Chapter 9-200 — Residential Zones

Sections:

9-200.010 - PURPOSE

The purpose of this Chapter is to prescribe use, lot, and structure regulations and development standards for Residential Zones, consistent with the General Plan. The specific purposes of the Residential Zones are to:

(a)

Designate adequate land, consistent with the General Plan, for residential uses;

(b)

Preserve, protect, and enhance the character of the County's residential neighborhoods and its urban and rural communities;

(c)

Ensure adequate light, air, and open space for each dwelling;

(d)

Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and other residential uses and appropriate to the physical characteristics of the site and the area where the project is proposed;

(e)

Promote opportunities for a variety of housing for all income groups and for those with special housing needs; and

(f)

Provide sites for public and semi-public land uses, such as day care centers, parks, community facilities, religious assemblies, schools, and public safety facilities that will serve County residents.

The following zones implement the General Plan residential land use designations.

R-R Zone. The Rural Residential (R-R) Zone provides for large-lot rural homesites within existing rural communities where full urban services are not available or expected and in urban communities where rural residential densities already exist. Lots will generally have sufficient area to allow for individual water supply, sewage disposal, and storm water drainage. Typically, areas in this zone will contain parcels too small to support significant commercial agriculture, yet are suitable for residential use without undue detriment to the agricultural productivity of San Joaquin County. This zone implements the Rural Residential land use designation of the General Plan.

R-VL Zone. The Very Low Density Residential (R-VL) Zone provides a transition from agricultural and rural to urban areas by allowing for detached, single-unit dwellings and bungalow courts on large lots located in areas with existing large-lot development, within communities around sensitive natural resources, or on the urban fringes around cities. This zone implements the Very Low Density Residential land use designation of the General Plan.

R-L Zone. The Low Density Residential (R-L) Zone provides for neighborhoods consisting of detached single-unit dwellings and bungalow courts, generally located within urban communities and city fringe areas that are served by a public water supply, sanitary sewer system, and similar facilities and services. Limited neighborhood-serving commercial uses and compatible public and quasi-public uses, including parks and schools, are permitted, subject to standards to ensure land use compatibility. This zone implements the Low Density Residential land use designation of the General Plan.

R-M Zone. The Medium Density Residential (R-M) Zone accommodates attached and detached single- unit dwellings, including duplexes, bungalow courts, and multi-unit residential development in neighborhoods most appropriately situated as buffers between less and more intensively developed residential areas or as transitions from residential to commercial areas. In addition to residential uses, this zone allows for small- scale neighborhood commercial and office uses at appropriate locations and a limited number of public and quasi-public uses, such as day care centers, parks, schools, public safety facilities, and residential care facilities, all of which are appropriate in a medium density residential environment. The zone implements the Medium Density Residential land use designation of the General Plan.

R-MH Zone. The Medium-High Density Residential (R-MH) Zone allows for detached and attached single- unit dwellings, bungalow courts, and multi-unit residential development in central portions of urban communities, along major transportation routes, and around major commercial areas. In addition to residential uses, this zone allows for limited neighborhood-serving commercial and office uses, compatible public and semi-public uses including day care centers, public safety facilities, community assembly, parks, schools, and residential care facilities and transitional and supportive housing, all of which are appropriate in a medium-high density residential environment. This zone implements the Medium-High Density Residential land use designation of the General Plan.

R-H Zone. The High Density Residential (R-H) Zone provides for a broad variety of housing, including single- unit dwellings, duplexes, bungalow courts and multi-unit residential development, located near central business districts, major commercial areas, and major transportation routes. It also accommodates hotels and motels, neighborhood-scale commercial and mixed use development, offices, and compatible public and quasi-public uses, including day care centers, public safety facilities, community assembly, parks,

schools, and residential care facilities and transitional and supportive housing. This zone is intended to implement the High Density Residential land use designation of the General Plan.

