Chapter 9-2
REGULATIONS APPLYING TO ALL DISTRICTS

Sections:

Article 1. Special Provisions Applying to All or Several Districts

9-2-101    Accessory buildings and uses.

9-2-102    Adult entertainment facilities.

9-2-103    Affordable housing density bonus.

9-2-104    Automobile service stations, repair and washing.

9-2-105    Building projections into yards.

9-2-106    Development on existing lots of record.

9-2-107    Development on lots divided by district boundaries.

9-2-108    Exceptions to height limits.

9-2-109    Landscaping and irrigation.

9-2-110    Family day care home.

9-2-111    Mobile home development.

9-2-112    Outdoor storage.

9-2-113    Planned developments.

9-2-114    Permitted locations of mobile homes, recreational vehicles, and campers.

9-2-115    Recycling and solid waste disposal regulations.

9-2-116    Recycling facilities.

9-2-117    Salvage and wrecking operations.

9-2-118    Screening of mechanical equipment.

9-2-119    Second dwelling units.

9-2-120    Swimming pools, spas and hot tubs.

9-2-121    Underground utilities.

9-2-122    Neighborhood stores.

9-2-123    Rental storage facility.

9-2-124    Equipment sales, service and rentals.

9-2-125    Mobile food facilities.

Article 2. Off-Street Parking and Loading Regulations

9-2-201    Specific purposes.

9-2-202    Application of provisions to uses.

9-2-203    Off-street parking required: Availability and maintenance.

9-2-204    Off-street parking: Reconstructed buildings.

9-2-205    Off-street parking for existing buildings and uses.

9-2-206    Off-street parking: Location.

9-2-207    Parking in the R District.

9-2-208    Border barricades, screening, and landscaping.

9-2-209    Off-street parking: Spaces required.

9-2-210    Parking spaces for people with disabilities.

9-2-211    Bicycle parking.

9-2-212    Off-street parking districts.

9-2-213    Parking configuration and aisle dimensions.

9-2-214    Specific parking area design.

9-2-215    Parking access from street.

9-2-216    Driveway and corner visibility.

9-2-217    Additional design standards for parking lots and structures.

9-2-218    Location and design of off-street loading spaces.

9-2-219    Parking area plan required.

Article 3. Noise Standards

9-2-301    Specific Purposes.

9-2-302    Definitions.

9-2-303    General noise regulations.

9-2-304    Preliminary action.

9-2-305    Factors of determination.

9-2-306    Noise measurement procedure.

9-2-307    Noise Limits.

9-2-308    Maximum permissible sound levels by receiving land uses.

9-2-309    Prohibited acts.

9-2-310    Emergency exemptions.

9-2-311    Miscellaneous exemptions.

9-2-312    Federal and State preempted activities.

9-2-313    Special variances.

9-2-314    Variance from time to comply.

9-2-315    Appeals.

Article 4. Nonconforming Structures and Uses

9-2-401    Specific purposes.

9-2-402    Nonconforming Uses.

9-2-403    Nonconforming Structures.

9-2-404    Loss of Nonconforming Status.

9-2-407    Discontinuance.

9-2-408    Replacement and repairs due to damage.

9-2-409    Repairs and maintenance.

9-2-410    Exceptions to provisions.

Article 5. Signs

9-2-501    Purpose.

9-2-502    Interpretation.

9-2-503    Definitions.

9-2-504    Permits required.

9-2-505    Sign classifications.

9-2-506    Sign standards.

9-2-507    Nonconforming signage.

9-2-508    Unsafe and unlawful signs.

9-2-509    Compliance with chapter provisions: Nuisances: Abatement.

9-2-510    Noncompliance.

9-2-511    Removal, Costs, and Enforcement.

9-2-512    Appeals by persons aggrieved.

Article 6. Wireless Communication Facilities

9-2-601    Purpose.

9-2-602    Definitions.

9-2-603    Compliance with applicable codes.

9-2-604    Permits required.

9-2-605    Application requirements.

9-2-606    Height.

9-2-607    Location.

9-2-608    Residential Districts.

9-2-609    Visual compatibility and screening.

9-2-610    Discontinuance of use.

Article 1. Special Provisions Applying to All or Several Districts

9-2-101 Accessory buildings and uses.

For the purposes of this section, accessory buildings or structures include both those that are permanent and temporary.

(a) Accessory buildings, structures, and swimming pool mechanical equipment in residential (R) districts.

(1) Accessory buildings and structures may be erected upon residential zoned lots when the use thereof is clearly incidental and secondary to the primary use of the property.

(2) When the accessory building or structure is attached to the primary dwelling or main building on the property, it shall be made structurally a part of the main building (See also Section 9-1-202 defining “attached”) shall share compatible architecture, materials, and surface textures with the main building, and shall comply in all other respects with the development standards and requirements of this chapter applicable to the main building.

(3) When the accessory building or structure is detached from the primary dwelling or main building on the property, it shall comply with the following regulations:

RESIDENTIAL ACCESSORY BUILDINGS AND STRUCTURES:
Size of Accessory Building:	Less Than 120 sq. ft.	120 sq. ft. or Larger (A)
Minimum Distance from Main Building Minimum Yard Setbacks Within front 1/2 of lot Within rear 1/2 of lot Side Street side Rear Maximum Height	none (as required by the applicable zoning district) 3 ft. (B-1) 15 ft. 3 ft. (B-1) 10 ft. (C)	6 ft. (as required by the applicable zoning district) 3 ft. (B-1 & 2) 15 ft. 3 ft. (B-1 & 2) 10 ft. (C)

(A) A building permit from the Turlock Building Inspection Department is required for all accessory buildings and structures in R zone districts that are 120 square feet in size or larger.

(B) Minimum Yard Setbacks Exception. When located on the rear one-half (1/2) of the lot, the accessory building or structure may be located adjacent to an interior side and/or rear lot line; provided:

(1) A gutter or other device to prevent roof drainage or water runoff onto the adjacent lot is installed thereon.

(2) All structural elements closer than three (3') feet to the interior lot line are constructed of fire-resistive materials in accordance with Turlock Building Codes (applicable to all accessory buildings and structures 120 square feet or larger).

(C) Maximum Height Exception.

(1) When an accessory building or structure is located closer than five (5') feet to any interior lot line as permitted under (B) above, it shall be limited to a maximum height of seven (7') feet at the exterior eave line adjacent to each interior lot line, not to exceed a total overall building height of ten (10') feet at the roof ridge line.

(2) Where an accessory building or structure is located closer than ten (10') feet to any lot line, but not closer than five (5') feet, it shall be limited to a maximum height of ten (10') feet at the side yard exterior eave line, and shall not exceed a total overall building height of sixteen (16') feet at the roof ridge line.

(3) When an accessory building or structure complies with the rear and/or side yard setbacks normally established for that particular zone district, the total building height shall be the same as the maximum building height established for that district.

(b)  Nonresidential accessory structures in A, C, I and PS districts. Accessory structures shall comply with all regulations applicable to the principal structure on a site. Off-site accessory uses shall be allowed only with a Minor Administrative Approval Permit.

(c) Satellite dish antennas. A satellite dish antenna may be installed on a lot in any zoning district if it complies with the following criteria:

(1) A and R districts.

(i) Locations prohibited. No satellite dish antenna shall be located in a front or corner-side yard.

(ii) Setbacks. Satellite dish antennas shall not be placed within ten (10') feet of any interior side or rear property lines. Exception: no setback shall be required in interior side and rear yard areas if the overall height of the antenna does not exceed six (6') feet in height.

(iii) Maximum height. The maximum overall height for any satellite dish antenna shall be fifteen (15') feet. The overall height shall be determined by measuring from the ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it. The Community Development Director may approve mounting an antenna on the rear half of a roof if no other feasible location exists.

(2) C, I and PS districts.

(i) Roof-mounted antennas. Satellite dish antennas shall be located on the roof of a structure whenever possible, providing the dish is not visible from public roadways or can be adequately screened from view of public roadways.

(ii) Ground-mounted antennas. If it is determined that installation of a satellite dish antenna is not feasible for location on a roof, a ground-mounted antenna shall be permitted under the following conditions:

(aa) The antenna shall be located directly adjacent to the building,

(ab) it shall be located in the rear or interior side yard areas,

(ac) and it shall be screened from view from the front of the building and public roadways.

(iii) Location prohibited. No satellite dish antennas shall occupy a required parking space or adversely impact any vehicle circulation.

(iv) Maximum height. The maximum overall height for any satellite dish antenna shall be twenty (20') feet. The overall height shall be determined by measuring from ground or roof level immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.

(v) Permit required. A Minor Administrative Approval issued in accordance with Article 3 of Chapter 9-5 TMC: Minor Administrative & Minor Discretionary Permits, shall be required for all satellite dish antennas greater than three (3') feet in height in any C, I or PS district.

(1083-CS, Amended, 05/10/2007; Ord. 963-CS, Amended, 03/29/2001; Ord. 939-CS, Amended, 10/22/1998; Ord. 920-CS, Amended, 05/08/1997; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-102 Adult entertainment facilities.

(a) Purpose. The purpose of this chapter is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, deterioration of neighborhoods, increases in vacancy rates in residential and commercial areas, increases in incidence of criminal activity, increases in litter, noise, and the interference with residential property owners enjoyment of their property in the vicinity of such businesses.

It is the Council’s intent to prevent community-wide adverse impacts which can be brought about by the concentration of adult businesses in close proximity to each other or in proximity to incompatible uses such as schools, churches, parks, public facilities and buildings and residentially zoned uses. The Council finds that it has been demonstrated in various communities that the concentration of adult businesses causes adverse impacts described above and can cause businesses and residents to move elsewhere. It is, therefore, the further purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

(b) Definitions.

(1) “Adult businesses” shall include the following:

(i) Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities.

(ii) A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five (25%) percent or more of the gross revenue from, or devotes twenty-five (25%) percent or more of the stock on hand or twenty-five (25%) percent or more of the gross floor area to such activity, is presumed to be engaging in “substantial or significant” conduct with respect to such activity.

(iii) Any business wherein the selling of any food or beverage served by employees engaged in partial or total nudity or exposed specified anatomical areas.

(iv) Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas.

(v) Any business, which as a substantial or significant portion of its business, provides live, filmed or televised entertainment wherein specified anatomical areas of the human anatomy are exposed.

(2) “Specified anatomical areas” include any of the following, whether actual or simulated:

(i) Less than completely and opaquely covered: (1) human genitals or pubic region, (2) buttock, and (3) female breast below a point immediately above the top of the areola; or

(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3) “Specified sexual activities” means and includes any of the following:

(i) The fondling or sexual touching of human genitals, pubic regions, buttocks, anus, or female breasts; or

(ii) Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy; or

(iii) Masturbation, actual or simulated; or

(iv) Excretory functions as part of, or in connection with, any of the activities set forth above.

(c) Location and Site requirements.

(1) Adult businesses shall not be located within five hundred (500') feet of the following whether or not located within the city:

(i) Any real property located in a residential, commercial or industrial district, including the Agricultural (A), Residential Estate (R-E), Low Density Residential (R-L), Medium Density Residential (R-M), High Density Residential (R-H), Community Office (C-O), Planned Development (PD), Community Commercial (C-C), Heavy Commercial/Light Industrial (C-H), zoning districts; and

(ii) Any public or private school; and

(iii) Any church, chapel, or other publicly recognized place of worship; and

(iv) Any park or building used by the public and owned by a public entity; and

(v) Any residence in any zoning district; and

(vi) Any parcel of land owned by a school district, church, chapel, or public entity.

(2) Adult businesses shall not be located within one thousand (1,000') feet of any other adult business.

(3) Adult businesses may be located in the I (Industrial) zoning district; and

(4) The distances specified in this section shall be measured in a straight line, without regard to intervening structures, or geological features from the nearest point of the property line in which the proposed adult business is to be established to the nearest property line of a use or zoning district listed above.

(d) Development and performance standards.

(1) The following development standards shall apply to all adult businesses:

(i) No adult business shall be located in any temporary or portable structure.

(ii) Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

(iii) Off-street parking shall be as specified in Article 2 of this chapter.

(iv) The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.

(v) Any signage shall conform to the requirements of Article 5 of this chapter, of the Code, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.

(vi) All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

(vii) No residential structure or any other nonconforming structure shall be converted for use as an adult business.

(viii) No residence, apartment, living quarters or mobile home shall be located on the parcel where an adult business is located.

(2) The following performance standards shall apply to all adult businesses:

(i) California Code of Regulations, Title 4, Article 22, Sections 143.2, 143.3 and 143.4 or its successors are hereby adopted and shall regulate the attire and conduct of employees and entertainers; including visual displays.

(ii) The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business.

(iii) The traffic generated by the adult business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the City of Turlock Municipal Services Department.

(iv) No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to “specified sexual activities” or “specified anatomical areas”, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

(v) No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

(vi) All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be kept free of trash and debris and maintained in a clean and orderly manner at all times.

(vii) Hours of operation shall be from 6:00 a.m. to 2:00 a.m.

(viii) Each adult business shall conform to all applicable laws and regulations, including obtaining a City business license.

(e) Adult business permit; required. No adult business shall commence operation until an application for a Minor Discretionary Permit (Adult Business Permit) is approved by the Community Development Director or designee following the procedures set out in the following sections, and those contained in Section 9-5-307 through Section 9-5-312, of the Turlock Municipal Code.

(f) Adult business permit application: Contents. An application for an adult business permit shall include the following:

(1) Name, permanent address and telephone number of applicant.

(2) The name, business address and telephone number for the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation, and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning twenty-five (25%) percent or more of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners.

(3) Name(s) and address(es) of the property owner(s).

(4) Assessor’s parcel number(s).

(5) Legal description of the property.

(6) A site development plan drawn at the scale specified by the Community Development Director, which includes the following information:

(i) Location of all existing buildings, structures, and improvements on the property;

(ii) Location of all proposed buildings, structures, and improvements on the property;

(iii) Existing and proposed streets and highways bordering and within the boundaries of the property;

(iv) Location of existing and proposed parking areas;

(v) Proposed landscaping;

(vi) North arrow;

(vii) Scale.

(7) Elevations and floor plans of proposed buildings or structures including any existing or proposed signs related to the adult business drawn to scale.

(8) A narrative description of the proposed use or development including:

(i) Description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in this chapter.

(9) A letter of consent signed and notarized from all property owners.

(10) A vicinity map showing specific land uses (houses, churches, public buildings, parcel lines, parcel sizes, etc.) for a 1,500 foot radius of the subject site.

(11) The fee prescribed by the City Council of the City of Turlock by ordinance or resolution for processing the application.

(g) Adult business permit application: Review and approval.

(1) Once an application has been accepted as complete, the Community Development Director or designee shall take action within sixty (60) days.

(2) For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et seq. of the California Government Code, or the California Environmental Quality Act.

(3) Once an application has been accepted as complete, the Community Development Director or designee shall refer the permit application to the following departments and agencies:

(i) Municipal Services Department.

(ii) Community Development Services Department.

(iii) Police Services Department.

(iv) Fire Services Department.

(v) Stanislaus County Environmental Resources.

(4) In considering an application for a permit pursuant to this chapter, the Community Development Director or designee shall approve the permit only if it makes the following findings:

(i) The adult business is consistent with the location, requirements and development and performance standards contained in this chapter; and

(ii) The adult business is located in a zoning district which lists adult businesses as a permitted use; and

(iii) The zoning district classification for the property is consistent with the applicable General Plan or Specific Plan designation for the property; and

(iv) The adult business structure does not contain any apartments or other living quarters.

(5) A permittee shall not transfer ownership or control of an adult business permit to any other person or entity. All changes in ownership shall require a new permit application and approval.

(6) Permit issuance or non-issuance of application may be appealed pursuant to Title 1, Chapter 4, of the Turlock Municipal Code.

(7) Approval of the Minor Discretionary Permit (Adult Business Permit) does not relieve the permittee from the requirement to obtain any other permits, or approvals, necessary to insure operation of the use in conformance with the requirements of the Turlock Municipal Code.

(h) Adult business permit; transfer.

(1) A permittee shall not operate an adult business under the authority of an adult business permit at any place other than the address of the adult business stated in the application for the permit.

(2) A permittee shall not transfer ownership or control of an adult business or transfer an adult business permit to another person unless and until the transferee obtains an amendment to the permit from the Community Development Director, or designee, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Community Development Director, or designee, in accordance with the requirements of this section, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Community Development Director determines that the transferee would be entitled to the issuance of an original permit.

(3) No permit may be transferred when the Community Development Director has notified the permittee that the permit has been or may be suspended or revoked.

(4) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(i) Suspension or revocation of adult business permits. An adult business permit may be suspended or revoked in accordance with the procedures and standards of this section.

(1) On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

(i) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(2) A permittee may be subject to suspension or revocation of the permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult business:

(i) If the building, structure, equipment, or location used by the adult business fails to comply with all applicable building, fire, electrical, plumbing, health, and zoning requirements of the Turlock Municipal Code, all applicable State and federal requirements of a similar nature which are customarily enforced by the City, and all provisions of these regulations and this Code relating to adult businesses, including the Adult Business Development and Performance Standards contained in this section.

(ii) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

(iii) The permittee, employee, agent, partner, director, stockholder, or manager of an adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

(aa) any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(ab) use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.

(ac) any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

(ad) the occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

(ae) any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.

(af) any conduct prohibited by this chapter.

(iv) Failure to abide by any disciplinary action previously imposed by an appropriate City official.

(3) After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one (1) of the following:

(i) A warning;

(ii) Suspension of the permit for a specified period not to exceed six (6) months;

(iii) Revocation of the permit.

(j) Appeal. The decision of the Police Chief may be appealed as provided by Title 1, Chapter 4 of this Code.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-103 Affordable housing density bonus.

(a) Purpose. The purpose of the affordable housing density bonus is to:

(1) Establish procedures and criteria for use in the consideration of density bonuses for lower income housing developments as defined in Section 65915 of the California Government Code;

(2) Establish procedures for requesting developer incentives or concessions for the production of housing units and child care facilities as prescribed in Section 65915 of the California Government Code; and

(3) Provide a significant contribution to the economic feasibility of lower income housing in proposed housing developments.

(b) General provisions. The criteria and procedures set forth in Section 65915 of the California Government Code shall be applied to requests for density bonuses for affordable housing unless amended in this section.

(c) Application procedures. The application for a density bonus, incentive or concession shall be submitted with the first application for approval of a housing development and shall be processed concurrently with any other planning permit required for the housing development. The application shall be submitted on form and contain such information and support data as prescribed by the Community Development Director. The application shall contain sufficient information to make the required determinations and findings defined in Section 65915 of the Government Code.

(d) Fees. The City Council shall set the amount of the fees for the application required and authorized by this section.

(Ord. 1154-CS, Amended, 08/25/11; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-104 Automobile service stations, repair and washing.

The following supplementary development regulations shall apply to the automobile service station, automobile repair, and automobile washing use classifications:

(a) Lot size.

(1) The minimum lot frontage along a public street shall be one hundred twenty five (125') feet.

(2) The minimum lot depth shall be one hundred (100') feet.

(b) Curb cuts.

(1) The minimum width of any curb cut shall be twenty five (25') feet.

(2) The maximum width of any curb cut shall be thirty five (35') feet.

(3) The total aggregate amount of curb cuts shall not exceed forty (40%) percent of the lot frontage.

(c) Landscaping.

(1) All service stations shall provide minimum landscaping as required by this chapter (also see Section 9-2-109) and the following:

(i) There shall be a minimum planter with a net width of five (5') feet along all street frontages except at driveway openings. All planting areas shall have an “in place” irrigation system and shall be protected with six (6") inch wide concrete curbs.

