowed where public facilities and services are insufficient for the proposed development.

1.

Small houses proposed within R-2, R-3, or R-4 zoning districts shall require approval of a site plan review. All subdivisions of land shall receive permits and approvals required by Title 18 (Subdivisions) of the Merced Municipal Code. Small house villages proposed within the R-2 zoning district shall require approval of a conditional use permit.

2.

Residential Design Standards.

a.

Small Houses. Each small house is required to comply with Chapter 20.46.020 of this code, except where specified below.

b.

Small House Villages. Each small house village is required to comply with Chapter 20.46.030 of this code, except where specified below.

3.

Density and Intensity.

a.

One (1) small house is permitted per lot, in districts where small houses are permitted, subject to the regulations contained in this chapter.

b.

Small house villages are permitted in the R-2, R-3, and R-4 districts at the densities permitted in the existing zone district.

Table 20.08-1A: Development Standards for Small Houses and Small House Villages

a.

Infill lots that do not meet the required lot depth and width requirements may be granted an exception if the director finds that all other development and density standards are met.

b.

Any non-conforming or substandard residential zoned lot in compliance with Chapter 20.50 is permitted to construct one (1) small house as a primary dwelling.

c.

Walls and Fences. Walls and fences shall be provided and developed in compliance with Chapter 20.30 (Walls and Fences).

d.

Parking Standards. Parking shall be provided and developed in compliance with Chapter 20.38 (Parking and Loading).

i.

Within the R-1 and R-2 zoning districts, required off-street parking spaces may not be located within any required exterior setback area, except for required parking spaces for accessory dwelling units on the property.

ii.

Within the R-3 and R-4 zoning districts, off-street parking spaces may be located within required exterior setback areas if the total off-street parking requirement exceeds four (4) spaces.

When the required off-street parking for a single-family or duplex home in any residential zoning district is provided outside of a covered garage or carport, each parking space shall be located and designed so that it may later be covered by a garage or carport structure.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2502, § 1, 8-19-19; Ord. No. 2543, §§ 2—4, 9-62022; Ord. No. 2555, § 1, 9-18-2023)

20.08.030 - Development standards for residential zoning districts.

A.

Basic Standards. Tables 20.08-2 and 20.08-3 identify development standards that apply in residential zoning districts.

B.

Variation in Lot Dimensions for R-1 Subdivisions. The planning commission may approve reduced lot widths for an R-1 subdivision when the following conditions are met:

1.

The subdivision creates at least ten (10) lots.

2.

Excluding corner lots, at least twenty-five (25) percent of the remaining lots are at least five (5) feet above the minimum required width.

3.

Excluding corner lots, no more than forty (40) percent of the remaining lots may be less than the minimum required width.

4.

No lot shall have a depth less than the minimum required depth or a width less than fifteen (15) feet below the minimum required width.

5.

No corner lot may be less than the minimum required width or area.

6.

No more than two (2) lots below the minimum required width may be adjacent to one another.

C.

Residential Design Standards. All residential structures shall comply with the design standards established in Chapter 20.46 (Residential Design Standards). See Figure 20.08-1.

Figure 20.08-1 — Residential Development Standards

==> picture [411 x 289] intentionally omitted <==

Notes:

[1] Twenty-foot minimum for garages.

[2] Lots located on curved streets, turnarounds, or cul-de-sac bulbs shall meet the minimum lot width requirement at the established front setback line.

[3] Cul-de-sac lots located on the cul-de-sac bulbs shall meet the minimum lot depth requirement measured at the mean horizontal distance between the front and rear lot lines, but at no point shall be less than eight (80) feet in depth.

[4] May be reduced to one-third (⅓) acre if city sewer and water serves the property.

[5] On corner lots, if the yard abuts the exterior front yard of an adjacent lot, then it shall be considered an exterior front yard. Otherwise, it shall be considered an exterior side yard.

[6] Driveway length is measured from the garage/carport to the back of the sidewalk or front property line whichever is furthest from the street.

Table 20.08-3 Development Standards for Multi-Family Residential Zoning Districts

Notes:

[1] The maximum residential density in the R-MH zoning district is ten (10) dwelling units per acre.

[2] Rear yard minimum ten (10) feet for structures over twenty-five (25) feet in height, an additional one (1) foot per each additional five (5) feet in height.

D.

R-1-5 Subdivisions. Homes for R-1-5 subdivisions shall comply with the following design standards, unless exceptions from individual standards are granted through a minor use permit per Section 20.68.020:

1.

A minimum of twenty-five (25) percent of the front elevations along a street shall have a minimum twentyfive-foot garage setback.

2.

No three-car garages shall be allowed on five thousand-square-foot lots, except on lots with alley access or lots exceeding sixty (60) feet in width.

3.

All subdivisions shall provide a variety of dwelling elevations appropriate for the scale of the project. Elevations shall be approved by the planning division. At a minimum, the same elevations shall not be repeated for adjacent houses. Varied front setbacks and heights are encouraged as ways of achieving variety.

4.

Windows, doors, and garage doors (except recessed garage doors) on the front elevation shall have raised trim in order to provide visual interest and relief.

5.

Plans for two-story structures immediately adjacent to a developed R-1 area shall receive special attention by the planning division. Planning division staff shall consider the relationship of second-story windows, doors, and balconies with the privacy of neighbors, and may require that these features be redesigned or omitted from second-story rear walls.

E.

Exceptions on Required Front Setback. In any residential zoning district, the required front setback may be modified with a minor use permit if at least fifty (50) percent of the homes are already constructed on the same block with front setbacks that are different from the front setback requirement in Table 20.08-2 (Setback and Height Standards for Residential Zoning Districts). In such cases, the modified setbacks shall comply with the following requirements:

1.

The front setback shall not exceed the average of existing front setbacks on the same block.

2.

The front setback shall not exceed the average of existing front setbacks of the two (2) immediately adjoining lots.

For corner lots, the front setback shall not exceed the front setback of the immediately adjoining lot.

4.

The front setback for all lots shall be a minimum of ten (10) feet and a maximum of fifty (50) feet.

F.

Parking.

1.

Within the R-1 and R-2 zoning districts, required off-street parking spaces may not be located within any required exterior setback area, except for required parking spaces for accessory dwelling units on the property.

2.

Within the R-3 and R-4 zoning districts, off street parking spaces may be located within required exterior setback areas if the total off-street parking requirement exceeds four (4) spaces.

3.

When the required off-street parking for a single-family or duplex home in any residential zoning district is provided outside of a covered garage or carport, each parking space shall be located and designed so that it may later be covered by a garage or carport structure.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2502, § 2, 8-19-19; Ord. No. 2543, §§ 5—7, 9-62022; Ord. No. 2555, § 2, 9-18-2023)

A.

General. Up to three (3) single-family dwelling units are permitted on an R-1 lot provided that all of the following conditions are met:

1.

The minimum lot size is fifteen thousand (15,000) square feet for R-1-5; eighteen thousand (18,000) square feet for R-1-6; thirty thousand (30,000) square feet for R-1-10; and sixty thousand (60,000) square feet for R-1-20.

2.

The minimum lot area per dwelling unit is five thousand (5,000) square feet for R-1-5; six thousand (6,000) square feet for R-1-6; ten thousand (10,000) square feet for R-1-10; and twenty thousand (20,000) square feet for R-1-20.

A minimum separation of twenty (20) feet is provided between dwelling units located behind each other.

4.

For dwelling units located side by side on one (1) lot:

a.

The lot has a width of at least one hundred (100) feet.

b.

A minimum separation of ten (10) feet is provided between dwelling units.

B.

Deep R-1 Lots. R-1 lots that are over one hundred fifty (150) feet in depth with an existing dwelling unit may add an additional dwelling unit, provided that the following conditions are met:

1.

The existing dwelling unit existed prior to the adoption of this title.

2.

The existing dwelling unit is located at least seventy-five (75) feet back from the front lot line.

3.

The additional dwelling unit is located on the front half of the lot.

4.

A minimum separation of twenty (20) feet is provided between the two (2) dwelling units.

C.

Rear Dwellings.

1.

No structure to the rear of a principal structure on the same lot shall be used for residential purposes unless it conforms to all the lot area, setback, open space, and off-street parking requirements of this title.

2.

Vehicle access to rear dwellings shall be provided from a public street or alley. The minimum driveway width shall be ten (10) feet for driveways serving two (2) units, and twenty-two (22) feet for driveways serving three (3) or more units.

D.

Dwelling Units Over Garages. Dwelling units occupying an upper story above a garage may be set back three (3) feet from a rear lot line that abuts an alley. The ground floor garage shall be set back five (5) feet from the rear lot line. All other setback and open space requirements must be observed.

E.

Accessory Dwelling Units. Dwelling Units that meet the requirements of Chapter 20.42 shall be permitted in R-1 zoning districts.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2543, § 8, 9-6-2022; Ord. No. 2555, § 3, 9-18-2023) 20.08.050 - Rural residential zoning district.

A.

Purpose. This section establishes supplemental standards and procedures for properties within the rural residential zoning district. The intent of this section is to maintain the existing rural character of these properties and to allow for continued agricultural uses and operations in addition to residential uses.

B.

Agricultural Uses

1.

Crop, orchard, and vineyard operations are permitted as a primary land use in the rural residential zoning district if a dwelling unit is also located on the property.

2.

The keeping of livestock and poultry shall be a permitted use in the rural residential zoning district subject to the requirements of Merced Municipal Code Section 6.04.081 (Exception to Livestock and Poultry Regulations).

C.

Infrastructure Improvements. Through a special project permit process as outlined in Section 20.68.060, the city council may waive or defer for a specified amount of time requirements for properties in the rural residential zoning district only to install city sewer, city water, curb, sidewalk, streetlights, and other infrastructure improvements consistent with adopted city policies and regulation.

Chapter 20.10 - COMMERCIAL ZONING DISTRICTS

20.10.010 - Purpose of the commercial zoning districts.

A.

Neighborhood Commercial (C-N). The C-N zoning district provides areas for shopping centers and other commercial uses that serve the day-to-day needs of residential neighborhoods. The C-N districts shall have

a minimum area of three (3) acres and shall be located only where analysis of the residential population demonstrates that the facilities are justified.

B.

Shopping Center Commercial (C-SC). The C-SC zoning district provides areas for grocery stores, supermarkets, and other retail establishments selling groceries to serve local residents as well as the larger regional market. The C-SC districts shall have a minimum area of five (5) acres.

C.

Regional/Central Commercial (C-C). The C-C zoning district provides areas for a diversity of commercial and residential land uses in the central business district and regional centers. These uses help to support a vibrant retail destination, provide jobs for residents, and accommodate commercial and service uses to meet the needs of community and regional businesses and residents.

D.

Office Commercial (C-O). The C-O zoning district provides a location for a broad range of office uses including professional offices, business offices, medical offices, and regional or "back" offices. The C-O zoning district can also accommodate limited "accessory" restaurant, retail, and service uses that cater to the needs of on-site employees and visitors.

E.

Thoroughfare Commercial (C-T). The C-T zoning district provides areas for auto-oriented commercial uses that accommodate the needs of people traveling on highways and local motorists. The C-T zoning district also accommodates large recreational facilities and heavy commercial uses that benefit from proximity to the highway.

F.

General Commercial (C-G). The C-G zoning district provides areas for heavy commercial and light industrial uses that may impact neighboring uses and often require large parcels and benefit from separation from retail uses. The C-G districts are to be established in areas of four (4) acres or larger.

G.

Business Park (B-P). The B-P zoning district provides a location for employment-intensive uses within an attractive campus-like setting. The B-P zoning district shall primarily allow "back" offices, research and development businesses but also limited commercial retail uses to serve employees in the area. The B-P zoning district shall have a minimum area of five (5) acres.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

_____

20.10.020 - Land use regulations for commercial zoning districts.

A.

Permitted Uses. Table 20.10-1 identifies land uses permitted in commercial zoning districts.

Notes:

[1] A minor use permit may be required per Chapter 20.32 (Interface Regulations) regardless of the uses shown in Table 20.10-1. Allowed Residential densities are as follows: a) 12.1 to 24.0 units/gross acre in the C-O, C-N, C-SC, C-T, C-G, and B-P Districts, but can be approved up to 36.0 units/gross acre with a Conditional Use Permit; and b) 12.1 to 36.0 units/gross acre in the C-C District but can be approved up to two hundred (200) units/gross acre for multi-story buildings over five (5) stories with a conditional use permit.

[2] Residential use on the ground floor is prohibited unless it is located on the back of the property where it is not visible or approved with a conditional use permit.

[3] Allowed only for converted hotels or motels.

[4] Use shall not exceed 20,000 square feet.

[5] 24 hour operations limited to C-T and C-C zones per Chapter 9.08 (Gaming).

[6] Rehabilitation centers for drug, methadone, and alcohol are prohibited.

[7] A conditional use permit is required for establishments smaller than 20,000 square feet.

[8] A site plan review permit is required for alcoholic beverage sales for on-site consumption.

[9] Permitted only as part of a shopping center or other retail establishment with a minimum of 8,000 square feet of floor area devoted to the sale of groceries.

[10] Prohibited in the city center area between 19th and 16th Streets and O Street and Martin Luther King, Jr. Way, including properties fronting on either side of each of the above streets, except vehicle sales showrooms can be allowed.

[11] Includes refreshment stands.

[12] Permitted only as an ancillary use to serve employees, not to occupy more than 5,000 square feet.

[13] Conditional use permit required unless the use is ancillary to a principal permitted use. For restaurants, Conditional Use Permit is required unless the uses are conducted in and entered from within the building with no outside advertising.

[14] A site plan review permit is required for used vehicle sales.

[15] Temporary warehousing and storage only is allowed per the requirements of Section 20.10.030(D).

[16] Provided that a massage establishment permit has not been revoked at that location within 12 months of the application for a conditional use permit and a massage establishment permit is obtained pursuant to Chapter 5.44.

[17] Must have valid certificate from State of California as a massage therapist or massage practitioner pursuant to the Massage Therapy Act (Business and Professions Code Section 4600 et seq.).

[18] Prohibited within one thousand (1,000) feet of schools and six hundred (600) feet of other uses per Section 20.44.160, unless building over twenty thousand (20,000) square feet or exemption granted per Section 20.44.160.

[19] Provided that the business includes a full-service restaurant and the on-site sale of beer, liquor, or wine made by the same business either on-site or off-site.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2480, § 4, 12-4-2017; Ord. No. 2486, § 1, 3-19-2018; Ord. No. 2522, §§ 1—11, 3-15-2021; Ord. No. 2543, §§ 9—52, 9-6-2022)

_____

20.10.030 - Development standards and guidelines for commercial zoning districts.

A.

General Standards. Table 20.10-2 identifies development standards that apply to all parcels and structures located in commercial zoning districts. See Figure 20.10-1.

B.

Outdoor Operation of Uses.

1.

The outdoor operation of a land use in the C-C and C-N zoning districts shall require approval of a site plan review permit. Outdoor dining in accordance with Chapter 12.36 (Restaurant Encroachment Permits), outdoor recreation, commercial parking lots, and other similar permitted uses that necessitate outdoor operation are exempt from this requirement.

2.

The storage of vehicles, equipment, and materials in the C-T and C-G zoning district shall be either located entirely within a completely enclosed building; or entirely enclosed by a screen fence or hedge not less than six (6) feet high. This requirement shall not apply to retail nurseries or vehicle sales and rental uses.

3.

All land uses shall be located entirely within a completely enclosed building in the B-P zoning district.