9-200.020 - LAND USE REGULATIONS

Table 9-200.020-1 prescribes the land use regulations for the Residential zones. Use types are defined in Chapter 9-901, Updated Use Type Classifications; key terms used in the classifications are defined in Chapter 9-900, Terms and Definitions. In cases where a specific land use is not defined, the Zoning Administrator shall assign the land use a classification that is substantially similar in character. Use classifications and sub classifications not listed in the table or not found to be substantially similar to the uses listed in the table are prohibited. Numbered limitations for a specific use in an individual zone ("L1, L2, etc.") refer to limitations listed at the end of the table. The right-hand column in the table includes specific section references for other regulations in this Title, in Chapter 9-409, Standards for Specific Uses and Activities, and in other chapters. Zoning Compliance Review and permitting procedures are in the 800 Series.

TABLE 9-200.020-1: USES IN RESIDENTIAL ZONES

P = Permitted Use (Building Permit may be required); T=Temporary Use Permit required; Z = Zoning Compliance Review required; A = Administrative Use Permit by Zoning Administrator; C = Conditional Use Permit by Planning Commission; SPP Special Purpose Plan required; L# = Numbered limitation at end of table. "-" = Not permitted

Use Types R-R R-VL R-L R-M R-MH R-H Additional Regulations

Residential

Day Care See subclassifications below

 Day Care Center C C C C C C 9-409.170, Day Care Center

 Large Family Day Care A A A A A A 9-409.220, Family Day Care, Large

 Small Family Day Care P P P P P P

Emergency Shelter - - - A A A 9.409.190, Emergency Shelters

Farm Employee Housing See subclassifications below 9-409.230, Farm Employee Housing

 Large

 Small - - - - - -

Group Residential See subclassifications below 9-409.250, Group Residential

 Congregate - - A A A A Housing

 Senior Group Residential - - A A A A

Mobile Home Park - - C C - - 9-409.310, Mobile Home Park

Residential Care Facility See subclassifications below 9-409.390, Residential Care, General

 Large A A A A A A

 Small P P P P P P

 Senior A A A A A A

Residential Housing Types See subclassifications below

Single-Unit Dwelling P P P P P P 9-200.040, Two-unit Projects in the R-L Zone 9-409.020, Accessory Dwelling  Bungalow Court P P P P P P Units 9-409.030, Accessory Short-term  Duplex - - - P P P Rentals 9-409.160, Cottage Food  Multi-Unit Residential - - - A A Z Operations 9-409.270, Home Occupations

Single Room Occupancy - - - - - P 9-409.420, Single Room Occupancy Housing

Supportive Housing - - P P P P

Transitional Housing - - P P P P

Veterans Supportive Housing - - P P P P 9-409.460, Veterans Supportive Housing

Non-Residential

Adult Business - - - - - -

Aerial Facilities See subclassifications below

 Agricultural, Light - - - - - -

 Agricultural, Heavy - - - - - -

 Airfield - - - - - -

 Commercial Airport - - - - - -

Agricultural Excavation See subclassifications below

 Large - - - - - -

 Small - - - - - -

Agricultural Sales See subclassifications below

 Agricultural Chemical Sales - - - - - -

 Feed and Grain Sales - - - - - -

 Agricultural Warehousing - - - - - -

Animal Care, Sales, and Services See subclassifications below

 Boarding and Breeding See subclassifications below

  Large A - - - - -

  Small A - - - - -

 Grooming and Sales - - - - - -

Stable A - - - - -

 Veterinary

  Large Animal - - - - - -

  Small Animal - - - - - -

Animal Feeding and Sales - - - - - -

Animal Raising See subclassifications below 9-409.070, Animal Keeping and Raising

 Exotic - - - - - -

 Family Food P P P - - - Production/Education

 General - - - - - -

 Hogs - - - - - -

 Other - - - - - -

Artist's Studio See subclassifications below

 Large - - - - - -

 Small - - - - - -

Assembly See subclassifications below 9.409.080, Assembly

 Community - - C C C A

 Veterans and Service - - - C C A Organizations

 Religious C C C C C C

Auction Sales See subclassifications below

 Indoor - - - - - -

 Outdoor - - - - - -

Automotive Sales and Services See subclassifications below 9-409.090, Automobile/Vehicle Sales and Services

