Chapter 9-1
GENERAL PROVISIONS
Sections:
Article 1. Establishment of General Provisions
9-1-104 Applicability to private and public property.
9-1-106 Rules for interpretation of language.
9-1-107 Applicability and effect of prior permits.
9-1-108 Conflict with other regulations.
9-1-109 Relation to private agreements or restrictions.
9-1-110 Applicability of land use and development regulations.
9-1-111 Rules for interpretation.
9-1-112 Application of zoning regulations during local emergency.
Article 2. Establishment of Definitions
9-1-201 Semantic rules of construction.
Article 1. Establishment of General Provisions
9-1-101 Title of provisions.
This chapter of the Turlock Municipal Code may be known and cited as the “Turlock zoning regulations” or “zoning regulations.”
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-102 Adoption.
There is hereby adopted, as provided herein, zoning regulations for the City. The regulations are intended to be a precise and detailed plan for the use of land based on the General Plan of the City and to be consistent with the General Plan of the City.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-103 Purpose.
The purpose of the zoning regulations is to promote the public health, safety, comfort, convenience, and general welfare of the people of Turlock. Specifically, these zoning regulations intend to achieve the following purposes:
(a) To implement the policies of the Turlock General Plan;
(b) To advance Turlock’s position as a regional center of commerce, industry, and housing;
(c) To promote and provide for the orderly growth and productivity of Turlock’s economy;
(d) To protect agricultural, residential, commercial, industrial, public, and institutional areas and environmentally sensitive areas from the intrusion of incompatible land uses;
(e) To provide for desirable, appropriately located living areas in a variety of dwelling types and at a wide range of population densities, with adequate provisions for sunlight, fresh air, privacy, usable open space, and safety;
(f) To encourage the provision of affordable housing, particularly to lower income households;
(g) To achieve excellence in site and building design in all future and existing developments;
(h) To provide adequate off-street parking and loading facilities, and to promote a safe, effective traffic circulation system;
(i) To ensure that service demands of new development do not exceed the capacities of existing streets, utilities, or public services;
(j) To assure equality among individuals in the use and enjoyment of their property;
(k) To guide and encourage the renewal of areas experiencing blight, deterioration, and obsolescence, while protecting and preserving Turlock’s cultural heritage;
(l) To stabilize expectations regarding development entitlements and uses, thereby providing a basis for rational private and public land use decisions;
(m) To minimize the process necessary to obtain rights to develop and use property;
(n) To provide opportunities for businesses to be located for efficient operation in a mutually beneficial relationship to each other and to shared services;
(o) To prevent any substantial risk to public health, safety, and welfare from the use of a land or location of a building, or to be a nuisance to or adversely affect adjacent properties or uses.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-104 Applicability to private and public property.
Zoning regulations shall apply to all land within the City of Turlock, including land owned by the City of Turlock and other local, State, or Federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-105 Minimum requirements.
The zoning regulations shall be deemed the minimum requirements to promote and preserve the public health, safety, and general welfare of the people, unless otherwise noted.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-106 Rules for interpretation of language.
The following rules of construction shall apply:
(a) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(1) “And” indicates that all connected words or provisions shall apply.
(2) “Or” indicates that the connected words or provisions may apply singularly or in any combination.
(3) “Either...or” indicates that the connected words or provisions shall apply singly but not in combination.
(4) “Shall,” “must,” and “will” signify requirements to be met without exception under all relevant circumstances.
(5) “Should” signifies the City’s desire and expectation that the principle will be met in most cases, but recognizes that some circumstances may make implementation impossible or unwise. The applicant may be required to demonstrate to the City the reason for not implementing principles with this wording.
(6) “May” signifies that the principle establishes guidance for actions that are at the discretion of the applicant or public agency.
(b) In case of conflict between the text and a diagram, the text shall control.
(c) All references to departments, commissions, boards, or other public agencies are to those of the City of Turlock, unless otherwise indicated.
(d) All references to public officials are to those of the City of Turlock and include designated deputies of such officials, unless otherwise indicated.
(e) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend, a holiday, or some other day when the Turlock City Hall is not open for normal business, it shall be extended to the next full working day.
(f) Article, division, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section hereof.
(g) The words “activities” and “facilities” include any part thereof.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-107 Applicability and effect of prior permits.
(a) The provisions of this title shall apply to the erection or alteration of any building or structure, or to the use of any parcel of land, as of the effective date of the ordinance codified in this title and any subsequently adopted ordinance amending this title, unless a building permit has been lawfully issued by the City for the construction of a project. In that case, the project may be completed under the provisions of this title as they existed at the time of issuance of the building permit; provided, that construction under the permit commences within the time frame(s) specified in TMC 9-5-106 and the permit remains effective and valid under the terms of issuance. For the purpose of this subsection, a foundation permit shall be treated as equivalent to a building permit but a grading, demolition, electrical, mechanical, or plumbing permit shall not be considered or treated as a building permit.