(ii) Landscaping along street frontages shall provide screening to a height of three (3') feet.

(d) Service lanes.

(1) The outside service lane or the lane closest to the street line shall have a minimum width of fifteen (15') feet as measured from the face of the planter to the face of the pump island.

(2) Service lanes between two (2) pump islands shall have a minimum width of twenty (20') feet as measured from the inside face of the first pump island to the face of the second pump island.

(3) The service lane between the pump island and the building shall have a minimum width of fifteen (15') feet as measured from the face of the pump island to the face of the building sidewalk.

(e) Activities.

(1) Unless otherwise permitted in the district in which the automobile service station is located, automobile service stations shall be limited to the sale of motor vehicle fuels and lubricants, tires, batteries, accessory items and minor motor vehicle repair.

(2) All servicing shall be conducted in an enclosed building except that the following is permitted outside an enclosed building: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

(3) Any automobile washing, drying or vacuuming done by mechanical means shall not be located any closer than one hundred (100') feet of an R District without a Minor Discretionary Permit obtained as set forth in Article 3 of Chapter 9-5: Minor Administrative and Minor Discretionary Permits.

(4) All automobile service stations, repair and washing shall comply with the noise standards contained in Article 3 of this chapter: Noise Standards.

(f) Outdoor storage. The outside storage or display of merchandise or equipment shall be prohibited, except that the following shall be permitted:

(1) Tire display. One (1) display rack per automobile service station. A maximum of twelve (12) tires may be displayed on a service station site.

(2) Wiper display. Two (2) such wiper racks per automobile service station.

(3) Lubricant display. One (1) lubricant display per pump island.

(4) Vending machines. Three (3) per automobile service station.

(g) Signs. All signing and outside advertising shall be in accordance with Article 5 of this chapter: Signs, provided that automobile service stations and convenience gas markets shall be permitted to display the following additional signs:

(1) Price signs. A maximum of one (1) double-faced price sign per street frontage, of not more than twenty-five (25) square feet per face, and having a maximum height of six (6') feet. Such signs may only be used to indicate the actual current price of fuel.

(2) Pump-topper signs. A single or double-faced sign of not more than twelve (12") inches by twenty (20") inches, constructed of motionless materials and mounted to the top of a fuel pump and used for identifying products or services available on the premises. No more than one (1) pump-topper sign per pump shall be allowed.

(3) Island canopy sign. A sign, affixed to a canopy or other rigid roof structure directly above a pump island, the area of which shall not exceed fifteen (15) square feet per face. Island canopy signs shall be limited to one (1) such sign per automobile service station.

The following supplementary development regulations shall apply to the automobile service station, automobile repair, and automobile washing use classifications.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-105 Building projections into yards.

Projections in required yards shall be permitted as follows:

(a) Fireplaces or chimneys. Two and one-half (2.5') feet.

(b) Porches, terraces, platforms, decks and subterranean garages. Six (6') feet into a front or rear yard and two (2') feet into a side yard. The length of any projection exceeding twenty-five (25%) percent of the building length for that area may be allowed only upon approval of a minor variance as defined in Chapter 5 of this Title.

(c) Cornices, eaves, canopies, awnings and ornamental features. Two and one-half (2.5') feet.

(d) Balconies and protruding windows. Five (5') feet into a front or rear yard and two (2') feet into a side yard.

(e) Stairs. Two and one-half (2.5') feet into a side yard and three (3') feet into a rear yard.

(f) Building projections shall not encroach any closer than five (5') feet to a rear or front property line. At no time shall any portion of a building be allowed to project or extend into any required easement area.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-106 Development on existing lots of record.

(a) Any lot or parcel of land under one (1) ownership and of record on the date of adoption of this chapter that has a width, depth, or area less than required for the district in which it is located, where no adjoining land is owned by the same person, may be developed subject to the same property development regulations as a standard lot.

(b) Any lot or parcel of land legally created after the date of adoption of this chapter that has a width or area less than required for the district in which it is located may be developed subject to the same property development standards as a standard lot.

(c) No substandard lot as set forth above shall be further reduced in area or width.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-107 Development on lots divided by district boundaries.

Where a district boundary line divides a single parcel, the regulations applicable to each district shall be applied to the area of the parcel within that district. Uses and development regulations permitted in one (1) district may be extended into the portion of the parcel in the other district if authorized by an approved Minor Discretionary Permit as set forth in Article 3 of Chapter 9-5: Minor Administrative and Minor Discretionary Permits.

(Ord. 958-CS, Amended, 10/12/2000; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-108 Exceptions to height limits.

(a) In any R District.

(1) Spires, cupolas, chimneys, radio and television antennas, and similar accessory structures shall be subject to setback regulations for the zoning district in which they are located. When such structure complies with the other development regulations stated for the zoning district and which do not exceed twenty-five (25%) percent of the district height limit or fifty (50') feet, whichever is greater, may be allowed upon obtaining an approved Minor Administrative Approval (MAA) as set forth in Article 3 of Chapter 9-5: Minor Administrative Approval.

(2) Towers, water tanks, flagpoles and other necessary mechanical appurtenances covering not more than ten (10%) percent of the ground area covered by the structure to which they are accessory may be permitted provided they do not exceed twenty-five (25%) percent of the district height limit or fifty (50') feet, whichever is greater, upon obtaining an approved Minor Administrative Approval (MAA) as set forth in Article 3 of Chapter 9-5: Minor Administrative Approval.

(3) Any structure in an R District exceeding twenty-five (25%) percent of the district height limit or fifty (50') feet, whichever is greater, may be permitted only upon approval of a Conditional Use Permit by the Planning Commission.

(b) In any C or I district.

(1) A structure may exceed the district height limit by twenty-five (25%) percent subject to approval of a Minor Discretionary Permit as set forth in Article 3 of Chapter 9-5: Minor Discretionary Permit. Any approval of such permit is subject to finding that adjoining properties will not be adversely affected by blockage of light, air or the intrusion on privacy.

(2) Any structure in a C or I district exceeding twenty-five (25%) percent of the district height limit may be permitted upon approval of a Conditional Use Permit by the Planning Commission.

(Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-109 Landscaping and irrigation.

(a) Purpose and intent. The purpose and intent of this section is to establish landscaping regulations that are intended to:

(1) Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening.

(2) Increase compatibility between residential and abutting commercial and industrial uses.

(3) Reduce the heat and glare generated by development.

(4) Establish a water conservation plan to reduce water consumption in the landscape environment using conservation principles.

(5) Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

(b) Applicability. All development in the City shall comply with the provisions of this section which establishes the criteria for the preparation of landscape and irrigation plans required by this ordinance. All required landscaping shall be installed by the developer and approved by the Planning Department prior to the occupancy of any building, unless other arrangements are agreed to by the Planning Director.

(1) Exceptions. The following shall be exempt from the provisions of this section:

(i) Yards and landscape areas for single family homes when not installed by the builder or developer prior to or as a condition of home sales.

(ii) Interior remodels, tenant improvements and demolitions.

(iii) Changes of use to any existing building.

(iv) Replacement or repair of existing plant material or irrigation systems in conjunction with routine maintenance of existing projects.

(v) Modifications or additions to existing structures which do not result in an increase of more than ten (10%) percent of the floor area, or 1,000 square feet, whichever is greater.

(2) Statutory authority in case of conflicting provisions. Nothing in this section shall be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter.

(c) Water conservation definition. “Water conservation” shall mean a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, non living groundcover, a low percentage of turf coverage, permeable paving and water conserving irrigation techniques and systems.

(d) Process. The Community Development Director shall establish a format for plans and any other procedural guidelines for submittal as deemed necessary.

(1) Plans required. Plans for the development of required landscaping shall be submitted to the Development Services Department for review and approval prior to the issuance of any building permit or as may be required for a site plan permit as set forth in Article 3 of Chapter 9-5 TMC: Minor Administrative & Minor Discretionary Permits. Where special conditions of design warrant, modifications may be submitted for consideration.

(2) Plan review and approval. The Community Development Services Department shall review each project and proposed landscape plan (or self-certification checklist in the case of developer-installed landscaping for single-family homes) for compliance with the landscape and water conservation requirements.

(3) Alternative means of compliance. The Community Development Director may allow alternative means of complying with the requirements in this section provided the alternative achieves results comparable to those achieved through strict application of the provisions of this section.

(e) Development standards.

(1) Required. In the following designated districts, not less than the stipulated percent of gross site area shall be landscaped in accordance with this section:

Landscape Area Requirements
Zone District	Required Landscaping (% of site)
R-L/R-L4.5	30
R-M	30 (a)
R-H	30 (a)
C-O	25 (c)
C-C	10 (c)
C-H	7.5 (c)
C-T	7.5 (b)(c)
I-BP	7.5 (b) 5 (c)
I	5 (c)

(a) In multiple-family developments of twelve (12) or more dwelling units, ten (10%) percent of the total building site shall be set aside and landscaped for the purposes of common recreational open space. Such ten (10%) percent may be included in the general landscaping requirements.

(b) This requirement may be waived by the Community Development Director for remodeling, alterations, or renovations to existing buildings and developments on parcels or building sites where an existing building occupies a substantial portion of the site and there are no front yard or corner street side yard setback areas.

(c) In commercial and industrial districts, where a lot larger than 10,000 square feet is to be developed in phases, the Community Development Director may determine that only the developed portion of the site need be landscaped. Provision shall be made, however, to insure that the landscape requirement can still be met upon full development of the site. This exception shall not apply to any setback along a public street which shall be landscaped upon the initial development of the site. Unlandscaped areas shall be continuously maintained free of weeds, litter and debris, and shall not become a source of nuisance to adjoining property.

(2) Determination of landscaped areas. In determining landscaped areas, setbacks, when landscaped, private patios and all other areas not occupied by buildings, parking lots, vehicle storage areas, and driveways shall be included. Areas occupied by clubhouses, recreation buildings, pools, saunas, inter walkways, and similar amenities may be included as landscaped areas. In industrial zoning districts, areas planted along a public right-of-way shall qualify as one and one-half (1.5) times the area toward the overall required landscaping area.

(3) Landscape materials and placement. All landscape areas shall demonstrate a recognizable pattern or theme for the overall development. To accomplish this, new landscaping and landscape areas shall conform to the following:

(i) Plant materials shall be selected for maintenance efficiency, drought tolerance and adaptability and relationship to Turlock’s environment and climate. Trees and shrubs in reasonable numbers shall be used in the landscape design; ground cover alone shall not be acceptable. No one (1) species of plant shall exceed twenty (20) percent of the plant material. Landscaped areas shall incorporate a minimum of two (2) of the following plantings: (1) grasses and ground covers, (2) shrubs, and (3) trees.

(ii) In all C and I Districts, plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than twenty-four (24") inch box for parking lot shade trees, fifteen (15) gallon container for trees, five (5) gallon container for shrubs, and a one (1) gallon container for mass planting. Non-turf areas, such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative.

(iii) Turf shall be limited to twenty-five (25) percent of the total landscaped area in all C and I Districts. In residential districts turf shall not exceed seventy-five (75%) percent of the total landscaped area.

(aa) “Permeable paving” shall mean a paving material that permits water penetration to a soil depth of eighteen (18") inches or more, including non-porous surface material poured or laid in sections not exceeding one (1) square foot in area and collectively comprising less than two-thirds of the total surface area of the lot and loosely laid materials such as crushed stone or gravel.

(ab) “Hardscape” shall mean areas covered with non-permeable paving, including buildings and other structures, parking lots, driveways, and walkways.

(4) Landscape irrigation. Provisions shall be made for a permanent “in place” irrigation system to all landscaped areas required herein, including street tree wells. All new irrigation systems shall use Xeriscape principles including such techniques and materials as low precipitation sprinkler heads, bubblers, drip irrigation systems, timing devices and moisture sensors. All irrigation systems must be designed to minimize overspray onto impervious surfaces, such as building, sidewalks, parking areas, etc., through the use of such techniques as low-trajectory spray nozzles or underground low volume applicators. All irrigation system controllers shall be set in compliance with the day and hour watering requirements of the City of Turlock and shall be designed to minimize water use by installing automatic systems such as multi-start controllers and soil moisture sensors.

(5) Site preparation and installation.

(i) Prior to the planting of any materials, the compacted soils surrounding a building site will be returned to a friable condition. Friable condition shall mean returning the soil to an easily crumbled or loosely compacted condition down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. The soil must be returned to a friable condition to a minimum depth as required for the planting material.

(ii) Trees should be adequate in trunk diameter to support the top area of the tree. Trees, shrubs, and vines should have body and fullness that is typical of the species.

(iii) All ground cover should be healthy, densely foliated, and well rooted cuttings, or one-gallon container plants.

(iv) The spacing of trees and shrubs should be appropriate to the species used. The plant materials should be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing should also insure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles. Plant material should conform to the following spacing standards:

(aa) A minimum of twenty-five (25') feet from the property corner at a street intersection to the center of the first tree or large shrub.

(ab) A minimum of fifteen (15') feet between center of trees and large shrubs to light standards.

(ac) A minimum of fifteen (15') feet between center of trees or large shrubs and fire hydrants.

(ad) A minimum of fifteen (15') feet from the intersection of a driveway with a street right-of-way to the center of any tree having a diameter larger than eighteen (18") inches at maturity or large shrub.

(6) Maintenance. Required planting areas shall be permanently maintained. As used in this section, “maintained” includes: watering, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

(7) Parking lot landscaping. Parking lots and parking structures shall have interior and perimeter landscaping areas as prescribed by the following:

(i) Parking lots or parking structures adjoining street property lines or public streets shall have a perimeter landscape buffer with a minimum width as follows:

(aa) If abutting an expressway: twenty (20') feet

(ab) If abutting an arterial: fifteen (15') feet

(ac) If abutting a collector: fifteen (15') feet

(ad) If abutting a local collector: ten (10') feet

(ae) If abutting a local street: five (5') feet

(ii) Vehicle overhang may encroach a maximum of two (2') feet into landscape areas which are a minimum of ten (10') feet wide.

(iii) An average three (3') foot high [minimum two and one-half (2.5') foot and maximum three and one-half (3.5') foot] continuous screen shall be installed between all parking areas and public streets. A screen shall consist of one (1) or any combination of the following:

(aa) Walls. A wall shall consist of concrete, concrete block, stone, brick, tile or similar type of solid masonry material.

(ab) Berms. A berm shall be constructed of earthen materials and it shall be landscaped.

(ac) Solid fences. A solid fence shall be constructed of wood, or other materials.

(ad) Plant materials. Vegetation, consisting of trees or shrubs.

(iv) Interior landscaped areas shall be a minimum of five (5') feet in width, exclusive of curbs.

(v) The end of each row of parking stalls shall be separated from aisleways by a landscaped planter or sidewalk.

(vi) In all parking lots with a capacity of five (5) parking spaces or more, a minimum of one (1) shade tree for every five (5) spaces shall be provided in landscape islands within the parking lot. Tree spacing shall be such that every designated parking space is within thirty (30') feet of the trunk of a tree.

(vii) All planting areas within or abutting a parking lot shall be protected with raised concrete curbs.

(8) Landscaping in rights-of-way. All land area within the public right-of-way adjoining all sides of any parcel or building site that is not otherwise covered with a building, structure, paving, or similar impervious surface shall be landscaped and maintained in conjunction with the landscaping installed on the adjoining property as regulated in this article. Landscaping within the right-of-way shall not be used when determining the required percentage of landscaping as required in this article.

(i) Design. The design of the landscaping of the public right-of-way shall be included in the landscape plan and meet the requirements set forth in this section. Adequate space shall be provided in the landscape area to allow free, unrestricted growth and development of the landscaping and street trees.

(ii) Street trees. Street trees shall be planted in accordance with the Theme Street List or as otherwise set forth in Article 5 of Chapter 7-7 of this Code relating to street trees and in accordance with the street tree planting standards as established by the City Engineer.

(9) Driveway and corner visibility. All landscaping material shall be maintained in accordance with the provisions of Section 9-2-216: Driveway and corner visibility

(10) Landscaping along walls. All solid walls over three (3') feet in height that are adjacent to public streets or right-of-ways shall comply with one (1) of the following:

(i) Be fully landscaped with vines and/or other plant materials to prevent the placement of graffiti. All landscaping shall include the installation of a permanent irrigation system.

(ii) If not landscaped, shall be constructed of split-face concrete, brick or some other type of material that will discourage the placement of graffiti.

(11) Landscape screening of R properties. Where a commercial or industrial site adjoins an R District, screening which is at least seventy-five (75%) percent opaque shall be provided. Where fences are required, such fencing shall be landscaped as appropriate.

(12) Model homes. To promote landscape water conservation through education, all single family residential developments with more than two (2) model homes to be constructed by a developer, shall provide for landscaping the models entirely with water saving landscaping and irrigation in accordance with the following requirements:

(i) Plant Materials. Each “water saving” model home to be landscaped shall contain exclusively low water use plant materials as identified on a suggested planting list available from the Community Development Department or approved by the Community Development Director.

(ii) Irrigation System. Each “water saving” model home shall contain exclusively an irrigation system that provides a high efficiency in water application according to site conditions. (Drip or trickle may not be used in turf areas).

(iii) Signs. Each development with “water saving” model homes shall provide the following information to potential buyers:

(aa) Front Yard Sign. A four (4) square foot sign shall be located in the front yard of each “water saving” model such that it is clearly visible to buyers. The sign shall indicate that the model features a water saving landscape and irrigation design.

(ab) Interior Display. A drawing, or combination of drawings, shall be displayed inside each “water saving” model or the sales office which provides a schematic of the landscape. These drawings shall include a key identifying the common name of the plants used in the “water saving” model yards. A brochure with the same information may be distributed with the sales information to potential buyers to satisfy this requirement.

(iv) Literature. Additional literature describing water conserving landscaping and irrigation shall also be made available to the potential buyer and displayed.

(1083-CS, Amended, 05/10/2007; Ord. 938-CS, Amended, 09/24/1998; Ord. 920-CS, Amended, 05/08/1997; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-110 Family day care home.

(a) Small family day care home. No permit is required to operate a small family day care home and the use shall be considered an accessory use to a residence.

(b) Large family day care home. A permit shall be issued by the Community Development Director or his/her designee to operate a large family day care home upon the issuance of a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC, Minor Administrative & Minor Discretionary Permits, upon finding that:

(1) Residency. The site is the principal residence of the operator and the day care is clearly incidental and secondary to the use of the property for residential purposes.

(2) General Plan and zoning compliance. The property complies with all applicable General Plan policies and zoning regulations established in the Turlock Municipal Code (TMC).

(3) Spacing and concentration. The property is located at least three hundred (300') feet from any other State licensed large family day care home on the same street, or a street that is aligned and connected with that street unless bisected by an arterial street or expressway.

(4) Traffic control. The family day care home would not adversely affect traffic and circulation of the neighborhood, including but not limited to blocking driveways or requiring double parking to load and unload guests.

(5) Building modifications. The residential character and appearance of the dwelling does not have to be altered in any way to accommodate the family day care use.

(6) Outdoor play areas. All outdoor play areas are clearly delineated through the use of fences, landscaping or other materials constructed in accordance with applicable laws and regulations.

(7) Operator agrees to the following additional conditions of approval:

(i) Fire clearance. Prior to commencing the use, the operator shall obtain certification by Turlock Fire Services that the facility complies with the standards established by the State Fire Marshal as set forth in Title 24 of the California Code of Regulations.

(ii) Signage. The operator agrees not to erect any off- or on-premises signs for the family day care home except as set forth in Article 5 of Chapter 9-2 TMC (Signs).