 Rentals - - - - - -

 Repairs, Limited - - - - - -

 Repairs, Major - - - - - -

 Sales - - - - - -

 Washing/Detailing - - - - - -

 Towing and Impound - - - - - -

Carbon Capture and Sequestration See subclassifications below

 Hauling and Transfer - - - - - -

 Storage and Processing - - - - - -

Catering and Delivery - - - - - -

Cinema/Theater - - - - - -

Commercial Cannabis See subclassifications below 9-409.140, Commercial Cannabis

 Cultivation - - - - - -

 Distribution - - - - - -

 Manufacturing - - - - - -

 Non-Storefront Retail Sales - - - - - -

 Laboratory Testing - - - - - -

Communication Facility See subclassifications below

 Tower A A A A A A

 Building-Related Z Z Z Z Z Z

 Co-Location Z Z Z Z Z Z

Community Garden P P P P P P

Construction Services See subclassifications below

 General - - - - - -

 Heavy Infrastructure - - - - - -

 Outdoor Storage - - - - - -

Correctional or Detention Facility - - - - - -

Crop Production P P P P P P

Cultural Institutions - - - C A A

Dairies and Creameries - - - - - -

Eating and Drinking Establishment See subclassifications below

 Bar - - - - - -

 Mobile Food Vendor, On- - - - - - - Premises

 Restaurant, Full Service - - - - - -

 Restaurant, Limited Service - - - - - -

Educational Services See subclassifications below

 College - - - - C C

 Schools - - C C C C 9-409.400, Schools

 Trade Schools - - - - - C

Equipment Sales, Repair, and See subclassifications below Storage

 Aircraft - - - - - -

 Farm Machinery, Sales - - - - - -

 Farm Machinery, Repair - - - - - -

 Heavy Equipment, Sales - - - - - -

 Heavy Equipment, Repair

 Leisure, Sales and Repair - - - - - -

Leisure, Storage - - - - - -

 Small Equipment Rental - - - - - -

Farm Services - - - - - -

Freight and Truck Terminals - - - - - -

Fuel Sales See subclassifications below

 Automotive - - - - - -

Automotive, Alternative - - - - A A

 Recharging - - - - - -

 Trucks

 Trucks, Alternative - - - - - -

Funeral/Interment Services See subclassifications below

 Cemetery - C C C - -

 Crematory - - - - - -

 Mortuary - - - - - -

Government Building - - - - C C

Industrial Hemp Production - - - - - -

Industry See subclassifications below

 Agricultural, Light - - - - - -

 Agricultural, Heavy - - - - - -

 Limited - - - - - -

 General - - - - - -

Instructional Services - - - - - -

Light Fleet-Based Services - - - - - -

Live-Work Unit - - - - - -

Major Impact Services - - - - - -

Marina - - - - - -

Soil replacement and stockpiling - - - - - -

Medical Services See subclassifications below 9-409.280, Hospitals and Clinics

 Hospital - - - - C C

 Clinic - - - A A A

 Skilled Nursing Facility - - - C C C

Nursery Sales and Landscaping - - - - - - Services

Offices - - - - A A L1

Parks and Open Space See subclassifications below

 Park A A A A A A

Wildlife Preserve - - - - - -

Parking Facility - - - - - -

Personal Services See subclassifications below 9-409.350, Personal Services

 General - - - - A A L1

 Massage Establishment - - - - - -

 Health and Fitness Facility - - - - A A L1

Petroleum and Gas Extraction - - - - - -

Produce Sales See subclassifications below

 Agricultural Store, Small - - - - - -

 Agricultural Store, Large - - - - - -

 Farmers' Market, Certified - - - - - -

 Produce Stand P P - - - -

Public Safety Facility C C C C C C

Quarry Operations - - - - - -

Recreation Facility See subclassifications below

 Campground - - - - - -

 Large-Scale Outdoor Facility - - - - - -

 Large-Scale Indoor Facility - - - - - -

 Outdoor Sports - - - - - -

 Resort - - - - - -

 Small-Scale Facility - - - - - -

Recycling Facility See subclassifications below

 Agricultural - - - - - -

Farm Services - - - - - -

 Sorting - - - - - -

 Processing - - - - - -

Renewable Energy See subclassifications below

 Biomass Conversion - - - - - -