C.

Location of Parking and Loading Facilities. Parking and loading facilities in a commercial zoning district shall be set back a minimum of eight (8) feet from an exterior property line when located across the street from a residential zoning district.

D.

Temporary Warehousing and Storage Uses in the Downtown C-C Zoning District. The following uses require a site plan review permit pursuant to Chapter 20.68.050 of this code in the downtown C-C zoning district:

1.

Temporary warehouse and storage uses, but only within existing buildings or structures on properties with environmental issues, restrictions, or limitations identified by local, state, or federal agencies, subject to conditions in Section 20.10.030(D)(2) of this chapter. While warehouse and storage uses are generally prohibited and discouraged in the C-C district, it is recognized by the city that environmental issues, restrictions, or limitations identified by local, state, or federal agencies may limit or prohibit the uses, otherwise permitted or conditionally permitted in this district. The city further recognizes the substantial public and private investment made to both public and private properties in the downtown C-C district and the need for property owners to have a source of funds to meet property expenses as well as to ensure that the public and private investments are protected by preventing these properties from falling into disrepair and becoming blighted. Temporary warehouse and storage use does not include traditional mini-storage where multiple tenants or customers rent or lease storage space from the property owner or mini-storage operator.

2.

The following conditions shall be applied to the site plan review permit for temporary warehouse and storage uses in the downtown C-C district:

a.

When a site plan review permit is granted for any property within the downtown C-C district with environmental issues, restrictions, or limitations identified by local, state, or federal agencies, the use of the property shall have no more than the minimum number of employees for the minimal amount of time required for business operation in order to minimize human exposure.

b.

The site plan review permit shall be valid and last only until remediation of the environmental issue, restriction, or limitation is complete and the environmental issue, restriction, or limitation is officially "closed" by the local, state, or federal agency. The site plan review permit shall be reviewed at least every three (3) years to determine if the need still exists for the restriction. If the need no longer exists, the property shall be brought into compliance with downtown C-C district within ninety (90) days after notice to the property owner.

c.

The site plan review permit shall require that commercial activities occur that are observable through any window facing Main Street at the street and sidewalk level. It is the intent of this condition not to allow window displays of stacked boxes or merchandise. Examples of commercial activities encouraged hereunder shall include, but are not limited to, window display of art, goods, merchandise for sale at a different location by the warehouse or storage user, and public service notices and announcements, with such display shielding warehoused merchandise from any window facing Main Street.

d.

The site plan review permit shall require that proper maintenance and upkeep of the appearance of the building and the property occur during the duration of the site plan review permit including, but not limited to, weed abatement, graffiti abatement, and such other conditions as the site plan review committee determines is appropriate.

Off-Street Parking See Chapter 20.38

Notes:

[1] Minimum of twenty (20) feet required when abutting a residential zoning district.

[2] Minimum of thirty-five (35) feet required when across from a residential zoning district.

[3] Only applies when directly adjacent to residential zones. Exceptions to the height limitations in those cases may be granted by the site plan review committee.

Figure 20.10-1 Commercial Development Standards

==> picture [440 x 244] intentionally omitted <==

E.

Development Guidelines for the C-C (Regional Centers Only) and B-P Zoning Districts. The city shall consider the following guidelines when reviewing development project applications in the C-C (for regional centers only, outside of the downtown C-C district) and B-P Zoning Districts:

1.

Site Design.

a.

All buildings should relate visually to one another and appear to be part of a unified design theme.

b.

Larger buildings should be broken down into a group of buildings clustered into traditional building compounds or campus configurations.

c.

When multiple structures are proposed as part of a single project, the structures shall be designed to appear as part of an integrated complex within a unified site design and architectural characteristics.

d.

Building entries should be located so that they are easily identifiable. Each project should provide a welldefined entry sequence for pedestrian and vehicular uses from the street to the building.

2.

Building Design.

a.

Buildings shall feature quality design and architectural interest that enhances the aesthetics of the site and general vicinity.

b.

New development should include a variety of building types and designs in addition to the concrete tilt-up type construction which is often used.

c.

Buildings should appear to be of a pedestrian scale. Pedestrian scale building design can be achieved

through outdoor patios; awnings, overhangs, and trellises; changes in building massing; changes in building materials and colors; defined building facades with an identifiable base, middle, and top; and other similar features.

3.

Landscaping.

a.

Development projects shall provide adequate, sustainable, drought-tolerant landscaping to enhance the appearance of buildings and provide an attractive environment for employees and the general public.

b.

Landscaping should provide an aesthetically pleasing transition between the building and adjacent sidewalks or pedestrian paths. Landscaping should soften the visual impact of buildings when viewed from the street, parking areas, or adjacent properties.

c.

Landscaping shall be provided along street frontage to provide visual interest, support a unifying character to the street, incorporate on-site storm drainage facilities, and enhance the appearance of individual developments. Landscape elements should be coordinated with adjacent properties to provide a compatible visual character.

Parking.

a.

In order to reduce public views of parking areas, a significant amount of a development's parking area should be located beside or behind the building that it serves.

b.

Surface parking areas should be divided into smaller units to decrease visual impacts associated with large expanses of pavement and vehicles.

c.

Parking areas shall include designated pedestrian access to building entrances.

d.

Visual screening shall be provided for parking areas that can be viewed from adjacent development sites or from public streets. Screening may be in the form of trees and shrubs and/or landscaped berms.

5.

Pedestrian Circulation.

a.

Sidewalks and pathways shall be provided to accommodate pedestrian circulation from parking areas to buildings, between buildings, and to plazas, open spaces, and other outdoor amenities. This pedestrian network should enhance a campus-like appearance of the development site and functional awnings should be added to protect pedestrians from the rain when walking along building frontages of businesses which about each other.

b.

Pedestrian systems should be physically separated from vehicular circulation as much as possible. Areas where the two (2) systems cross or are physically adjacent should be minimized to reduce traffic hazards and make the pedestrian system more efficient, pleasant, and visually attractive.

c.

Intersections where pedestrian routes cross vehicular circulation shall be clearly marked for visual identification by both motorists and pedestrians.

6.

Service Areas.

a.

Loading and service dock areas should be located to the rear or sides of buildings and away from main building entrances and other high visibility areas.

b.

Loading and service docks, truck areas, and outdoor storage areas, shall be screened from public view.

c.

Service areas should be visually unobtrusive and integrated with each building's architecture and site design.

7.

Utilities and Backflow Preventers.

a.

Utility cabinets and meters shall be contained within the building or otherwise fully screened.

b.

Backflow prevention devices shall be fully screened from public view through the use of landscaping, berms, low walls, or other screening techniques.

8.

Waste Storage.

a.

Trash bins shall be located within a trash enclosure at all times and screened from public view. Gates shall remain closed and secured except during pick-up.

b.

Trash enclosures should be located away from main entry driveways if feasible.

c.

Trash enclosures shall be constructed of durable materials with color, texture, and architectural detailing that is consistent with the overall site and building design.

d.

No materials, supplies, equipment, service vehicles, finished or semi-finished products, raw materials, or articles of similar nature shall be stored or permitted to remain outside of buildings or be visible from adjacent properties or adjoining streets.

Signs and Lighting.

a.

All signs and exterior lighting shall be designed to support a unified design theme within a development area.

b.

Multiple-tenant buildings and complexes shall develop a master sign program that supports a unified design theme within a development area. The master sign program, to be approved by the planning commission, site plan review committee, or through an administrative conditional use permit for signs, shall establish requirements for consistent use of sign materials, location, size, height, color, and lighting.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.12 - INDUSTRIAL ZONING DISTRICTS

20.12.010 - Purpose of the industrial zoning districts.

A.

Light Industrial (I-L). The I-L zoning district provides areas for manufacturing, wholesale, and storage activities that meet city standards to ensure compatibility with surrounding areas and that maintain and strengthen the economic base of the city. I-L districts shall have a minimum size of five (5) acres.

B.

Heavy Industrial (I-H). The I-H zoning district provides areas for a full range of industrial land uses, including operations that necessitate the storage of hazardous or unsightly materials, and encourages sound industrial development by providing and protecting an environment exclusively to insure the protection of surrounding areas. I-H districts shall have a minimum size of ten (10) acres.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.12.020 - Land use regulations for industrial zoning districts.

A.

Permitted Uses. Table 20.12-1 identifies land uses permitted in industrial zoning districts.

Notes:

[1] A site plan review permit may be required per Chapter 20.32 (Interface Regulations) regardless of the uses shown in Table 20.12-1.

[2] Limited to fitness, gymnastics, and other similar recreational sports and health facilities.

[3] Permitted only as an ancillary showroom use for goods manufactured onsite, not to occupy more than ten (10) percent of the total building floor area unless a site plan review permit is obtained for additional floor area.

[4] May be permitted only as an ancillary use to serve employees, not to occupy more than two thousand five hundred (2,500) square feet with no outside advertising, unless a conditional use permit is obtained.

[5] Limited to fleet operations only.

[6] All manufacturing of materials listed in the Section 20.12.020.B is prohibited unless the planning commission determines otherwise through a conditional use permit.

---

B.

Prohibited Uses. The manufacturing of the following materials are prohibited unless the planning commission determines otherwise through a conditional use permit process.

1.

Asphalt, cement, charcoal, and fuel briquettes.

2.

Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of an explosive nature, potash, pyroxylin, rayon yarn, and hydrochloric, nitric phosphoric, picric, and sulphuric acids.

3.

Coal, coke, and tar products, including use in other manufacturing; explosives, fertilizers, gelatin, animal glue, and size.

4.

Turpentine, matches, and other than water-based paint.

5.

Rubber and soaps, including fat rendering.

Flour mill.

7.

Processing of nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil, distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins.

8.

Stockyards or slaughterhouses, except for poultry, animal feed or sales yard, fertilizer yard; slag piles.

9.

Storage of fireworks or explosives, except where incidental to a permitted use.

10.

Any other use which is determined by the planning commission to be of the same general character as the above uses.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2480, § 4, 12-4-2017)

20.12.030 - Development standards for industrial zoning districts.

A.

General Standards. Table 20.12-2 identifies development standards that apply to all parcels and structures located in industrial and manufacturing zoning districts. See Figure 20.12-1.

Figure 20.12-1 Industrial Development Standards

==> picture [324 x 161] intentionally omitted <==

Notes:

[1] When a parcel is located on a block with forty (40) percent of the parcels occupied by structures with exterior yards of less than fifteen (15) feet, the minimum setback shall be equal to the average exterior setback of structures on the block.

[2] Interior yards less than twenty (20) feet are permitted for building in compliance with the Fire Code with approval of a site plan review permit.

[3] The maximum height of industrial structures when directly adjacent to residential zones will be established with the site plan review permit/interface process, based on impacts to the adjacent residential uses. Industrial structures shall also comply with the Merced County Airport Land Use Compatibility Plan.

B.

Industrial Buffer Yards.

1.

Industrial Buffer Yard Defined. An industrial buffer yard is an area of plantings and walls that shields neighboring residential properties from negative impacts created by industrial land uses.

a.

When Required. An industrial buffer yard is required for any development within an industrial zone that is adjacent to a residential zone.

b.

Buffer Yard Standards.

(1)

Industrial buffer yards shall be located along the outer perimeter of a property line abutting a residential zone. See Figure 20.12-2.

(2)

Residential side of the wall shall be landscaped and maintained by the property owner of the industrial use.

(3)

The minimum width of an industrial buffer yard shall be twenty-five (25) feet.

(4)

Industrial buffer yards shall include a solid masonry or equivalent wall no less than six (6) feet in height.

(5)

Industrial buffer yards shall be planted with a mix of drought-tolerant, deciduous and evergreen trees and shrubs of suitable type, size, and spacing to achieve screening year-round.

(6)

All plantings within an industrial buffer yard shall be maintained in a manner consistent with landscaping maintenance standards in Chapter 20.36 (Landscaping).

(7)

Paved surfaces, except sidewalks, shall be prohibited within industrial buffer yards. Buffer yards shall not be used for parking, driveways, trash enclosures, building areas, or any other activity associated with the primary use on the property.

Figure 20.12-2 Industrial Buffer Yards

==> picture [313 x 208] intentionally omitted <==

C.

Performance Standards. All land uses and structures in the industrial zones shall comply with the following performance standards. Applicants are responsible for providing compliance evidence for all applicable performance standards.

1.

Noise.

a.

Maximum Exposure. No operation or activity shall transmit any noise exceeding 70 dBA between 7:00 a.m. and 9:00 p.m. and 60 dBA between 9:00 p.m. and 7:00 a.m. beyond the property line. Any uses abutting

residential zoning shall not transmit any noise between 10:00 p.m. and 7:00 a.m. beyond the property line. If any operation or activity proposed exceeds the maximum decibel level stated in this section, the applicant must submit a plan to mitigate noise in order to obtain building permits.

b.

Exceptions. Upon written application from the owner or operator of an industrial or commercial noise source, the review authority, as part of a permit approval, may conditionally authorize exceptions to local noise emission standards, including the times of day described in "a" above, based upon analysis supported by the department of development services, in the following situations:

(1)

Infrequent noise;

(2)

Noise levels at or anywhere beyond the property lines of the property of origin when exceeded by an exempt noise in the same location; and

(3)

If, after applying best available control technology, a use existing prior to the effective date of this zoning ordinance is unable to conform to the standards established by this section.

2.

Vibration. No ground vibration, excluding vibration generated from motor vehicles, which is discernible by human senses for more than tree (3) minutes or more duration in any 1 (one) hour, is permitted beyond the property line.

3.

Odor. No objectionable odor or noxious gas emission which is discernible at any point beyond the property line is permitted.

4.

Air Quality. All uses shall comply with applicable local, state, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not limited to, emissions of suspended particles, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes.

5.

Heat. No use shall generate heat so that increased ambient air temperature or radiant heat is measurable at any exterior lot line.

6.

Radioactivity. No radiation of any kind shall be emitted in quantities which are dangerous to humans.

Industrial Waste.

a.

All uses are prohibited from discharging liquid, solid, toxic, or hazardous wastes onto or into the ground and into streams, lakes, or rivers. Discharge into a public or private waste disposal system in compliance with applicable local, state, and federal laws and regulations is permitted.

b.

Wastes detrimental to a public sewer system or a sewage treatment plant shall not be discharged to a public sewer system unless they have been pretreated to the degree required by the authority having jurisdiction over the sewerage system.

c.

The handling and storage of hazardous materials, the discharge of hazardous materials into the air and water, and the disposal of hazardous waste in connection with all uses shall be in conformance with all applicable local, state, and federal regulations.

d.

All burning of waste materials accessory to any use shall comply with the San Joaquin Valley Air Pollution Control District rules and regulations.

e.

The disposal or dumping of solid wastes accessory to any use, including, but not limited to, slag, paper, and fiber wastes or other industrial wastes, shall be in compliance with applicable local, state, and federal laws and regulations.

8.

Exterior Lighting. Direct light shall not extend beyond a property line into a lot occupied by a single-family home. Lighting shall not create a source of glare visible from a neighboring single-family home. The minimum illumination level for area intended shall be one (1) foot candle.

9.

Electromagnetic Interference. Devices which generate electromagnetic interference shall not cause interference with any activity outside the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations.

10.

Fire and Explosive Hazards. All uses involving the use or storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with all applicable local, state, and federal safety standards

and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment in accordance with the requirements of the fire marshal.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.14 - DOWNTOWN ZONING DISTRICTS

Sections:

A.