(iii) Noise control. The family day care home shall be operated in compliance with the City of Turlock noise regulations, Article 3 of Chapter 9-2 TMC (Noise Standards).

(iv) Outdoor play areas. The operator agrees to keep all activities related to the operation of the family day care on site at all times.

(v) Access to inspect. The property owner and/or operator shall allow the City to enter the property to determine compliance with the conditions of the minor administrative approval during normal operating hours of the family day care home.

(vi) Compliance with laws and regulations. The day care operator acknowledges and agrees to comply with all applicable State, Federal and local laws and regulations. The operator shall provide evidence of compliance with State Department of Social Services requirements by providing a copy of the approved family day care license to the City prior to commencing operation of the family day care home. Upon revocation or denial of the State license, the permit issued pursuant to this section shall be automatically terminated.

(c) Conditional use permit. When the findings set forth in this section for the issuance of a minor administrative approval cannot be made, an application for a conditional use permit may be made as set forth in Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances), subject to the conditions of approval listed in this section and any other conditions established by the Planning Commission and/or City Council.

(d) Use of residential garage. Family day care operations are not permitted in the garage area of a residence, except when the garage has been properly converted to habitable space through the issuance of a building permit and the space has met all applicable laws and regulations. Prior to finalizing the building permit, the property owner shall record a restrictive use covenant stating that the converted garage shall be returned to its original state upon the cessation of the family day care use and/or the sale of the dwelling unit.

(1132-CS, Amended, 12/24/09; 1083-CS, Amended, 05/10/2007; Ord. 1008-CS, Amended, 07/10/2003; Ord. 963-CS, Amended, 03/29/2001; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-111 Mobile home development.

(a) Purpose. The purpose of this section is to establish the basis for evaluating the adequacy of a mobile home park in residential areas. Provisions are intentionally general with the intent of allowing flexibility and further detailed evaluation on a case-by-case basis.

(b) Permit required. Mobile home parks shall be deemed permitted land uses in all land planned and zoned for residential land uses as designated by the Turlock General Plan, except that a Conditional Use Permit must first be obtained in accordance with Article 6 of Chapter 9-5: Conditional Use Permits and Variances.

(c) General requirements.

(1) A mobile home park shall not be less than one (1) acre in size.

(2) A mobile home park development shall meet or exceed the minimum standards set forth in the zoning district in which it is located. This includes, but is not limited to, density consistent with the Turlock General Plan, yards, distance between structures, height, usable open space, fences and walls, off-street parking and loading, signs, outdoor facilities, refuse storage areas, performance standards, nonconforming uses, and recreational vehicle storage, except that such standards may be changed to allow for unique site design requirements for mobile home parks.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-112 Outdoor storage.

(a) Vacant lots. No outdoor storage shall occur on any vacant parcel. No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

(b) Residential districts. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts unless in accordance with Section 9-2-114: Permitted locations of mobile homes, recreational vehicles, and campers. Loose rubbish, garbage, junk, or other receptacles; tents; or building or manufacturing materials in any portion of a residential lot shall not be permitted.

(c) Commercial districts. Unless otherwise permitted in this section, outdoor storage and display of merchandise, materials, or equipment, or the conduct of business outdoors, is prohibited unless authorized by a Minor Discretionary Permit issued in accordance with Article 3 of Chapter 9-5: Minor Discretionary Permits. Unless specifically authorized, outdoor facilities shall not be located within the public right-of-way.

(d) Permitted exceptions. Outdoor storage or display of the following merchandise, materials, or equipment, or the conduct of business outdoors, is permitted subject to the following standards and conditions:

(1) Automobiles, boats, recreational vehicles and motorcycles. Outdoor storage and display shall be limited to vehicles or equipment offered for sale or rent only, excepting such vehicles in R Districts in accordance with Section 9-2-114: Permitted locations of mobile homes, recreational vehicles, and campers.

(e) Screening. A solid fence or wall shall be required for all uses requiring a screen. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. The Community Development Director may require additional screening in highly visible areas and may impose reasonable restrictions on the type of storage or display or the location of outdoor storage and display areas to avoid adverse visual effects. All solid walls or fencing shall be landscaped in accordance with Section 9-2-109: Landscaping along walls.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-113 Planned unit developments.

(a) Purpose. The purpose of the planned development standards and procedures is:

(1) To ensure orderly and thorough planning and review procedures that will result in quality urban design;

(2) To encourage variety and avoid monotony in developments by allowing greater freedom and flexibility with the use of alternative development standards;

(3) To provide a mechanism whereby the City may authorize desirable developments consistent with the Turlock General Plan;

(4) To encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it;

(5) To encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended; and

(6) To encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

(b) Applicability. No uses or structures shall be permitted except the uses and structures approved under the planned development. Specifically, building elevations and detailed site plans including, but not limited to, the location of all proposed buildings, open space, landscaping, and parking areas shall be submitted with the application.

(c) Permit required. All planned developments shall be required to rezone the property to the appropriate Planned Development (PD) designation as provided in TMC 9-5-111 et seq.

(d) Conditions of approval. In granting any planned development district, the City of Turlock may impose conditions deemed necessary or desirable to maintain neighborhood compatibility and to protect the public health, safety, and welfare. The conditions of approval shall be imposed by resolution of the City Council upon a recommendation by the Planning Commission in conjunction with the planned development approval.

(e) Development regulations. Property development regulations applicable to each district shall govern as baseline regulations. Development may vary from the baseline provided all of the following findings can be made:

(1) Building and site designs are consistent with the Turlock General Plan and any other applicable plans and policies adopted by the Turlock City Council;

(2) The proposed changes are compensated for or mitigated by higher building or site development standards elsewhere on the site; and

(3) The proposed changes will not adversely affect adjoining properties.

(f) Development schedules (P-D). An application for a planned development district shall be accompanied by a development schedule indicating the anticipated date when construction of the project can be expected to begin, the anticipated rate of development, and the completion date. For good cause shown by the applicant, the Commission may extend the time limits imposed by the development schedule.

(g) Expiration. Upon expiration of the approved development schedule for any planned development or one (1) year from the date of enactment if no schedule has been approved, the development rights and planned development zoning designation for the property shall be deemed expired and the designation shall automatically be rezoned to its underlying base zoning district.

(1) A planned development is valid as long as:

(i) The use has commenced; or

(ii) A building or construction permit has been issued by the Building Official or City Engineer and construction has started and diligently pursued toward completion of the project; or

(iii) Other equivalent permit activity has occurred which, in the opinion of the Community Development Director, demonstrates a good-faith effort to initiate construction or operation of the approved use.

(h) Amendments to planned developments. Amendments to an approved planned development shall be authorized as follows:

(1) Amendments involving minor site plan modifications, no expansions, and/or no changes in use shall be reviewed by the Community Development Director.

(2) Amendments involving major site modifications, expansions of up to twenty-five (25%) percent of gross land area or floor area, changes in use resulting in equal or lesser intensity than previously approved, time extensions, and/or a change in conditions of approval shall be reviewed by the Planning Commission pursuant to Article 6 of Chapter 9-5 TMC: Conditional Use Permits and Variances.

(3) Amendments involving expansions that are greater than twenty-five (25%) percent of gross land area or floor area, changes in use resulting in greater intensity than previously approved, and changes that will result in a significant impact upon adjacent properties shall be reviewed by the City Council, upon a recommendation by the Planning Commission, pursuant to Article 6 of Chapter 9-5 TMC: Conditional Use Permits and Variances.

(1083-CS, Amended, 05/10/2007; 1073-CS, Amended, 11/23/2006; Ord. 983-CS, Amended, 07/11/2002; Ord. 958-CS, Amended, 10/12/2000; Ord. 938-CS, Amended, 09/24/1998; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-114 Permitted locations of mobile homes, recreational vehicles, and campers.

(a) For the purposes of this section, unless otherwise apparent from the context, the following words and phrases are defined as follows:

(1) “Utility trailer” shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with general highway laws. A private utility trailer, as defined herein, is considered incidental to the owners residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle.

(2) “Boat” shall mean a vehicle for traveling in or on water, not exceeding forty (40') feet in body length, eight (8') feet in width, or thirteen and one half (13-1/2') feet in overall height. The height shall include the trailer if the boat is mounted on a trailer. A vehicle meeting this definition, except for size, shall not be deemed to be incidental to a dwelling unit and not permitted to park in residential areas except as allowed herein.

(b) Mobile homes - permitted locations. A mobile home is permitted to be placed, kept, maintained or occupied, within the City in the following areas or locations:

(1) Within all residential areas of the City: only within a recognized mobile home development.

(2) Within all nonresidential areas of the City: only within a mobile home park or trailer park, except for accessory storage, sale, or business uses as permitted in such zone.

(c) Recreational vehicles, utility trailers, boats and boat trailers - permitted locations. A recreational vehicle, utility trailer, or boat and boat trailer is permitted to be placed, kept, maintained, within the City in the following areas or locations:

(1) In all residential zones.

(i) Parking is permitted inside any enclosed accessory structure or carport, which structure otherwise conforms to the zoning requirements of the particular R zone where located.

(ii) Parking is permitted outside in the interior side yard or rear yard provided it is not nearer than four (4') feet to any parcel line or lot line and does not block the only window that can be opened or door of a room used for human habitation.

(iii) Parking is permitted within the front yard only when the following conditions exist:

(aa) Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard (a corner lot is always deemed to have reasonable access to the rear yard and a fence is not necessarily deemed to prevent reasonable access); or

(ab) Interior parking is not possible anywhere on the property.

(ac) In such cases, the following regulations shall govern the front yard parking of such a vehicular unit:

1) The parking shall take place upon a concrete pad designed and installed for such intended use; and

2) No part of the unit shall impede safe pedestrian circulation on the public sidewalk or public thoroughfare (right-of-way) or block corner visibility for pedestrians or motorists; and

3) The unit shall be owned by the resident on whose property the unit is parked for storage.

(2) In all nonresidential areas.

(i) Only within an existing mobile home development, except for accessory storage, commercial storage, sale, or business uses as permitted in such nonresidential zone.

(d) Recreational vehicles, boat and boat trailers - temporary occupancy, uses or parking. The temporary occupancy, use, or parking of any recreational vehicle, boat and boat trailer beyond that described above shall only be permitted in the City as described below:

(1) Temporary overnight sleeping is permitted within a recreational vehicle on property in a residential area for a maximum of fourteen (14) days in any one (1) calendar year provided, however, cooking shall not be permitted at any time. Any temporary occupancy of a utility trailer is prohibited at all times.

(2) Any temporary connections to electrical utilities or water service for such units is permitted only for charging batteries and water tanks for a period not to exceed forty-eight (48) hours or other incidental or temporary uses as permitted herein. Any permanent connections to sewer lines, water lines, or electricity is prohibited.

(3) The temporary parking for such a unit anywhere on the premises is permitted during active loading or unloading, including the temporary use of electricity or propane fuel, when it is necessary to prepare such a unit for a temporary recreational use, but not to exceed forty-eight (48) hours.

(e) Owner permission required. Notwithstanding the provisions of subsection (c), herein, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any mobile home, recreational vehicle, utility trailer, boat or boat trailer, or camper upon any lot, piece, parcel of land or upon any street, highway or other public right-of-way without the permission of the private property owner or prior written permission of the public entity.

(f) Occupancy on public streets, alleys, or rights of way prohibited. It shall be unlawful for any person to occupy, or permit to be occupied for dwelling purposes any mobile home, recreational vehicle, travel trailer, camp car, or camper upon any street, highway or other public right-of-way without the prior written permission of the Chief of Police, or his or her designee.

(1083-CS, Amended, 05/10/2007; Ord. 963-CS, Amended, 03/29/2001; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-115 Recycling and solid waste disposal regulations.

(a) Purpose. The purpose of the recycling and solid waste disposal regulations is to:

(1) Ensure the provision of adequate locations, compatible with surrounding land uses, for the collection, separation, processing and shipping of recyclable materials including newspapers, plastic, glass and aluminum;

(2) Regulate the location of recycling and trash containers and enclosures in order to provide adequate, convenient space for the collection, storage, and loading of recycled materials at multifamily residential, commercial, and industrial land use sites;

(3) Increase the recycling of reusable materials consistent with statewide goals to reduce solid waste disposal; and

(4) Decrease the impact of the consumption of renewable and nonrenewable resources on the environment.

(b) Applicability.

Applicability of Recycling and Solid Waste Disposal Regulations
Zoning District	Applicability
R	4 or more dwelling units
C	All development (a)
I	All development
PS	All development

(a) For residential development in C Districts, applies only to 4 or more multifamily dwellings

(c) New development regulations.

(1) Materials, construction, design and location.

(i) The enclosure shall comply with the City of Turlock Standards and Specifications for construction and materials.

(ii) Each recycling and trash enclosure shall be designed to allow walk-in access without having to open the main enclosure gate.

(iii) The property owner shall supply and maintain adequate bins and containers for recycling and waste disposal.

(iv) Whenever feasible, the recycling collection area and the trash collection area shall be adjacent to one another and in one (1) enclosure.

(2) Landscaping. A two (2') foot perimeter surrounding each recycling and trash enclosure, exclusive of access to the enclosure, shall be planted with landscaping.

(3) Setbacks. No recycling or trash enclosures shall be located in any front or corner side yard.

(d) Existing development guidelines. The following guidelines shall apply to all existing development in R, C, I and PS Districts.

(1) Existing trash enclosures. If existing development has an existing trash enclosure, any recycling containers shall be located inside the trash enclosure. If it is not possible to locate the required recycling containers in the trash enclosure, the recycling containers shall be located adjacent to the trash enclosure and shall be appropriately screened.

(2) No existing trash enclosures. If the existing development does not have an existing trash enclosure, any recycling containers shall be located adjacent to the existing trash facilities and shall be appropriately screened in accordance with Subsection C.1. above.

(3) Waiver of parking, landscaping areas or open space requirement. In order to meet any recycling and trash enclosure requirements, an existing development may use one (1) parking space, landscaping area or open space for the location of the recycling containers if the Community Development Director can find that the loss of parking, landscaping area or open space will not have any adverse effect on the need for such areas or the aesthetics of the existing development. Such a waiver shall be obtained in accordance with Article 3 of Chapter 9-5: Minor Administrative Approval.

(4) Setbacks. No recycling or trash enclosures shall be located in any front or corner side yard.

(e) Exceptions. The Community Development Director may grant exceptions to this section when the Director finds that existing conditions prevent its practical application.

(Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-116 Recycling facilities.

(a) Purpose. The purpose of the recycling facilities standards and regulations is to establish regulations governing recycling, consistent with the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

(b) Definitions.

(1) Bulk reverse vending machine shall mean a reverse vending machine designed to accept more than one (1) container at a time and to compute the refund or credit due on the basis of weight.

(2) Collection facility, large shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public occupying more than five hundred (500) square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, and Kiosk-type units.

(3) Collection facility, small shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public occupying less than five hundred (500) square feet which may include:

(i) A mobile unit;

(ii) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet;

(iii) Kiosk-type units that may include permanent structures; or

(iv) Unattended containers placed for the donation of recyclable materials.

(4) Processing facility shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, or remanufacturing.

(5) Processing facility, heavy shall mean a processing facility other than a light- processing facility.

(6) Processing facility, light shall mean a processing facility occupying less than 50,000 square feet and including equipment for bailing, briquetting, crushing, compacting, grinding, shredding or sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.

(7) Recyclable material shall mean material including, but not limited to metals, glass, plastic and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials, but may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

(8) Recycling facility shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. On-site storage containers or processing facilities used solely for the recycling of material generated by residential property, business or manufacturer are not recycling centers for the purposes of this section.

(9) Reverse vending machine shall mean an automated mechanical device that accepts at least one (1) or more types of empty beverage containers including aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine.

(10) Single-fee revenue vending machine shall mean a reverse vending machine designed to accept individual containers one (1) at a time.

(c) Permits required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit as follows:

Recycling Facility Permit Requirements
Type of Facility	Districts Permitted	Permit Required
Bulk reverse vending machine and small collection Large collection Light processing Heavy processing	All C, I and PS CH and I I I	Zoning Clearance Minor Discretionary Permit Minor Discretionary Permit Conditional Use Permit

(d) Permits for multiple sites. The Community Development Director may grant a single Site Plan Permit in accordance with Article 3 of Chapter 9-5: Minor Administrative Approval to allow more than one (1) bulk reverse vending machine or small collection facility located on different sites under the following conditions:

(1) The operator of each of the proposed facilities is the same;

(2) The proposed facilities are determined by the Director to be similar in nature, size and intensity of activity; and

(3) All the applicable criteria and standards set forth in this section are met for each proposed facility.

(e) Design criteria and standards.

(1) Reverse vending machines.

(i) No machine shall obstruct pedestrian or vehicular circulation.

(ii) No required parking space shall be occupied.

(iii) Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

(iv) The maximum sign area is four (4) square feet per machine, exclusive of operating instructions.

(v) Adequate nighttime lighting shall be provided.

(vi) No machine located within three hundred (300') feet of an R District shall be visible from residences or public right-of-way located in an R District.

(2) Small collection facilities.

(i) Small collection facilities shall be no larger than five hundred (500) square feet, shall be set back at least ten (10') feet from a front or side property line, and shall not obstruct pedestrian or vehicular circulation.

(ii) No power-driven processing equipment shall be used except for reverse vending machines.

(iii) All containers shall be constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected.

(iv) All recyclable material shall be stored in containers or in a mobile unit vehicle.

(v) Attended facilities located within one hundred (100') feet of the boundary of an R District shall operate only between 9:00 a.m. and 7:00 p.m.

(vi) Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall be clearly marked identifying the name and telephone number of the facility operator, the hours of operation, and a notice stating that no material shall be left outside the recycling containers.

(vii) The maximum sign area shall be sixteen (16) square feet exclusive of informational requirements and operational instruction. Directional sign bearing no advertising message may be installed with the approval of the Community Development Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

(viii) No additional parking spaces will be required for customers of a small collection facility located at the established site of a host use. One (1) space will be provided for the attendant, if needed.

(ix) No required parking spaces shall be occupied by the facility.

(3) Large collection facilities.

(i) A large collection facility shall be located at least three hundred (300') feet from an R District.

(ii) Each facility shall be in an enclosed building or within an area enclosed by a solid masonry wall at least eight (8') feet in height with landscaping.

(iii) Six (6) parking spaces shall be for customers and one (1) parking space shall be provided for each commercial vehicle operated by the recycling facility.

(iv) Power-driven processing, including aluminum foil and can compacting, bailing, plastic shredding, or other light-processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise mitigation and other conditions are met.

(4) Processing facilities (light- and heavy-processing).

(i) Processors will operate in a wholly enclosed building except for incidental storage, or within an area enclosed on all sides by an opaque fence or wall not less than eight (8') feet in height and landscaped on all street frontages and shall be located at least five hundred (500') feet from an R District except that such facilities may be located closer provided a Conditional Use Permit is obtained in accordance with Article 5 of Chapter 9-5 TMC: Variances and Conditional Use Permits.

(ii) Power-driven processing shall be permitted provided all noise-level requirements are met in accordance with Article 3 of Chapter 9-2 TMC: Noise Standards. Light-processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

(5) All collection and processing facilities.

(i) No facility shall occupy a required front or corner side yard, and all regulations applicable to the principal structure on the site shall apply to collection and processing facilities except as provided in this section.

(ii) Facilities shall be designed to be compatible with the architectural character of adjacent structures.

(iii) A large collector or processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(iv) All exterior storage of material shall be in sturdy containers or enclosures that are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Any outdoor storage containers or materials shall not exceed the height of any screening fence or wall within seventy-five (75') feet of such fence or wall.

