Fairfax City Zoning Code
CHAPTER 17
090: RM-S MULTIPLE-FAMILY RESIDENTIAL - SENIOR - RESIDENTIAL ZONE
§ 17.090.010 GENERALLY.
(A) The RM-S residential zone is intended to create use and development standards for senior residential housing in a way that preserves and enhances its surroundings; recognizes the requirements of state and federal housing laws (including the Federal Fair Housing Act [42 U.S.C. §§ 3601-3631], the California Fair Employment and Housing Act [Cal. Gov't Code §§ 12900-12995], and the California Unruh Civil Rights Act [Cal. Civil Code §§ 51-53]); and to encourage the development of senior housing. No premises in the RM-S senior residential zone may be used for any purpose or in any manner, except as set forth in this chapter.
(B) All structures, physical improvements and modifications involving soil or drainage modifications that fall into any of the categories listed in § 17.072.020 are subject to the Hill Area Residential Development permit requirements.
(Ord. 808, passed 6-7-2017; Am. Ord. 845, passed 2-5-2020; Am. Ord. 885, passed 11-1-2023)
§ 17.090.020 PRINCIPAL PERMITTED USES AND STRUCTURES.
(A)
Permitted uses in the RM-S zone are multiple dwellings and apartments for the exclusive use and occupancy of residents who can establish eligible occupancy, as defined herein, at a density of not more than ten dwelling units per acre, or as may otherwise be established in the Fairfax General Plan and this title for affordable housing density bonuses. Supportive housing and transitional housing also are allowed with a zoning permit, and no discretionary review is required, provided the standards of Chapter 17.138 are met.
(B) For purposes of this chapter, the following definitions shall apply:
(1) "Eligible occupancy" requires that the persons commencing any occupancy of a dwelling unit in the RM-S zone include a senior citizen who intends to reside in the unit as his or her primary residence on a permanent basis. The residency of any onsite staff shall comply with the state and federal laws identified in § 17.090.010 above.
(2) "Senior citizen" has the meaning set forth in Cal. Civil Code § 51.3(b)(1).
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.030 CONDITIONAL USES AND STRUCTURES.
General residential care is allowed with approval of a conditional use permit, subject to the standards of Chapter 17.138. There shall be no other conditional uses or structures in the RM-S zone.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.040 ACCESSORY USES AND STRUCTURES.
Accessory uses and structures in the RM-S zone are as follows:
(A) Cabanas, greenhouses, patios, lath houses, tool sheds, playhouses, barbecue pits, fences, walkways, hedges and similar improvements and appurtenances; and
(B) Private garages, parking spaces, swimming pools, shared community rooms and bicycle storage facilities for the exclusive use of the residents of the premises and their guests.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.050 DESIGN REVIEW.
All structures, physical improvements and exterior modifications or building in the RM-S zone are subject to design review, unless specifically exempted in each instance by the Planning Commission or by other provisions of this chapter.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.060 BUILDING SITE REQUIREMENTS.
Building site requirements in the RM-S zone are as follows:
(A) A use permit or hill area residential development permit (HRD) must be first secured for any use, occupancy or physical improvement of or on a building site failing to meet the following requirements:
(1) Minimum area of 87,120 square feet, and a minimum width of 60 feet with a slope of 15 percent or less;
(2) The minimum building site area shall be increased by 600 square feet for each one percent increase in slope over ten percent to and including 15 percent, and the minimum width shall be increased by eight feet for each 600 square feet of additional area required, so that a building site having a slope of 15 percent shall have a minimum area of 10,500 square feet and a minimum width of 100 feet;
(3) Building sites having a slope of more than 15 percent shall increase in area above 10,500 square feet and a minimum width above 100 feet, at the rate of 1,200 square feet of area and five feet of width for each one percent increase in slope;
(4) No building site with an area of more than 130,680 square feet shall be permitted to be rezoned to the RM-S zone.
(B)
Each building site containing three or more dwelling units shall contain not less than 300 square feet of common and private open space for each dwelling unit. The open space shall conform to the following standards:
(1) None of the following shall be counted as a part of the open space required by this section: required yards or setbacks from a property line; separations required between buildings containing dwelling units; an access area or other space required by any other ordinance of the town/such as a building code or safety code (parking areas and driveways); any area less than ten feet in width;
(2)
The following shall be counted as a part of the open space required by this section: patios with a minimum dimension of ten feet and decks and balconies with a minimum dimension of six feet which serve individual dwelling units; courtyards or other open spaces having minimum dimensions of ten feet, uncovered swimming pools, tennis courts, gym and fitness facilities, space for yoga, dance and instruction, and similar recreation areas; landscape areas having minimum dimensions of less than ten feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the common open space by walkways, may be included in calculating the area of such space.
(3) Any area or space which qualifies as a part of the open space required by this section shall continue to be counted as such if it is landscaped. At least 80 percent of the open space provided must have a finished grade of no more than ten percent.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.070 HEIGHT REGULATIONS.
Height regulations in the RM-S zone are as follows:
(A) (1) Except as otherwise permitted by variance, no building or structure occupied by a principal use on a lot having a slope often percent or less shall exceed a height of 28.5 feet nor contain more than two stories.
(2) On lots having a slope in excess of ten percent, no building or structure occupied by a principal use and situated on the downhill side of the street upon which it has its primary frontage shall exceed 35 feet in height, and if situated on the uphill side of the street, no building shall exceed 28.5 feet in height. Regardless of slope, no building shall exceed three stories.