Downtown Core (D-COR). The purpose of the D-COR zoning district is to maintain and enhance a vibrant downtown core with a diversity of land uses. The D-COR zoning district supports downtown as a

destination for arts, entertainment, retail, and dining uses, with housing that contributes to the vitality of the area. The design of development helps to create a pedestrian-friendly environment and an active public realm. A mixture of land uses and higher intensity development supports transportation options, including walking, bicycling, and use of transit.

B.

Downtown Office (D-O). The purpose of the D-O zoning district is to accommodate a concentration of office uses that support a vibrant and dynamic downtown. The D-O zoning district accommodates a variety of land uses, including personal services in addition to office uses. In the D-O zoning district buildings are designed to support an active and inviting public realm. The D-O zoning district creates an attractive environment for businesses and employers that enhances the economic vitality of the community. The D-O zoning district also serves as a buffer between more intensive development in the D-COR zoning district and surrounding residential neighborhoods.

C.

Downtown Commercial (D-CM). The purpose of the D-CM zoning district is to encourage growth and investment in commercial areas adjacent to Merced's downtown core. New development in the D-CM zoning district will provide amenities for adjacent residential neighborhoods and enhance the appearance of gateways into downtown. Development supports a pedestrian-friendly environment with buildings located near the front sidewalk and parking located to the side or rear. A variety of land uses, including residential, commercial, and office, contribute to an active and inviting environment.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Permitted Uses. Table 20.14-1 identifies land uses permitted in downtown zoning districts.

Table 20.14-1 Permitted Land Uses in the Downtown Zoning Districts

Notes:

[1] A site plan review permit may be required per Chapter 20.32 (Interface Regulations) regardless of the uses shown in Table 20.14-1.

[2] Residential use on the ground floor is prohibited unless it is located on the back of the property where it is not visible or approved with a conditional use permit.

[3] Prohibited as a single use unless approved with a conditional use permit. Permitted as part of a residential mixed-use project.

[4] Prohibited in the city center area between 19[th ] and 16[th ] Streets and O Street and Martin Luther King, Jr. Way, including properties fronting on either side of each of the above streets.

[5] Rehabilitation centers for drug, methadone, and alcohol are prohibited.

[6] A conditional use permit is required for new and used vehicle sales but only in small showrooms, not large parking lots.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Parcel Dimensions and Intensity. Table 20.14-2 identifies required parcel dimensions and maximum development intensity standards in the downtown zoning districts.

B.

Building Form and Placement.

1.

Basic Standards. Table 20.14-3 identifies building form and placement standards in the downtown zoning districts. See Figure 20.14-1.

Notes:

[1] Ten (10) feet min. from property line adjacent to a single-family home.

[2] Fifteen (15) feet min. from property line adjacent to a single-family home.

[3] Height limits only apply where directly adjacent to residential zones and in those cases, exceptions to the height limitations may be granted by the site plan review committee.

2.

Increased Exterior Setbacks. In exception to Table 20.14-3 above, a maximum of forty (40) percent of the building frontage may be set back up to twenty-five (25) feet from an exterior property line to provide a space for public and semi-public amenities such courtyards or outdoor seating areas with the approval of a minor use permit. See Ⓖ in Figure 20.14-1.

Figure 20.14-1 Downtown Development Standards

==> picture [441 x 309] intentionally omitted <==

C.

Parking (Only applies in D-COR zone). Exceptions to the following standards (C1, C2, C3, & C4) may be granted by the director of development services through the issuance of a minor use permit.

1.

Location.

a.

Surface parking shall be located only to the rear or side of buildings, unless approved with a minor use permit. See Figure 20.14-2. Surface parking is only allowed towards the back of the building with access on alleys and screening, which would block visibility of a surface parking lot from the exterior streets, unless otherwise approved with a minor use permit.

b.

Parking completely or partially underground may match the setbacks of the main building, but shall be screened from view.

2.

New Driveways. For parcels served by a rear alley, new driveways for vehicular access shall be off the alley only. New driveways off the front or side of the parcel may be approved with a minor use permit. To approve the minor use permit, the director of development services must make the following findings:

a.

The driveway is necessary to provide vehicle access to the property.

b.

The design and placement of the new driveway minimizes impacts on pedestrians to the greatest extent possible.

Figure 20.14-2 Downtown Parking Location and Buffers

==> picture [368 x 288] intentionally omitted <==

3.

Buffers and Screening.

a.

Surface parking located adjacent to an exterior property line shall be screened along the public right-ofway with a decorative wall, hedge, trellis, or landscaping at least three (3) feet in height. See Figure 20.14-2.

b.

A landscaped buffer at least three (3) feet wide and six (6) feet tall shall be located for any surface parking adjacent to a single-family home. See Figure 20.14-2.

4.

Parking Structure Design.

a.

All exterior walls of parking structures shall feature materials that maintain a common architectural character with the structure served by the parking structure.

b.

Parking structure facades shall be broken-up through the use of textured concrete on exterior walls, the incorporation of planters and trellises at each parking level, and other architectural treatments to minimize large blank walls without architectural relief.

c.

Parked vehicles at each level within the structure shall be shielded from view from adjoining streets through the use of architectural appurtenances and landscaping.

D.

Street-Level Building Design (Only applies in the D-COR zone). Exceptions to the following standards (D1, D2, D3, & D4) may be granted by the director of development services through the issuance of a minor use permit.

1.

Building Orientation. Buildings shall be oriented towards a public street with the primary entrance to the site or building directly accessible from an adjacent sidewalk. The director of development services may allow buildings and their primary entrances to be oriented toward a public space. The primary entrance to a building shall not be oriented towards surface parking. See Figure 20.14-3.

Figure 20.14-3 Building Orientation

==> picture [369 x 256] intentionally omitted <==

Blank Walls. The maximum length of an unarticulated/blank building wall shall be ten (10) feet in the D-COR zoning district, and twenty-five (25) feet for all other downtown zoning districts, unless otherwise approved with a minor use permit. Architectural articulation shall have similar pattern as other adjacent buildings to provide cohesive design in the neighborhood. See Ⓗ in Figure 20.14-4. Building articulation may be provided by:

a.

Doors, windows, and other building openings;

b.

Building projections or recesses, doorway and window trim, artwork displays, and other details that provide architectural articulation and design interest;

c.

Varying wall planes, heights or contrasting materials and colors; and,

d.

Awnings, canopies, or arcades to reinforce the pedestrian scale and provide shade and cover from the elements.

Figure 20.14-4 Downtown Blank Wall and Storefront Width

==> picture [338 x 223] intentionally omitted <==

3.

Storefront Width. The maximum building/storefront width in the D-COR zoning district shall be fifty (50) feet and one hundred (100) feet in all other downtown zoning districts, unless otherwise approved through a minor use permit. Larger buildings shall be broken down into a pedestrian-scale rhythm with individual building bay width of twenty-five (25) to fifty (50) feet. See Ⓘ in Figure 20.14-4.

Ground Floor Building Transparency.

a.

The ground floor street-facing building walls of nonresidential uses shall provide transparent windows or doors with views into the building for a minimum of forty (40) percent of the building frontage located between two and one-half (2½) and seven (7) feet above the sidewalk. Fifty (50) percent of the transparent windows or doors area shall remain clear to allow views into the building. See Figure 20.14-5.

Figure 20.14-5 Downtown Ground Floor Building Transparency

==> picture [291 x 154] intentionally omitted <==

b.

Exceptions to this transparency requirement may be allowed with a minor use permit if the director of development services finds that:

(1)

The proposed use has unique operational characteristics which preclude building openings, such as for a cinema or theater; and,

(2)

Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping or artwork in such a way as to create visual interest at the pedestrian level.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.16 - URBAN VILLAGE ZONING DISTRICTS

20.16.010 - Purpose of the urban village zoning districts.

A.

General. The urban village zoning districts are intended to promote the development of high quality neighborhoods in new growth areas of Merced. These neighborhoods are characterized by a mixture of land uses that enable residents to easily walk and bike to a variety of destinations. A diversity of housing types, including single-family homes and multi-family housing, expand affordable housing options for all income levels. A network of interconnected streets allows for safe and convenient circulation that minimizes

traffic congestion on major roadways. The location, type, and intensity of new development support increased transit use and expands transportation options for residents and workers. Development in the urban villages zoning districts supports a high quality design environment with a distinctive sense of place enjoyed by residents, workers, and visitors.

The urban village zoning districts implement the urban village concept in the general plan. This concept envisions urban villages consisting of three (3) components: A commercial or mixed-use commercial core, an inner village residential area, and an outer village residential area. The basic form of the urban village concept is illustrated in Figure 20.16-1.

B.

Inner Village Residential (R-IV). The R-IV zoning district allows for higher density residential development within an urban village. The R-IV zoning district accommodates a range of housing types, including apartments, townhomes, and other forms of multi-family housing. The R-IV zoning district supports higher density housing located in close proximity to transit, employment uses, and commercial areas. The R-IV zoning district also may function as a buffer between village commercial areas and surrounding lowerdensity residential neighborhoods.

C.

Outer Village Residential (R-OV). The R-OV zoning district allows for lower density residential uses within an urban village. Typical housing types within the R-OV zoning district include single-family homes, duplex homes, and second units. The R-OV zoning district accommodates single-family neighborhoods located in close proximity to public amenities such as parks and schools as well as neighborhood-serving retail and service uses.

D.

Village Commercial (C-V). The C-V zoning district functions as the center of activity within an urban village. The C-V zoning district accommodates a diversity of land uses, including commercial, residential, and civic uses. Development in the C-V zoning district supports a pedestrian-friendly environment and encourages the use of transit. Local streets, sidewalks, and bicycle paths provide safe and convenient access to the C- V zoning district from surrounding residential neighborhoods. The C-V zoning district meets the day-to-day shopping needs of area residents and provides a central gathering place for the use and enjoyment of surrounding neighborhoods.

Figure 20.16-1 Urban Village Concept (Sample Layout)

==> picture [459 x 267] intentionally omitted <==

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.16.020 - Land use regulations for the urban village zoning districts.

A.

Table 20.16-1 identifies land uses permitted in the urban village zoning districts.

Notes:

[1] Prohibited as a single use unless approved with a conditional use permit. Permitted as part of a residential mixed-use project.

[2] All activities, including the overnight boarding of animals, shall occur indoors.

[3] Must meet minimum density requirements of ten (10) dwelling units/acre.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2502, § 3, 8-19-19)

20.16.030 - Development standards/guidelines for urban village zoning districts.

A.

Development Standards. Table 20.16-2 identifies development standards that apply in the urban village zoning districts.

Notes:

[1] Porches may be setback a minimum of ten (10) feet from the front property line.

[2] Ten (10) feet min. from property line adjacent to a single-family home.

[3] Height limit only applies where directly adjacent to residential zones. In those cases, an increase in height may be approved with a site plan review permit.

B.

Additional Standards and Guidelines. Proposed projects within urban village zoning districts shall comply with the following additional standards and guidelines. Further guidance for residential and commercial development within urban villages is provided in Chapter 6—Urban Design of the Merced Vision 2030 General Plan.

1.

Land Use and Intensity.

a.

R-OV zoning districts shall be located no more than one (1) mile from a neighborhood-serving commercial use or a C-V zoning district.

b.

R-IV zoning districts shall be located within a one-fourth (¼) mile walking distance of a neighborhoodserving commercial use or a C-V zoning district.

c.

The average minimum density of all residential uses shall be no less than four (4) du/acre for the R-OV zoning district and ten (10) du/acre for the R-IV zoning district.

2.

Transportation Options.

a.

R-IV zoning districts shall be located within one-fourth (¼) mile of an existing or planned bus service.

b.

R-OV and R-IV zoning districts shall have direct access to a neighborhood-serving commercial zoning district without having to cross a street designated as a "Minor Arterial" or higher order street.

3.

Housing. Each R-IV zoning district shall allow for the development of the following housing types with no single housing type making up more than fifty (50) percent of the total number of housing units in the zoning district.

a.

Single-family homes on lots of four thousand five hundred (4,500) square feet or smaller.

b.

Second units

c.

Duplexes

d.

Multi-family dwellings

e.

Live/Work Units

f.

Single-Room Occupancy (SRO) units

4.

Street Network.

a.

A network of interconnected collector and local streets shall provide direct connections into the C-V zoning district from the R-OV and R-IV zoning districts. In no case shall trips to internal destinations within a square mile area bound by arterials be forced onto an arterial street.

b.

Interconnected pedestrian and bicycle paths shall be provided throughout the C-V, R-IV, and R-OV zoning districts.

c.

Bicycle/pedestrian connections are provided at the end of at least fifty (50) percent of all cul-de-sacs.

d.

A minimum of fifty (50) percent of all blocks within an R-OV or R-IV zoning district shall be no more than five hundred (500) feet in length.

5.

Village Commercial Guidelines. The following guidelines shall apply in the C-V zoning district only.

a.

The principal entry of the building should front a public space, such as a street, park, or plaza, and not a parking lot. Buildings should be as close to the sidewalk as possible to promote a walkable environment.

b.

There should be no instances of surface parking located between a building and an exterior property line.

c.

There should be no unarticulated/blank building walls exceeding twenty-five (25) feet in length facing a collector or higher order street.

d.

All ground-floor building walls of nonresidential uses that face a collector or higher order street should provide transparent windows or doors with views into the building for a minimum of fifty (50) percent of the building width.

e.

Mixed use, office, and residential uses are encouraged on the upper stories of commercial buildings within the C-V zoning district.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.18 - PUBLIC USE AND AGRICULTURAL ZONING DISTRICTS

20.18.010 - Purpose of the public use and agricultural zoning districts.

A.

Parks and Open Space (P-OS). The P-OS zoning district provides areas for public parks and recreational facilities to serve existing and future residents.

B.

Public Facility (P-F). The P-F zoning district provides areas for land uses and facilities owned and operated by governmental agencies.

C.

Public Parking District (P-PK). The P-PK zoning district provides a location for parking lots that are available for use by the public at no cost for minimum periods of time in each 24-hour period.

D.

Agriculture (A-G). The A-G zoning district provides space for continued agricultural uses within the City of Merced's City limits. This zone replaces the previous A-1-20 zoning district and applies to all land zoned A- 1-20 within the city. Minimum size of an A-G district is twenty (20) acres.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.18.020 - Land use regulations for the public use and agricultural zoning districts.

A.

Permitted Land Uses. Table 20.18-1 identifies land uses permitted in the public use and agricultural zoning districts.

Notes:

[1] Permitted only as part of a larger park or recreation use.

[2] Permitted only when associated with an agricultural use which constitutes the primary use on the property.

[3] Permitted only when part of a multistory structure that provides on-site public parking area equal to or greater than the square footage of the parcel minus the required setbacks and driveway approaches.

[4] Permitted uses only include outdoor recreational facilities with minor improvements and public stables for riding academies, which is subject to animal density requirement.

[5] Minimum of fifty-five (55) percent of the parking space are available for use by the public at no charge for a minimum of four (4) hours during every 24-hour period; and a maximum of forty-five (45) percent of the parking spaces are available for lease to neighboring businesses to meet the parking requirements for those businesses.

[6] Limited to one (1) stand for the display and sale of produce raised on the premises. More than one (1) stand may be allowed upon approval of a site plan review permit.

[7] Conditional use only includes packing facilities of products raised on the premises.

[8] Fast-food restaurants prohibited.

[9] The use must conform with the regulations in Merced Municipal Code Chapter 6.04 (Animal Control).