(b) No official or employee of the City authorized to issue permits or licenses shall issue such permits or licenses which are not in conformity with the provisions of this title where such conformity is required by law. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
(c) Whenever any building or sign permit, conditional use permit, variance, minor administrative permit, minor discretionary permit, or other such permit approval has been issued prior to the effective date of the zoning regulations or any amendment thereto and the uses or improvements for which the permit was issued would not conform to the regulations or amendments, the uses or improvements may, nevertheless, be utilized or developed to the extent authorized by the issued permit, provided the permit has not expired under the terms of its issuance. The uses and improvements shall be deemed legally nonconforming and shall be subject to the provisions of Article 3 of Chapter 9-2 TMC governing nonconformities.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-108 Conflict with other regulations.
Where conflict occurs between the provisions of this title and any other City codes, ordinances, resolutions, guidelines, or regulations, the more restrictive provision shall apply unless otherwise specified.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-109 Relation to private agreements or restrictions.
This chapter shall not be construed to imply that the City enforces, regulates, interferes with, or annuls any easement, covenant, deed restriction, or other agreement between parties except in those instances where the City is a party to the agreement.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-110 Applicability of land use and development regulations.
(a) Zoning designation system. The districts set forth in this title and the boundaries of such districts are shown upon the map adopted by the Council, such map being designated as the “zoning map.” Such map is made a part of this title by reference as if the information set forth thereon were fully described in this title. The Council may from time to time republish all or any part of the zoning map to incorporate amendments thereto. Land use and development regulations applicable to specific sites, shown on the zoning map by zoning designation, shall consist of classes of letters and/or numerical designators as follows:
(1) A base land use designator indicating the principal land uses permitted or conditionally permitted in each district shall be a component of all zoning designations. In mixed use districts where a conflict arises between standards of more than one district, the Development Services Director shall determine which standards apply.
(2) Overlay district designators shall be included in a zoning designation if the provisions of one (1) or more overlay districts are applicable to a site. When a conflict arises between overlay district standards and base district standards, the overlay district standards shall apply.
(b) Establishment of land use development standards. The zoning regulations shall set forth development standards for each zone district including, but not limited to, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the external appearance of certain uses and structures, the areas and dimensions of sites, and requiring the provisions of off-street parking, off-street loading facilities, and landscaping.
(c) Use of property and land in established districts. Except as otherwise provided in this chapter:
(1) Land, structures, and premises in any district shall be used only for the purposes set forth as permitted in that district, in accordance with the regulations established by the provisions of this title for that district, and in accordance with the conditions and requirements which may have been established for that district in connection with the authorization of any variance or the granting of any permit.
(2) No structure shall be erected, reconstructed, relocated, or structurally altered to have a greater height, bulk, or a higher proportion of parcel coverage than is permissible under the limitations set for the district in which the building is located. If the building is already greater than the maximum permitted, it shall not be further increased.
(3) Open space, off-street parking space, or loading space shall be provided in accordance with the regulations, conditions, and requirements established for that district.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-111 Rules for interpretation.
(a) Zoning regulations. Where uncertainty exists regarding the interpretation of any provisions of this title or its application to a specific site, the Development Services Director shall determine the intent of the provision.
(b) Zoning map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:
(1) Where boundaries are indicated as following streets or other rights-of-way, the center lines of such streets or rights-of-way shall be construed to be such boundaries.
(2) Where boundaries are indicated as approximately following parcel lines, such parcel lines shall be construed to be such boundaries.
(3) In the event uncertainty exists or in the case where a district boundary divides a parcel, the Planning Commission, upon a written application or upon its own motion, shall determine the exact location of such boundaries.
(c) Record of interpretation. The Development Services Director shall keep a record of interpretations made pursuant to this title which shall be made available to the public for review.
(d) Appeals. An interpretation of the zoning regulations or zoning map by the Development Services Director may be appealed to the Planning Commission.
(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)
9-1-112 Application of zoning regulations during local emergency.
The Turlock City Council may authorize deviations from any provision of this title during a proclaimed local emergency in accordance with TMC Title 4.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-113 Severability.
If any section, subsection, sentence, or phrase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one (1) or more other portions of this title would be declared invalid or unconstitutional.
(1207-CS, Rep&ReEn, 05/28/2015)
Article 2. Establishment of Definitions
9-1-201 Semantic rules of construction.
For the purposes of this title, the following rules shall apply unless inconsistent with the plain meaning in the context of the provisions of this title.
(a) Words used in the present tense include the future tense.
(b) Words used in the singular include the plural, and words used in the plural include the singular.