 Small-Scale Solar Energy P/Z P/Z P/Z P/Z P/Z P/Z Systems

 Small-Scale Wind Energy System A A A A A A 9-409.430, Solar Energy Systems 9-409.470, Wind Energy Systems  Utility-Scale Solar Energy System A A A A A A

 Utility-Scale Wind Energy System A A A A A A

Repair Service - - - - - -

Research and Development See subclassifications below

High Technology - - - - - -

 Laboratory - - - - - -

Retail Sales and Services See subclassifications below

 Alcoholic Beverage Sales, Off- - - - - - - Premises

 Building Materials & Supplies - - - - - -

 Business Services - - - - - - 9-409.150, Convenience Stores, L2

 Convenience Store - - - - Z Z

 Market - - - - - -

General - - - - - -

Salvage and Wrecking - - - - - -

Signs, Off-Premises - - - - - - 9-408.130 Off-Premises Signs

Social Service Center - - - - C C

Soil Replacement and Stockpiling - - - - - -

Transient Lodging See subclassifications below

 Bed and Breakfast A A A A A A 9-409.100, Bed and Breakfast Lodging

 Hotel and Motel - - - - A A

 Recreational Vehicle Park - - - - - -

Truck Services See subclassifications below

 Parking - - - - - -

 Repairs - - - - - -

 Sales and Rentals - - - - - -

 Stop - - - - - -

 Washing - - - - - -

Utility See subclassifications below

 Major C C C C C C

 Minor P P P P P P

Warehouse, Storage, and See subclassifications below Distribution

 Chemical, Mineral, and - - - - - - Explosives

 Indoor - - - - - -

 Outdoor - - - - - -

 Personal - - - - - -

 Vehicle - - - - - -

Waste Facility See subclassifications below

Agricultural - - - - - -

 Hauling and Transfer - - - - - -

 Landfill - - - - - -

Water Storage - - - - - -

Wine Facility See subclassifications below

 Large Winery - - - - - -

 Medium Winery - - - - - -

 Small Winery - - - - - -

 Off-Site Wine Cellar - - - - - -

Notes: L1 Allowed on the ground floor of a residential building with an Administrative Use Permit. L2 An Administrative Use Permit is required if more than 2,500 square feet.

(a)

Expansion of Uses and Structures. Uses or structures that require discretionary review may be expanded with a Zoning Compliance Review, provided the following conditions are met:

(1)

The proposed expansion or construction of a structure involves less than a 25 percent increase in the approved floor area as shown on the most recent land use permit or Zoning Compliance Review on file, but no more than 10,000 square feet;

(2)

The proposed expansion involves less than a 25 percent increase in the developed area of the site; and

(3)

The proposed expansion will not have a substantial, adverse effect on adjacent property and on the traffic- carrying capacity of local streets.

(4)

The expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency.

Where conditions in Subsections (1) through (4) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-202.020-1 for a new use.

(b)

Change in Use. Any change in an existing use to a new use that requires a land use permit shall be permitted without a land use permit, provided the Zoning Administrator finds that the proposed use:

(1)

will have no greater impact than the existing use; and

(2)

occupies the same floor area as the existing use.

The Zoning Administrator reserves the right to require a Zoning Compliance Review in lieu of the land use permit or to allow a minor expansion, as needed.

(c)

Accessory Uses and Structures. Accessory uses and structures permitted, not permitted, and conditionally permitted are set forth in Table 9-200.020-2. Accessory uses and structures not specifically listed in Table 9- 200.020-2 are allowed with a Zoning Compliance Review if the primary use is permitted; they require an Administrative Use Permit if the primary use requires either an Administrative Use Permit or a Conditional Use Permit. All accessory uses are subject to the requirements of Section 9-409.040, Accessory Uses.