[10 Conditional use permit is required only for the water storage and reservoir for the agricultural uses; minor use permit is required for all other uses.

[11 Also applies to land zoned A-1-20.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General Standards. Table 20.18-2 identifies development standards that apply to all parcels and structures located in public use and agricultural zoning districts.

Table 20.18-2 Development Standards for Public Use and Agricultural Zoning Districts

Notes:

[1] Minimum required setbacks shall be the same as the abutting zoning district. Multiple setback standards may be applied to different parts of the lot if multiple zoning districts are adjacent.

[2] Fifteen (15) feet of setback required if adjacent to a residential zoning district and/or use.

[3] Minimum separation requirement shall apply between dwelling units, between dwelling unit and building for agricultural use, and between buildings for agricultural use.

[4] Also applies to land zoned A-1-20.

[5] Increases in height may be approved by a site plan review permit.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.20 - SPECIAL USE ZONING DISTRICTS

A.

Purpose. The purpose of the U-T zoning district is to allow the lawful continuation of land uses on land that is annexed to the city but not proposed for immediate urban development.

B.

Land Use Regulations. The following land uses shall be permitted in the U-T zoning district:

1.

Any legally established and operated use in full compliance with the Merced County Code existing at time of the annexation of the property to the city.

2.

New agriculture uses, but not including hog raising, if such uses are in compliance with all other laws and ordinances, provided there is no retail sale of products on the premises.

Large and small residential day care facilities.

4.

Home occupations.

C.

Development Standards. Structures within the U-T zoning district shall comply with the applicable county development standards in effect at the time of annexation, except as provided below.

1.

Height. Buildings shall not exceed a height of forty (40) feet for principal buildings and twenty-five (25) feet for accessory buildings, except that these heights may be exceeded by any legal buildings as they existed at the time of annexation.

2.

Yards. The required yards that existed for the subject lot at the time of annexation to the city shall be the minimum required yard areas, except for new or enlarged accessory buildings of a legally permitted primary use and dwelling units, which may have a minimum exterior yard area of twenty (20) feet and a minimum interior yard area of ten (10) feet.

3.

Residential Density. Except for accessory dwelling units permitted under Chapter 20.42 (Accessory Dwelling Units), residential density of the lot may not be increased.

D.

Existing Land Uses.

1.

Land in the U-T zoning district may continue with any legal and lawful use that existed in the county without time limit. However, this authority to continue such uses is not intended to legalize uses or structures operating or existing contrary to the terms of any other law or ordinance.

2.

Any major expansion in use, density, or other measurement of size or intensity shall require a change to a zoning district other than the U-T zoning district. The director of development services shall determine whether a proposed change to an existing use will require a change to a zoning district other than the U-T zoning district.

E.

Annexation Requirements. At the time of annexation, the property owner shall submit a written statement and site plan on a form provided by the city that describes the use, height, area, lot, yard, and parking

characteristics of the subject property. Those characteristics that were legally established and existing in the county at the time of annexation will be permitted to continue in the city within the U-T district upon annexation. A record of these property characteristics will be established and will become part of the U-T zoning district for the subject property. If the property owner does not submit the written statement and site plan as required by this section, then the city may prepare its own written statement in order to complete the zoning process upon annexation.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2502, § 4, 8-19-19)

20.20.020 - Planned Development (P-D) zoning districts.

A.

Purpose. The purpose of the planned development (P-D) zoning districts is to allow for high quality development that deviates from standards and regulations applicable to other zoning districts within Merced. The planned development zoning districts are intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts. The planned development zoning districts are also intended to ensure project consistency with the general plan. Planned development zoning districts provide land owners with enhanced flexibility to take advantage of unique site characteristics to develop projects that will provide public benefits for residents, employees, and visitors to Merced.

B.

Types of PD Zoning Districts. There are two (2) types of planned development zoning districts: The planned development (P-D) zoning district and the residential planned development (RP-D) zoning district. The RPD zoning district is identical to the P-D zoning district except that only residential land uses are permitted in the RP-D zoning district and a larger project size is required for the P-D zoning district.

C.

Permitted Land Uses. In all planned development zoning districts, permitted land uses shall conform to the applicable general plan designation, provided that such land uses are shown on the official site utilization plan for the particular P-D zone as approved by the city council, and except that in the RP-D zoning district, only residential land uses shall be permitted.

D.

Minimum Project Size. Minimum project size in the planned development zoning districts shall be as follows:

1.

Planned Development (P-D) zoning district: Three (3) acres minimum.

2.

Residential Planned Development (RP-D) zoning district: Ten thousand (10,000) square feet minimum.

Planned development projects located within the area shown in Figure 20.20-1 shall be exempt from these minimum project size requirements.

E.

Pre-Application Conference. Prospective applicants are encouraged to request a pre-application conference with the planning division before completing and filing an application for the establishment of a planned development or a revision to a planned development. At the pre-application conference, prospective applicants shall describe the general concepts of the development project, including site layout, land uses, standards, circulation, and other information necessary to describe key aspects of the project. The planning division shall provide preliminary feedback on the described development project relative to project consistency with city policies. The planning division shall also review with the prospective applicant submittal requirements and the process for application review and action by the planning commission and city council.

F.

Application Submittal. An application for a planned development establishment or revision shall be filed in compliance with Chapter 20.66 (Permit Application and Review). The application shall include the information and materials specified by the planning division, in addition to the materials required for approval of a preliminary site utilization plan, as described below.

Figure 20.20-1 Areas with No Minimum Project Size Requirement for Planned Development

==> picture [479 x 317] intentionally omitted <==

G.

Preliminary Site Utilization Plan. Applications for approval of a preliminary site utilization plan (preliminary SUP) shall include the following materials:

1.

Project Description. The applicant shall provide a written description of the project proposed within the planned development zoning district. The project description shall include a narrative statement of the project's objectives and a statement of how the proposed project will comply with general plan goals and policies for the land use designation of the project site. The project description may also include a diagram illustrating the proposed project.

2.

Site Map. The application shall include maps depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The map shall show the proposed planned development zoning district zone boundaries and all properties within five hundred (500) feet of the site boundary. The map shall be accompanied by a description of the type and condition of mature trees.

3.

Site Utilization Plan (SUP). The applicant shall provide an overall diagram of the site utilization. This diagram shall illustrate the overall development concept, including proposed land uses, buildings, circulation, transit facilities, landscaping, open space, and any other significant elements in the proposed site. Phases shall be clearly indicated if multiple phases are proposed.

4.

Parcel or Subdivision Map. If the project within the proposed planned development zoning district zone involves the subdivision of land, the application shall include a tentative parcel map or tentative subdivision map as required by Title 18 (Subdivisions) of the Merced Municipal Code.

5.

Infrastructure. The application shall include a written description of the infrastructure necessary to serve each phase of the project proposed within the planned development zoning district.

6.

Special Provisions for Planned Development Prezoning at Annexation. For applications for planned development prezoning prior to annexation to the city, the director of development services may waive or defer any or all of the above requirements for the preliminary site utilization plan as long as the final site utilization plan contains all the above requirements in addition to the requirements in Section 20.20.020.M when approved prior to development.

H.

Planning Commission Review and Recommendation.

1.

The planning commission shall hold a public hearing on the planned development establishment or revision application as required by Chapter 20.80 (Zoning Ordinance Amendments). The planning commission shall consider the full application at this hearing, including the preliminary site utilization plan.

2.

The planning commission shall forward a written recommendation, and reasons for the recommendation, on the proposed planned development establishment or revision and preliminary site utilization plan to the city council. The recommendation shall be based on the findings in subsection J (Findings), in addition to the zoning ordinance map amendment findings specified in Section 20.80.060 (Findings and Decision).

I.

City Council Review and Decision. Upon receipt of the planning commission's recommendation, the city council shall conduct a public hearing and either approve, approve in modified form, or deny the planned development establishment or revision and preliminary site utilization plan. The city council may approve the application only if all of the findings in subsection J (Findings) below can be made, in addition to the zoning ordinance map amendment findings specified in Section 20.80.060 (Findings and Decision).

J.

Findings. The city council may approve an application for planned development establishment or revision with accompanying preliminary site utilization plan only if all of the following findings can be made:

1.

The proposed development is consistent with the goals, policies, and actions of the general plan and any applicable specific plan and community plan.

2.

The site for the proposed development is adequate in size and shape to accommodate proposed land uses.

3.

The site for the proposed development has adequate access considering the limitations of existing and planned streets and highways.

4.

Adequate public services exist or will be provided to serve the proposed development.

5.

The proposed development will not have a substantial adverse effect on surrounding property, will be compatible with the existing and planned land use character of the surrounding area, and will enhance the desirability of the area and have a beneficial effect.

6.

The proposed development carries out the intent of the planned development zoning district by providing a more efficient use of the land and an excellence of site design greater than that which could be achieved through the application of established zoning standards.

7.

Each individual unit of the proposed development, in each phase as well as the total development, can exist as an independent unit capable of creating a good environment in the locality and being in any stage as desirable and stable as the total development.

8.

Any deviation from the standard ordinance requirements is warranted by the design and additional amenities incorporated in the development plan, which offer certain unusual redeeming features to compensate for any deviations that may be permitted.

9.

The principles incorporated in the proposed development plan indicate certain unique or unusual features, which could not otherwise be achieved under the other zoning districts.

K.

Ordinance Approving the Development Plan. If the city council approves the establishment of a planned development zoning district, it shall do so by adoption of an ordinance and adoption by reference of the preliminary site utilization plan. The ordinance shall also include any other provisions that the city council finds to be necessary to constitute the regulations for use, property maintenance, and property improvement in the planned development zoning district.

L.

Effect of Site Utilization Plan. All proposed development and new land uses within a P-D zone shall comply with the approved site utilization plan. Land uses not shown on the site utilization plan are not permitted.

M.

Final Site Utilization Plan. Prior to or concurrent with applications for any building permits within a planned development zoning district, a final site utilization plan (final SUP) shall be approved by the site plan review committee, unless the director of development services determines that the final SUP should be referred to the planning commission for approval because of substantial modifications or more than three (3) years have passed since the preliminary SUP was adopted. The final site utilization plan shall include:

Land Use. The final site utilization plan shall include a map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed with a conditional use permit. Only those uses specifically listed above are allowed in the planned development, unless the uses are allowed in the zoning district that matches the P-D's General Plan Land Use Designation per Table 20.06-01.

2.

Subdivision Map. If the project involves the subdivision of land, the application shall include a tentative parcel map or tentative subdivision map as required by Title 18 (Subdivisions) of the Merced Municipal Code. The proposed parcels shall have, at least, minimum parcel area and minimum parcel dimensions.

3.

Circulation/Transit. The final site utilization plan shall include map and descriptions of the major circulation features within the site including vehicular, bicycle, pedestrian and transit facilities; traffic flow of internal traffic; and existing and proposed public streets and sidewalk improvements.

4.

Public Facilities and Open Space. The application shall include the amount (in square feet or acres) and percentage of site area that will be dedicated for all types of open space, including proposed recreational facilities and amenities; and any public facilities, including public utility easements, public buildings and public land uses. The map(s) with location and dimensions of each open space shall be also submitted.

5.

Development Standards. The final site utilization plan development standards shall identify all development standards that apply within the site, including parcel dimensions, density, setbacks, structure height, building architecture and design, parking, and landscaping requirements, which assures the suitable integration of the P-D into the neighborhood or area in which it is located. Applicable conditions of approval, mitigation measure, and terms of any development or legislative action agreement, where appropriate, shall be included. If no development standards are established, the standards of the zoning district that matches the P-D's General Plan Land Use Designation per Table 20.06-01 shall apply.

6.

Single-Family Residential Development Standards. The final site utilization plan shall demonstrate that all single-family residential development complies with the following standards:

a.

Garages. A minimum of twenty-five (25) percent of garages fronting a street shall have recessed doors (by at least one (1) foot) for dwelling units with the standard twenty (20) foot setback. A minimum of twenty-five (25) percent of the garages along a street shall have greater setbacks which are five (5) feet greater than the minimum setback for the remainder of the dwelling unit. No three-car garages are allowed for lots five

thousand (5,000) square feet or smaller, except on lots with alley access or lots exceeding sixty (60) feet in width.

b.

Elevations. Projects shall incorporate a variety of dwelling elevations. Varied setbacks, some two-story houses, front porches, bays and balconies are encouraged as ways of achieving variety; and windows, doors, non-recessed garage doors on the front elevation shall have raised trim in order to provide visual interest and relief.

c.

Neighborhood Compatibility. Projects shall be designed to be compatible with adjacent single-family residential neighborhoods. The director of development services shall consider the relationship of secondstory windows, doors, and balconies with the privacy of neighbors, and may require that these features be redesigned or omitted from second-story rear walls.

d.

Landscaping. Front yard shall contain landscaping, including trees, lawn, or other type of drought-tolerant groundcover, shrubs, and an irrigation system, to be installed prior to occupancy.

N.

Revisions to a Planned Development. A public hearing by the planning commission and city council shall be required prior to approval of significant revisions to the preliminary or final site utilization plan (SUP) which involve changes in land use, expansion or intensification of development or changes in the standards of development. The director of development services shall determine, on a case-by-case basis, those instances where a revision to the preliminary or final SUP is necessary, following the same procedure as the original application. Changes in an approved preliminary or final SUP which do not involve changes in land use, expansion or intensification of development or changes in the standards of development may be approved by the site plan review committee if such changes are consistent with the purposes, character, and conditions of the P-D.

O.

Minor Changes. Minor changes to an approved site utilization plan shall be approved as specified in Section 20.72.050 (Changes to an Approved Project).

P.

Identification. Each P-D zone shall be numbered, the first adopted being shown on the zoning map as "P-D (1)" and each zone subsequently adopted being numbered consecutively.

Q.

Individual Projects within a Planned Development. After the final SUP has been approved, individual projects within a planned development shall require a site plan review permit or minor use permit at the

discretion of the director of development services prior to development to address conformance with the final SUP.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2543, §§ 53—56, 9-6-2022)

Chapter 20.22 - OVERLAY ZONES

20.22.010 - Purpose of overlay zones.

A.

General. Overlay zones establish additional standards and regulations to specific areas, in addition to the requirements of the underlying base zoning district.

B.

Conflicts. Whenever a requirement of an overlay zone conflicts with a requirement of the underlying base zoning district, the overlay zone shall control. When two (2) or more overlay zone requirements conflict, the director of development services shall determine the appropriate requirement.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.22.020 - Airport environ (/AE) overlay zone.

A.

Purpose. The airport environs (/AE) overlay zone identifies areas in the City of Merced where additional requirements apply to ensure the compatibility of land uses and development with operations at the Merced Regional Airport.

B.

Applicability. The /AE overlay zone applies to land within the City of Merced designated as an airport influence area in the airport land use compatibility plan (ALUCP) for the environs of the Merced Regional Airport.

C.

Land Use Regulations. All development projects and land use actions proposed within the /AE overlay zone shall comply with the compatibility criteria specified in the ALUCP, excluding those criteria specifically overruled by the city council in a manner consistent with Public Resources Code Section 21676.

20.22.030 - High speed rail (/HSR) overlay zone. RESERVED 20.22.040 - Urban residential (/UR) overlay zone.

A.

Purpose. The /UR overlay zone is intended to encourage high quality residential development in Merced's downtown and other urban neighborhoods. The overlay zone identifies permitted residential building types that reflect the traditional scale and character of these neighborhoods. These building types are permitted

in addition to the use allowed by the underlying base zoning district. The /UR overlay zone increases choices for property owners and residents, promotes high quality design, and supports a vibrant and welcoming downtown area.