(c) The word “used” includes the words “arranged for, designed for, occupied, or intended to be occupied for.”
Where a definition is not given or where a question of interpretation is raised, the definition shall be the common usage of the word within the context of its use, or as clarified by the Planning Commission.
(1207-CS, Rep&ReEn, 05/28/2015)
9-1-202 Definitions.
“Abandoned” shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.
“Abandoned activity” shall mean a business or activity with no reported sales or activity for a period of at least one hundred eighty (180) days. Exceptions are temporary closures for repairs, alterations, or other similar situations.
“Abut” or “adjoin” shall mean two (2) or more parcels sharing a common boundary of at least one (1) point.
“Access” or “access way” shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use.
“Accessory buildings and uses” shall mean buildings and uses, both permanent and temporary, which are:
(a) Subordinate to and serve a principal building or principal use;
(b) Subordinate in area, extent, or purpose to the principal building or principal use;
(c) Contribute to the comfort, convenience, or necessity of occupants of the principal building or principal use;
(d) Located on the same lot as the principal building or use; and
(e) Accessory uses in commercial and industrial businesses shall be limited to twenty (20%) percent of the total floor area.
“Acreage, gross” shall mean the entire area of a site calculated to the centerline of planned bounding streets and to the edge of the right-of-way of existing or dedicated streets.
“Acreage, net” shall mean the area of a parcel of land measured to the property lines less streets and/or alleys or those areas proposed or required to be dedicated as streets and/or alleys.
“Action” shall mean the decision made by the review authority on a land use application, including applicable findings, environmental determination, and conditions of approval.
“Adjacent” shall mean situated “next to” and shall include both abutting property and real property located across alleys, streets, or other public right-of-way.
“Adult use” shall mean a business or location where the main emphasis is on the sale or promotion of sexually explicit materials or activities. See TMC 9-2-102, Adult entertainment facilities, for further definitions and reference.
“Affordable housing” shall mean housing for which the housing payment is not more than thirty (30%) percent of household gross income for a specified housing group.
“Agent of owner” shall mean a person authorized to act for the property owner.
“Agriculture” or “agricultural use” shall include a range of activities involved in the production of food such as the tilling of the soil, the raising of crops, horticulture, viticulture, dairying, and livestock farming, including all uses customarily incidental thereto; but excluding slaughter houses, fertilizer yards, transport businesses for agricultural hauling, bone yards or rendering plants for the reduction of animal matter, the cultivation of marijuana, industrial hemp, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.
“Airports and landing strips” shall mean runways and related facilities for aircraft, including rotary-winged and ultralight aircraft, take-off and landing.
“Alley” shall mean a public or private right-of-way permanently reserved primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street and affording only secondary means of access to abutting property.
“Alteration” shall mean any change, addition, or modification in construction or occupancy of an existing structure.
“Amendment” shall mean a change in the wording, context, or substance of any provision in this title; or an addition, deletion, or a change in the zone boundaries or classification upon the zoning map.
Amusement center or arcade. See TMC 4-11-101 et seq.
“Animal boarding” shall mean the provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.
“Animal grooming” shall mean the provision of bathing and trimming services for small animals on a commercial basis during regular business hours.
“Animal hospitals” shall mean establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air conditioned. Grooming and temporary (thirty (30) days or less) boarding of animals is included if incidental to the hospital use.
“Animals, retail sales” shall mean retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.
“Annexation” shall mean the process of adding territory to the incorporated area of the City and simultaneously detaching said territory from Stanislaus County and certain service districts.
“Antenna” shall mean a device for transmitting or receiving radio, television, or any other transmitted signal.
“Antique store” shall mean a business whose primary purpose is the sale of objects having special value because of their age, especially a domestic item or piece of furniture or handicraft esteemed for its artistry, beauty, or period of origin.
“Apartment” shall mean a room or group of rooms in a building rented or leased to a tenant and constituting five (5) or more dwelling units. For the purpose of this definition, “building” shall mean one (1) or more buildings on one (1) or more contiguous lots or parcels under common ownership, and the total contiguous number of dwelling units in all of such buildings shall be used to determine the number of dwelling units subject to the requirements of this title. (See also “dwelling, multifamily.”)
“Artist studio” shall mean a place where fine art is created and occasionally displayed, and affords the artists a live-work opportunity typically in the downtown area. “Fine art” is art concerned with the creation of beautiful objects such as painting and sculpture.
“Attached” shall mean the physical connection of two (2) structures as defined by the California Building Code. A building or structure shall be defined as “attached” when there is less than six (6') feet between that building or structure and any other building on the same property.
“Auto repair, major” shall mean a place providing a full range of vehicle repair and maintenance services which include outside storage, the use of hazardous liquids, open flame, or welding operations. Hazardous liquids include Class I, II or III-A liquids as defined by the California Building Code.