(v) All facilities shall be administered by on-site personnel during hours the facility is open. If a processing facility is located within five hundred (500') feet of an R District, it shall not be in operation between 7:00 p.m. and 7:00 a.m. unless such operating hours are extended by a Conditional Use Permit issued in accordance with Article 6 of Chapter 9-5 TMC: Conditional Use Permits and Variances.

(vi) Any containers provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

(vii) Containers shall be clearly marked to identify the type of material that may be deposited. There shall be displayed a notice stating that no material shall be left outside the recycling containers. All materials shall be kept in the containers to prevent creating a litter nuisance at the site or on any adjacent properties.

(viii) Sign requirements shall be those provided for in the zoning district in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

(1083-CS, Amended, 05/10/2007; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-117 Salvage and wrecking operations.

(a) Purpose. The purpose of the salvage and wrecking operations standards and regulations is to provide opportunities for locating salvage and wrecking operations in industrial areas so as not to have an adverse impact on adjacent land uses or groundwater supplies.

(b) Design criteria and standards.

(1) Salvage and wrecking operations shall not be located any closer than five hundred (500') feet from any A, R, C (except CH) or PS District or any such land so designated in the Turlock Area General Plan.

(2) Salvage and wrecking operations shall be conducted wholly within an area enclosed by a solid masonry wall at least eight (8') feet in height.

(3) Any outdoor storage shall not exceed the height of the solid masonry wall within seventy-five (75') feet of such wall.

(4) No hazardous substances or hazardous wastes, as defined in 42 U.S.C. Section 9601 (22), shall be released on, under or about the site and no material shall be discharged on, under or about the site that could affect the quality of the ground or surface waters within the meaning of the California Porter-Cologne Water Quality Act, as amended, Water Code Section 13000, et seq.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-118 Screening of mechanical equipment.

Exterior mechanical equipment, except solar collectors and residential utility meters, shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers. Satellite dish antennas and microwave equipment shall be screened in accordance with Section 9-2-101: Accessory buildings and uses.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-119 Second dwelling units.

A second dwelling unit on a single or multifamily residential zoned lot may be permitted subject to first securing a ministerial approval from the Community Development Director or his/her designee in each case and when the following conditions are met:

(a) The lot must contain an existing single-family dwelling.

(b) One (1) additional off-street parking space meeting City standards shall be required. Off-street parking spaces for a second dwelling unit may be provided with tandem parking.

(c) The second dwelling unit shall conform to all height, setback, lot coverage, architectural review, site plan review, density, fees, charges, and other zoning requirements applicable.

(d) The second dwelling unit may be occupied by a renter, but shall not be independently sold.

(e) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code, are permitted as a second dwelling unit pursuant to compliance with the provisions of this section.

(f) The second dwelling unit is subject to architectural review to ensure compatibility with the main dwelling unit and surrounding dwelling units in terms of scale, height, and exterior design and treatment as provided in the design guidelines. More specifically, the second dwelling unit shall incorporate compatible architectural characteristics including roof pitch and style, window and door detailing, exterior materials, textures, colors, and finishes.

(Ord. 1154-CS, Amended, 08/25/11; Ord. 1008-CS, Amended, 07/10/2003; Ord. 920-CS, Amended, 05/08/1997; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-120 Swimming pools, spas and hot tubs.

Swimming pools, spas and hot tubs may be placed anywhere on a lot except within the required front or corner side yard. The following standards shall apply:

(a) Uniform Building Code. Fencing, access gates, and other standards as required by the Uniform Building Code.

(b) Emergency access. A three (3') foot wide clear path shall be provided around fifty (50%) percent or more of the pool perimeter, excepting spas and hot tubs.

(c) Mechanical equipment. Setbacks for swimming pool mechanical equipment shall be as required by the applicable zoning district if located within the front two-thirds (2/3) of the lot. If located within the rear one-third (1/3) of the lot, there is no setback from the property line required.

(Ord. 983-CS, Amended, 07/11/2002; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-121 Underground utilities.

All electrical, gas, telephone, cable television, and similar distribution lines, including existing distribution lines, providing immediate service to a development site shall be installed underground within the site, except:

(a) Above ground installation shall be allowed in Agriculture Districts; or

(b) The Community Development Director may waive the undergrounding requirement if it can be demonstrated to the Director that site conditions make underground placement impractical.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-122 Neighborhood stores.

Development standards for neighborhood stores in residential districts shall be as follows:

(a) Neighborhood stores shall be located on corner lots only. No store shall be located within 1,000 feet of another commercial facility.

(b) On-site parking shall be provided at a minimum of one (1) space per three hundred (300) square feet of gross floor area with a maximum of one (1) space per two hundred (200) square feet of gross floor area. Parking shall not face directly onto adjoining streets or right-of-ways. Any existing alleyway may be utilized for access.

(c) On-site loading and unloading shall be provided in accordance with Section 9-2-218: Location and design of off-street loading spaces. Parking area driveways may be utilized where they meet the standards of Section 9-2-218.

(d) The maximum sign area allowed is one-half (1/2) square foot of sign area per one (1) lineal foot of building frontage. Freestanding signs shall not be permitted. Signs shall be designed in accordance with the sign design guidelines contained in Article 3 of this chapter.

(e) Neighborhood stores shall be separated from adjoining residential uses by a solid masonry wall. All masonry walls shall comply with all height and location standards for fencing in the applicable residential district.

(f) A minimum of ten (10%) percent of lot area shall be provided in landscaping. All landscaping shall comply with the standards in Section 9-2-109.

(Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-123 Rental storage facility.

A rental storage facility is subject to the following development standards:

(a) A minimum fifteen (15') feet wide landscape strip shall be installed along any street frontage. All landscaping and irrigation system shall be installed in accordance with the Section 9 of the Article (Section 9-2-109).

(b) The site shall be entirely paved, except for structures and landscaping.

(c) The elevation of any structure facing a street or fully visible to the public shall include architectural treatment such as stucco, brick, or wood finish, and articulated walls and rooflines.

(d) Structures located on a property line adjacent to residential property shall not exceed a height of eight (8') feet. Otherwise the setback and height standards apply as set forth in Section 3 of Article 3 of this Chapter (Section 9-3-303) and Section 3 of Article 4 of this Chapter (Section 9-3-403).

(e) The floor area ratio requirement of Section 3 of Article 3 of this Chapter (Section 9-3-303) and Section 3 of Article 4 of this Chapter (Section 9-3-403) does not apply but is determined by setback, aisle width, parking and landscaping requirements.

(f) One (1) residential unit may by provided for a caretaker that is responsible for security, maintenance or management of the facility. The residential unit shall be a permanent structure that is architecturally compatible with the storage facility and must be clearly accessory to the storage facility.

(g) A minimum seven (7) on site parking spaces shall be provided adjacent to the office. Two (2) additional parking spaces shall be provide for the caretaker.

(h) A minimum six (6') foot high decorative fence or wall shall be installed around the perimeter of the site. A minimum seven (7') foot high decorative solid wall shall be provided along property lines adjacent to properties zoned for residential use.

(i) All security gates that are automated shall be provided with equipment that can be activated by the Fire Department Opticom system. The driveway serving a security gate shall be designed to allow vehicles to turn around without backing out into the street.

(j) The driveway aisle throughout the complex with shall be a minimum twenty (20') feet to provide safe and unobstructed circulation.

(k) No flammable or otherwise hazardous materials shall be stored on the site.

(l) Security lighting shall be provided for the exterior of the buildings, parking areas, driveways, and aisles. Lighting shall be located or shielded so as to not produce glare on adjacent properties.

(m) Only freestanding monument signs are permitted and shall be of a low profile design not to exceed four (4') feet in height, externally illuminated, and incorporate the design, materials, textures, and colors used in the building. All building signage shall be composed of individual pan channel letters or equivalent. Exposed raceways, cabinet signs, and changeable copy are prohibited. All other applicable sign standards apply in accordance with Article 5 of Chapter 9-2.

(n) A minimum of one (1) trash receptacle shall be provided on the site. The trash receptacle shall be located and enclosed consistent with city standards.

(o) All storage shall be located within a fully enclosed structure except for recreation vehicles. Recreation vehicles shall be screened from public view and shall not be stored adjacent to residential properties.

(p) No business activity shall be conducted other than the rental of storage spaces for inactive storage use.

(Ord. 983-CS, Add, 07/11/2002)

9-2-124 Equipment sales, service and rentals.

(a) Equipment sales, service and rentals defined. Equipment Sales, Service and Rentals shall mean the sales, services and rental of construction or agricultural equipment only. It shall not pertain to the outdoor storage of vehicles, boats, and other large items not normally stored indoors that may be for sale or rent.

(b) Permits required. Unless located on a property previously authorized for such use, no equipment sales, service and rental facility shall operate without first obtaining a permit in accordance with Sections 7 through 14 of Article 3 of Chapter 5 of this Title (9-5-307 through 9-5-314: Minor Discretionary Permits) and with the provisions of the this section.

(c) Conditions and restrictions pertaining to equipment sales, service and rentals. An equipment sales, service and rental facility is subject to the following development standards:

(1) The entire length of all street frontages, including along State Highway 99, shall be landscaped. Except where previously approved and developed, such landscape planters shall be a minimum of ten (10') feet in width. Under no circumstance shall any required landscape planter along State Highway 99 be less than ten (10') feet in width on average.

(2) All landscaping and irrigation systems shall be designed and installed in accordance with the Section 9 of Article 1 of Chapter 2 of this Title (9-2-109).

(3) An average four (4') foot high compact, dense evergreen landscape hedge screen shall be installed along all street frontages, including along State Highway 99.

(4) Street trees shall be installed at forty (40') feet intervals, except that along State Highway 99 required street trees may be dispersed into distinct groups to afford views into the site from the public right-of-way.

(5) Landscaping shall be installed in accordance with the Northwest Triangle Specific Plan, Beautification Master Plan and all other applicable plans, policies, and ordinances of the City of Turlock.

(6) A minimum six (6') foot high decorative fence (wrought iron or approved alternate) shall be installed along the primary street frontage. On a previously developed site, chain link fencing may be acceptable if appropriately landscaped. A minimum seven (7') foot high decorative solid wall shall be provided along property lines adjacent to properties zoned for residential use.

(7) All chain link fencing shall include privacy slats or be landscaped with vines.

(8) All equipment shall be arranged in a structured and orderly manner on the site, and shall not encroach into any required setback or landscape area.

(9) Boom lifts, scissor lifts, loaders, backhoes and similar extendable equipment shall not be stored in an upright or extended position to exceed twenty (20') feet in height.

(10) At the discretion of the Community Development Director, heavy equipment and heavy vehicles may be stored on unpaved areas. However, all such areas shall be adequately covered with gravel, crushed base rock or approved equivalent to create an all-weather driving surface and to eliminate dust and mud. Notwithstanding this provision, the site shall be entirely paved, except for structures and landscaping.

(11) Customer and employee parking areas, including drive aisles, shall be paved.

(12) Adequate customer and employee parking shall be provided pursuant to Article 2 of Chapter 2 of Title 9 of this Code (Section 9-2-200). The number of parking spaces shall be determined by the floor area of on-site structures or as determined by the Community Development Director pursuant to Section 9 of Article 2 of Chapter 2 of Title 9 of this Code [9-2-209(b)].

(13) An all-weather driveway aisle shall be provided throughout the facility with a minimum width of twenty (20') feet to provide safe and unobstructed circulation.

(14) Exterior security lighting shall be provided. Lighting shall be installed and maintained so that it will not cast direct light or glare on adjacent properties or public rights-of-way.

(15) All freestanding signs shall incorporate the design, materials, textures, and colors used in the building. Except for freeway-oriented signage permitted under Section 6 of Article 5 of this chapter [9-2-506(d)(4)], all freestanding signs shall be of a low profile monument design not to exceed four (4') feet in height. All building signage shall be composed of individual pan channel letters or equivalent. Cabinet signs, and changeable copy are prohibited. All other applicable sign standards apply in accordance with Article 5 of Chapter 2 of Title 9 of this Code (9-2-500).

(16) Freeway-oriented signage permitted under Section 6(d)(4) of Article 5 of Chapter 2 of Title 9 of this Code [9-2-506(d)(4)] shall be designed to incorporate the design, materials, textures, and colors used in the building. Pole signs, as defined by Section 3 of Article 5 of Chapter 2 of Title 9 of this Code (9-2-503), composed of an unadorned, plain metal pole and/or a sign cabinet are prohibited. However, the Community Development Director may approve a freeway-oriented pole sign where the pole or poles incorporate the design, materials, textures of the main building and the cabinet has a translucent background with opaque lettering. Changeable copy is prohibited on any freeway-oriented sign.

(17) A minimum of one (1) trash receptacle shall be provided on the site. The trash receptacle shall be located and enclosed consistent with city standards.

(18) No business activity shall be conducted other than the sales, service or rental of construction or agricultural equipment unless such business activity is clearly incidental to the primary authorized use.

(Ord. 995-CS, Add, 12/12/2002)

9-2-125 Mobile food facilities.

(a) Purpose. The purpose of this section is to allow mobile food facilities to operate within the City through an expedited permitting process that ensures that such uses are operated in a manner that is safe and secure, and will not create adverse impacts to either the property on which they are located or to the immediate neighborhood.

(b) Mobile food facility permit required. Any person must obtain a mobile food facility permit prior to operating a mobile food facility on private property within the City. The approval shall be specific to a location and shall not be transferable to other locations or operators. Operation of a mobile food facility shall not be permitted on public property under this section. An application for a permit shall be submitted for approval of a mobile food facility permit not less than fifteen (15) days before the use is intended to begin. The application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located and, if different, the business owner providing restroom facilities within two hundred (200') feet as prescribed by the California Commercial Retail Food Code.

(c) Mobile food facility permit application: Review and approval.

(1) Once an application has been accepted as complete, the Community Development Director or designee shall take action within fifteen (15) days.

(2) Once an application has been accepted as complete, the Community Development Director or designee shall refer the permit application to City departments and any other agencies deemed appropriate by the Community Development Director.

(3) In considering an application for a permit pursuant to this section, the Community Development Director or designee shall approve the permit only if it makes the following findings and subject to the limitations and conditions of this section:

(i) The proposed location is on an improved property that is entirely paved and shall not interfere with the operation of any approved uses on the site;

(ii) The site is adequate to support the operation of the mobile food facility and the mobile food facility will not adversely affect adjacent structures and uses, or the surrounding neighborhood;

(iii) The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;

(iv) The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;

(v) The proposed use will not conflict with the terms or intent of any planned unit development permit or conditional use permit currently in effect on the property;

(vi) The proposed use and location complies with all applicable requirements of the Turlock Municipal Code, the California building and fire codes, and any other applicable local, regional, State or Federal laws or regulations; and

(vii) The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.

(d) Limitations of use by zoning district. A mobile food facility may be permitted to operate on any property zoned for commercial or industrial uses, except the CO Commercial Office District defined under Article 3 of Chapter 9-3 TMC.

(e) Limitation on number and concentration of mobile food facilities. On properties of less than one (1) acre in size, no more than one (1) mobile food facility shall be permitted at one (1) time.

(f) Duration of initial mobile food facility permit and renewals. The mobile food facility shall be authorized for an initial period of one (1) year in duration on January 1st and July 1st of each calendar year. Applications received between the period of January 1st and July 1st will be given a renewal date of July 1st each year. Applications received between the period of July 1st and January 1st will be given a renewal date of January 1st each year. The Community Development Director may consider and take appropriate action on a request for renewal of a mobile food facility permit for an additional one (1) year period, upon review of a written request submitted no later than thirty (30) days prior to the expiration of the approved mobile food facility permit. Each renewal shall be subject to the findings and conditions outlined in this section. There shall be no limit on the number of renewals that may be granted.

(g) Conditions. In authorizing an application for a mobile food facility permit, the Community Development Director shall include as conditions of approval, the following minimum provisions:

(1) The use shall be conducted entirely upon private property and not within any public right-of-way;

(2) The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws;

(3) No permanent structures may be constructed on the site to support the operation of the mobile food facility;

(4) No signs, balloons, or flags may be displayed on or off the site to promote the mobile food facility except those permanently affixed to the mobile food vehicle/trailer;

(5) No outdoor music, live or amplified, is permitted;

(6) Temporary canopies or tents less than one hundred twenty (120) square feet may be erected but must be removed at the end of each business day;

(7) No more than two (2) small tables seating up to a total of ten (10) people may be permitted and must be removed at the end of each business day;

(8) Vehicle and temporary canopies or tents shall not be located closer than twenty (20') feet to a building or structure;

(9) Vehicle and any temporary canopies or tents shall not be located on the same parcel, or closer than one hundred (100') feet from the lot line of an adjacent parcel, on which a flammable, combustible, or liquid petroleum gas dispensing or storage container is located;

(10) Provisions for fire protection and fire vehicle access shall be made as prescribed by the Fire Marshal;

(11) The site shall be continuously maintained free of weeds, litter and debris;

(12) Within three (3) days after ceasing operation of the mobile food facility at any location, the site shall be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed;

(13) The mobile food facility operator shall obtain and maintain a valid Turlock business license at all times;

(14) An agreement for the use of properly operating restroom facilities within two hundred (200') feet of the vehicle’s location shall be maintained at all times; and

(15) Any additional limitations or conditions as required by the Community Development Director as conditions of approval.

(h) Fee. A fee shall be paid by the applicant to cover the costs of processing and administering the mobile food facility permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.

(i) Suspension or revocation of mobile food facility permit. Any mobile food facility permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC. The permit shall be automatically suspended and may be revoked when the permit issued by the Stanislaus County Environmental Resources Department is suspended or revoked for any reason.

(j) Appeal. The decision of the Community Development Director may be appealed as provided by Chapter 1-4 TMC.

(1132-CS, Amended, 12/24/09; 1130-CS, Added, 11/12/09)

Article 2. Off-Street Parking and Loading Regulations

9-2-201 Specific purposes.

In addition to the general purposes listed in Chapter 9-1-100 et.seq., the specific purposes of the off-street parking and loading regulations are to:

(a) Ensure that off-street parking and loading facilities are provided for new land uses, and for major alterations and enlargements of existing uses in relation to the need for these facilities created by each use; and

(b) Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and insulate surrounding land uses from adverse impacts.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-202 Application of provisions to uses.

The provisions of this article shall apply to all uses set forth in this article even though the use may be a nonconforming use and even though a variance may have been granted for the establishment of such nonconforming use.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-203 Off-street parking required: Availability and maintenance.

Every building erected shall be provided with parking spaces as required by the provisions of this article. Such parking spaces shall be made permanently available and shall be permanently maintained for parking purposes.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-204 Off-street parking: Reconstructed buildings.

Every building reconstructed, remodeled, or structurally altered shall be provided with parking spaces to compensate for the additional parking demand, if any, created by such remodeling, reconstruction or structural alteration.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-205 Off-street parking for existing buildings and uses.

Off-street parking spaces which are maintained in connection with existing buildings, structures, and uses, and under the same ownership, shall be maintained as long as such buildings, structures, and uses remain, unless an equivalent number of such spaces is provided in accordance with the requirements of this article. The provisions of this section shall not require the maintenance of more parking spaces than are required for new buildings or structures similar in use and purpose to such existing buildings or structures.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-206 Off-street parking: Location.

All required parking spaces shall be located on the same lot as the primary structure or located within a radius of five hundred (500') feet from the property. These parking spaces shall be maintained during the life of the building or until equivalent parking is provided by other means. Should it be necessary to replace the required parking area; the owner, lessee, or assignee shall provide and maintain other parking facilities sufficient to comply with the requirements of this article.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-207 Parking in the R District.