B.

Site Plan Review or Minor Use Permit Required. A site plan review or minor use permit shall be required per Table 20.22-1 for the construction of permitted residential building types that do not conform to the standards of the base zoning district.

C.

Building Types.

1.

Building Type Defined. A building type is a particular kind of structure with its own recognizable identity. Building types are defined primarily by their form (mass, scale, and design) with building function being of secondary importance.

2.

Permitted Building Types. Permitted residential building types in the /UR overlay zone are based on the underlying base zoning district. Table 20.22-1 (Permitted Residential Building Types) identifies permitted residential building types in the /UR overlay zone by residential zoning district.

D.

Development Standards.

1.

General. The development standards that apply to building types in the /UR overlay zone shall be as specified in this section. If the standards in this chapter conflict with the underlying base zoning district, this section shall govern.

2.

Standards for All Residential Building Types. Following standards shall apply to all permitted building types.

a.

Orientation. Front entrances to buildings shall face onto or be clearly visible from a public street or alley.

b.

Corner Lots. Buildings on corner lots shall feature well-articulated facades for each street frontage.

c.

Pathways. A pathway shall connect the adjacent public sidewalk to a building's front entry.

d.

Parking and Access.

(1)

Alley-Loaded Buildings. For buildings served by an alley, vehicle access to the lot is allowed only through the alley. When an alley is present, vehicle parking areas, including garages, carports, and surface parking spaces, shall be set back from the front lot line a minimum of fifty (50) percent of the total lot depth and screened from the public street. Utilities, above ground equipment, trash containers, and other services shall be accessed only through the alley.

(2)

Front-Loaded Buildings. For front-loaded buildings without an alley, vehicle parking area, including garages, carports, or surface parking spaces, shall be set back a minimum of five (5) feet from the front façade of the building.

3.

Standards for Individual Residential Building Types. Individual building types within the /UR overlay zone shall comply with standards described below. Diagrams of building types are for illustrative purposes only and do not establish or imply any requirements not specified in the text or tables of this section.

a.

Small Lot Single-Family Homes.

(1)

Definition. Small lot single-family homes are detached residential structure on a small lot. (This can include zero-lot line homes.)

Figure 20.22-1 Small Lot Single-Family Home Example

==> picture [283 x 228] intentionally omitted <==

(2)

Standards. Small lot single-family homes shall comply with the development standards shown in Table 20.22-2, unless otherwise approved through the minor use permit or site plan review permit process.

Notes:

[1] Front porches may be setback ten (10) feet from the front property line.

[2] The minimum rear setback shall be five (5) feet when abutting an alley.

b.

Carriage Homes.

(1)

Definition. An accessory dwelling unit located above a detached or semi-detached garage structure.

Figure 20.22-2 Carriage Homes Example

==> picture [295 x 246] intentionally omitted <==

(2)

Standards. Carriage homes shall comply with the development standards shown in Table 20.22-3, unless otherwise approved through the minor use permit or site plan review permit process.

Notes:

[1] Twenty (20) feet required for driveways.

c.

Side Yard Homes.

(1)

Definition. An alley-loaded single dwelling unit with one (1) active side yard.

Figure 20.22-3 Side Yard Homes Example

==> picture [206 x 197] intentionally omitted <==

(2)

Standards. Side yard homes shall comply with the development standards shown in Table 20.22-4, unless otherwise approved through the minor use permit or site plan review permit process.

(3)

Pedestrian Access. The main entry to a side yard house shall be through either the building façade facing the active side yard or the front street-facing façade.

(4)

Frontage. The building façade fronting the active side yard shall feature a porch; and the active side yard shall front the street on a corner lot.

d.

Duplexes, Triplexes, and Fourplexes.

(1)

Definition. A residential structure that contains two (2) to four (4) dwelling units that are either stacked or placed side-by-side and appear as a large single-family house.

Figure 20.22-4 Duplexes, Triplexes, and Fourplexes Example

==> picture [234 x 234] intentionally omitted <==

(2)

Standards. Duplexes, triplexes, and fourplexes shall comply with the development standards shown in Table 20.22-5, unless otherwise approved through the minor use permit or site plan review permit process.

;sz=8;Notes:

[1] The minimum rear setback shall be five (5) feet when abutting an alley.

e.

Rosewalk.

(1)

Definition. A grouping of detached dwelling units arranged in two (2) rows on either side of a common green.

Figure 20.22-5 Rosewalk Example

==> picture [293 x 242] intentionally omitted <==

(2)

Standards. Rosewalk shall comply with the development standards shown in Table 20.22-6, unless otherwise approved through the minor use permit or site plan review permit process.

f.

Bungalow Court.

(1)

Definition. A grouping of detached single-family homes arranged around a shared courtyard that is typically perpendicular to the street.

Figure 20.22-6 Bungalow Court Example

==> picture [256 x 211] intentionally omitted <==

(2)

Standards. Bungalow courts shall comply with the development standards shown in Table 20.22-7, unless otherwise approved through the minor use permit or site plan review permit process.

Notes:

[1] The minimum rear setback shall be five (5) feet when abutting an alley.

(3)

Pedestrian Access.

a)

The primary pedestrian entry to a bungalow court shall be provided from a public sidewalk adjacent to the central courtyard.

b)

The main entry to each unit shall face either the central courtyard or a public street.

(4)

Central Courtyard.

a)

The central courtyard shall be a shared space accessible to all building residents.

b)

Pathways shall be provided from each unit to the central courtyard and from the central courtyard to a public sidewalk adjacent to the site.

c)

The central courtyard shall be visible from the primary street frontage.

d)

The amount of impervious surface in central courtyard shall not exceed fifty (50) percent of the total courtyard area.

g.

Townhomes.

(1)

Definition. A single-family home attached to one (1) or more other single-family homes in a linear arrangement.

Figure 20.22-7 Townhomes Example

==> picture [298 x 245] intentionally omitted <==

(2)

Standards. Townhomes shall comply with the development standards shown in Table 20.22-8, unless otherwise approved through the minor use permit or site plan review permit process.

h.

Side Court Apartments.

(1)

Definition. A 2- to 3-story structure that contains multiple dwelling units and most of its dwelling units facing an active side yard.

Figure 20.22-9 Side Court Apartments Example

==> picture [247 x 218] intentionally omitted <==

(2)

Standards. Side court apartments shall comply with the development standards shown in Table 20.22-9, unless otherwise approved through the minor use permit or site plan review permit process.

a.

The side courtyard shall be a shared space accessible to all building residents.

b.

Pathways shall be provided from each unit to the side courtyard and from the side courtyard to a public sidewalk adjacent to the site.

Notes: [1] The minimum rear setback shall be five (5) feet when abutting an alley.

i.

Courtyard Apartments.

(1)

Definition. A grouping of attached dwelling units arranged to share one (1) or more central courtyard.

Figure 20.22-10 Courtyard Apartments Example

==> picture [303 x 265] intentionally omitted <==

(2)

Standards. Courtyard apartments shall comply with the development standards shown in Table 20.22-10, unless otherwise approved through the minor use permit or site plan review permit process.

Height - 35 ft.

Notes: [1] The minimum rear setback shall be five (5) feet when abutting an alley.

(3)

Pedestrian Access. The primary entry to individual units or the interior lobby of a courtyard apartment building shall be through the central courtyard.

(4)

Central Courtyard.

a)

The central courtyard shall be a shared space accessible to all building residents.

b)

Pathways shall be provided from each unit to the central courtyard and from the central courtyard to a public sidewalk adjacent to the site.

c)

The central courtyard shall be visible from the primary street frontage.

d)

The amount of impervious surface in central courtyard shall not exceed fifty (50) percent of the total courtyard area.

e)

The central courtyard shall be at least thirty (30) feet in width.

(5)

Frontage. The active side yard shall front the street on a corner lot.

j.

Live/Work.

(1)

Definitions. Attached dwelling units that are used jointly for commercial and residential purposes.

Figure 20.22-11 Live/Work Example

==> picture [253 x 234] intentionally omitted <==

(2)

Standards. Live/work shall comply with the development standards shown in Table 20.22-11, unless otherwise approved through the minor use permit or site plan review permit process.

Notes: [1] The minimum rear setback shall be five (5) feet when abutting an alley.

(3)

Pedestrian Access.

a)

The main entrance to the ground floor work space shall be accessed directly from and face a public street.

b)

Dwelling unit shall be located above the work space, and accessed from a separate entrance.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

PART 3 - GENERAL REGULATIONS Chapter 20.24 - HEIGHT MEASUREMENT AND EXCEPTIONS

The height of a structure shall be measured as the vertical distance from the average contact ground level at the front wall of the structure to the highest point of the structure, excluding chimneys, vents and other similar projecting features. See Figure 20.24-1.

Figure 20.24-1 Structure Height

==> picture [308 x 170] intentionally omitted <==

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.24.020 - Exceptions.

A.

Permitted Height Exceptions.

1.

The following features may exceed the maximum permitted structure height in the applicable zoning district:

a.

Barns, silos or other agricultural structures, provided these are fifty (50) feet or more from any property line.

b.

Church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission towers, lines and poles, windmills, chimneys, smokestacks, flagpoles, radio towers, masts and aerials and other similar projecting features, provided these do not occupy an area greater than fifteen (15) percent of the building footprint area.

c.

Outdoor theater screens with no outdoor advertising matter.

d.

Places of public assembly and other permitted public and semi-public buildings, including schools and churches.

(1)

Located on the first floor of the building.

(2)

For each one (1) foot exceeding maximum height requirement for appropriate zoning district, its side and rear yards shall be increased by one (1) foot.

2.

Height exceptions are not permitted within the airport environs (/AE) overlay zone.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.26 - SETBACK MEASUREMENT AND PROJECTIONS

Setbacks shall be measured as the distance between the property line and the nearest point of the structure along a line at a right angle to the property line. (See Figure 20.26-1: Setback Measurements.) Minor modifications of no more than twenty-five (25) percent of the required setback may be approved by the director of development services through the minor use permit process.

Figure 20.26-1 Setback Measurements

==> picture [445 x 327] intentionally omitted <==

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Projections over Property Lines. Structures may not extend beyond a property line or into the public rightof-way, except when allowed with a temporary encroachment permit.

B.

Projections into Required Setback. Building features may extend into required setback areas as shown in Table 20.26-1, subject to the requirements of the building code.

Notes:

[1] Projection allowed if features provide no additional floor area within the building.

[2] Wall projections may not exceed one-third (⅓) (in aggregate) of the width of the wall in which it is located.

[3] Ground floor only; open railing required with maximum railing height of thirty (30) inches.

[4] May be located in required yards with no restrictions.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.28 - ACCESSORY STRUCTURES

A.

Separation Between Structures. Accessory structures shall be set back from other structures on the same lot as required by the building code.

B.

Attached Structures. Accessory structures attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards applicable to the primary structure, including lot coverage requirements.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Permitted Residential Accessory Structures and Uses. Accessory structures and uses permitted in residential zones include:

1.

Home occupations (See Chapter 20.48).

Second units (See Chapter 20.42).

3.

State licensed foster homes, state-licensed small family day care homes of one (1)—eight (8) children, and state-licensed large family day care homes of no more than fourteen (14) children.

4.

Accessory buildings and uses customarily appurtenant to a permitted use, such as garages, carport, offstreet parking areas, personal storage buildings, fences, etc.

5.

Temporary subdivision tract offices, building yards, and tract signs, for a period not to exceed six (6) months after completion of construction of the tract.

6.

Rooming houses and boarding homes of no more than one (1) person in R-1 zones and no more than two (2) persons in R-2, R-3, and R-4 zones.

7.

Other uses listed in Section 20.28.020.C and 20.28.020.D.

8.

Underground public utility distribution and transmission lines.

B.

Development Standards.

1.

The maximum height and minimum setbacks for accessory structures in residential zoning districts shall be as specified in Table 20.28-1 and as shown in Figure 20.28-1.

2.

Accessory structures shall be subject to all other development standards that apply to primary structures in the applicable zoning district.

Table 20.28-1 Height and Setback Standards for Residential Accessory Structures

Notes:

[1] Five (5) feet minimum for garages off an alley or any accessory structure exceeding one hundred twenty (120) square feet.

Figure 20.28-1 Development Standards for Residential Accessory Structures

==> picture [341 x 269] intentionally omitted <==

C.

Habitable Accessory Structures.

1.

Rear Dwellings.

a.

An accessory structure to the rear of a primary structure on the same lot shall be used for residential purposes only if it conforms to all the lot area, setback, open space, and off-street parking requirements within the applicable zoning district.

b.

Vehicle access to all such rear dwellings shall be provided by a driveway with a minimum width of ten (10) feet for lots with two (2) dwelling units and twenty (20) feet for lots with three (3) or more dwelling units.

Dwelling Units over Garages. Accessory structures with a dwelling unit above a ground floor garage shall be set back a minimum of three (3) feet from a rear property line abutting an alley with the garage itself requiring a minimum setback of five (5) feet.

3.

Guest Houses.

a.

Guest houses or detached servants' quarters shall be located on the rear half of the lot.

b.

No kitchen facilities shall be permitted and no plumbing or utilities shall be allowed except for heating, air conditioning, and the discharge of wastes from a toilet or bathroom.

D.

Swimming Pools.

1.

Swimming pools shall be set back a minimum of five (5) feet from all property lines, unless otherwise allowed under the building code.

2.

Fences, barriers, and pool equipment storage areas for swimming pools shall be provided as required by the building code and state law.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Accessory structures in nonresidential zoning districts are subject to the same development standards (e.g., height and setbacks) as primary structures in each zoning district. Accessory structures in nonresidential zoning districts shall be limited to those structures needed to support the primary structure or land use on the site, including, but not limited to, off-street parking facilities, storage buildings, equipment buildings, utility buildings, etc., subject to the discretion of the director of development services.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.30 - WALLS AND FENCES

Sections:

20.30.010 - Measurement of fence and wall height.

A.

Measurement from Finished Grade. The height of a fence or wall shall be measured from the adjacent finished grade at the base of the fence or wall, to the top edge of the fence or wall.

B.

Ornamental Features. Ornamental features that provide a screening function and are fifty (50) percent or more opaque shall be included in the height measurement of a fence or wall.

C.

Fences Atop Walls. If a fence is atop a wall, the total height shall be measured from the base of the wall.

D.

Different Finished Grades. If the adjacent finished grade is different on opposite sides of a fence or wall, the height shall be measured from the side with the highest finished grade to the highest point on the fence. See Figure 20.30-1 (Fence and Wall Height).

Figure 20.30-1 Fence and Wall Height

==> picture [285 x 112] intentionally omitted <==

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.30.020 - Height limits.

A.

Residential Zoning Districts.

1.

Basic Standards. Fences, walls, and hedges in residential zoning districts shall comply with the standards in Table 20.30-1 (Fence Height in Residential Zoning Districts) and as illustrated in Figure 20.30-2 (Height Limits for Fences, Walls, and Hedges).

2.

Decorative Features and Materials.

a.

Any lattice or other similar material on top of a wall or fence cannot extend above the maximum fence height.

b.

Decorative arches and other similar entry features within these setback areas may be up to eight (8) feet in height.

Table 20.30-1 Fence Height in Residential Zoning Districts

Notes:

[1] Fence height for non-solid fences (wrought iron, chain link, picket, etc., that are mostly transparent) may be increased to a maximum of six (6) feet with a minor use permit.

