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Visalia City Zoning Code

CHAPTER 17

16 MULTI-FAMILY RESIDENTIAL ZONES

17.16.010 Purpose and intent.

   In the R-M multi-family residential zones, the purpose and intent is to provide living areas within the two multi-family residential zones (one medium density and one high density) with housing facilities where development is permitted with a relatively high concentration of dwelling units, and still preserve the desirable characteristics and amenities of a low density atmosphere. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7290)

17.16.015 Applicability.

   The requirements in this chapter shall apply to all property within R-M zone districts. (Ord. 2017-01 (part), 2017)

17.16.020 Permitted uses.

   In the R-M multi-family residential zones, the following uses are permitted by right:
   A.   Existing one-family dwellings;
   B.   Multi-family dwellings up to eighty (80) dwelling units per site;
   C.   Fruit, vegetable and horticultural husbandry;
   D.   Swimming pools used only by residents on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or in a required side yard;
   E.   Temporary subdivision sales offices;
   F.   Licensed day care for a maximum of fourteen (14) children in addition to the residing family, situated within an existing single-family dwelling;
   G.   Twenty-four (24) hour care facilities or foster homes for a maximum of six individuals in addition to the residing family;
   H.   Signs subject to the provision of Chapter 17.48;
   I.   The keeping of household pets, subject to the definition of household pets set forth in Section 17.04.030;
   J.   Adult day care for a maximum of twelve (12) individuals in addition to the residing family, situated within an existing single-family dwelling;
   K.   Other uses similar in nature and intensity as determined by the city planner;
   L.   Transitional housing or supportive housing as those terms are defined in Section 17.04.030;
   M.   Single-room occupancy (SRO), as follows:
   1.   Up to fifteen (15) units per gross acre in the R-M-2 zone district;
   2.   Up to thirty-five (35) units per gross acre in the R-M-3 zone district.
   N.   Senior citizen residential developments, meeting city standards and having a density in the Medium Density Residential range of ten (10) to fifteen (15) housing units per acre in the R-M-2 zone district or having a density in the High Density Residential range of fifteen (15) to thirty-five (35) housing units per acre in the R-M-3 zone district;
   O.   Employee housing as defined in California Health and Safety Code Section 17008.
(Ord. 2020-09 (part), 2020; Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30, 1996: prior code § 7291)

17.16.030 Accessory uses.

   In the R-M multi-family residential zone, accessory uses include:
   A.   Home occupations subject to the provisions of Section 17.32.030;
   B.   Accessory buildings subject to the provisions of Section 17.16.090B;
   C.   Cottage food operations that meet all the requirements contained in Health and Safety Code Section 113758 and those stated in Section 17.32.035;
   D.   Accessory dwelling units as specified in Sections 17.12.140 through 17.12.200.
(Ord. 2020-09 (part), 2020; Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7292)

17.16.040 Conditional uses.

   In the R-M multi-family residential zone, the following conditional uses may be permitted in accordance with the provisions of Chapter 17.38:
   A.   Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, licensed day care facilities for more than fourteen (14) children; churches, parsonages and other religious institutions;
   B.   Public and private charitable institutions; general hospitals, sanitariums, nursing and convalescent homes, and hospices; including specialized hospitals, sanitariums, or nursing, rest and convalescent homes including care for acute psychiatric, drug addiction or alcoholism cases;
   C.   Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers;
   D.   In the R-M-3 zone only, an open air public or private parking lot, subject to all provisions of Section 17.34.030, excluding trucks over 3/4 ton;
   E.   Electric distribution substations;
   F.   Gas regulator stations;
   G.   Public service pumping stations and/or elevated or underground tanks;
   H.   Communication equipment buildings;
   I.   Mobile home parks, meeting regulations specified in Section 17.32.040 and having a density in the Medium Density Residential range of ten (10) to fifteen (15) housing units per acre in the R-M-2 zone district or having a density in the High Density Residential range of fifteen (15) to thirty-five (35) housing units per acre in the R-M-3 zone district;
   J.   More than eighty (80) units per site;
   K.   Boarding houses and residential motels;
   L.   Twenty-four (24) hour residential care facilities or foster homes for more than six (6) individuals in addition to the residing family;
   M.   Adult day care in excess of twelve (12) individuals;
   N.   Planned developments may utilize the provisions of Chapter 17.26;
   O.   New one-family dwelling, meeting density identified in the general plan land use element designations;
   P.   Other uses similar in nature and intensity as determined by the city planner;
   Q.   Residential developments utilizing private streets in which the net lot area (lot area not including street area) meets or exceeds the site area prescribed by this chapter and in which the private streets are designed and constructed to meet or exceed public street standards;
   R.   Residential structures up to four stories in height in the R-M-3 Zone District when the proposed structure is adjacent to an R-1 Zone District.
(Ord. 2024-07 § 6, 2024: Ord. 2020-09 (part), 2020; Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: amended during 10/97 supplement: Ord. 9717 § 2 (part), 1997: Ord. 9605 § 30 (part), 1996: prior code § 7293)

17.16.050 Site area and configuration.

   A.   The division of (R-M) multi-family residential property less than two (2) acres shall be approved as part of a conditional use permit. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7294)

17.16.060 Site area per dwelling unit and per structure.

   The minimum site area per dwelling unit shall be three thousand (3,000) square feet in the R-M-2 zone and one thousand two hundred (1,200) square feet in the R-M-3 zone. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7295)

17.16.070 Front yard.

   A. The minimum front yard shall be as follows:
   Zone         Minimum Front Yard
   R-M-2            15 feet
   R-M-3            15 feet
   B.   On a site situated between sites improved with buildings, the minimum front yard may be the average depth of the front yards on the improved site adjoining the side lines of the site but need not exceed the minimum front yard specified above.
   C. All garage doors facing the front property line shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk. (Ord. 2017-01 (part), 2017: Ord. 2004-20 (part), 2004: Ord. 9717 § 2 (part), 1997: prior code § 7297)