All parking areas in R Districts shall be subject to the same restrictions for accessory buildings according to the applicable zoning district. In addition, all parking areas in R Districts shall be subject to the following additional provisions:

(a) When a covered garage or carport will not be provided for the required parking spaces of a residential structure, the required spaces shall be paved and located so that an enclosed structure could be constructed at a future date.

(b) Required parking areas shall be incidental and accessory to a use permitted in the district in which the property is located. Parking areas incidental to and accessory to a commercial or industrial use located in an adjacent C or I District may be allowed subject to obtaining an approved conditional use permit from the Planning Commission.

(c) All parking areas shall be used solely for the parking of private passenger vehicles.

(d) No parking or storage shall take place on the required front yard of any residence except on the paved area leading directly to a carport or enclosed garage or as expressly authorized in this article.

(Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-208 Border barricades, screening, and landscaping.

(a) When a fence does not separate a parking area or driveway aisle from any street or alley, a concrete curb or timber barrier not less than six (6") inches in height shall be located not less than two (2') feet from the street or alley line. The curb or barrier shall be securely installed and maintained.

(b) Every parking area abutting property located in the R District shall be separated from such property by a solid wall, view-obstructing fence, or compact evergreen hedge six (6') feet in height.

(c) Any parking areas or driveway aisles visible from a public street shall be screened with landscaping to a height of three (3') feet.

(d) Any lights used to illuminate any parking area or car sales area shall be arranged to reflect light away from any premises on which a dwelling is located.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-209 Off-street parking: Spaces required.

(a) Uses enumerated. Except as otherwise provided in this article, the number of off-street parking spaces required shall be as follows:

Off-Street Parking Space Requirements
Use	Space Requirement
Assembly places including churches, clubs and lodges	1 space per 50 square feet of assembly area
Business, professional and financial offices	1 space per 250 square feet of gross floor area
Cafes, restaurants and other eating establishments	1 space per 3 seats or 1 space per 100 square feet of gross floor area when the number of seats is not known
Convalescent, nursing and group homes	1 space per 400 square feet of gross floor area
Industrial, manufacturing and warehousing	1 space per 1,000 square feet of gross floor area
Medical offices	1 space per 200 square feet of gross floor area
Motels, hotels	1 space per sleeping unit
Public facilities	1 space per 400 square feet of gross floor area
Recreational and health facilities	1 space per 100 square feet of gross floor area
Residential:
Single-family	2 spaces per dwelling unit
Multifamily	1.5 spaces per dwelling unit plus 1 guest space per 4 dwelling units
Retail commercial uses	1 space per 300 square feet of gross floor area
Schools and classrooms	1 space per 200 square feet of gross floor area

(b) Undetermined uses. In the event it is not possible to determine the number of parking spaces required for a particular use, the Community Development Director shall determine an adequate number of parking spaces based upon the standards and requirements for the most comparable use. Determination by the Community Development Director shall be in accordance with Article 3 of Chapter 9-5 TMC for minor discretionary permits.

(c) Shared parking. Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities, and if the uses are open during substantially different days or hours of the week and/or if one (1) use has a surplus of parking. Shared parking may be approved by the Community Development Director if:

(1) A sufficient number of parking spaces are provided to participating uses in accordance with this section;

(2) The applicant provides documentation substantiating the reasons for the requested parking reduction. The documentation should at least describe the nature of the uses, number of existing and proposed parking spaces, and the times when the uses operate to demonstrate the lack of conflict between the uses; and

(3) Additional documents, covenants, deed restrictions, or other agreements as deemed necessary by the Community Development Director are executed to assure that the required parking spaces and access are provided for the life of the uses and other similar future uses. A document shall be recorded to assure shared maintenance of the parking facilities.

(Ord. 1154-CS, Amended, 08/25/11; Ord. 1008-CS, Amended, 07/10/2003; Ord. 983-CS, Amended, 07/11/2002; Ord. 958-CS, Amended, 10/12/2000; Ord. 938-CS, Amended, 09/02/2000; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-210 Parking spaces for people with disabilities.

All parking facilities shall comply with the requirements of the California Administrative Code and with the sign requirements of the California Vehicle Code. One (1) parking space shall be provided for each dwelling unit designed for people with disabilities. Parking for people with disabilities shall be provided for all projects on the basis of total parking provided on-site.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-211 Bicycle parking.

(a) Where Required. Bicycle parking spaces shall be provided for all commercial, industrial, public and semipublic uses. Bicycle parking shall be in addition to automobile parking spaces.

(b) Number Required.

(1) Commercial and industrial use classifications: Where ten (10) or more automobile parking spaces are required, the number of bicycle parking spaces provided shall be a minimum of ten (10%) percent of the number of automobile parking spaces.

(2) Public and semipublic use classifications: as specified by a Minor Administrative Permit issued in accordance with Article 3 of Chapter 9-5 for Minor Discretionary Permits.

(c) Design Requirements. For each bicycle parking space required, a compatible bike rack shall be provided to which a user can secure the bicycle. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket.

Bicycle parking shall be provided in a manner which does not interfere with pedestrian or vehicular circulation and shall be located near building entrances.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-212 Off-street parking districts.

Any property located within an off-street parking district created under the general laws of the State shall be credited with its pro rata share of the off-street parking spaces being provided by the district when computing the number of off-street parking spaces required for any new construction, reconstruction, remodeling, or structural alteration of such property.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-213 Parking configuration and aisle dimensions.

Every lot used as a public or private parking area shall conform to the dimensions in the following diagram and table:

Parking Space Requirements at Various Parking Angles
Stall Angle A	Stall Width B	Stall Depth C	Aisle Width1 D	Curb Length E	Bay Width Curb F
302 30	8'6" 9'0"	16'11" 17'4"	11'0" 11'0"	17'0" 18'0"	44'10" 45'8"
452 45	8'6" 9'0"	19'6" 19'10"	13'6" 13'0"	12'1" 12'9"	52'6" 52'8"
602 60	8'6" 9'0"	20'8" 21'0"	18'6" 18'0"	9'10" 10'5"	59'10" 60'0"
902 90	7'6" 9'0"	15'0" 19'0"	20'0" 24'0"	7'6" 9'0"	50'0" 62'0"

1. Twenty-four (24') foot minimum aisle width for 2-way circulation.

2. Compact spaces - A maximum of thirty (30%) percent of the total parking spaces are allowed.

(Ord. 958-CS, Amended, 10/12/2000; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-214 Specific parking area design.

When an applicant can demonstrate to the satisfaction of the Community Development Director that variations on the dimensions required in this division are necessary, a specific parking area design may be approved, subject to a Minor Administrative Permit obtained in accordance with Article 3 of Chapter 9-5: for Minor Administrative Approvals, under the following limitations:

(a) The parking area design will not impede the flow of vehicles, reduce pedestrian safety, or hinder loading or unloading.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-215 Parking access from street.

All spaces in a parking facility, except single family and multifamily dwellings with up to two (2) dwellings, shall be accessible and all circulation shall be internal without re-entering a public right-of-way unless it is determined by the Community Development Director to be physically impossible to provide for such access. However, an alley may be used as maneuvering space for access to off-street parking.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-216 Driveway and corner visibility.

Street corners and driveways connecting with a public street shall be maintained as areas of unrestricted visibility (“clear vision zones”) in accordance with the latest version of the City of Turlock Standard Specifications and Drawings.

(1083-CS, Amended, 05/10/2007; Ord. 963-CS, Amended, 03/29/2001; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-217 Additional design standards for parking lots and structures.

Parking lots shall have paving, drainage, wheel stops, curbing, lighting, space marking, and directional signs, which shall be subject to approval of the Community Development Director or designee. In reviewing the design of parking structures, the Community Development Director or the Planning Commission, as the case may be, shall consider the compatibility of the design with adjacent buildings or uses.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-218 Location and design of off-street loading spaces.

On every lot in any C or I District on which is conducted any commercial use permitted in that district, there shall be provided space for the loading and unloading of goods and materials. These loading spaces shall not be less than fifteen (15') feet in width, nor less than twenty-five (25') feet in length, nor less than fourteen (14') feet in height. Required spaces shall not be within a building, but shall be on the site of the use served or on an adjoining site. On a site adjoining an alley, a required loading space shall be accessible from the alley unless alternative access is approved by the Community Development Director. A required loading space shall be accessible without backing a truck across a street property line unless the Community Development Director determines that provision of turn-around space is infeasible and approves alternative access. An occupied loading space shall not prevent access to a required off-street parking space. A loading area shall not be located in a required front or corner front yard. Except in a CH or I district, a loading area visible from a street shall be screened on three (3) sides by a fence, wall, or hedge at least six (6') feet in height.

(Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-219 Parking area plan required.

Prior to the construction of an off-street parking area for a non-residential use or a multi-family dwelling with more than four (4) units, a plan shall be submitted to the Community Development Director for the purpose of indicating compliance with the provisions of this Division. This plan shall include:

(a) The location and placement of required landscaped areas and irrigation layout, including a computation of the required area;

(b) A planting plan including a list of plants by name and size keyed to their location on the parking area;

(c) Location and description of fencing and architectural screen walls;

(d) Location and placement of parking stalls, including bumpers, striping and circulation, and directional signs, with all dimensions to permit comparison with approved parking standards;

(e) Placement and illumination data of parking area lights; and

(f) Method of drainage.

(Ord. 914-CS, Amended, 02/14/1997)

Article 3. Noise Standards

9-2-301 Specific Purposes.

In order to control unnecessary, excessive, and annoying noise and vibration on the City, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the City to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the City where noise levels are above acceptable values.

It is determined that certain noise levels and vibrations are detrimental to the public health, welfare, and safety and are contrary to the public interest. Therefore, the Council does ordain and declare that creating, maintaining, or causing, or allowing to be created, caused, or maintained, any noise or vibration in a matter prohibited by, or not in conformity with, the provisions of this chapter is a public nuisance and shall be punishable as such.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-302 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“A weighted sound level” shall mean the sound level in decibels as measured on a sound level meter using the A weighting network weighted to the range of human hearing. The level so read is designated dB(a) or dBA.

“Ambient noise” shall mean all encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this chapter, the ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without the inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

“Commercial area” shall mean any commercial area as defined in the General Plan and zoning provisions and designated by a “C” prefix in the zoning provisions and on the zoning map.

“Construction” shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action for or on public or private rights of way, structures, utilities, or similar property.

“Cumulative period” shall mean any additive period of time composed of individual time segments which may be continuous or interrupted.

“Decibel” shall mean a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

“Emergency work or action” shall mean work or action made necessary to restore property to a safe condition after a public calamity, or work required to protect persons or property from imminent exposure to danger or damage, or work by public or private utilities to restore utility service.

“Fixed noise source” shall mean a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.

“Impulsive sound” shall mean sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

“Industrial area” shall mean any industrial area as defined by the General Plan and zoning provisions and designated by an “I” prefix in the zoning provisions and on the zoning map.

“Intrusive noise” shall mean that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level.

“Licensed” shall mean the possession of a formal license or a permit issued by the appropriate jurisdictional authority or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public records.

“Mobile noise source” shall mean any noise source other than a fixed noise source.

“Motor vehicle” shall mean and include any and all self propelled vehicles as defined in the Vehicle Code of the State, including all on highway type motor vehicles subject to registration under said code and all off highway type motor vehicles subject to identification under said code.

“Muffler or sound dissipative device” shall mean a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

“Noise Control Officer” shall mean the City of Turlock code enforcement officer. The Noise Control Officer shall be empowered to enforce the provisions of this chapter.

“Noise disturbance” shall mean any sound which:

(1) Endangers or injures the safety or health of human beings or animals; or

(2) Annoys or disturbs a reasonable person of normal sensitivities; or

(3) Endangers or injures personal or real property.

“Noise level” shall mean A weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micropascals. The unit of measurement shall be designated as dBA.

“Noise sensitive zone” shall mean any area so designated for the purpose of ensuring exceptional quiet, for example, a hospital zone, nursing home, or family care home.

“Noise zone” shall mean any defined area or region of a generally consistent land use wherein the ambient noise levels are within a range of five (5) dB.

“Person” shall mean a person, firm, association, partnership, joint venture, corporation, or any entity, public or private in nature.

“Public right of way” shall mean any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.

“Public space” shall mean any real property, or structure thereon, which is owned or controlled by a governmental entity.

“Pure tone” shall mean any sound which can be judged as audible by the Noise Control Officer as a single pitch or a set of single pitches.

“Real property boundary” shall mean an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra building real property divisions.

“Residential area” shall mean any residential area as defined in the General Plan and zoning provisions and designated by an “R” prefix in the zoning provisions and on the zoning map.

“Sound amplifying equipment” shall mean any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this chapter, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

“Sound level meter” shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S1A meters in the American National Standards Institute Specifications for sound level meters, S1.4 1971, or the most recent revision thereof.

“Sound truck” shall mean any motor vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.

“Vibration perception threshold” shall mean the minimum ground or structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of .005 in/sec over the range of one to 100 Hz.

“Zone” shall mean any of the zones specified in this Code as such zones are presently identified there and as they may be subsequently modified or altered.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-303 General noise regulations.

Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. Noncommercial public speaking and public assemble activities conducted on any public space or public right of way shall be exempt from the operation of this section.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-304 Preliminary action.

If it is determined by the responding agency that a sound level in excess of the levels prescribed by this chapter exists, the following procedures shall be followed:

(a) A written warning shall be issued by the Noise Control Officer or his agent to the person responsible for the event causing the disturbance.

(b) If the disturbance persists for more than fifteen (15) minutes following the notice, or recurs within an eight (8) hour period, then the person responsible for the event causing the disturbance shall be guilty of a violation of this chapter. Any such violation shall be an infraction.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-305 Factors of determination.

The factors which will be considered in determining whether a violation of the provisions of this chapter exists shall include, but not be limited to the following:

(a) The sound level of the alleged objectionable noise;

(b) The sound level of the ambient noise;

(c) The proximity of the noise to residential sleeping facilities;

(d) The nature and zoning of the area within which the noise emanates;

(e) The number of persons affected by the noise source;

(f) The time of day or night the noise occurs;

(g) The duration of the noise and its tonal, musical, or informational content; and

(h) Whether the noise is continuous, recurrent, or intermittent.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-306 Noise measurement procedure.

Upon the receipt of a complaint from a citizen, the Noise Control Officer or his agent, equipped with a sound level meter, shall investigate the complaint. The investigation shall consist of a measurement taken according to the Enforcement Manual and the gathering of data to adequately define the noise problem and shall include the following:

(a) Non-acoustic data.

(1) The type of the noise source;

(2) The location of the noise source relative to the complainant’s property;

(3) The time period during which the noise source is considered by the complainant to be intrusive;

(4) The total duration of the noise produced by the noise source; and

(5) The date and time of the noise measurement survey.

(b) Acoustic data. Utilizing the A weighting scale of the sound level meter and the “slow” meter response, the Noise Control Officer or his agent shall measure the sound level at any point on the receiver’s property.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-307 Noise Limits.

The provisions of this section address noise intrusions over and above the noise normally associated with a given location (intrusions over the ambient level). The ambient noise varies throughout the community, depending upon proximity to highways, population density, and land use. Difference standards are set for various segments of the community which reflect the existing day and nighttime ambient noise levels.

The ambient noise level is defined in terms of statistical parameters which describe the total noise occurring over any hourly time period.

A noise intrusion is judged by comparing such noise statistics with the noise source on versus such statistics with the noise source off (the ambient). Violations of the provisions of this chapter may be cited in terms of particular levels exceeded or in terms of the length of time the intrusive noise exceeded such standards. Compliance with the noise emission standards as set forth in this section shall constitute the elimination of a noise disturbance.

(a) Exterior noise standards.

Exterior Noise Limits (Levels Not To Be Exceeded More Than 30 Minutes in Any Hour)
Receiving Land Use Category	Time Period	Noise Level (dBA) Noise Zone Classification
		Rural/Suburban	Suburban	Urban
Residential One & Two-Family Multiple Dwelling Public Space Limited Commercial Multiple Dwellings Commercial Light Industrial Heavy Industrial	10:00 p.m. - 7:00 a.m. 7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7:00 a.m. 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7:00 a.m. 7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7:00 a.m. 7:00 a.m. - 10:00 p.m. Any Time Any Time	40 50 45 50 50	45 55 50 55 55 55 60 60 65 70 75	50 60 55 60 60

The classification of different areas of the community in terms of environmental noise zones shall be determined by the Noise Control Officer, based upon the assessment of the community noise survey data and noise contours established by the Noise Element of the General Plan. Additional area classifications should be used as appropriate to reflect both lower and higher existing ambient levels than those shown. Industrial noise limits are intended primarily for use at the boundaries of industrial zones rather than for noise reduction within the zone.

(1) Maximum permissible sound levels for churches and similar organizations using amplified bells, chimes or other similar devices. Any church or similar organization using amplified bells, chimes or other similar devices shall only use same during the time period reflected herein below and shall not exceed the following maximum permissible sound level nor shall the playing period exceed more than thirty (30) minutes in any one hour:

Amplified Bells or Chimes (Not to exceed 30 minutes in one hour)
Noise Zone	Receiving Land Use Category	Time Period	Maximum Permissible Sound Level (dBA)
All Noise Zones as specified in TMC §9-4-507 (a)	All Receiving Land Use Categories as specified in TMC §9-4-507 (a)	8:00 a.m. - 10:00 p.m.	60 dBA

(b) Interior noise standards.

Maximum Permissible Dwelling Interior Sound Levels
Noise Zone	Type of Land Use	Time Interval	Allowable Interior Noise Level (dBA)
All	Residential	10:00 p.m. - 7:00 a.m. 7:00 a.m. - 10:00 p.m.	35 45

(1) The interior noise standards for multi family residential dwellings as set forth in this section shall apply, unless otherwise specifically indicated, within all such dwellings with windows in their normal seasonal configuration.

(2) No person shall operate, or cause to be operated, within a dwelling unit any source of sound or allow the creation of any noise which causes the noise level when measured inside a neighboring receiving dwelling unit to exceed:

(i) The noise standard as specified in this section for a cumulative period of more than five (5) minutes in any hour; or

(ii) The noise standard plus five (5) dB for a cumulative period of more than one minute in any hour; or

(iii) The noise standard plus ten (10) dB or the maximum measured ambient for any period of time.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-308 Maximum permissible sound levels by receiving land uses.

The maximum sound levels shall be determined as follows:

(a) The noise standards for the various categories of land use identified by the Noise Control Officer as set forth in Section 9-2-307 of this article, unless otherwise specifically indicated, shall apply to all such property within a designated zone.

(b) No person shall operate, or cause to be operated, any source of sound at any location within the incorporated City, or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed:

(1) The noise standard for that land use as specified in Section 9-2-307 of this article for a cumulative period of more than thirty (30) minutes in any hour; or

(2) The noise standard plus five (5) dB for a cumulative period of more than fifteen (15) minutes in any hour; or

(3) The noise standard plus ten (10) dB for a cumulative period of more than five (5) minutes on any hour; or

(4) The noise standard plus fifteen (15) dB for a cumulative period of more than one minute in any hour; or

(5) The noise standard plus twenty (20) dB or the maximum measured ambient level for any period of time.

(c) If the measured ambient level differs from that permissible within any of the first four (4) noise limit categories set forth in subsection (b) of this section, the allowable noise exposure standard shall be adjusted in five (5) dB increments in each category as appropriate to encompass or reflect such ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level.

(d) If the measurement location is on a boundary between two (2) different zones, the noise level limit applicable to the lower noise zone, plus five (5) dB, shall apply.