[2] As shown in Figure 20.30-02, a driveway vision triangle is the area on the street side of a line connecting two (2) points, one (1) on the back of sidewalk (or property line, whichever is closer to the street) and one (1) on the side line of any public or private driveway or alley, each point being ten (10) feet from the point of intersection of the back of sidewalk (or property line, whichever is closer to the street) and the side line of the driveway or alley.

[3] In multi-family zones, may be increased to eight (8) feet with a minor use permit.

[4] Only if corner lot exterior yard doesn't abut the front yard of an adjacent lot or possible adjacent lot.

Figure 20.30-2 Height Limits for Fences, Walls, and Hedges

==> picture [453 x 567] intentionally omitted <==

3.

Reversed Corner Lots. Reversed corner lots are those whose front yard directly abuts the side or rear yard of the adjacent lot instead of another side or rear yard.

a.

With a minor use permit, fences, walls or hedges not exceeding seven (7) feet in height may be located in the required exterior side yard of a reversed corner lot: however, the fences, walls or hedges may not encroach into the triangular area, two (2) equal sides of which are the first twenty (20) feet of property lines of the subject reversed corner lot, measured from the point of intersection of the exterior side yard property line and the exterior yard property line shared with the adjacent lot.

b.

If the front of a house is located on the exterior side yard on a reversed corner lot, then the front yard of the lot may be treated as a side yard.

4.

Through Lots. On through lots with frontage on two (2) parallel public streets, either property line separating the lot from a public street may be treated as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on the lots next adjoining. If such adjoining lots are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the lot is located.

5.

Hedges in Exterior Yards. Hedges or other plantings of any height are allowed in exterior yards if they are at least fifteen (15) feet from the property line.

6.

Open Ended Cul-De-Sac Lots. For open-ended cul-de-sac lots, fences and gates in the required front yard or exterior side yard of a lot at the end of an open-ended cul-de-sac are permitted with approval of a minor use permit. Any such fence or gate shall remain open for public to access into the block from the public right-of-way.

Figure 20.30-3 Open Ended Cul-de-Sac Lots

==> picture [390 x 188] intentionally omitted <==

B.

Nonresidential Zoning Districts

1.

The maximum height of a fence or wall within a nonresidential zoning district shall be eight (8) feet.

2.

Fences up to ten (10) feet in height may be approved with a site plan review permit or with any other discretionary permit if required for the same project.

C.

Minor Use Permits for Fences. In addition to the requirements in Section 20.68.020 (Minor Use Permits), to approve a minor use permits for fences, the following findings must be made by the reviewing authority:

1.

The fence materials are of high quality with an aesthetically-pleasing appearance that fit in well with the neighborhood.

2.

The added fence height or alternative material is necessary to address privacy, noise, interface, or security concerns and/or issues with animals.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Definition. The minimum required area of a corner vision triangle is based on abutting street type as shown in Table 20.30-2 (Required Vision Triangle Distances by Street Type). The corner vision triangle is the area formed by measuring the distance "X" along the front and side property lines from the point of intersection, and then diagonally connecting the ends of the two (2) lines. The back of sidewalk line may be used instead of the property line if the back of sidewalk is closer to the street and the property line is more than one and one-half (1½) feet behind the back of the sidewalk. See Figure 20.30-2 (Height Limits for Fences, Walls, and Hedges).

B.

Maximum Height. The maximum height of a fence or wall within a corner vision triangle is two and one-half (2½) feet.

C.

Exceptions: Maximum fence and wall height within corner vision triangles do not apply within a zoning district with no required exterior yards.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Permitted Materials. Fences and walls shall be constructed of decorative masonry, ornamental steel or iron, or wood and shall be of a complementary color and material with adjacent buildings. Other materials may be permitted if the director of development services determines the design to be compatible with adjacent structures and its surrounding neighborhood.

B.

Prohibited Materials.

1.

Fences and walls shall not be constructed of inappropriate materials such as sheet metal, vehicles, underground/above-ground tanks, garage doors, aluminum siding, corrugated tin, and other similar materials not specifically designed for use as fencing.

2.

Barb-wire fences are prohibited in all zoning districts unless approved with a minor use permit.

3.

Razor wire fences are prohibited in all zoning districts unless approved with a minor use permit.

C.

Electric Fences. Electric fences are prohibited in all residential zones. Electric fences are permitted in nonresidential zoning districts only with a minor use permit if set back a minimum of five (5) feet from an exterior property line and located so that it cannot be touched by any person in the public right-of way.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.32 - INTERFACE REGULATIONS

This chapter establishes special permit requirements for projects proposed near to existing land uses that might be negatively impacted by the new use. These requirements are intended to protect existing singlefamily neighborhoods and to ensure that new development is designed in a manner to minimize negative impacts on nearby uses to the greatest extent possible to promote harmonious and orderly development, and the stability of land values and investments.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2543, § 57, 9-6-2022)

The following terms when used in this chapter are defined as follows:

A.

A parcel is "abutting" another parcel if it is located immediately adjacent to another parcel and shares at least one (1) property lot line.

B.

A parcel is "across from" another parcel if any of its property lines when extended across the street or alley touch the parcel on the other side of the street.

C.

A parcel is "developed" if there is a minimum of twenty (20) percent lot coverage and the parcel contains a land use legally conforming to the zoning district within which it is located.

(Ord. No. 2543, § 57, 9-6-2022)

A.

A proposed use in a "high impact" zoning district shall require a minor use permit if it is abutting or across from a developed parcel in a "low impact" zoning district. For example, if a proposed use is located in the C-T zoning district and is abutting or across from a parcel in the R-1 zoning district, then a minor use permit is required. Table 20.32-1 lists out all cases that require a minor use permit pursuant to this chapter. Figure 20.32-1 illustrates the concept.

B.

The director of development services may refer any application to the planning commission for review and final decision.

Figure 20.32-1 — Minor Use Permit Requirement

==> picture [216 x 353] intentionally omitted <==

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2543, §§ 57—59, 9-6-2022)

Editor's note— Ord. No. 2543, §§ 57—59, amended § 20.32.030 and in doing so changed the title of said section from "Site plan review" to "Minor use permit," as set out herein.

20.32.040 - Exceptions.

This section shall not apply to parcels across the street if the street is a proposed or existing arterial or higher order street as shown on the general plan circulation map.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2543, § 57, 9-6-2022)

Chapter 20.34 - CREEK BUFFERS

Sections:

20.34.010 - Purpose.

This article establishes standards for land uses and development in areas adjacent to creeks. These standards are intended to:

A.

Reduce risks to property owners and the public from erosion and flooding;

B.

Protect and enhance the chemical, physical, and biological integrity of water resources in the city;

C.

Minimize pollutants entering water bodies from urban stormwater runoff; and,

D.

Preserve riparian vegetation and protect wildlife habitat and wildlife corridors along natural drainage ways.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.34.020 - Applicability.

The standards in this chapter apply to all riparian areas within the City of Merced. As shown in Figure 2034-1 (Creek Buffer Measurement), riparian areas are defined as areas between the banks and twenty-five (25) feet in width measured from the top of bank or fifty (50) feet in width measured from centerline of any intermittent or perennial stream or river landward, whichever is greater. Excluded from this definition are stock ponds and other stock watering facilities, culverted sections of creeks and engineered systems developed by a public agency for collection of storm or flood waters, or systems other than natural creeks designed to deliver irrigation or water supplies.

Figure 20.34-1 Creek Buffer Measurement

==> picture [453 x 135] intentionally omitted <==

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.34.030 - Land use regulations.

A.

Permitted Activities. The following activities are permitted by right in riparian areas:

1.

Livestock grazing and agricultural practices where permitted by the applicable zoning district;

2.

Native landscaping;

3.

Fencing that does not interfere with the flow of flood waters or wildlife migration corridors;

4.

Utilities, including the installation, operation, and maintenance of water pumps;

5.

Storm drains into riparian areas and creeks;

6.

Trails, including pedestrian and bicycle trails, and recreational activities not involving the establishment of any structures, except for small accessory structures such as benches or signs;

7.

Construction and maintenance of publicly-owned culverts, rip-rap, and other drainage facilities; and,

8.

Construction and maintenance of publicly-owned bridges.

B.

Conditionally Permitted Uses.

1.

Uses, structures, and activities permitted in the applicable zoning district are permitted within riparian areas only with approval of a minor use permit.

To approve a minor use permit for riparian area development, the director of development services shall make all of the following findings in addition to the findings in Section 20.68.020 (Conditional Use and Minor Use Permits):

a.

The proposed use, structure, or encroachment cannot be feasibly located outside the riparian area because such location would have a more adverse effect on the stream environment or alter the flood plain.

b.

Measures are included that provide adequate protection of wildlife habitat, water quality and in-stream habitat, and capacity for flood management.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Construction. Construction is prohibited in riparian areas over which the city maintains jurisdiction unless the necessary permits have been obtained from other responsible governmental agencies and plans have been approved by the director of development services.

B.

Grading or Alterations to Riparian Vegetation. Grading, alteration of the natural contours of the land, or cutting or alteration of natural vegetation that protects a riparian habitat is prohibited within riparian areas except when such action is:

1.

Necessary to protect public health and safety as determined by the director of development services; or,

2.

Associated with an approved creek restoration and enhancement project intended to improve the health and environmental integrity of the waterway; or,

3.

Associated with an approved land use entitlement.

C.

Streambed Alteration. Filling, grading, excavating, or obstructing streambeds is prohibited except in the following circumstances or under any applicable provisions of state or federal law:

1.

Placement of city-approved storm drain and irrigation outflow structures shall be designed so as to eliminate or minimize increases in the rate and amount of storm or irrigation water discharge;

2.

Placement of public and nonpublic utility lines;

3.

Construction of bridges and their connecting roadways;

4.

Maintenance activities necessary to protect public health and safety;

5.

Creek restoration and improvement projects; and,

6.

Development associated with an approved land use entitlement.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.34.050 - Coordination with other regulatory agencies.

A.

Required Permits. All required permits from the California Department of Fish and Game, the U.S. Army Corps of Engineers, the California State Water Resources Control Board, the Central Valley Flood Protection Board, Merced Irrigation District (MID), or other applicable agencies, including any permit required under an approved Habitat Conservation Plan, shall be obtained prior to, concurrently with, or as a condition of, the approval of any city permits for development within riparian areas.

B.

Submittal of Approvals. Evidence of approval or pending approval of any such permit shall be submitted to the planning division, including all appropriate supporting materials, environmental documentation, and studies.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.36 - LANDSCAPING

The landscaping standards contained in this chapter are intended to enhance the aesthetic appearance of developed areas within Merced and to promote the efficient use of water resources.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

This chapter applies to all new development with landscape areas as follows:

A.

Greater than five hundred (500) square feet; or,

B.

Rehabilitated landscape projects with an aggregated landscape area equal to or greater than two thousand five hundred (2,500) square feet.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

In addition to the standards contained in this chapter, all applicable development in Merced shall also comply with Municipal Code Chapter 17.60 (Water Efficient Landscaping and Irrigation) and any subsequent amendments or emergency drought regulations. Chapter 17.60 implements the California Water Conservation in Landscaping Act (Government Code Section 65591 et seq.). In the event of a conflict, Chapter 17.60 or State regulations will prevail, whichever is more stringent.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.36.040 - Landscape and sprinkler plans.

A.

Landscape and Sprinkler Plan Required. Projects subject to the requirements of this chapter and Chapter 17.60 shall submit a landscape and sprinkler plan as part of applications for all permits as required by the zoning ordinance and as part of subsequent building permit applications.

B.

Required Contents. Landscape plans shall include the following features and information:

1.

Site boundaries.

2.

Existing structures on the property.

3.

Structures immediately adjacent to the property.

4.

All new structures and improvements proposed as part of the development project.

5.

Existing landscaping, trees, and vegetation to be retained.

6.

All new landscaping proposed, including parking lot and street trees, as part of the development project specifying plant location, species, and size.

7.

Irrigation plan specifying the location, type, and size of all components of the irrigation system, including backflow prevention devices.

8.

Water efficient landscape calculations, including hydrozone information table, water budget calculations, maximum applied water allowance, estimated total water use, and soil management and grading plans per Chapter 17.60.

9.

Any additional information as determined by the director of development services to demonstrate compliance with the requirements of this chapter.

C.

Review and Approval. The development services department shall review all landscape plans to verify compliance with the requirements of this chapter. Landscape plans shall be approved by the review authority acting upon the permit application for the proposed new development.

D.

Changes to Approved Landscape Plans.

1.

Substantial modifications to an approved landscape plan shall be made only by the review authority which approved the landscape plan.

2.

The director of development services may approve minor modifications to a landscape plan previously approved by the planning commission or city council. Minor modifications are defined as changes to a landscape plan that bring the plans into conformance with state law (including emergency drought regulations), do not significantly decrease the total amount of landscaped area, alter the general design character or water conservation of the landscaped area, or alter a feature of the landscaped area specifically required by the decision-making authority, unless as otherwise required by state law.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.36.050 - Required landscape areas.

A.

Residential Zoning Districts.

1.

All required exterior setback areas, excluding areas required for access to the property, shall be landscaped. See Figure 20.36-1.

Figure 20.36-1 Required Landscape Area for Residential Zoning Districts

==> picture [414 x 283] intentionally omitted <==

2.

Landscaping may consist of any combination of living plants such as trees, shrubs and turf; related natural features such as rock, stone or bark chips; or artificial turf that meets acceptable standards as determined by the department of development services. Decorative hardscape featuring pervious materials are permitted within required landscaping areas. Drought tolerant landscape materials are required, unless otherwise approved with a minor use permit.

3.

Street trees per city standards.

B.

Nonresidential Zoning Districts.

1.

The minimum landscaped area on a site shall be as shown in Table 20.36-1. Outdoor dining areas and other similar quasi-public outdoor seating areas do not count toward landscaping requirements.

2.

All required exterior setback areas excluding areas required for access to the property and public or quasipublic open space such as courtyards and outdoor seating shall be landscaped.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

General Standards. The following standards apply within all zoning districts.

1.

Plant Selection. A minimum of ninety (90) percent of plants and trees shall be selected drought-tolerant, non-invasive species, unless otherwise approved with a minor use permit.

2.

Turf Lawns.

a.

Natural turf areas shall be limited to no more than fifty (50) percent of the landscaped area. The planning commission may approve larger areas if the lawn area provides functional open space for ballfields, etc.

b.

Drought-resistant grass species shall be used exclusively.

c.

Turf shall not be used on berms, slopes greater than twenty-five (25) percent, street median, or park strips less than ten (10) feet wide unless sub-surface irrigation is used.

d.

Artificial turf may be used in all areas if it meets the minimum standards as established by the development services department.

3.

Plant Groupings. Where irrigation is proposed, plants shall be grouped in separate hydrozones (i.e., plants within each irrigation valve area shall have the same watering requirements).

4.

Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have recirculating water systems.

5.

Public Safety. Plant species shall be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation and do not conflict with overhead lights, or utility lines.

B.

Irrigation and Water Efficiency. Landscaped areas shall comply with the following irrigation and water efficiency.

1.

Irrigation System. Water-efficient irrigation systems (e.g., bubbler type, drip, mini-spray) shall be required. Irrigation systems shall include check valves to prevent low head drainage, appropriate nozzles to prevent overspray, and automatic and self-adjusting irrigation controllers that include moisture and/or rain sensor shutoff; or other systems meeting minimum standards as established by the development services department.

2.