“Auto repair, minor” shall mean a place providing vehicle repair and maintenance limited to exchange of parts and maintenance which does not include the activities as defined under “auto repair, major.” Any activity combining minor and major automobile repair shall be defined as major automobile repair.
“Auto sales and service” shall mean sale and rental of automobiles, motorcycles, trucks, and recreational vehicles, including storage and incidental maintenance.
“Automobile service station” shall mean an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, excluding major auto repair and other similar activities. This definition includes a convenience gas mart with two (2) or more service islands.
“Automobile storage” shall mean lots for the storage of parking tow-away, impound yards, and storage lots for automobiles, light duty trucks, buses, and recreational vehicles, but excluding commercial vehicles.
“Automobile washing” shall mean washing, waxing, detailing, or cleaning of automobiles or similar light vehicles including the use of mechanical automobile washers.
“Awning” shall mean a roof-like cover that is attached to and projects from the wall of a building for the purpose of shielding from the elements.
“Balcony” shall mean an open area located either recessed or projected out from the walls of a building. Balconies are thirty (30") inches or more above grade and are open to one (1) or more sides except for a railing or parapet not more than forty-two (42") inches high. An exterior corridor is not a balcony.
“Bar” shall mean any premises wherein alcoholic beverages are sold at retail for consumption on the premises wherein food products, including salads, sandwiches, desserts, and similar short order items and snacks, are sold or served incidentally to the sale or service of alcoholic beverages. Minors may or may not be excluded from the premises. It shall not mean a restaurant wherein alcoholic beverages are sold incidentally to the public in conjunction with the sale of food for consumption on the premises.
“Basement” shall mean that portion of a building that is partly or completely below grade. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one-half (1/2) of its height above grade.
“Berm” shall mean a mound or embankment of earth.
“Block” shall mean a section of land surrounded by public streets, highways, freeways, railroad rights-of-way, flood control channels, creeks, washes, rivers, or unsubdivided acreage or any combination thereof.
“Block face” shall mean the properties abutting on one (1) side of a street and lying between the two (2) nearest intersecting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, or City boundary.
“Buffer area” shall mean a landscaped area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.
“Building” shall mean any structure used or intended for supporting or sheltering any use.
Building, accessory. See “accessory buildings and uses.”
“Building and Safety Division” shall mean that agency or department designated by the City to process building permits and the related plan check/inspection services.
Building coverage. See “lot coverage.”
“Building height” shall mean the vertical distance from the finished grade to the highest point of the building as measured to the rooftop for flat roofs; to the deck line for mansard roofs; and to the top ridge line for gable, hip, and gambrel roofs, exclusive of chimneys and ventilators.
“Building materials and services” shall mean a commercial use that provides materials, such as concrete, lumber, stone, sand, clay, insulation, plumbing, and the like, which are used for construction purposes.
“Building, principal” shall mean a building in which the primary use of the lot on which the building is located is conducted.
“Cannabis” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
“Cannabis business” shall mean any business engaged in commercial cannabis activity. “Cannabis business” does not include any of the following:
(a) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
(b) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
(c) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
(d) A residential hospice or a home health agency licensed pursuant to Chapter 8 and Chapter 8.5 of Division 2 of the Health and Safety Code.
(e) The cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined by Section 11362.7 of Health and Safety Code provided such activity complies strictly with all applicable State law, including, but not limited to, Sections 11362.5 and 11362.765 of the Health and Safety Code.
“Cannabis cultivation business” shall mean any cannabis business that, pursuant to a Type 1, Type 1A, Type 1B, Type 1C, Type 2, Type 2A, Type 2B, Type 3, Type 3A, Type 3B, Type 4, Type 5, Type 5A, Type 5B, or Type 12 State cannabis license, or its successors, cultivates cannabis or cannabis products.
“Cannabis dispensary” or “retail cannabis sales” shall mean any cannabis business where medicinal or adult-use cannabis or cannabis products are sold at retail, pursuant to a Type 10 State cannabis license, or its successors. A cannabis dispensary includes a cannabis business that provides cannabis deliveries.
“Cannabis distribution business” shall mean any cannabis business that, pursuant to a Type 11 or Type 13 State cannabis license, or its successors, procures, sells, or transports cannabis and cannabis products between cannabis businesses.
“Cannabis manufacturing business” shall mean any cannabis business that, pursuant to a Type 6, Type 7, or Type 12 State cannabis license, or its successors, manufactures cannabis or cannabis products.
“Cannabis testing laboratory” shall mean a cannabis business that tests cannabis or cannabis products pursuant to a Type 8 State cannabis license, or its successors.