(e) If possible, the ambient noise shall be measured at the same location along the property line utilized in subsection (b) of this section, with the alleged offending noise source inoperative. If for any reason the alleged offending noise source cannot be shut down, the ambient noise shall be estimated by performing a measurement in the same general area of the source but at a sufficient distance such that the noise from the source is at least ten (10) dB below the ambient in order that only the ambient level is measured. If the difference between the ambient and the noise source is five (5) to ten (10) dB, then the level of the ambient itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the source.

(f) In noise sensitive zones the maximum permissible sound level shall be exceeded by:

(1) Creating or causing the creation of any sound within any noise sensitive zone so as to exceed the specified land use noise standards set forth in Section 9-2-305 of this article provided conspicuous signs are displayed indicating the presence of the zone; or

(2) Creating or causing the creation of any sound within or adjacent to any noise sensitive zone containing a hospital, nursing home, school, court, or other designated area so as to interfere with the functions of such activity or annoy the occupancy in the activity provided conspicuous signs are displayed indicating the presence of the zone.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-309 Prohibited acts.

The following acts are hereby prohibited:

(a) Radios, television sets, musical instruments, and similar devices. Operating, playing, or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument, or similar device which produces or reproduces sound in such a manner as to create a noise disturbance, except for activities for which a variance has been issued by the Noise Control Officer;

(b) Loudspeakers (amplified sound). Using or operating for any purpose any loudspeaker, loudspeaker system, or similar device such that the sound therefrom creates a noise disturbance, except for any activity, special event or time period for which a variance or permit has been issued by the Noise Control Officer;

(1) Exception. Churches and other such organizations may use amplified bells, chimes or similar devices in accordance with the provisions in Section 9-2-307(a)(1).

(2) Exception. Amplified sound shall be allowed at Central Park between the hours of 8:00 a.m. and 10:00 p.m. in accordance with the provisions of this chapter.

(c) Yelling and shouting. Loud or raucous yelling, shouting, whistling, or singing so as to cause a noise disturbance;

(d) Street sales. The solicitation, sale, or advertising of any product or service by shouting or outcry within any residential or commercial area or noise sensitive zone of the City, except by variance issued by the Noise Control Officer;

(e) Animals. Keeping or maintaining, or permitting to be kept or maintained, upon any premises owned, occupied, or controlled by any person any animal which, by any frequent or long continued noise, shall cause annoyance or discomfort to two (2) or more reasonable persons of normal sensitiveness who reside in separate residences (including apartments and condominiums). However, the Noise Control Officer or his agent may proceed on the basis of a complaint of only one person if circumstances are determined to exist whereby a noise disturbance caused by an animal affects only one individual. Any noise which is audible continuously for ten (10) minutes or intermittently for thirty (30) minutes shall be prima facie evidence of such annoyance or discomfort. Factors which can be used to evaluate excessive animal noise include, but are not limited to, (a) the time of day; (b) the pitch; (c) the pattern; (d) the duration; and (e) the frequency of occurrence;

(f) Loading and unloading. Loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or similar objects between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential real property line;

(g) Construction or demolition.

(1) Hours of operation. Operation or causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00 p.m. and 7:00 a.m. or (8:00 p.m. and 9:00 a.m. on weekends or holidays) such that the sound therefrom creates a noise disturbance across a residential or commercial real property line, except for emergency work or public service utilities or by variance issued by the Noise Control Officer; and

(2) Noise restrictions at affected properties. Where technically and economically feasible, construction activities shall be conducted in such a manner that the maximum sound levels at affected properties will not exceed those listed in the following schedule:

(i) Mobile equipment. Maximum sound levels for nonscheduled, intermittent, short term operation (less than ten (10) days per month) of mobile equipment:

Mobile Construction Equipment
Time Interval	One and Two Family Residential	Multiple Family Residential	Commercial & Industrial
Daily 7:00 a.m. - 7:00 p.m. Weekends/Holidays 9:00 a.m. - 8:00 p.m.	75 60	80 65	85 70

(ii) Stationary equipment. Maximum sound levels for repetitively scheduled and relatively long term operation (periods of ten (10) days or more per month) of stationary equipment:

Stationary Construction Equipment
Time Interval	One and Two Family Residential	Multiple Family Residential	Commercial & Industrial
Daily 7:00 a.m. - 7:00 p.m. Weekends/Holidays 9:00 a.m. - 8:00 p.m.	60 50	65 55	70 60

(h) Vibration. Operating or permitting the operation of any device which creates a vibration which annoys or disturbs at least two (2) or more reasonable persons of normal sensitivity who reside in separate residences (including apartments and condominiums) at or beyond the property boundary of the source, on private property, or at least 150 feet (forty six (46) meters) from the source, on a public space or public right of way;

(i) Motor vehicle noise limits.

(1) Motor vehicles. It shall be the policy of the City to enforce those sections of the Vehicle Code of the State regarding motor vehicle noise limits and equipment violations which create noise problems, motor vehicle horns, sound levels emitted from off highway vehicles operating off the public right of way, and successors thereof. Commercial maintenance equipment and machinery shall be equipped with proper mufflers and air-intake silencers in good working order.

(2) Refuse collection vehicles. No person shall collect refuse with a refuse collection vehicle between the hours of 6:00 p.m. and 5:00 a.m. of the following day in a residential area.

(3) Vehicle, motorboat, and aircraft repair and testing. No person shall repair, rebuild, modify, or test any motor vehicle, motorboat, or aircraft in such a manner as to create a noise disturbance across a residential real property line or at any time to violate the provisions of this chapter;

(j) Powered model vehicles. Operating or permitting the operation of powered model vehicles so as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of this chapter;

(k) Emergency signaling devices.

(1) The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing as provided in subsection (2) of this subsection;

(2) (i) Testing of a stationary emergency signaling device shall not occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds; and

(ii) Testing of the complete emergency signaling system, including the functioning of the signaling device, and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 7:00 a.m. or after 10:00 p.m. The time limit specified in subsection (i) of this subsection shall not apply to such complete system testing; and

(3) Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is terminated within fifteen (15) minutes after any single security violation or false alarm.

(l) Domestic power tools, machinery, heating, venting, or air conditioning (HVAC) equipment.

(1) Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool between 10:00 p.m. and 7:00 a.m. on weekdays (or 8:00 p.m. and 9:00 a.m. on weekends and legal holidays) so as to create a noise disturbance across a residential or commercial real property line; and

(2) Any motor, machinery, or pump, such as swimming pool or HVAC equipment and the like, installed or replaced after October 11, 1984, shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance across a residential or commercial real property line;

(m) Places of entertainment. Operating or permitting the operation or playing of any loudspeaker, musical instrument, motorized racing vehicle, or other source of sound which exceeds ninety-five (95) dBA as read on the scale of a sound level meter in any place of public entertainment at any point normally occupied by a customer without a conspicuous and legible sign stating “Warning  Sound Levels Within May Cause Hearing Impairment”; and

(n) Tampering. The removal or rendering inoperative, other than for purposes of maintenance, repair, or replacement, of any noise control device, or element thereof, of any product required to meet specified noise emission limits under Federal, State, or local laws and the use of such product after its noise control device has been removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-310 Emergency exemptions.

The provisions of this chapter shall not apply to:

(a) The emission of sound for the purpose of alerting persons to the existence of an emergency; or

(b) The emission of sound in the performance of emergency work.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-311 Miscellaneous exemptions.

(a) Warning devices. Warning devices necessary for the protection of the public safety, as, for example, police, fire, and ambulance sirens, shall be exempted from the provisions of this chapter.

(b) Outdoor activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events provided such events are conducted pursuant to a permit or license issued by the City relative to the staging of such events.

(c) Agricultural operations. All mechanical devices, apparatus, or equipment associated with acceptable agricultural operations or practices conducted on agricultural property shall be exempt from the provisions of this chapter. If, however, the operation is in the vicinity of residential land uses, and/or in operation for less than one year, a variance permit shall be required to operate noise producing devices, with the following conditions:

(1) That operations do not take place between 8:00 p.m. and 5:00 a.m.; or

(2) That such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or

(3) That such operations and equipment are associated with agricultural pest control through pesticide applications provided the applications are made in accordance with permits issued by or regulations enforced by the Country Agricultural Commissioner; and

(4) That such devices utilized for pest control which incorporate stationary or mobile noise sources (electro mechanical bird scare devices and the like) are operated only by a permit issued by the Noise Control Officer. The allowable hours and days for the operation of such devices will be specified in the permit; and

(5) That all equipment and machinery powered by internal combustion engines shall be equipped with a proper muffler and air intake silencer in good working order.

(d) Churches and other similar organizations. Any church or other similar organization which use unamplified bells, chimes or other similar devices are exempt from the provisions of this chapter so long as said church or other similar organization plays such between the time period of 8:00 a.m. and 10:00 p.m. and the playing period does not exceed thirty (30) minutes in any one (1) hour.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-312 Federal and State preempted activities.

Any other activity shall be exempt from the provisions of this chapter to the extent regulation thereof has been preempted by State or Federal laws.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-313 Special variances.

(a) The Planning Commission is authorized to grant variances for exceptions from any provision of this chapter, subject to limitations as to area, noise levels, time limits, and other terms and conditions as the Planning Commission determines are appropriate to protect the public health, safety, and welfare from the noise emanating therefrom. This section shall in no way affect the duty to obtain any permit or license required by law for such activities.

(b) Any person seeking a variance pursuant to this section shall file an application with the Planning Commission. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. The application shall be accompanied by a fee in the amount of Fifty and no/100ths ($50.00) Dollars. A separate application shall be filed for each noise source; provided, however, several mobile sources under common ownership, or several fixed sources on a single property, may be combined into one application. Notice of an application for a variance shall be published according to this Code. Any individual who claims to be adversely affected by the allowance of the variance may file a statement with the Planning Commission containing any information to support his claim. If at any time the Planning Commission finds that a sufficient controversy exists regarding an application, a public hearing will be held.

(c) In determining whether to grant or deny the application the Planning Commission shall balance the hardship of not granting the variance on the applicant, the community, and other persons against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit such information as the Planning Commission may reasonably require. In granting or denying an application, the Planning Commission shall keep on public file a copy of the decision and the reasons for denying or granting the variance.

(d) Variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.

(e) A variance shall not exceed 365 days after the date in which it was granted. Applications for the extension of the time limits specified in variances or for the modification of other substantial conditions shall be treated like applications for initial variances under subsection (b) of this section.

(f) The Planning Commission shall issue guidelines defining the procedures to be followed in applying for a variance and the criteria to be considered in deciding whether to grant a variance.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-314 Variance from time to comply.

On or before January 9, 1985, the owner of any commercial or industrial source of sound may apply to the Planning Commission for a variance in time to comply with the provisions of this chapter. The Planning Commission shall have the authority, consistent with this section, to grant a variance (not to exceed five (5) years form the effective date of this chapter). The same procedures and considerations by the Planning Commission as followed under Section 9-2-313 of this article shall likewise apply.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

9-2-315 Appeals.

Appeals of an adverse decision of the Planning Commission shall be made to the Council. Reviews by the Council shall be as specified in this Code.

(Ord. 914-CSA, Repealed and Replaced, 02/14/1997)

Article 4. Nonconforming Structures and Uses

9-2-401 Specific purposes.

This article limits the number and extent of nonconforming uses by limiting their enlargement, their re-establishment following abandonment, their alteration, their relocation, and their restoration. This article, while permitting the use and maintenance of nonconforming structures, limits their restoration, alteration, enlargement, or relocation upon the site in any manner that would increase the discrepancy between the standards contained in this article and the conditions existing on the subject property.

It is recognized that nonconforming uses and structures generally persist and their appearance gradually deteriorates when the standards for repair and improvement are too restrictive. It is the intent of this article to provide limited but reasonable opportunity for nonconforming uses and structures that are not a public nuisance to be repaired and improved if it is in the public interest. This article also provides for the removal of nonconforming uses and structures or change to conforming uses and structures when such uses and structures are a public nuisance.

(Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed and Replaced, 02/14/1997; Manual, Amended, 02/13/1997)

9-2-402 Nonconforming Uses.

(a) Defined. A non conforming use is a lawful use of land that does not comply with the current use regulations for its zoning district but which complied with the applicable regulations at the time the use was established. A nonconforming use includes those that operate without a structure.

(b) Regulations.

(1) When authorized by the Planning Commission as a conditional use in accordance with the provisions of Article 6 of Chapter 9-5 TMC, the substitution for nonconforming use of another nonconforming use of the same or more restrictive classification may be made. The new nonconforming use must have a similar or less severe impact on its surroundings in terms of noise, traffic, parking, hours of operation and visual incompatibility.

(2) The repair, maintenance, remodel, alteration, and replacement of a structure used for a nonconforming use (and/or site improvements) allowed so long as there is no increase in the operation or floor area devoted to the use, or change in the size or location of any structures. The structural and/or site improvements described above may be approved if it can be determined that they do not adversely affect neighboring properties, that they do not increase the degree of nonconformity, and are in the public interest.

(3) The expansion or enlargement of a structure used for a nonconforming use and/or site improvements that do not increase the existing level of nonconformity is continued as follows:

(i) Structural improvements that enlarge or expand an existing structure used for a nonconforming use and/or the expansion or enlargement of the site may be allowed in accordance with Article 5 of Chapter 9-5 TMC: Conditional Use Permits.

(ii) The enlargement or expansion shall not exceed fifty (50%) percent of the existing structure’s floor area and/or lot area.

(iii) The structural and/or site improvements described above may be approved if it can be determined they will not adversely affect neighboring properties, and are in the public interest.

(iv) The expansion or enlargement of nonconforming residences in nonresidential zoning districts shall comply with the development standards established for the applicable residential zoning district, not the zoning district in which it is located.

(1083-CS, Amended, 05/10/2007; Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-403 Nonconforming Structures.

(a) Defined. A nonconforming structure is any building or structure that does not comply with one or more of the regulation limitations on size, height, and location on a lot, or the applicable zoning district in which such building or structure is located. (Refer to Article 507 of Chapter 2 of Title 9: Nonconforming Signs).

(b) Regulations.

(1) The repair, maintenance, remodel, alteration, and replacement of a nonconforming structure where the level of nonconformity is maintained so long as there is no increase in the operation or floor area devoted to the use, or change in the size or location of any structures. The structure improvements described above may be approved if it can be determined they will not adversely affect neighboring properties, and are in the public interest.

(2) The expansion or enlargement of a nonconforming structure where the existing level of nonconformity is maintained is allowed as follows:

(i) Structural improvements that enlarge or expand an existing nonconforming structure may be allowed with a Conditional Use Permit in accordance with Article 6 of Chapter 9-5 TMC: Conditional Use Permits and Variances. The enlargement or expansion shall not create new nonconformities or increase the extent of existing nonconformities.

(ii) The enlargement or expansion shall not exceed fifty (50%) percent of the existing structure’s floor area within any five (5) year period.

(iii) The structural improvements described above may be approved if it can be determined that they do not adversely affect neighboring properties, are in the public interest, and are necessary to ensure visual compatibility with the existing structure.

(iv) The expansion or enlargement of nonconforming residences in nonresidential zoning districts shall comply with the developments standards established for the applicable residential zoning district, not the zoning district in which it is located.

(1083-CS, Amended, 05/10/2007; Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-404 Loss of Nonconforming Status.

A nonconforming use which ceases or a nonconforming structure that is unoccupied for a continuous period of twelve (12) months shall lose its legal nonconforming status. The premises on which the nonconforming use is located shall then be used for conforming uses and the nonconforming structure shall be removed or altered to conform unless a Conditional Use Permit is obtain in accordance with Article 6 of Chapter 9-5: Conditional Use Permits and Variances.

(Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-407 Discontinuance.

(a) Declaration of unlawful uses or structures. It is hereby declared that nonconforming uses of land or nonconforming structures within the City of Turlock as set forth in this section that are found to be a public nuisance are detrimental to the orderly development of the City and as detrimental to the health, safety, peace, comfort, and general welfare of persons and property within the City of Turlock. It is further declared to be the policy of the City that such nonconforming uses or structures shall be eliminated as rapidly as may be done without infringing upon the constitutional rights of the owners of such nonconforming property.

(b) Procedures to determine time for discontinuance. A nonconforming use or structure that is determined to be a public nuisance and a serious detriment to the health, safety, peace, comfort, and general welfare of persons and property within the surrounding area may be administratively ordered to discontinue upon determination by the Community Development Director, or designee. A nonconforming use or structure shall be discontinued within the following time frame:

(1) A nonconforming use which does not involve the use of a structure shall be discontinued in five (5) years.

(2) A nonconforming use which does involve the use of a structure shall be discontinued in ten (10) years.

(3) A nonconforming structure shall be abandoned or removed in ten (10) years.

(c) Appeals. Should an owner of property upon which a nonconforming use has been administratively ordered discontinued disagree with such order, such owner may appeal as provided in Title 1, Chapter 4 of the Turlock Municipal Code.

(Ord. 1008-CS, Amended, 07/10/2003; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-408 Replacement and repairs due to damage.

(a) If at any time any nonconforming residential building is damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, such building may be rebuilt within one (1) year to total floor area not exceeding that which such building originally contained and such building may continue as set forth in this article for nonconforming uses and buildings.

(b) Any nonconforming commercial or industrial building or structure damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God to such an extent that repairs or replacements are required, the cost of which exceeds sixty (60%) percent of its current appraised value for tax purposes at the time of damage, exclusive of the foundation, shall not be restored or reconstructed and used as before such happening. If such building is less than sixty (60%) percent damaged above the foundations, it may be restored, reconstructed, or used as before; provided, however, the restoration or reconstruction shall be substantially completed within one (1) year of such happening.

(Ord. 914-CS, Add, 08/24/1999; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-409 Repairs and maintenance.

Such repairs and maintenance work as required to keep a nonconforming building or structure in sound condition may be made; provided, however, no structural alterations shall be made except as are required by law or authorized by the Commission as a conditional use pursuant to the provisions of Article 6 of Chapter 9-5 of this title. Except as otherwise provided in this chapter, the total structural repairs and alterations which may be made to a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty (50%) percent of its then appraised value for tax purposes unless such building or structure is changed to a conforming use.

(Ord. 914-CS, Add, 08/24/1999; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

9-2-410 Exceptions to provisions.

The provisions of this article shall not require any change in the overall layout, plans, construction, size, or designated use of any development, building, or structure, or part thereof, where official approvals and required building permits have been granted before the effective date of this ordinance, or of any amendment to the provision of this chapter, the construction of which building, conforming with such plans, shall have been started prior to the effective date of this ordinance, and the completion thereof carried on in a normal manner within the subsequent six (6) month period and not discontinued until completion except for reasons beyond builder’s control.

(Ord. 914-CS, Add, 08/24/1999; Ord. 914-CS, Repealed and Replaced, 02/14/1997)

Article 5. Signs

9-2-501 Purpose.

The purpose of this chapter is to provide minimum standards to safeguard the life, health, property, and public welfare in keeping with the character of the City by regulating and controlling the size, height, structural design, quality of materials, construction, location, electrification, and maintenance of all signs and sign structures not located within a building (except temporary unlighted signs attached to or affixed upon windows) and to accomplish the following results:

(a) To promote and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs; and

(b) To protect and maintain healthy commercial centers and property values for the effective communication of the nature of goods and services and the avoidance of wasteful, ugly, and unsightly competition in signs; and

(c) To provide a reasonable and comprehensive system of controls of signs; and

(d) To encourage a desirable urban character, which has a minimum of overhead clutter; and

(e) To encourage signs which are well designed and pleasing in appearance and to provide incentive and latitude for variety, good design relationship, spacing, and location; and

(f) To attract and direct persons to various activities and enterprises in order to provide for the maximum public convenience; and

(g) To enhance the economic value of the community, and each area of it, through the regulation of the size, location, design, and illumination of signs.