Irrigation Schedule. Landscape irrigation hours shall be in compliance with Section 15.42 (Water Shortage Regulations).

C.

Timing of Installation. Landscaping systems shall be installed prior to final building permit inspection or certification of occupancy.

D.

Maintenance.

General. Landscape areas shall be maintained in a neat and healthful condition at all times, except in times of an official drought declaration by the Merced City Council.

2.

Replacement of Dead or Dying Plants. Within ninety (90) days of a determination by the director of public works that a plant is dead or severely damaged or diseased, the plant shall be replaced by the property owner in accordance with the standards specified in this chapter.

3.

Removal of Landscaping. Any removed mature landscaping shall be replaced with landscaping of similar size and maturity as that which was removed. Mature trees shall be replaced with a twenty-four (24) inchbox tree at minimum.

4.

Irrigation Systems. Irrigation systems shall be maintained in a fully functional manner as approved by the city and required by this chapter.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.38 - PARKING AND LOADING

This chapter establishes off-street parking requirements in order to:

A.

Provide a sufficient number of off-street parking spaces for all land uses;

B.

Provide for functional off-street parking areas that are safe for vehicles and pedestrians;

C.

Ensure that parking areas are well-designed and contribute to high-quality design environment within Merced;

D.

Allow for flexibility in off-street parking requirements to support a multi-modal transportation system and sustainable development pattern; and,

E.

Ensure that off-street parking areas do not adversely impact land uses on neighboring properties.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

New Structures and Uses. All new structures and uses shall comply with the standards in this chapter, including the amount of required off-street parking as specified in Table 20.38-1 (Off-Street Parking Requirements).

B.

Changes in Existing Structures and Uses.

1.

Additional parking shall be required for a change in use or any modification to an existing structure that results in an increase in the unit of measurement used to determine the amount of required off-street parking as specified in Table 20.38-1 (Off-Street Parking Requirements).

2.

Additional off-street parking shall be required only to accommodate the incremental change or expansion of the structure or use. Additional parking shall not be required to remedy parking deficiencies existing prior to the change to an existing structure or use.

3.

Additional parking for nonresidential uses is not required if the parking needed to accommodate the change is either:

a.

Two (2) or fewer parking spaces; or,

b.

Ten (10) percent or less of the total required off-street parking spaces for the use.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2502, § 5, 8-19-19; Ord. No. 2543, §§ 60, 61, 9-62022)

A.

Number of Spaces. All land uses shall provide a minimum number of off-street parking spaces as specified in Table 20.38-1 (Off-Street Parking Requirements), except as provided in Section 20.38.050 (Parking Reductions).

B.

Unlisted Uses.

1.

The director of development services shall determine the minimum number of required off-street parking spaces for land uses not listed in Table 20.38-1 based on the requirements for the most comparable use in this chapter or an analysis of parking requirements for similar uses in other jurisdictions or state or national standards.

2.

Off-street parking requirements for unlisted land uses shall be based on the parking requirements of similar uses in Table 20.38-1.

3.

The director of development services may require the preparation of a parking demand study at the expense of the applicant to determine the parking requirement for unlisted uses.

C.

Mixed or Multiple Uses. When more than one (1) land use is conducted on a parcel, the minimum number of required off-street parking spaces shall be the sum of the number of parking spaces required for each individual use.

D.

Unknown Uses.

1.

The director of development services shall determine the minimum number of required off-street parking spaces for nonresidential "shell" structures with no identified tenants.

2.

Off-street parking requirements for nonresidential "shell" structures shall be based on anticipated tenants for the structures, as determined by the director.

E.

Units of Measurement.

1.

For the purpose of this chapter, "floor area," in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale or merchandise. It shall not include areas used principally for nonpublic purposes such as incidental repair, processing or packaging of merchandise, for show windows, for restrooms, for utilities, or for dressing rooms, fitting rooms, or alteration rooms. Unless additional information is provided by the applicant, these "non-public areas" will be assumed to be fifteen (15) percent of the total gross floor area and will not be used in calculating floor area for parking purposes.

2.

In indoor or outdoor places of assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining off-street parking facilities.

3.

When units of measurements determining the number of required parking spaces result in requirements of a fractional space, fractions of spaces over one-half (½) shall be rounded up to the next whole number.

F.

Conforming Status. Structures or uses established prior to the effective date of the zoning ordinance shall not be deemed nonconforming by reason of providing fewer off-street parking spaces than required by Table 20.38-1. However, no such structure or use may further reduce the number of provided off-street parking spaces below the requirements of this chapter.

G.

Additional Required Parking. The planning commission may require more off-street parking than required by Table 20.38-1 if the commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Availability and Use of Spaces.

1.

Required parking spaces shall be permanently available and maintained for parking purposes for the use they are intended to serve.

2.

Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

3.

Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning ordinance.

B.

Location of Parking.

1.

Required parking spaces shall be located on the same lot as the use they are intended to serve, except as allowed by subsection C below.

2.

When the required off-street parking for a one-family or two-family structure in any R district is not to be provided in a covered garage or carport, each required car space shall be so located that it may later be covered by a garage or carport structure in accordance with the provisions of this chapter.

C.

Off-Site Parking.

1.

For multi-family housing and nonresidential uses, the site plan review committee may approve off-site parking if it finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.

2.

Off-site parking shall be located within four hundred (400) feet of the use it is intended to serve or another reasonable distance as determined by the site plan review committee.

3.

If off-site parking is approved, a covenant record, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the off-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is

maintained within the city. This covenant shall stipulate that the title and right to use the spaces shall not be subject to multiple covenants or contracts for use, or termination, without prior written consent of the city.

D.

Parking for Persons with Disabilities.

1.

Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.

2.

Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 20.38-1.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

The minimum number of required off-street parking spaces as specified in Table 20.38-1 may be reduced as described below.

A.

Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ. Requests for the use of shared parking may be approved if:

1.

A parking demand study approved by the director of development services demonstrates that there will be no substantial conflicts between the land uses' principal hours of operation and periods of peak parking demand;

2.

The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use;

3.

The proposed shared parking facility is located no further than four hundred (400) feet from the primary entrance of the land use which it serves; and,

4.

A covenant record as described in Section 20.38.040.C.3 shall be recorded.

B.

Common Parking Facilities. Common parking facilities, public or private, may be provided in lieu of the individual requirements contained in this chapter, provided, the total of such off-street parking facilities, when used together, shall not be less than the sum of the various uses computed separately. Such common facilities shall be approved by the planning commission with a conditional use permit, and the planning commission may grant a reduction in the total required parking for the uses by no more than fifteen (15) percent.

C.

Low Demand. The number of parking spaces may be reduced if the land use will not utilize the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study approved by the director of development services.

D.

Transportation Demand Management Plan. The number of parking spaces may be reduced by the director of development services up to twenty (20) percent if the project applicant prepares a transportation demand management plan which demonstrates a reduction in the demand for off-street parking spaces by encouraging the use of transit, ridesharing, biking, walking, or travel outside of peak hours.

E.

Bus Stop/Transportation Facility Credit. The number of parking spaces may be reduced by up to five (5) percent for commercial or multiple-family development projects within four hundred (400) feet of a Cityapproved bus stop. If a commercial or multiple-family development project is located within four hundred (400) feet of a transit center, the project may reduce parking spaces by up to ten (10) percent.

F.

Mixed-Use Projects. A mixed-use project with commercial and residential units may reduce parking requirements by up to thirty (30) percent as demonstrated by a parking demand analysis approved by the director of development services.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

If a parking assessment district has been established, a fee may be paid to the city in lieu of providing required off-street parking within the district.

A.

Exception for Parking Districts. Property located within a district in which special assessments have been or are to be levied for providing public off-street parking shall not be required to provide off-street parking facilities for the ground floor of any such structure.

B.

Special Assessment Financing.

1.

In any special assessment proceedings for financing the cost of public off-street parking facilities, any improved property shall be granted a credit against the assessment to be levied, in such ratio as the city Council shall determine, for any improved customer, owner, tenant or employee parking spaces or reasonable access areas.

2.

In determining the amount of assessment credit, the area of credit shall be improved in accordance with this code. If not so improved at the time of granting the credit, the owner shall cause the area to be so improved within sixty (60) days thereafter, or otherwise the credit shall be removed. A parking space is defined as an area of eight and one-half (8½) by twenty (20) feet in dimension. The determination of the city council as to the amount of "reasonable access" shall be final.

3.

Areas used for parking of delivery vehicles or other commercial or industrial vehicles, and open areas used for storage or otherwise in the operation of the business, shall not be included in any area of credit. Any area for which a credit for parking is granted shall remain subject to the requirements of this chapter for providing off-street parking.

C.

In-lieu Parking Fee. In lieu of providing off-street parking within a special assessment parking district, an owner may pay to the city a sum equal to one thousand two hundred dollars ($1,200.00) per parking space, which money shall be deposited in a special fund and used for providing, improving or maintaining offstreet parking facilities in said district.

D.

Additions to Parking Districts.

1.

Each owner of a property not included within a district in which special assessments are levied for providing public off-street parking, but within four hundred (400) feet of a public parking lot located within such a district, may pay a participation fee to defray the cost of providing required off-street public parking facilities, in exchange for the benefits and the responsibilities of inclusion in said district. Upon payment of the participation fee as provided in Section 20.38.060.D.2 and continuing payment of assessments imposed by the district, the owner of the subject property shall not be required to provide off-street parking facilities for the ground floor of any structure on the property, and may also pay in-lieu parking fees as provided in Section 20.38.060.C.

2.

The participation fee shall be deposited in a special fund and used for providing, improving, or maintaining off-street parking facilities in said district. The amount of participation fee shall be computed as follows:

a.

Participation fee = (Basic Charge + Cost Index)

b.

"Basic charge" is ninety (90) cents per square foot of the subject property, and two hundred forty-five dollars ($245.00) per front foot of the subject property, measured as the subject property's frontage along the public right-of-way with the highest traffic volume.

c.

"Cost index" is the most current cost index (calculated on an annual basis based on the previous year's Consumer Price Index, All Urban Consumers, published by the U.S. Department of Labor), multiplied by the total square foot and front foot of the subject property. In the event of discontinuation of such index, the index most closely resembling said index.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.38.070 - Parking design and development standards.

A.

Dimensions. The minimum required dimensions for off-street parking spaces shall conform to the latest edition of the city's Standard Designs of Common Engineering Structures. However, all parking spaces shall be a minimum of nine (9) feet in width.

B.

Compact Spaces.

1.

A maximum of twenty-five (25) percent of required off-street parking spaces may be compact spaces.

2.

All parking spaces for compact cars shall be clearly marked with the word "Compact" either on the wheel stop or curb, or on the pavement at the opening of the space.

C.

Parking Access. The required dimensions for driveways providing access to off-street parking spaces shall conform to the latest edition of the city's Standard Designs of Common Engineering Structures.

Figure 20.38-1 Example of 90-Degree Parking Space Dimensions

==> picture [288 x 136] intentionally omitted <==

D.

Surfacing.

1.

All permanent parking spaces and drive aisles shall be paved with asphalt, concrete or other all-weather surface per the latest edition of the city's Standard Designs of Common Engineering Structures.

2.

Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a permitted surface material, subject to approval by the city engineer.

E.

Tandem Parking Spaces. Tandem parking spaces may be permitted for all residential land uses, provided that they comply with the following standards:

1.

Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.

2.

All required guest parking shall be provided as single, non-tandem parking spaces.

3.

Tandem parking spaces shall not block the use of the drive aisle to access other parking spaces located within the parking area.

4.

Tandem parking spaces shall be used to accommodate passenger vehicles only.

F.

Landscaping.

General Standards. All landscaping within parking areas shall comply with the requirements of Chapter 20.36 (Landscaping) in addition to the standards within this section.

2.

Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of drought-tolerant plant materials, including any combination of trees, shrubs, and ground cover.

3.

Parking Lot Standards. As illustrated in Figure 20.38-2 (Parking Lot Landscaping Standards), the following landscaping standards, as well as the standards in the city's Standard Designs of Common Engineering Structures, shall apply to parking lots containing six (6) or more parking spaces. All landscape areas shall have an irrigation system.

Figure 20.38-2 Parking Lot Landscaping Standards

==> picture [426 x 220] intentionally omitted <==

a.

Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped with plantings with drought-tolerant, non-invasive species.

b.

Shade Trees.

(1)

One (1) shade tree shall be provided for every six (6) parking spaces, or portion thereof, in a parking lot in addition to street trees.

(2)

Shade trees shall be a minimum fifteen (15) gallon box in size and shall provide a minimum thirty (30)-foot canopy at maturity.

(3)

Shade trees shall be of a type that can reach maturity within fifteen (15) years of planting and shall be selected from a city-approved list of canopy tree species suitable for the valley climate.

(4)

Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty (30)foot canopy) on August 21. The arrangement should approximate nearly fifty (50) percent shade coverage at noon on August 21 within fifteen (15) years of planting.

(5)

The above standards may be modified with a minor use permit if alternative shade structures (including solar carports) are provided. Design standards for such shade structures shall be approved as part of the minor use permit process as well.

4.

Concrete Curbs

a.

All landscape areas shall be separated from parking spaces, drive aisles and driveways by a raised concrete curb. Raised concrete curbs shall be a minimum of six (6) inches high by six (6) inches deep.

b.

The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.

5.

Parking Space Landscaping. A maximum of two (2) feet at the front end of a parking space may be landscaped in lieu of paving surface.

6.

Timing. Landscaping shall be installed prior to the city's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot, unless otherwise approved by the director of development services.

G.

Lighting.

A parking area with six (6) or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot candles over the entire parking area or as otherwise required by the building code.

2.

Outdoor lighting as required by Subsection G.1 above shall be provided during nighttime business hours.

3.

All parking space area lighting shall be energy efficient and designed so that any glare or spillage is directed away from residential properties.

4.

All fixtures shall be hooded.

H.

Pedestrian Access. Parking lots shall include pedestrian walkways in compliance with American with Disabilities Act (ADA) requirements and the California Building Code.

I.

Screening. Parking lots of six (6) spaces or more shall comply with the following screening standards, unless otherwise approved with a minor use permit.

1.

Location. Screening with a minimum width of five (5) feet shall be provided along the perimeter of parking lots fronting a public or private street or abutting a residential zone.

2.

Height.

a.

Screening adjacent to streets shall have a minimum height of two and one-half (2½) feet.

b.

Screening abutting a residential zoning district shall have a minimum height of six (6) feet, except in required setback areas, where the minimum height shall be four (4) feet.

c.

Commercial parking lots abutting residential zoning districts shall have a solid wall with a minimum height of six (6) feet.

3.

Materials. Required screening may consist of one (1) or more of the following materials:

a.

Low-profile walls constructed of brick, stone, stucco or other durable material with graffiti-proof coating materials or landscaping/vines.

b.

Evergreen plants that form an opaque screen.

c.

An open fence combined with landscaping to form an opaque screen.

d.

A berm landscaped with ground cover, shrubs, or trees.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A.

Applicability. All multi-family and nonresidential land uses shall provide bicycle parking as specified in this section and in accordance with Sections 20.38.020 (Applicability) and 20.38.030 (Required Parking Spaces), except for the following uses:

1.

Gas and service stations

2.

Maintenance and repair services

3.

Vehicle repair

4.

Vehicle sales and rental

5.

Wholesaling

6.

Construction and material yards

Warehousing and distribution

8.

Other similar uses as determined by the director of development services.

B.

Types of Bicycle Parking.