(B) Except as otherwise permitted by variance or by the provisions of § 17.052.020 of this title, no accessory building or structure on any lot shall exceed 15 feet in height nor contain more than one story; provided that handrails required by the Uniform Building Code shall not be included in measuring height.
(Ord. 808, passed 6-7-2017)
§ 17.090.080 YARDS.
Except as otherwise permitted by variance, each building site in the RM-S zone shall have yards as follows:
(A)
A front and rear yard having a combined depth of not less than 40 feet, but neither yard having a depth of less than ten feet and a minimum setback for garages of 18 feet;
(B) Two side yards having a combined width of not less than 25 feet, but neither yard having a width of less than ten feet and a minimum setback for garages of 18 feet; and
(C) On all corner lots, all street frontage of any corner lot shall have a yard setback of ten feet.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.085 DRIVEWAY STANDARDS.
The width and number of driveways for each property within the RM-S Multiple-Family Residential Senior - Residential Zone are regulated by Town Code Chapter 12.12, Driveway Entrances.
(Ord. 875, passed 12-7-2022)
§ 17.090.090 SIGNS.
No signs shall be established or maintained in the RM-S senior residential zone, except as authorized or allowed under the provisions of Chapter 17.064 of this title.
(Ord. 808, passed 6-7-2017)
§ 17.090.100 OFF-STREET PARKING.
Off-street parking spaces and facilities in the RM-S zone shall be provided as required or allowed by the provisions of Chapter 17.052 of this title and the following standards:
(A) A minimum of ten percent of the interior of any parking lot area shall be landscaped;
(B) A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon tree shall be provided at the end of each interior row of parking stalls;
(C) One canopy tree shall be provided for each five parking stall;
(D) A landscaped area at least five feet wide shall be provided between any surface parking area and the property line adjacent to a public street; and
(E) A landscaped area at least three feet shall be provided between any surface parking area and an interior property line.
(Ord. 808, passed 6-7-2017; Am. Ord. 885, passed 11-1-2023)
§ 17.090.110 TRAFFIC IMPACT PERMIT.
The provisions of the traffic impact permit, Chapter 17.056, are applicable to properties in the RM-S zone.
(Ord. 808, passed 6-7-2017)
§ 17.090.120 VARIANCES.
(A) The Planning Commission may require, as a condition of a variance approved and issued under the provision of this section, a reduction of building height, lot coverage, floor area ratio or buildable area, or any combination thereof, when the reduction is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(B) The Planning Commission may require as a condition of a driveway variance approved and issued under the provision of this section an increase in the width or number of driveways entering a property, when the increase is found necessary to protect adjoining property from adverse or detrimental effect, or to prevent the variance from constituting a grant of special privilege.
(Ord. 808, passed 6-7-2017; Am. Ord. 875, passed 12-7-2022)
§ 17.090.130 ADDITIONAL REGULATIONS.
(A) To the extent that specific physical features and services are required for a project, property and/or units in the RM-S zone to meet federal and/or state requirements, the project operator shall construct, maintain, repair and provide such physical features and services, as applicable.
(B) All advertising and publications shall disclose the status of any project within the RM-S zone as senior housing.
(C) The project operator shall submit a report annually to the Town which contains a certification or recertification of the occupant eligibility for each unit, copies of the advertising published regarding the project, the current form of lease/rental agreement with its attachments, and such other documents as may be reasonably requested by the Town.
(D) Unless otherwise prohibited by state or federal law, the project operator shall prohibit any person who has not been determined to be an eligible occupant based on the annual report from continuing to rent or occupy a unit and shall cause any such person to vacate any unit so rented or occupied. Unless otherwise prohibited by state or federal law, when a unit is completely vacated, for any reason whatsoever, the unit shall then again be rented or otherwise made available only to eligible occupants.
(E) All leases and/or rental agreements shall provide for the enforcement of this chapter, state and federal senior citizen housing development requirements and the project's written rules regarding these restrictions.
(F) Projects within the RM-S zone must be restricted to eligible occupants and qualify as "housing for older person" under the Federal Fair Housing Act, and "senior citizen housing" under the Unruh Civil Rights Act, and be subject to federal and state housing laws forbidding discrimination based on familial status.
(G) All projects operating within the RM-S zone shall permit temporary residency, as a guest of an eligible occupant, by a person less than 55 years of age for a period of not less than 60 days in a year, unless otherwise permitted or required under applicable law.
(H) All projects operating within the RM-S zone must conform to the applicable requirements of the Federal Fair Housing Act (42 U.S.C. §§ 3601-3631), the California Fair Employment and Housing Act (Cal. Gov’t Code §§ 12900-12995), and the California Unruh Civil Rights Act (Cal. Civil Code §§ 51-53). In the event of any conflict between the provisions of said laws and this Ordinance, said laws shall prevail.
(Ord. 808, passed 6-7-2017)
§ 17.090.140 SEVERABILITY.
If any section, division, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portion of the chapter. The Town Council hereby declares that it would have passed each section, division, paragraph, sentence, clause or phrase of this chapter irrespective of the unconstitutionality or invalidity of any section, division, subsection, paragraph, sentence, clause or phrase of this chapter.
(Ord. 808, passed 6-7-2017)