“Cargo container” shall mean a premanufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement, or transport of freight, articles, goods, or commodities from one (1) location to another and that is delivered to a site as a fully assembled unit. The term “cargo container” shall not include a storage shed that is assembled at the site or a trailer with wheels used in the transport of freight. This term shall only apply to those containers that are accessory to the primary use of the property for the storage of directly related nonflammable, noncombustible, nonhazardous materials and supplies. If the container is proposed to be stored on the site for resale or rental, or to be used as a building material in the construction of a building or structure, the district regulations applicable to those uses shall apply.
“Catering services” shall mean a business establishment cooking and delivering food to an outside location such as a hotel, banquets, weddings, conventions, and the like. This does not include mobile food vendors.
“Clubs and lodges” shall mean meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, and youth centers.
“Commercial recreation and entertainment” shall include movie theaters, performing art theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, miniature golf courses, golf driving ranges, model courses, shooting galleries, pinball arcades or electronic game centers having two (2) or more coin-operated game machines, card rooms, and facilities used exclusively for bingo games. Commercial recreation and entertainment does not include adult entertainment facilities or nightclubs.
“Commissary” shall mean a food facility that services mobile food facilities, mobile support units, or vending machines where all of the following occur: (a) food, containers, or supplies are stored; (b) food is prepared or prepackaged for sale or service at other locations; (c) utensils are cleaned; (d) liquid and solid wastes are disposed, or potable water is obtained, pursuant to California Health and Safety Code Section 113751.
“Community garden” shall mean a site where any kind of plant, except marijuana, is grown, and several individuals or households cultivate the site. Community gardens typically provide a service to gardeners that do not live in the immediate neighborhood resulting in the generation of vehicular traffic that is not normally associated with residential uses. The site may be divided into individual allotments, or gardeners may work together to cultivate the entire property. The land may be publicly or privately owned. The plants are grown for personal use by the gardeners, or for donation. No on-site sales or distribution to the public are permitted.
“Conditional use” shall mean uses which may be allowed subject to specific findings, conditions, and approval of a conditional use permit by the Planning Commission.
“Condominium” shall mean a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in airspace in a residential building on a parcel.
“Condominium, commercial” shall mean individually owned unit in a building or development with commercial occupants. Each unit may be financed or sold separately by the owner, but the care and expense of maintaining common areas are shared.
Construction, commencement of. Construction shall be determined to start when all of the following have been completed by the developer:
(a) Filing of full sets of building plans with the Building Inspector and issuance of a building permit including electrical, plumbing, and mechanical permits.
(b) Performance of all conditions of approval specifying “prior to the issuance of a building permit” as found in any applicable approval statements and/or resolutions adopted by the City Council, Planning Commission, or Development Services Director.
(c) Payment of all required fees, including building permit fees, and the posting and acceptance of all public improvement securities, if applicable.
(d) Compliance with environmental review procedures of the City.
Construction, completion of. Construction shall be complete when the final required building inspection has been completed and/or a “certificate of occupancy” (as defined by the California Building Code) is issued by the Building Inspector.
“Convalescent hospital” shall mean a facility providing short- or long-term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatment such as are customarily provided in a hospital. “Convalescent hospital” does not include general or specialized hospital or residential care facility.
“Convenience gas mart” shall mean a retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same. Activities may include the sale and/or dispensing of gasoline and other petroleum products.
“Conversion” shall mean changing the original purpose of a building to a different use.
“Crop production” shall mean the growing of fruit and nut trees, vine crops, and horticultural stock for production of food or fiber for human consumption, excluding marijuana, and shall not include the on-site sale or public distribution of such goods. Agricultural operations shall be conducted under the direction of the property owner. The vehicular traffic associated with crop production shall not exceed levels normally associated with residential uses.
“Cultural institutions” shall mean institutions displaying, preserving, or demonstrating intellectual and artistic objects or activities. This classification generally includes libraries, museums, and art galleries where displayed objects are not intended for sale.
“Dance studio” shall mean an indoor facility where students are taught various forms of dance.
“Day care center” shall mean any child day care facility, as defined in Section 1596.76 of the California Health and Safety Code, other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.
“Deck” shall mean a platform less than thirty (30") inches above the grade, either freestanding or attached to a building.
“Density” shall mean the ratio between dwelling units and land, expressed as the number of dwelling units per gross acre, or as square feet of land required per dwelling unit.
“Density bonus” shall mean an increase of dwelling units over the otherwise maximum allowable residential density.
“Density, gross” shall mean the number of dwelling units per acre of developable residential land including public and private streets, but excluding greenways and easements for drainage or power transmission lines.
“Density, net” shall mean the number of dwelling units per acre of developable residential land exclusive of public and private streets, greenways, drainage, power-transmission line easements, or other public and semipublic uses.