1.

Short-Term/Class II Bicycle Parking. Short-term/Class II bicycle parking provides shoppers, customers, and other visitors who generally park for two (2) hours or less a convenient and readily accessible place to park bicycles.

2.

Long-Term/Class I Bicycle Parking. Long-term/Class I bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles.

C.

Bicycle Parking Spaces Required. The number of required bicycle parking spaces shall be as specified in Table 20.38-4 (Required Bicycle Parking Spaces).

D.

Short-Term/Class II Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred (100) feet of the primary entrance of the structure or use it is intended to serve, be readily visible to passers-by, and at least twenty-five (25) percent of required short-term bicycle parking spaces shall be covered.

E.

Long-Term Bicycle Parking Standards. Following standards shall be recommended for long-term bicycle parking:

1.

Location. Long-term bicycle parking shall be located in highly visible, well-lighted areas that are convenient to the street and users.

2.

Cover. A minimum of seventy-five (75) percent of required long-term bicycle parking spaces shall be covered.

3.

Parking Facilities. Long-term bicycle parking spaces must be secure and may include:

a.

Covered, lockable enclosures with permanently anchored racks for bicycles; or,

b.

Lockable bicycle rooms or areas with permanently anchored racks; or,

c.

Lockable, permanently anchored bicycle lockers.

F.

Parking Space Dimensions.

1.

Minimum dimensions of two (2) feet by six (6) feet shall be provided for each bicycle parking space (illustrated in Figure 20.38-3).

2.

An aisle of at least five (5) feet shall be provided behind all bicycle parking to allow room for maneuvering.

3.

Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features.

Four (4) feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.

G.

Rack Design. Bicycle racks must be capable of locking both the wheels (one (1) wheel with a U-type lock), providing at least two (2) points of contact with the frame of the bicycle, and supporting bicycles in an upright position. "Inverted U" bicycle racks are highly recommended.

H.

Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from sun and rainfall, and be at least seven (7) feet above the floor or ground.

Figure 20.38-3 Short-Term/Class II Bicycle Parking Dimensions

==> picture [324 x 237] intentionally omitted <==

• (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.38.090 - Off-street loading.

A.

Applicability. All retail, restaurant, hotel, warehousing, manufacturing, hospitals, laundry, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide off-street loading spaces consistent with the requirements of this section.

B.

Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table 20.28-5 (Required Loading Spaces).

Table 20.38-5 Required Loading Spaces Total Gross Floor Area Required Loading Spaces

Figure 20.38-4 Off-Street Loading

==> picture [346 x 266] intentionally omitted <==

C.

Location.

1.

Required loading spaces shall be located on the same lot as the use they are intended to serve.

2.

A formal agreement among property owners shall be required and recorded if an immediately adjacent lot is used as required loading spaces.

3.

No loading space shall be located closer than fifty (50) feet to a residential zone, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight (8) feet in height.

D.

Dimensions.

Each loading space shall have minimum dimensions of ten (10) feet wide, thirty-five (35) feet long, and fourteen (14) feet in vertical clearance.

2.

Deviations from the minimum dimensions standards may be approved by the director of development services if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.

E.

Design and Configuration.

1.

Loading spaces shall be configured to ensure that loading and unloading takes place on-site and not within adjacent public rights-of-way.

2.

Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.

3.

Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.

4.

Loading spaces shall be striped and clearly identified as for loading purposes only.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.40 - SMALL LOT SINGLE-FAMILY HOMES

The purpose of small lot single-family home provisions is to allow for increased flexibility in the design of new residential development in a manner that increases housing choices for residents, utilizes land resources efficiently, and ensures a high quality neighborhood.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Small lot single-family homes may be proposed in residential planned development (RP-D), inner village residential (R-IV), outer village residential (R-OV), and low medium density residential (R-2) zoning districts. The city may determine that a proposed small lot single-family home subdivision is not allowed where public facilities and services are insufficient for the proposed development.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Small lot single-family homes shall require approval of a conditional use permit. All subdivisions of land shall receive permits and approvals required by Title 18 (Subdivisions) of the Merced Municipal Code.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

A small lot single-family home may be developed with only those uses allowed in the zoning district applicable to the site.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

20.40.050 - Development standards and guidelines.

A.

Basic Standards.

1.

Development standards for small lot single-family homes shall be established for each development with the approval of the conditional use permit. In general, small lot single-family homes should comply with the city's most recent edition of the Small Lot Single-Family Home Design Guidelines, Table 20.40.050 (Development Standards for Small Lot Single-Family Homes), and other standards and guidelines in this chapter, unless otherwise specified in the conditional use permit. The Guidelines provide for two (2) types of lots:

a.

PD-1-4 Designation: Lots between forty (40) feet and fifty (50) feet in width

b.

PD-1.3 Designation: Lots between less than forty (40) feet but no less than thirty (30) feet in width.

2.

Small lot single-family homes shall also comply with Section 20.22.040 (Urban Residential Overlay Zone) if those same individual residential building types (as illustrated in Figures 20.22-1 through 20.22-11) are proposed, unless otherwise specified in the conditional use permit.

B.

Parking Standards

All required parking spaces shall be set back a minimum of twenty (20) feet from the front property line and/or sidewalk, whichever is closer.

2.

Shared driveway access between two (2) adjacent parcels is allowed when the garages are set back behind the primary residential unit or recessed so the home's entry elevation retains a dominant visual appearance.

3.

Two (2) on-site parking spaces shall be provided per unit with at least one (1) being covered. Spaces in the driveway shall count toward this requirement.

C.

Other Standards and Guidelines. Small lot single-family homes should comply with the guidelines for façade design, open space, service area, lane (alley), parking configurations, driveway access, fencing, public streets, and architectural features in the city's most recent edition of the Small Lot Single-Family Home Design Guidelines, available under separate cover from the city planning division, unless otherwise specified in the conditional use permit.

(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)

Chapter 20.42 - ACCESSORY DWELLING UNITS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 2555, § 4, adopted Sept. 18, 2023, repealed the former Ch. 20.42, §§ 20.42.010 —20.42.050, and enacted a new Ch. 20.42 as set out herein. The former Ch. 20.42 pertained to similar subject matter and derived from Ord. No. 2521, § 1, adopted March 15, 2021.

This chapter establishes standards for the development of accessory dwelling units ("ADU" or "ADUs") that are intended to be in conformance with Government Code Sections 65852.2 and 65852.22. The provisions of this chapter are intended to be applied so as to not conflict with State law. These standards are intended to allow for ADUs and junior accessory dwelling units ("JADU" or "JADUs") as an important form of affordable housing while preserving the character and integrity of residential neighborhoods within the city.

The provisions of this chapter apply to all parcels in the City of Merced that are zoned residential or that allow residential uses.

(Ord. No. 2555, § 4, 9-18-2023)

20.42.020 - Application process and review and nonconforming conditions.

A.

Ministerial Review. A permit application that meet the provisions of this chapter for the installation of or construction of an ADU, JADU or THOW shall be granted with ministerial review, approval, and issuance of a building permit. The correction of nonconforming zoning conditions ("a physical improvement on a property that does not conform to zoning standards") or the installation of public improvements cannot be required as a condition for ministerial approval.

B.

Processing Time. If there is an existing single-family or multi-family dwelling on the parcel subject to the application, the city shall act on the application to create an ADU or a JADU within sixty (60) days from the date a complete application is received, unless either:

1.

The applicant requests a delay, in which case the sixty-day time period shall be tolled for the period of the delay; or

2.

The construction of a single-family dwelling is proposed at the same time as a construction of an ADU or a parcel, in which case, the city shall not approve the permit for the ADU prior to the approval of the permit for the single-family dwelling and shall not issue a certificate of occupancy for the ADU prior to the issuance of a certificate of occupancy for the single-family dwelling.

If the local agency has not acted upon the completed application within sixty (60) days, and neither of the above criteria is met, the application shall be deemed approved.

C.

Nonconforming Conditions. Notwithstanding Chapter 20.52, Nonconforming Parcels, Uses, and Structures, to the contrary, an owner of an ADU or JADU that receives a notice to correct violations or abate nuisance, in relation to the ADU or JADU, may request a delay for five (5) years in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the City of Merced, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1.

The ADU was built before January 1, 2020; or

2.

The ADU was built on or after January 1, 2020 in a local jurisdiction with a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made; and

3.

The city shall not approve any such applications after January 1, 2030; and

4.

This section shall remain in effect only until January 1, 2035 and as of that date is repealed.

D.

State ADU Law. If any portion of this chapter conflicts with ADU law or other applicable state law, then state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state ADU law.

(Ord. No. 2555, § 4, 9-18-2023)

20.42.030 - Type and number of accessory dwelling units and site and design standards.

A.

Location. ADUs shall be permitted in districts zoned to allow single-family or multi-family residential or mixed use as provided in Part 2 (Zoning Districts).

B.

Types of Accessory Dwelling Units. An ADU approved under this chapter may take any of the following forms:

Attached. An ADU may be a new habitable space attached to an existing or proposed single-family dwelling.

2.

Detached. An ADU may be a new detached habitable structure located on the same parcel as an existing or proposed single-family dwelling.

3.

Converted. An ADU may be located within areas converted to habitable space that complies with the California Building Code for a dwelling, such as:

a.

An area within an existing single-family dwelling (e.g. an attached garage); or

b.

An existing accessory structure (e.g. a detached garaged or pool house) located on the same parcel as the single-family dwelling; or

c.

Portions of existing multi-family structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

4.

Junior Accessory Dwelling Unit. A JADU is a dwelling, contained entirely within an existing or proposed single-family dwelling, that is a maximum of five hundred (500) square feet in size. A JADU may include separate facilities or may share sanitation facilities with the existing single-family dwelling. JADUs shall comply with Section 20.42.050, Standards for Junior Accessory Dwelling Units.

5.

Tiny Home on Wheels.

C.

Number of Accessory Dwelling Units Permitted Per Parcel.

1.

Parcels with a Single-Family Dwelling. One (1) attached ADU (new or converted), one (1) detached ADU (new or converted), and one (1) JADU shall be allowed per lot with a proposed or existing single-family dwelling in conformance with the rest of this chapter.

2.

Parcels with Multi-Family Dwelling(s).

a.

Converted ADUs. The number of converted ADUs, on a parcel with an existing multi-family dwelling, shall not exceed twenty-five (25) percent of the total number of dwelling units.

b.

Detached ADUs. Not more than two (2) detached ADUs may be located on a parcel that contains an existing multi-family dwelling.

D.

Site Requirements.

1.

No Minimum Parcel Size. ADUs that comply with this chapter shall be permitted on all legally established parcels, regardless of parcel size.

2.

An ADU may only be established if a single-family or multi-family dwelling unit ("primary dwelling") exists on the parcel or is being built at the same time.

3.

Statewide Exemption ADU. No lot coverage, floor area ratio, open space, or minimum lot size requirement shall preclude the construction of an ADU up to eight hundred (800) square feet, sixteen (16) feet in height, and with four-foot side and rear yard setbacks. The construction of a detached statewide exemption ADU may be combined with a JADU within any zone allowing residential or mixed use.

E.

Size/Floor Area.

1.

Attached or Converted Accessory Dwelling Units. The floor area of an attached or converted ADU shall not exceed fifty (50) percent of the living area of the existing primary dwelling on the parcel or one thousand two hundred (1,200) square feet, whichever is less. Garages and carports are excluded from floor area calculations for both the primary dwelling and accessory dwelling unit. These limits do not include up to one hundred fifty (150) square feet of area added to the primary dwelling for the sole purpose of providing ingress and egress to the ADU.

2.

Detached Accessory Dwelling Units. The floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet, excluding any space devoted to a carport or garage.

F.

Development Standards.

1.

An ADU shall comply with all current objective development and design standards of the general plan and zoning ordinance that are applicable to the primary dwelling, including, but not limited to, building setbacks, parcel coverage, building height, and architectural design, with certain exceptions, discussed in this chapter.

2.

The ADU in compliance with this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The ADU shall be deemed to be an accessory use or accessory building and shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

3.

No lot line adjustment, subdivision of land, air rights or condominium shall be allowed to enable the sale, transfer, or disposal of the accessory dwelling unit independently of the primary dwelling unit or any portion of the property except in accordance with Section 20.42.040(C). This stipulation shall be included in a recorded deed restriction on the property.

4.

An ADU or JADU shall only be allowed on parcels connected to public water and sewer service.

G.

Design Requirements.

1.

Height. The maximum height of a detached ADU shall be as follows.

a.

The height of an attached ADU on a parcel containing a single-family or multi-family dwelling shall not exceed the height of the existing single-family or multi-family dwelling or twenty-five (25) feet, whichever is lower.

b.

The height of a detached ADU on a parcel containing a-single-family or multi-family dwelling-shall not exceed sixteen (16) feet, unless one of the following conditions are met:

i.

The maximum height for a detached ADU on a parcel with an existing or proposed single-family or multifamily dwelling unit that is within one-half (½) mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be eighteen (18) feet. The maximum height may be increased by an additional two (2) feet, to twenty (20) feet, for the purpose of accommodating a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit; or

ii.

The maximum height for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall be eighteen (18) feet.

2.

Finish Materials and Roof Form. The ADU or JADU entrance shall have the same exterior finish materials as the existing or proposed single-family or multi-family dwelling on the parcel and shall be of the same construction typical of other dwelling units in the zone. The ADU or JADU shall have the same roof form as the primary dwelling and shall not have a flat roof.

3.

Setbacks.

a.

When an existing detached accessory structure is converted to a detached ADU, no additional setbacks shall be required.

b.

When an ADU is constructed above a detached garage, a four-foot side and four-foot rear setback are required.

c.

No additional setbacks shall be required when a new structure containing an ADU is constructed in the same location (and to the same dimensions as the existing detached accessory structure).

d.

Four-foot side and four-foot rear setbacks shall be required for detached ADUs on parcels containing either existing single or multi-family dwellings.

4.

Addresses. The addresses of both the primary dwelling and the ADU shall be displayed and clearly visible from the street for public safety purposes.

5.

Fire Sprinklers and Passageways. Fire sprinklers are not required to be provided with an ADU if they are not required for the single-family dwelling. No passageway defined as "a pathway that is not unobstructed, clear to the sky, and extends from a street to one (1) entrance of an ADU or JADU" shall be required.

H.

Parking.

1.

A maximum of one (1) additional off-street parking space shall be provided for an ADU or per bedroom, whichever is less. Parking for an ADU may be provided as tandem parking on an existing driveway or in the front or rear setback areas. These spaces shall not be covered if located within the setback areas.

2.

When all or a portion of a garage, carport, or other parking structure is converted or demolished to construct an accessory dwelling unit, the parking spaces displaced by the conversion are not required to be replaced.

3.

The parking standards provided in this section and otherwise in this code do not apply to an ADU in any of the following instances:

a.

It is located within one-half (½) mile walking distance of public transit (defined as "a location including but limited to a bus stop or train station, where the public may access strains, subways, buses, or other forms of transportation that charges set fares, runs on fixed routes, and are available to the public");

b.

It is located within an official architecturally and historically significant historic district;

c.

It is part of the proposed or existing primary residence or an accessory structure;

d.

On-street parking permits are required but not offered to occupants of an ADU;

e.

A car share vehicle is located within one (1) block of the ADU; and

f.

The ADU is an attached or converted ADU. To qualify for any of the above exemptions, the applicant shall provide supporting evidence as part of a building permit application.

(Ord. No. 2555, § 4, 9-18-2023)