9-2-502 Interpretation.

Whenever a reference in this chapter is made to “this chapter,” such reference shall refer to the requirements of the sign regulations. Any ambiguity with other sections of this Code will be resolved by the Planning Commission. The diagrams used in this chapter are for illustrative purposes only. All text shall take precedence over any illustrations in the event of a conflict. When a conflict with local, Federal, or State regulations occurs, the more restrictive regulations shall govern.

9-2-503 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Animated sign” shall mean a sign with motion, flashing lights, or changes in color or intensity utilizing electricity or other sources of energy. This definition shall not include a sign which tells only time and temperature in alternating sequences.

“Architectural projection” shall mean any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building and shall include mansard roofs.

“Banner, flag, pennant or balloon” shall mean any cloth, bunting, plastic, paper, lightweight fabric or similar material that is mounted to a pole or a building for commercial or advertising purposes. This definition shall include captive balloons and inflatable signs but shall not include national flags, state flags, municipal flags, the official flags of foreign nations, or the flags of nationally or internationally recognized organizations.

“Building facade - building wall” shall mean that portion of any exterior elevation of a building extending from grade to the top of the parapet wall, or eaves, parallel to the street and extending the entire width of the building.

“Building frontage” shall mean the length of the side of a building which faces directly upon a public street. For the purpose of this chapter, “faces directly upon a public street” shall mean the area formed by extending perpendicular lines to the street from the two (2) building sides. This definition does not include any portion of a building which intersects any portion of another structure fronting onto an adjacent street or any portion of another lot.

If a building is curved or triangular, the building frontage shall be the shortest distance between the points on the outside extremity of the building elevation measured parallel to the public street upon which the building fronts.

“Business identification sign” shall mean signage that is limited to the name of the tenant, type of business, and logo of the tenant or business where the logo does not contain product information.

“Changeable copy sign” shall mean a sign designed to allow the changing of copy through manual, mechanical, or electrical means. A sign on which the message changes more than eight times per day shall be considered an animated sign. This definition does not include a sign which displays only time and temperature in alternating sequences.

“Civic sign” shall mean a sign, other than a commercial sign, posted to advertise a civic event, public agency, school, church, civic-fraternal organization or similar noncommercial organization.

“Commercial speech” shall mean speech that proposes or invites a commercial transaction primarily aimed at the monetary gain or advertising interest of the advertiser or sponsor.

“Common signage program” shall mean a coordinated signage plan for a shopping center or group of individual businesses, whether or not located on a single lot. The common signage plan specifies standards for consistency among all signs on the properties governed by the plan.

“Detached sign.” See “Freestanding sign” in this section.

“Erect” shall mean to build, construct, attach, hang, place, suspend, paint, or affix but shall not include change of copy on a sign.

“Flashing sign.” See “Animated sign” in this section.

“Freestanding sign” shall mean a sign which is supported by one or more columns, uprights, or is braced in or upon the ground and is not attached to any building.

“Freeway” shall mean a highway to which the owners of abutting property have no right or easement of access to or from their property, and which is declared to be such in compliance with the California Streets and Highways Code.

“Historic sign” shall mean a sign which exceeds 30 years in age and exhibits historic, cultural or aesthetic qualities that embody or represent the character of the city.

“Identification sign” shall mean a sign identifying an apartment, residence, school, church, or other nonbusiness use or a use allowed on a lot in a residential zone.

“Illuminated sign” shall mean a sign which is made readable by a source of light, including internally and/or externally lighted signs, and reflectored, glowing, or radiating signs.

“Incidental sign” shall mean a sign that has a purpose secondary to the use of the property where it is located. Generally informational, these signs include posting of “no parking,” “entrance,” “loading only,” and other similar directives. No sign with a legible commercial message shall be considered incidental.

“Individual lettering” shall mean the integration of signage into a building wall or other architectural feature where the letters are not framed with a background or cabinet.

“Integral roof sign” shall mean any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design. No part of the sign shall extend vertically above the highest portion of the roof and no part of the sign shall be separated from the rest of the roof by a space of more than 6 inches.

“Logo” shall mean an established trademark or symbol identifying a product or use.

“Marquee” shall mean a permanent roofed structure attached to and supported by a building and may project over a public right-of-way.

“Marquee sign - canopy sign” shall mean a sign attached to or constructed on or under a marquee or a canopy.

“Master sign plan” shall mean a coordinated sign plan of one or more signs for an individual building or building complexes with multiple tenants. The plan provides an inventory of approved signage and information including the type, location, height, area and number of signs.

“Miscellaneous sign” shall mean any sign not defined in this section.

“Monument sign” shall mean an independent sign structure supported on a solid base pedestal which is fixed to the ground.

“Nonconforming sign” shall mean a sign which does not conform with the provisions of this chapter, but which:

(1) Was lawfully in existence and in use in the City on the effective date of this ordinance, including signs erected pursuant to variances granted by the City:

(2) Was lawfully in existence and in use on property outside the City on the effective date of annexation to the city, including signs erected pursuant to variances granted by the County; or

(3) Was lawfully in existence and in use in the City on the effective date of any amendment to this chapter that causes the sign to become nonconforming.

“Off-Premise signs” shall mean any sign that advertises goods, products, services or facilities not sold, produced, manufactured or furnished on the premises on which the sign is located. These signs are also known as outdoor advertising signs, billboards, poster panels and snipe signs.

“Permanent sign” shall mean every sign except temporary signs as defined in this section.

“Pole sign” shall mean a freestanding sign independently supported by one or more poles.

“Political sign” shall mean a temporary sign designed for the purpose of expressing support for, or opposition to, a political candidate, campaign issue, or proposition at a public election

“Portable sign” shall mean an advertising device which is located on the ground, is easily movable, not permanently attached thereto and which is usually two-sided. This definition includes “A” frame signs, swinger signs, sandwich signs, menu boards, and similar signs. This excludes such signs when attached to a vehicle or trailer.

“Projecting sign” shall mean a single- or multiple-faced sign which projects from a building wall farther or covers more space than a shingle sign, as defined in this section, and uses a building wall for support.

“Promotional sign” shall mean any sign erected on a temporary basis to promote or advertise the sale of new products, new management, new business, new hours of operation, a new service or to promote a special sale. Promotional signage also includes banners and portable signs.

“Revolving sign” shall mean a sign which rotates in either part of or a full circle.

“Refacing” shall mean the replacement of the display surface of an existing sign.

“Roof sign” shall mean any sign erected and constructed wholly on and over the roof of a building supported by the roof structure and extending vertically above the highest portion of the roof.

“Shingle sign” shall mean any non-internally illuminated sign which projects eighteen (18") inches or less from the front of the building where the advertised use is located and does not exceed three (3) square feet on each side.

“Shopping center identification sign” shall mean a freestanding sign used to identify a shopping center or group of businesses which function as an integral unit and does not reference or advertise any individual tenant.

“Sign” shall mean any visual device or representation designed and used for the purpose of communicating a message or identifying or attracting attention to a lot, product, service, person, or event. The term “sign” shall include, but is not limited to, banners, pennants, streamers, whirligigs, unusual paint, color, nonstructural displays, and architectural projections, and shall include displays of merchandise or objects indicative of goods or services available if such displays are primarily designed or used, or intended to be used, for sign purposes and located outside of the building.

“Sign face” shall mean the visible surface of a sign, excluding the essential structural elements which are not an integral part of the display. A sign consisting of one or more three (3) dimensional objects, such as balls, cubes, or clusters of objects, shall be deemed to have four (4) sign faces.

“Sign area (surface)” shall mean the number of square feet of the smallest rectangular figure within which a sign face can be enclosed.

“Sign design guidelines” shall mean the adopted principles and standards for the appearance of signs within the City of Turlock which have been incorporated into the City Design Guidelines Handbook.

“Snipe sign” shall mean signs of a temporary nature advertising a specific event or product and which are illegally posted to trees, posts, poles, stakes, fences or similar support structures.

“Temporary sign” shall mean any sign approved for a limited period of time.

“Time and temperature sign” shall mean a sign or the portion of any sign that displays the current time and temperature in alternating sequence.

“Wall sign” shall mean a single-faced sign which is affixed in any manner to or painted on any exterior wall of a building or structure.

“Window sign” shall mean any sign, picture, symbol, or combination thereof, that is placed inside or upon a window with the intent to communicate information about an activity, business, commodity, event, sale, or service.

(Ord. 983-CS, Amended, 07/11/2002)

9-2-504 Permits required.

Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, alter, reface, or relocate or cause to be erected, altered, refaced, or relocated, within the City any sign without first obtaining a permit to do so from the Community Development Director and paying the required fee. It shall be unlawful for any person to maintain, or cause to be maintained, any sign within the City for which a permit has not been obtained, unless otherwise exempted pursuant to this chapter.

(a) Applications. Applications for the permits required by this chapter shall be made to the Community Development Director on forms provided by the City, shall be accompanied by a permit fee, and shall comply with all submittal requirements for each individual permit type as outlined in Chapter 9-5 TMC.

(b) Master or common signage plan. No permit shall be issued for an individual sign requiring a permit unless and until a Master or Common Signage Plan for the lot on which the sign will be erected has been approved by the Community Development Director as conforming with this section. A Master or Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the city for the proposed development and shall be processed simultaneously with such other plan.

(1) Master signage plan. A Master Signage Plan shall be established for each property at the time an initial application for signage (See TMC 9-2-505 for application type) is submitted. For any lot on which the owner proposes to erect two (2) or more signs requiring a permit, unless such lot is included in a common signage plan, the owner shall submit the following information for evaluation to the Community Development Director:

(i) A completed plot plan of the lot accurately scaled.

(ii) Location of the buildings, parking lots, driveways, and landscaped areas on such lot.

(iii) Computation of the total sign area, the total area for each individual sign, the height of all signs and the number of each type of sign included in the plan.

(iv) An accurate indication on the plot plan of the proposed location for each present and proposed sign of any type.

(2) Common signage plan. An application for a Common Signage Plan may be submitted by the owner(s) of two (2) or more contiguous lots or a single lot with more than one (1) building. The application for a Common Signage Plan shall contain all of the information required for a Master Signage Plan and shall also specify standards for consistency among all signs on the lots affected by the plan with regard to:

(i) Color scheme;

(ii) Lettering or graphic style;

(iii) Location of each sign on each building;

(iv) Material; and

(v) Sign proportions.

For those lots included in a Common Signage Plan, a twenty-five (25%) percent increase in the maximum total sign area shall be allowed for each lot. This bonus shall be allocated within each zone lot as the owner(s) elects. The number of freestanding signs permitted under a Common Signage Plan shall be limited to a total of one (1) for each street on which the lots included in the plan have frontage and shall provide for shared or common usage of such signs.

(3) Binding effect. After approval of a Master or Common Signage Plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan. In case of any conflict between the provisions of such a plan and any other provisions of this title, the title shall prevail.

(4) Amendments to master or common signage plans. A Master or Common Signage Plan may be amended by filing a new Master or Common Signage Plan that conforms with all requirements of the title then in effect.

(c) Sign permit. An application for a sign permit shall be required for all signage determined as being required pursuant to TMC 9-2-505. Signage shall be consistent with the approved master or common signage program, where applicable. The Community Development Director shall check the application to assure compliance with all the provisions of this chapter and may issue the sign permit upon determining that the proposed signage either conforms with the standards of the master or common signage program or the standards and provisions of this chapter.

(d) Permits issued in error. If a sign permit is issued in error by the Community Development Director, and the sign does not comply with all of the requirements of this chapter and all other laws and ordinances of the City, the sign permit shall be null and void, and no rights or privileges shall be conferred upon the permittee by such permit.

(1083-CS, Amended, 05/10/2007)

9-2-505 Sign classifications.

Sign Classifications E-Exempt     SP-Sign Permit NP-Not Permitted     MAA-Minor Administrative Approval MDP-Minor Discretionary Permit     CUP-Conditional Use Permit NA-Not Applicable
Sign Type	Zoning District
	All-R	C-O	C-C	C-H	C-T	I	I-BP
Animated signs (11)	NP	NP	NP	NP	NP	NP	NP
Changeable copy sign	NP	NP	MDP	MDP	MDP	MDP	MDP
Civic signs	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Common sign program	NA	MDP	MDP	MDP	MDP	MDP	MDP
Flashing signs (11)	NP	NP	NP	NP	NP	NP	NP
For sale, rent or lease signs located on the available property (6), (8), (12)	E	E	E	E	E	E	E
Freestanding signs not projecting over public rights-of-way, which do not exceed 3 feet in height	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Freestanding signs not projecting over public rights-of-way, which exceed 3 feet in height	MDP	MDP	MDP	MDP	MDP	MDP	MDP
Freestanding signs which project over public rights-of-way, except as provided for in this chapter	NP	NP	NP	NP	NP	NP	NP
Historical signs	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Illuminated signs (1)	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Incidental signs	SP	SP	SP	SP	SP	SP	SP
Marquee signs – canopy signs	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Memorial signs or tablets which display names of buildings, and dates of erection	E	E	E	E	E	E	E
Miscellaneous signs	CUP	MDP	MDP	MDP	MDP	MDP	MDP
No trespassing signs (2)	E	E	E	E	E	E	E
Off-premises signs	NP	NP	NP	NP	NP	NP	NP
Official Federal, State, or municipal governmental flags, emblems, and historical markers	E	E	E	E	E	E	E
Official Federal, State, or municipal governmental traffic, directional, and informational signs	E	E	E	E	E	E	E
Political signs (3)	E	E	E	E	E	E	E
Portable signs	NP	MDP	MAA	MAA	MAA	MAA	MAA
Projecting signs (4)	NP	MAA	MAA	MAA	MAA	MAA	MAA
Professional occupation signs (5)	E	E	E	E	E	E	E
Reface of an existing conforming sign	SP	SP	SP	SP	SP	SP	SP
Replacement, relocation, or other modification of an existing conforming sign	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Revolving signs	NP	NP	NP	NP	NP	NP	NP
Roof signs	NP	NP	NP	NP	NP	NP	NP
Shingle signs	MAA	SP	SP	SP	SP	SP	SP
Signs or sign programs which do not conform to the area, location, height, or other provisions set forth in this chapter	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Subdivision signs: off-premises (6)	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Temporary construction signs (6)	E	E	E	E	E	E	E
Temporary holiday decorations	E	E	E	E	E	E	E
Temporary non-commercial speech signs on private property (7)	E	E	E	E	E	E	E
Temporary promotional signs (11)	NP	SP	SP	SP	SP	SP	SP
Temporary warning signs (9)	E	E	E	E	E	E	E
Time and temperature signs	NP	NP	MDP	MDP	MDP	MDP	MDP
Traffic or municipal signs, legal notices, railroad crossing signs, public telephone signs, signs marking underground utility facilities, and other safety signs	E	E	E	E	E	E	E
Wall signs (including integral roof signs) (10)	MAA	MAA	MAA	MAA	MAA	MAA	MAA
Window signs	E	E	E	E	E	E	E

(1) Internally illuminated signs located within a residential district or within one hundred fifty (150') feet of the boundary of a residential district shall not be permitted, except when the sign is composed of translucent individual copy letters with an opaque background. The measurement shall be taken from the location of the sign to the nearest residential zoning district, not from the property line of the site where the sign is located. (Director’s Interpretation 2001-01)

(2) “No trespassing” signs shall be no larger than three (3) square feet in size and placed in compliance with the requirements of State laws.

(3) Political signs must comply with the height, location, and safety requirements of this chapter and Code. To be exempt political signs shall not be displayed on traffic or street signs, utility poles, public property, parks, or rights-of-way or on private property without the owners’ permission and shall be removed within five (5) days after the election. Signs placed in violation of the provisions of this subsection may be removed without notice.

(4) Projecting signs shall not exceed the height of the wall, parapet wall, or architectural projection; provided, however, the maximum height shall not exceed the limits imposed for the district in which the sign is located.

(5) A sign shall be designated as professional occupational when denoting only the name and profession of an occupant in a commercial building or public institutional building. The area of a professional occupational sign shall not exceed three (3) square feet for each occupant therein. In residential districts, signs denoting the resident of a dwelling shall not exceed one (1) square foot of sign area.

(6) Not to exceed thirty-two (32) square feet for the indication of the owner, builder, architect, sale or lease, and pertinent data regarding building construction on the site during construction only. Separate signs advertising two (2) or more separate subdivisions may be co-located upon a single directory-type sign; in such instances, the overall sign area shall be limited to fifty (50) square feet per side, not to exceed one hundred (100) square feet in total sign area. In no case shall there be more than one (1) off-premises sales sign of any type per lot frontage. No sign shall exceed an overall height of twelve (12) feet in any district.

(7) Such signs shall be displayed for a period not to exceed twenty (20) days. Only one (1) such sign shall be permitted to face onto each street adjacent to the property where the sign is located. Such signs may be single- or double-faced and shall be limited to six (6) square feet per face or less, and shall comply with the height, location, and safety requirements of this chapter and Code.

(8) Such signs may be single- or double-faced and shall be limited to six (6) square feet per face or less on property in residential districts.

(9) Includes signs warning of construction, excavations, or similar hazards so long as the hazard exists, which does not exceed twelve (12) square feet per sign face.

(10) Wall signs shall not exceed the outside wall height of the building. The maximum height shall not exceed the limits imposed for the district in which the sign is located.

(11) Banners, pennants, flags, sno-cones, buntings and the like for new or used retail vehicle sales may be allowed in proportion to the size of the site subject to an annual sign permit review by the Planning Division. The locations of such devices shall be limited to light poles or similar anywhere on the site, except where it may constitute a vision or public safety hazard. The devices shall be maintained in a clean, neat and untattered condition with replacement as necessary to ensure they do not become dirty, loose or tattered. Non-metallic helium balloons and other inflatables may be displayed on weekends (Friday 12:00 noon through Sunday 12:00 midnight), provided they do not exceed fifty (50') feet in height or project over the public right-of-way.

(12) For sale, rent or lease signs that are thirty-two (32) square feet or less in size are Exempt; those from thirty-three (33) to one hundred (100) square feet require a Minor Discretionary Permit; and those larger than one hundred (100) square feet require a Conditional Use Permit. (Director’s Interpretation 99-03)

(1083-CS, Amended, 05/10/2007; Ord. 983-CS, Amended, 07/11/2002; Ord. 939-CS, Amended, 10/22/1998; Ord. 938-CS, Amended, 09/24/1998; Ord. 914-CS, Repealed & Replaced, 02/14/1997)

9-2-506 Sign standards.

Sign Characteristics
Characteristic	Zoning District
	All-R	C-O	C-C	C-H	C-T	I	I-BP
Maximum sign area (square feet) (1)	12(2)	0.5:1	1:1	1:1	1:1	1:1	1:1
Sign area for signs composed solely of individual lettering	12(2)	0.75:1	1.25:1	1.25:1	1.25:1	1.25:1	1.25:1
Overall sign height (feet)	6	12	20	20	20	20	12

(1) Ratios are based on the number of square feet of sign area per lineal foot of building frontage.

(2) For multi-family dwellings containing five (5) to twenty-nine (29) units, the maximum area is twenty-five (25) square feet. For multi-family dwellings containing thirty (30) or more units, the maximum area is thirty (30) square feet per street frontage with a maximum of two (2) signs.

(a) Sign height. Sign height shall be measured from the curb or center line of the adjacent street to the highest point of the sign structure.