“Development” shall mean:
(a) The division of a parcel of land into two (2) or more parcels;
(b) The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, including any facility of any private, public, or municipal utility;
(c) Any mining, excavation, landfill, or land disturbance;
(d) Any use or extension of the use of land;
(e) Any subdivision pursuant to the Subdivision Map Act; and
(f) Any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use.
“Development agreement” shall mean an agreement entered into between the City of Turlock and a contracting party which relates to a specific real property, subject to the terms of the agreement, pursuant to the provisions of this chapter and Article 2.5, Chapter 4, Division 1 of Title 7 of the California Government Code.
“Development Services Director” shall mean the Director of the Development Services Department of the City of Turlock, or designee. “Development Services Director” shall also include the term “Director.”
“Director” shall mean the City of Turlock Development Services Department Director or designee.
“Discount club” shall mean a discount store or warehouse where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items such as food, clothing, tires, and appliances; many items are sold in large quantities or bulk.
“Discount store” shall mean stores with off-street parking that usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven (7) days a week. The stores are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or service station. Discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking.
“Discount superstore” shall mean a store that is similar to a “discount store” described above, with the exception that they also contain a full service grocery department under the same roof that shares entrances and exits with the discount store area. Such retail stores exceed one hundred thousand (100,000) square feet of gross floor area and devote at least five (5%) percent of the total sales floor area to the sale of nontaxable merchandise. “Sales floor area” means only interior building space devoted to the sale of merchandise, and does not include restrooms, office space, storage space, automobile service areas, or open-air garden sales space. “Nontaxable merchandise” means products, commodities, or items the sale of which is not subject to California State sales tax. These stores usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven (7) days a week. The stores are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or service station. Discount superstores are also sometimes found as separate parcels within a retail complex with their own dedicated parking.
“Distance between structures” shall mean the minimum distance measured between two (2) structures.
“Drive-in facility” shall mean any place or premises designed or used for the sale, dispensing, or serving of food, refreshments, money, gasoline, or other goods and services to customers while sitting in their vehicles. Vehicles are parked in individual parking stalls while awaiting service.
“Drive-through facility” shall mean any place or premises designed or used for the sale, dispensing, or serving of food, pharmaceuticals, and other goods and services to customers while sitting in their vehicles at a drive-up window. Vehicles typically queue in a drive-through lane while awaiting service at a drive-up window.
“Driveway” shall mean a private roadway for the exclusive use of the occupants of a property and their guests which provides vehicular access from a public street to required off-street parking spaces, garages, or recreational vehicle storage.
“Dual zoning” shall mean any circumstance in which a whole parcel is zoned for more than one (1) zoning district designation.
Dwelling.
(a) “Multifamily” shall mean a residential building containing two (2) or more dwelling units on one (1) lot. Multifamily dwellings shall include dwellings that are constructed for the purposes of providing supportive and transitional housing.
(b) “Second” shall mean an additional dwelling unit located on a lot zoned for single- or multifamily residential uses having kitchen and sanitation facilities and being attached to or detached from an existing single-family dwelling located on the same lot. The definition of a “kitchen” is described in this section. (See also TMC 9-2-119, Second dwelling units.)
(c) “Single-family” shall mean a residential building containing one (1) dwelling unit on one (1) lot. All rooms within the single-family attached dwelling shall be interconnected. “Single-family dwelling” shall include a dwelling that is constructed for the purposes of providing supportive and transitional housing.
“Dwelling unit” shall mean one (1) or more rooms, including bathroom(s) and a kitchen, designed for or used by one (1) family for living or sleeping purposes. The defining feature of a “kitchen” is the presence of a major cooking appliance such as a cook top and/or oven intended for the preparation of food for one (1) family. Other features typically found in a kitchen are a sink and counter space large enough for food preparation and cleaning, refrigeration facilities, and storage area.
“Easement” shall mean a grant of one (1) or more property rights by the property owner for use by the public, a corporation, or another person or entity.
“Emergency services provider” shall mean a public or private agency which provides fire, ambulance, police, or similar emergency dispatch services for the protection of life or property.
“Emergency shelter” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
“Employee housing” shall be as defined in Section 17008 of the California Health and Safety Code and shall include farm worker housing. In nonagricultural residential zones, accommodations for six (6) or fewer employees shall be deemed a single-family structure pursuant to Section 17021.5 of the California Health and Safety Code. In agricultural zones, accommodations of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or households shall be deemed a permitted agricultural land use pursuant to Section 17021.6 of the California Health and Safety Code.
“Equipment sales, services, and rentals” shall mean sales, services, and rental of construction or agricultural equipment.
“Family” shall be defined by the maximum number of individuals permitted in a given residential space per the standards of the Uniform Housing Code and/or the California Building Code as applicable.
“Family day care home” shall mean a home, as defined in Section 1596.78(a) of the California Health and Safety Code, that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider’s own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.