17.16.080 Side yards.

   A.   The minimum side yard for a permitted or conditional use shall be five feet subject to the exception that on the street side of a corner lot the side yard shall be not less than ten feet.
   B.   Side yard providing access to more than one dwelling unit shall be not less than ten feet.
   C.   On corner lots, all garage doors shall be a minimum of twenty-two (22) feet from the nearest public improvement or sidewalk.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7298)

17.16.090 Rear yard.

   The minimum rear yard for a permitted use shall be fifteen (15) feet in the R-M-3 zone and twenty-five (25) feet in the R-M-2 zone, subject to the following exceptions:
   A.   On a corner or reverse corner lot in R-M-2 zone the rear yard shall be twenty-five (25) feet on the narrow side or twenty (20) feet on the long side of the lot. The decision as to whether the short side or long side is used as the rear yard area shall be left to the applicant's discretion, as long as a minimum area of one thousand five hundred (1,500) square feet of usable rear yard area is maintained.
   B.   Accessory structures not exceeding twelve (12) feet in height may be located in the required rear yard, but not closer than three feet to any lot line; provided, that on a reversed corner lot an accessory structure shall be located not closer to the rear property line than the required side yard on the adjoining key lot and not closer to the side property line adjoining the street than the required front yard on the adjoining key lot. In placing accessory structures in a required rear yard a usable, open, rear yard area of at least one thousand two hundred (1,200) square feet shall be maintained.
   C.   Exceptions to the rear yard setback can be granted for multiple family units that have their rear yard abutting an alley. The exception may be granted if the rear yard area is to be used for parking. Through the site plan review process, consistency with this section may be determined for permitting purposes subject to the provisions of Section 17.28.050.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: Ord. 9717 § 2 (part), 1997: prior code § 7299)

17.16.100 Height of structures.

   The maximum height of structures shall be thirty-five (35) feet or three (3) stories whichever is taller in the R-M-2 zone. The maximum height shall be four (4) stories in the R-M-3 zone. Where an R-M-2 or R-M-3 site adjoins an R-1 site, the second and subsequent stories shall be designed to limit visibility from the second and third story to the R-1 site. Structures specified under Section 17.16.090(B) shall be exempt.
(Ord. 2017-13 (part), 2017: Ord. 2017-01 (part), 2017: Ord. 2012-02, 2012: Ord. 2006-07 § 2 (part), 2006: Ord. 9717 § 2 (part), 1997: prior code § 7300)

17.16.110 Off-street parking.

   Off-street parking shall be subject to the provisions of Chapter 17.34. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7301)

17.16.120 Fences, walls and hedges.

   Fences, walls and hedges shall be subject to the provisions of Section 17.36.040. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7302)

17.16.130 Trash enclosures.

   Enclosures for trash receptacles are permitted that comply with the specifications and requirements of Section 17.32.010 and that are approved by the site plan review staff. Enclosures within the front yard setback are permitted for multiple family dwelling units when deemed necessary by city staff because no other appropriate location for an enclosure exists on the property.
(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7303)

17.16.140 Site plan review.

   A site plan review permit must be obtained for all developments other than a single-family residence in R-M zones, subject to the requirements and procedures of Chapter 17.28. (Ord. 2017-01 (part), 2017)

17.16.150 Open space and recreational areas.

   Any multiple family project approved under a conditional use permit or site plan review permit shall dedicate at least five (5) percent of the site to open, common, usable space and/or recreational facilities for use by tenants as a part of that plan. The calculated space shall not include setback areas adjacent to a street. Shared open space could include parks, playgrounds, sports courts, swimming pools, gardens, and covered patios or gazebos open on at least three (3) sides. Further, the calculated space shall not include enclosed meeting or community rooms. The specific size, location and use shall be approved as a part of the conditional use permit. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7305)

17.16.160 Screening.

   All parking areas adjacent to public streets and R-1 sites shall be screened from view subject to the requirements and procedures of Chapter 17.28. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7306)

17.16.170 Screening fence.

   Where a multiple family site adjoins an R-1 site, a screening block wall or wood fence not less than six feet in height shall be located along the property line; except in a required front yard, or the street side of a corner lot and suitably maintained. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7307)

17.16.180 Landscaping.

   All multiple family developments shall have landscaping including plants, and ground cover to be consistent with surrounding landscaping in the vicinity. Landscape plans to be approved by city staff prior to installation and occupancy of use and such landscaping to be permanently maintained. (Ord. 2017-01 (part), 2017: Ord. 9717 § 2 (part), 1997: prior code § 7308)

17.16.190 Model good neighbor policies.

   Before issuance of building permits, project proponents of multi-family residential developments in the R-M zones that are subject to approval by the Site Plan Review Staff or the Planning Commission, shall enter into an operational management plan (Plan), in a form approved by the City for the long term maintenance and management of the development. The Plan shall include but not be limited to: The maintenance of landscaping for the associated properties; the maintenance of private drives and open space parking; the maintenance of the fences, on-site lighting and other improvements that are not along the public street frontages; enforcing all provisions covered by covenants, conditions and restrictions that are placed on the property; and, enforcing all provisions of the model Good Neighbor Policies as specified by Resolution of the Planning Commission, and as may be amended by resolution.
(Ord. 2024-07 § 3 (part), 2024: Ord. 2017-01 (part), 2017: Ord. 2006-11 § 1, 2006)

17.16.200 Signs.

   Signs shall be placed in conformance with Chapter 17.48. (Ord. 2017-01 (part), 2017)