(b) Sign area. The sign area consists of the entire face of a sign, including the surface and any framing, projections, or molding, but not including the support structure. Individual lettering mounted on a building or structure shall be determined by the smallest rectangle enclosing the sign copy.

Sign Area = X * Y

Sign Copy = (A * B) + (C * D)

(c) Multiple signs. Except as otherwise provided in this chapter, when more than one sign is located on property, the area of all signs, except temporary signs, shall be included in determining the total sign area allowed for the property on which such signs are located.

(d) Double-faced signs. When a sign has two (2) or more faces, the area of all faces shall be included in determining the area of a sign. Both faces shall be parallel, and the distance between faces shall not exceed two (2') feet. Both faces of a double-faced sign shall be considered in determining the sign area.

(e) Three-dimensional objects. When a sign consists of three-dimensional objects which do not exceed two (2') feet in diameter, depth, or dimension, the area of only one face shall be considered in determining the sign area. If the diameter, depth, or dimension exceeds two (2') feet, the area of all faces shall be included in determining the area of the sign.

(f) Single sign. No single sign shall exceed three hundred (300) square feet in area, nor shall there be in excess of three hundred (300) square feet of sign area on any lot, except as provided for in this chapter.

(g) Freestanding sign. A freestanding sign, which is limited to business identification only, may be allowed provided it does not exceed a total sign area of one hundred (100) square feet, and does not exceed fifty (50) square feet on any side, and does not exceed the sign height restrictions for the district or exceed other provisions of this chapter. Freestanding signs which exceed these standards may be allowed subject to the requirement of first obtaining a conditional use permit pursuant to Article 6 of Chapter 9-5.

(h) Exceptions. Exceptions to the sign area regulations set forth in this article may be permitted if the sign is a part of an overall sign program, subject to the requirement of first obtaining a conditional use permit pursuant to Article 6 of Chapter 9-5 of this title.

(i) Prohibited signs.

(1) Obscene matter. It shall be unlawful for any person to display or post any sign which communicates obscene, indecent, or immoral matter.

(2) Signs advertising “adult entertainment.” No sign advertising “adult entertainment” (as defined in the Turlock Municipal Code) shall be allowed within five hundred (500') feet of any school facility.

(3) Snipe signs. Temporary signs posted to posts, trees, utility poles, fences or similar support structures for the purpose of advertising an event or product not located on the property shall be prohibited. Any sign posted illegally as such may be removed without notice by the Neighborhood Preservation Officer or Community Development Director.

(j) Sign locations.

(1) Location required by Codes. The location of each sign shall be in compliance with the Building, Electrical, Sign, and Fire Codes and the zoning regulations and other laws of the City and State as they now exist or may hereafter exist.

(2) Signs over public rights-of-way. Signs shall not extend over public rights-of-way or over areas within official plan lines for streets which have been adopted or which hereafter may be adopted, except in the Commercial District. In a Commercial District, signs may be permitted to extend over a street or other public right-of-way subject to the following:

(i) The sign may extend over the street or right-of-way two-thirds (2/3) the distance from the property line to the curb face, or six and one-half (6-1/2') feet, whichever is less.

(ii) Signs which project into a street or public right-of-way more than (2") inches shall have a minimum clearance of eight (8') feet above the public right-of-way.

(iii) Every sign which projects into a street or right-of-way more than one foot shall be multi-faced and fully enclosed.

(3) Signs on public property. Any sign erected or placed upon public property in violation of the provisions of this chapter may be summarily removed or destroyed by the Community Development Director.

(4) Freeway-oriented signs. Freeway-oriented signs to advertise a commercial business located on properties within 750 feet of a freeway may be permitted subject to obtaining an approved Minor Discretionary Permit in accordance with Section 9-5-307 et.seq. The maximum height for freeway signs is subject to the standards for the district it is located in, but may be measured from the center line of the overpass. The maximum sign area permitted for an individually-mounted pole sign with freeway orientation is one hundred (100) square feet. If a freeway-oriented sign is not mounted individually on a pole, the maximum sign area allowed is three hundred (300) square feet.

(5) Overlay Districts. All signage located within an established overlay district shall comply with the requirements established for such district.

(6) Prohibited locations. No sign shall be erected or maintained in the following locations:

(i) At the intersection of any streets or driveway approach in such a manner as to obstruct the free and clear vision of pedestrians or vehicular traffic; or

(ii) At any location where, by reason of the position, shape, color, words, phrases, symbols, or for any other reason, the sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.

(k) Temporary signs. Temporary signs may be erected any place a permanent sign may be located and at locations approved by the Community Development Director. All temporary signs shall comply with the height, location, and area requirements of this chapter. Temporary signs may be permitted subject to first obtaining a sign permit and complying with the following conditions:

(1) A sign permit shall have been obtained from the Community Development Director who, prior to the issuance of such permit, shall have determined that the proposed location, method of installation, and support of the temporary sign will not endanger the public health, welfare, or safety.

(2) A temporary sign to advertise a commercial business or activity shall be allowed on any commercially zoned property not to exceed a total of sixty (60) days in one calendar year.

(3) Banners or similar temporary signs which announce a civic or charitable activity may be allowed in the public right-of-way with the consent and subject to the conditions of the Community Development Director.

(4) A temporary sign advertising a religious, charitable, cultural, or educational organization or activity in a residential district shall be allowed provided:

(i) The total display service area of the sign does not exceed thirty-six (36) square feet;

(ii) The sign does not exceed six (6') feet in height; and

(iii) The sign is located at least five (5') feet inside the property line in residentially zoned areas and at least two (2') feet inside the property line in other areas.

(l) Portable signs. One portable frame sign constructed of permanent materials may be allowed for each business location under the following conditions:

(1) The business is not part of a shopping center complex, multi-unit commercial development, or office complex, consisting of two or more units.

(2) The sign does not exceed two (2') feet in width by four (4') feet in height.

(3) The sign is permitted as part of the Master Signage Plan for the location.

(4) The sign is not located in the public right-of-way, or the clear vision triangle near a driveway or road intersection as determined in Section 9-2-216.

(m) Promotional signage. Each commercial business shall be allowed exterior promotional displays (including banners) equal to a maximum of 10 percent of the otherwise allowable sign area for the location when:

(1) Placed in a location where approved as part of a Master Signage Plan for the property.

(2) No more than one such display is used.

(3) They are displayed no more than 14 days in a row and 60 days in a calendar year.

(n) Incidental signs. Incidental signs are limited to a maximum of one sign per entrance to the property with no more than two permitted per business.

(o) Design, construction and maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:

(1) All signs shall comply with applicable provisions of the Uniform Building Code and the electrical code of the City at all times;

(2) Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this ordinance, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, building or other structure by direct attachment to a rigid wall, frame or structure.

(3) All signs, parts, portions, units, and materials composing the sign, together with the frame, background, supports, or anchorage, shall be maintained in proper repair by the owner of the sign and/or the owner of the property on which the sign is located.

(4) All signs erected in the City shall be subject to inspection by the Community Development Director to assure compliance with all the provisions of this chapter and all other laws and ordinance of the City. Signs incorporating electrical wiring shall be inspected and approved by the Chief Building Official prior to erection, unless such sign bears the seal of approval of the National Board of Fire Underwriters.

(1083-CS, Amended, 05/10/2007; Ord. 958-CS, Amended, 10/12/2000)

9-2-507 Nonconforming signage.

A nonconforming sign shall not be replaced, refaced, altered, reconstructed, relocated, or expanded in any manner unless and until the sign is made to conform with the provisions of this chapter. Ordinary maintenance and minor repairs which will not increase the normal life of the sign and which are required for safety purposes will be permitted. Structural alterations to a nonconforming sign shall be prohibited, except to make such sign conforming.

(a) Conformance. No nonconforming sign shall be required to conform with the provisions of this chapter, except on the occurrence of any of the following events:

(1) Discontinuance of use. If the use of a nonconforming sign for the business advertised by a nonconforming sign is discontinued for a period of three (3) months or longer, such sign shall not thereafter be used unless and until the sign is made to conform to this chapter; or

(2) New construction or change in use. The occurrence of any of the events specified in TMC 7-2-202 requiring public improvements and dedications pursuant to said section.

(1083-CS, Amended, 05/10/2007)

9-2-508 Unsafe and unlawful signs.

If the Community Development Director shall find that any sign regulated by this chapter is unsafe or insecure, or is a menace to the public, or is in a dilapidated, decayed, or neglected state, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, the Planning Director shall give written notice to the permittee or owner thereof and/or the owner of the property upon which the sign is located. If the permittee or owner and/or owner of the property on which the sign is located fails to remove or alter the structure so as to comply with the standards set forth in this chapter within (10) days after such notice, such sign may be removed or altered to comply by the Community Development Director, and any expense incidental thereto shall be paid by the permittee or owner of the sign and/or owner of the property on which the sign is located.

(a) Immediate peril. Any sign found to be unsafe and to be an immediate peril to persons or property may be removed summarily and without notice by the Community Development Director. The cost of such removal shall be paid by the permittee and/or sign owner and/or assessed against the owner of the property on which the sign is located and made a lien on such property.

9-2-509 Compliance with chapter provisions: Nuisances: Abatement.

The Council hereby determines that the public peace, safety, morals, health, and welfare require that all signs heretofore constructed or erected in violation of any law or ordinance of the City in effect at the time such sign was constructed or erected be and they are hereby made subject to the provisions of this chapter, and shall conform and comply with such requirements forthwith, and that all signs which shall hereafter be constructed or erected in violation of the provisions of this chapter shall be and they are hereby declared public nuisances to be removed and abated in the manner provided in this chapter.

9-2-510 Noncompliance.

Noncompliance with the provisions of this ordinance shall be defined as the following:

(a) Failure to obtain the necessary permits or other approvals as set forth in this chapter and title;

(b) Exempt signs displayed, created, or sized, incorrectly;

(c) Any sign constructed or erected in violation of the provisions of this chapter and title, and the other provisions of this Code as may be applicable.

9-2-511 Removal, Costs, and Enforcement.

It shall be the duty of the Neighborhood Preservation Officer, the Chief of Police, and the Community Development Director to enforce the provisions of this chapter. Any violation of this chapter shall be deemed a nuisance and enforcement proceedings shall be pursuant to Article 3 of Chapter 5-5: Nuisance Abatement Procedures.

9-2-512 Appeals by persons aggrieved.

Any person aggrieved by any decision or order of the Community Development Director pursuant to this chapter may appeal such decision or order to the Planning Commission in the manner set forth in Sections 1-4-01 through 1-4-03 of Chapter 4 of Title 1. The Planning Commission shall render its decision within 30 days. Appeals of Commission decisions may be made as set forth in Article 1 of Chapter 9-5 of this title.

Article 6. Wireless Communication Facilities

9-2-601 Purpose.

With the rapid growth of the telecommunications industry and subsequent development of wireless communication facilities, the purpose of this article is to:

(a) Provide the regulatory mechanism that accommodates the installation and development of wireless communication facilities, whose services benefit the residents of Turlock.

(b) Define the development standards for the placement and construction of wireless communication facilities consistent with the Federal Telecommunications Act of 1996.

(c) Minimize the proliferation of these facilities by encouraging co-location.

(d) Minimize the visual impacts these facilities can create in the community by promoting well-designed, inconspicuous, and appropriately placed facilities.

(Ord. 979-CS, Amended, 05/23/2002)

9-2-602 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.

(1) Building mounted. An antenna which is affixed to or supported by the roof or exterior wall of a building or other structure.

(2) Ground mounted. An antenna which is fully or partially supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.

(b) Co-location. The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this article, co-location shall also include the location of wireless communication facilities with other facilities such as light standards, and other utility facilities and structures.

(c) Communication tower. Any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

(d) Electromagnetic radio frequency waves. Waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information.

(e) Stealth facility. Any communication facility which is designed to blend into the surrounding environment, and is visually unobtrusive Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with an existing building, facilities designed to mimic trees (palms, pines, and the like), flag poles, church steeples, signs, and other similar structures.

(f) Wireless communication facility. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

(Ord. 979-CS, Amended, 05/23/2002)

9-2-603 Compliance with applicable codes.

Every wireless communication facility constructed within the City of Turlock shall comply with all safety standards of the American National Standards Institute, Institute of Electrical and Electronic Engineers, Public Utilities Commission, Federal Communications Commission, Uniform Building Code, National Electric Code, the Turlock Municipal Code and any other codes and standards as applicable.

9-2-604 Permits required.

All wireless communication facilities shall be subject to the following permitting:

(a) Exempt. New wireless communication facilities which will be co-locating on or within an existing approved tower or facility shall be exempt. New facilities must incorporate the same stealthing technique as utilized on the existing wireless communication facility.

(b) Minor Discretionary Permit. The following facilities require a Minor Discretionary Permit:

(1) All building mounted facilities, located in Industrial or Heavy Commercial zoning districts (including Planned Developments of an industrial or heavy commercial nature), which comply with the regulations contained in this article including, but not limited to height, location and screening.

(2) All ground mounted facilities located in an Industrial zoning district (including Planned Developments of an industrial nature), which are located at least 500 feet from a residential zoning district or the boundary of the Beautification Master Plan Area and comply with the height, location, and screening requirements contained within this article.

An application for a Minor Discretionary Permit for a wireless communication facility may be granted as provided in Article 3 of Chapter 5 of Title 9 of this Code (9-5-300), and if it is found that all of the following additional findings can be made:

(i) The design and placement of the wireless communication facility, including support equipment and structures, will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood.

(ii) The applicant has demonstrated that the wireless communication facility will have the least possible visual impact on the environment taking into account technical, engineering, economic and other relevant factors.

(iii) The wireless communication facility complies with the height, screening, and visual compatibility requirements contained within this article.

(c) Conditional Use Permit. The facilities that require a conditional use permit include:

(1) All ground mounted facilities that are not co-located with other similar existing facilities, located in Industrial zoning districts, or within 500 feet of the Beautification Master Plan area.

(2) All facilities that do not comply with the height, location, or visual compatibility and screening requirements within this article, but comply with at least two of the required standards contained within this article.

(3) Facilities in Residential zoning districts. Only facilities which are building mounted, entirely stealthed, or totally enclosed within a building shall be permitted in any residential district. Building mounted facilities in a residential district shall be located or screened so as to prevent any public view or architecturally designed to appear as an integral part of the building on which it is attached. Only residentially zoned properties one (1) acre in size, or larger, shall be considered for freestanding wireless communication facilities, unless the applicant can substantiate that the facility is designed to minimum visual impact to neighboring properties.

(4) For those facilities where it is determined the project may create a significant impact to the neighborhood.

(5) An application for a conditional use permit for a wireless communication facility may be granted as provided in Article 6 of this title (9-2-600), and if it is found that the following additional findings can be made:

(i) The design and placement of the wireless communication facility, including support equipment and structures, will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area of neighborhood.

(ii) The applicant has demonstrated that the wireless communication facility will have the least possible visual impact on the environment taking into account technical, engineering, economic and other relevant factors.

(iii) The approval of the proposed wireless communication facility will not affect the purposes of this article as defined in Section 1 of Article 6 of this Chapter (9-2-601).

(iv) The proposed wireless communication facility conforms to the greatest extent possible with the provisions of this article.

(Ord. 979-CS, Amended, 05/23/2002)

9-2-605 Application requirements.

Prior to application submittal, applicants shall meet with Planning staff concerning the proposed project to review potential sites based upon the applicant’s geographic service area and to determine the appropriate review process based upon the location and type of proposed facility.

(a) Additional materials required. In addition to the other information and materials required as part of a Minor Discretionary Permit or Conditional Use Permit application, any application for a Wireless Communication Facility shall also provide the following:

(1) Base Map. The map must show parcel boundaries with the subject property highlighted and all zoning districts within 500 feet of the subject property clearly noted.

(2) Master Propagation Plan. The Master Propagation Plan shall include a narrative, in lay terms, and graphic representation showing the location and type of all existing facilities, plus the applicant’s proposed facilities during the next twelve (12) calendar months, within the boundaries of the City and the surrounding one-half (1/2) mile thereof.

(3) Site Justification Study. All applicants shall complete a site justification study, and include the following information:

(i) Rationale. Site location; site description; top three alternate locations; radio frequency cluster map and search ring for proposed site; reasons for choosing final location; how site design minimizes impact on surrounding land uses; site demand (capacity/coverage);

(ii) Co-location. Is site suitable for future co-location and why or why not; could site be collocated at existing nearby site and why or why not.

(iii) Height. Using non-technical language, describe the reasoning for the requested height of the proposed facility.

(iv) Equipment. Describe the potential to place all support equipment underground.

(v) Use of site. Provide a statement of intent on whether there will be any excess space available and if it may be leased.

(vi) Contact person. If the applicant’s representative is not the contact person, an individual or individuals who are available to meet with or respond to questions and concerns from residents, business or property owners regarding the proposed facility.

(Ord. 979-CS, Added, 05/23/2002, Prior Section 9-2-605 renumbered to 9-2-606)

9-2-606 Height.

All wireless communication equipment, antennas, poles, or towers shall be constructed at the minimal functional height. Building mounted facilities shall not exceed fifteen (15') feet in height greater than the maximum height permitted for the district in which it is located. Height limits for all ground mounted facilities shall be subject to the following standards:

Maximum Height for Ground Mounted Facilities
Distance from a Residential District*	Maximum Height
Between 0-25 feet	1 foot per 1 foot of distance from a residential district
Between 25-50 feet	25 feet
Between 50-150 feet	35 feet
Greater than 150 feet	50 feet

* distance is measured from the proposed facility to the nearest R district boundary.

(Ord. 979-CS, Renumbered, 05/23/2002, 9-2-605 renumbered to 9-2-606; prior 9-2-606 renumbered to 9-2-607)

9-2-607 Location.

(a) New wireless communication facilities shall be co-located with other existing or planned facilities where feasible or where found to minimize visual impact.

(b) No facility that is readily visible from off-site shall be installed closer than any other facility that is readily visible, unless it utilizes stealth technology in its design.

(c)  At a minimum, all new facilities shall comply with the following setback requirements: For every one (1) foot in height of the proposed facility, the facility shall be setback one (1) foot from any street frontage.

(Ord. 979-CS, Amended, 05/23/2002, 9-2-606 renumbered to 9-2-607; prior 9-2-607 renumbered to 9-2-608)

9-2-608 Residential Districts.

Only those facilities which are building mounted, entirely stealthed, or totally enclosed within a building shall be permitted in any residential district.

(Ord. 979-CS, Amended, 05/23/2002, 9-2-607 renumbered to 9-2-608; prior 9-2-608 renumbered to 9-2-609)

9-2-609 Visual compatibility and screening.

(a) All wireless communication facilities shall be screened or camouflaged so as to not be readily visible from off-site Existing site features shall be used to screen the facility, including equipment panels or structures, where possible. Such screening shall include dense evergreen landscaping, solid fencing, or a combination of both.

(b) All towers, antennae, equipment structures or panels must be architecturally and visually compatible with surrounding buildings, structures, vegetation and/or uses in the area.

(c) All antennas, towers or related equipment shall be coated with a non-reflective finish or paint consistent with the background area where the facility is to be placed.

(d) Building-mounted antennas and all other equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.

(Ord. 979-CS, Amended, 05/23/2002, 9-2-608 renumbered to 9-2-609; prior 9-2-609 renumbered to 9-2-610)

9-2-610 Discontinuance of use.

The service provider of a wireless communication facility shall notify the City of the intent to discontinue operation no less than thirty (30) days before discontinuance. Upon the discontinuance of use, all related equipment shall be removed and the property restored to the pre--construction condition within ninety (90) days of the cessation of operation.

(Ord. 979-CS, Added, 05/23/2002, 9-2-609 renumbered to 9-2-610)