(a) “Large family day care home” shall mean a home, as defined in Section 1596.78(b) of the California Health and Safety Code, that provides family day care for seven (7) to fourteen (14) children for periods of less than twenty-four (24) hours per day, inclusive, including children under the age of ten (10) years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in State regulations.
(b) “Small family day care home” shall mean a home, as defined in Section 1596.78(c) of the California Health and Safety Code, that provides family day care for eight (8) or fewer children for periods of less than twenty-four (24) hours per day, including children under the age of ten (10) years who reside at the home as set forth in Section 1597.44 of the California Health and Safety Code and as defined in State regulations.
“Fence” shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
“Financial services” shall mean walk-in and drive-through banking facilities that conduct financial transactions for walk-in customers as well as motorists conducting transactions from their vehicle. Banking facilities may or may not have drive-up lanes with or without automatic teller machines (ATMs).
“Floor area, gross” shall mean the total enclosed floor area of all stories of a building, measured to the outside structural members and exterior walls, including halls, stairways, basements, service and mechanical equipment rooms, mezzanines, interior balconies, attached garages, and other similar spaces.
“Floor area, net” shall mean the total enclosed floor area of all stories of a building, excluding corridors, halls, stairways, mezzanines, interior balconies, elevators, restrooms, closets, vaults, garages, and other similar space used by all occupants of a building rather than by an individual occupant.
“Floor area ratio (FAR)” shall mean the area resulting from dividing the gross floor area of all buildings on one (1) lot by the gross land area of that lot.
“Food and beverage sales” shall mean the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery stores, liquor stores and delicatessens. Establishments at which twenty (20%) percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as catering services or restaurants.
“Friable” shall mean the addition of soil amendments and returning the soil to an easily crumbled or loosely compacted condition whereby the root structure of newly planted landscaping material will be allowed to spread unimpeded.
“Frontage” shall mean the property line, or lines, of a building site which abuts a local street. (See also “lot line, front.”)
“Garage” shall mean an accessory building, or portion of a building, used for the parking or temporary storage of automobiles or motorcycles for the occupants of the premises. A garage (except an off-street parking structure) shall be enclosed on all sides and possess a fully closing door at the point of vehicular access.
“General Plan” shall mean the Turlock General Plan and all elements thereof.
“Grade” shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5') feet of a sidewalk, the ground level shall be measured at the sidewalk. For fences, the grade shall be determined by the finished ground level of the primary building(s) on the property and may be the higher of the two (2) adjoining properties.
“Group homes” shall mean any congregate housing arrangement for a group of unrelated individuals that share a condition, characteristic, or status not typical of the general population. This classification includes community care facilities, residential care facilities for the elderly, intermediate care facilities, nursing homes, assisted living facilities, alcohol and drug recovery, and other similar facilities that provide twenty-four (24) hour nonmedical services, supervision, or assistance for sustaining the activities of daily living, treatment, or for the protection of the individual. Such uses typically require licensing and inspection by the State of California.
(a) “Unlimited” shall mean the provision of congregate housing for thirteen (13) or more people.
(b) “Large” shall mean the provision of congregate housing for seven (7) to twelve (12) people.
(c) “Small” shall mean the provision of congregate housing for six (6) or less people.
“Group quarters” shall mean shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, employee housing, non-licensed alcohol and drug recovery housing, and private residential clubs. Group quarters are not the same as group homes. Such facilities typically do not require licensing and inspection by the State of California.
(a) “Unlimited” shall mean the provision of shared living quarters for thirteen (13) or more people.
(b) “Large” shall mean the provision of shared living quarters for seven (7) to twelve (12) people.
(c) “Small” shall mean the provision of shared living quarters for six (6) or less people.
“Guest house” shall mean living quarters within an accessory building on a residential lot for use by temporary guests of the occupants of the premises. It shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate independent dwelling.
“Health/recreation facility” shall mean an indoor facility including such uses as a gymnasium, game courts, exercise equipment and classes, locker rooms, pool, jacuzzi and/or spa, and pro shop. Exercise/fitness studios such as yoga studios, pilates studios, martial arts studios, and the like are also included.
“Hemp product” means a product that contains a compound, blend, extract, infuse, or derivative of industrial hemp that is intended to either be used or consumed by a consumer.
“Home occupation” shall mean any occupation, profession, activity, or use conducted entirely within a dwelling, accessory building, or swimming pool, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone district of which it is part.
“Hospital” shall mean an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and includes related facilities such as laboratories, out-patient surgical centers and departments, training facilities, central services facilities, and administrative offices that are an integral part of the hospital facility.
“Hotel” shall mean a commercial land use providing shelter on a short-term basis in a building or portion thereof in which access is provided through a common entrance, lobby, or hallway and which contains six (6) or more guest rooms.