TABLE 9-200.020-2: ACCESSORY USES AND STRUCTURES IN RESIDENTIAL ZONES

P = Permitted Use (Building Permit may be required); T = Temporary Use Permit required; Z = Zoning Compliance Review required; A = Administrative Use Permit by Zoning Administrator; C = Conditional Use Permit by Planning Commission; SPP = Special Purpose Plan required; L# = Numbered limitation at end of table; "-" = Not permitted

Accessory Use or Structure R-R R-VL R-L R-M R-MH R-H Additional Regulations (Section)

Accessory Dwelling Unit P P P P P P 9-409.020, Accessory Dwelling Units and Junior Accessory Dwelling Units

Accessory Short-Term Rentals Z Z Z Z Z Z 9-409.030, Accessory Short-Term Rentals + Term Rentals

Antennae, Radio/TV Dish P P P P P P Chapter 9-411, Wireless Telecommunication Facilities

Agricultural Building P P P P P P

Agricultural Equipment Storage P P P P P P

Barn P P P - - -

Biomass Energy Production - - - - - -

Boathouse, Private P P P P P P One per lot

Coop P P P P P P

Distilled Spirits Storage - - - - - -

Dock, Private P P P P P P One per lot

Firewood Sales - - - - - -

Garage, Private P P P P P P

Greenhouse, Private P P P - - -

Guesthouse P P P P - -

Home Occupation P P P P P P 9-409.270, Home Occupations

Horse Raising P P - - - - See 9-900.020, Definitions

Owner-Operator Truck Parking - - - - - -

Packing Shed - - - - - -

Pet Grooming and Training - - - - - -

Pump/Pumphouse P P - - - -

Residential Solar Energy System, P P P P P P 9-409.430, Solar Energy Systems Small

Silo - - - - - -

Stable, Private P P P - - -

Swimming Pool & Equipment P P P P P P

Water Storage Facility P - - - - -

Wind Energy Machine, Private P P - - - - 9-409.470, Wind Energy Systems

Wine Tasting Room - - - - - -

Workshop/Hobby Shop P P P P - -

(d)

Temporary Uses and Structures. Permitted, not permitted, and conditionally permitted temporary uses and structures are set forth in Table 9-200.020-3 and Section 9-409.450, Temporary Uses. Temporary uses or structures not specifically listed in Table 9-200.020-3 may be allowed, subject to approval of a Temporary Use Permit pursuant to Section 9-804.080, Temporary Use Permits.

TABLE 9-200.020-3: TEMPORARY USES & STRUCTURES IN RESIDENTIAL ZONES

P = Permitted Use (Building Permit may be required); T = Temporary Use Permit required; Z = Zoning Compliance Review required; A = Administrative Use Permit by Zoning Administrator; C = Conditional Use Permit by Planning Commission; SPP = Special Purpose Plan required; L# = Numbered limitation at end of table; "-" = Not permitted

Temporary Use or Structure R-R R-VL R-L R-M R-MH R-H Regulations (Section)

Auction, Agricultural Machinery - - - - - -

Auction, Livestock - - - - - -

Car Wash, Private P P P P P P 9-409.450 (a), Exempt Temporary Uses

Commercial Filming P P P P P P

Corporation yard - - - - - -

Farmers' Market, Certified - - - - - -

Garage/Yard Sales P P P P P P Limit: 2 sales, up to 3 consecutive days, 4 times a year; see 9-409.450(a) (3)

Produce Stand - - - - - -

Public Display of Fireworks T T T - - - 9-409.240, Fireworks

Real Estate Sales P P P P P P

Special Events and Sales - - - - - - 9-409.440, Special Events and Sales

 Special Outdoor Event T T - - - -

 Special Indoor Event T T - - - -

 Seasonal Sales - - - - - -

Subdivision Sales Office T T T T T T

Storage Structure T T T T T T Only if incidental to construction pursuant to a building permit; see 9- Temporary Real Estate Sales - - - - - -