“Housing for the elderly” shall mean a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is sixty (60) years of age or older. This does not include a development that contains convalescent or nursing facilities.
“Industrial hemp” means a crop that is limited to types of the plant Cannabis sativa Linnaeus having no more than three-tenths of one (0.3%) percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
“Industrial hemp business” means a person authorized to manufacture hemp products in the City.
“Type A industrial hemp business” means an industrial hemp business authorized to compound, blend, infuse, or otherwise make or prepare hemp products that contain a concentration of no more than three-tenths of one (0.3%) percent tetrahydrocannabinol (THC), but may not include extraction for industrial hemp products such as cannabinoids, including, but not limited to cannabidiol (CBD), from industrial hemp.
“Type B industrial hemp business” means an industrial hemp business authorized to compound, blend, infuse, or otherwise make or prepare hemp products that contain a concentration of no more than three-tenths of one (0.3%) percent tetrahydrocannabinol (THC). Type B industrial hemp businesses are authorized to extract for industrial hemp products such as cannabinoids, including, but not limited to cannabidiol (CBD), from industrial hemp through natural solvent (olive oil or ethanol), CO2, or steam extraction methods, or other means approved by the City.
Industry.
(a) General. The manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes food processing and packaging, unlimited laundries, auto dismantling, stonework and concrete products manufacturing, and power generation. General industry does not include the term “chemical manufacturing/processing.”
(b) Limited. Manufacturing of finished parts or products from previously prepared materials, warehousing, distribution, wholesaling, shipping and cooling within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials or food processing.
“Itinerant vendor” shall mean any person who has no established place of business within the boundaries of the City of Turlock and who is engaged in transient business traveling from place to place for the purpose of selling any goods, wares, merchandise, or services or for the purpose of taking orders for the sale of any goods, wares, merchandise, or services to be delivered or performed at some future time and date. See TMC 5-17-02, itinerant vendor, for further reference.
“Junk yard” or “salvage yard” shall mean a site or portion of a site on which waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, excepting a “vehicle dismantling and wrecking establishment” as defined in this section.
“Kennel” shall mean a place where four (4) or more dogs of five (5) months of age or older, or four (4) or more cats of four (4) months of age or older, are kept.
“Landscaping” shall mean an area devoted to, or developed and maintained with, native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative treatments such as outdoor landscape surfaces of rock, stone, brick, block, or similar decorative material (excluding driveways, parking, loading or storage areas), and sculpture elements. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.
Laundries.
(a) “Limited” shall mean an establishment to dry clean and/or wash and dry clothes and other fabrics brought in and carried away by the customer. This may include self-service or coin-operated facilities.
(b) “Unlimited” shall mean an establishment where larger quantities of clothes and other fabrics are washed and/or ironed but are collected and delivered primarily by laundry employees, including dry cleaning establishments. Unlimited laundry does not include the term “limited laundry.”
“Livestock” shall mean animals customarily raised or kept on farms to include horses, cows, bulls, calves, oxen, sheep, goats, and other bovine or hoofed animals including pigs, hogs, and swine.
“Loading space” shall mean a designated parking area for the loading and unloading of goods and materials from a commercial vehicle. See Article 2 of Chapter 9-2 TMC, Off-Street Parking and Loading Regulations, for further reference.
“Lot” shall mean a parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law to be used, developed, or built upon. See diagram below. The classifications of lots are:
(a) “Corner” shall mean a lot located at the intersection of two (2) or more streets.
(b) “Flag” shall mean a lot having access or an easement to a public or private street by a narrow, private right-of-way.
(c) “Interior” shall mean a lot abutting only one (1) street.
(d) “Key” shall mean a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.
(e) “Reverse corner” shall mean a corner lot, the rear of which abuts the side of another.
(f) “Through” shall mean a lot having frontage on two (2) generally parallel streets, with only one (1) primary access.
“Lot area” shall mean the horizontal area within the lot lines of a lot.
“Lot coverage” shall mean that portion of a lot occupied by any building or structure, excepting uncovered paved areas, walks, and swimming pools or spas.
“Lot depth” shall mean the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.
“Lot frontage” shall mean the portion of the lot contiguous to the street.
“Lot line” shall mean a line dividing one (1) lot from another lot or from a street or alley. The classifications of lot lines are:
(a) “Front” shall mean, on an interior lot, the lot line separating the parcel from the street. On a through lot, both lot lines abutting a street frontage providing the primary access to the lot are considered front lot lines. On a through lot that is also a corner lot, the property owner may designate the corner lot line. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. On a corner lot, the owner may designate on which street the lot fronts so long as the minimum property development standards are met for the zone district in which the lot is located. If such designation is made, then that line is the street line separating the designated street from the lot. If no such designation is made, the line is the street line separating the narrowest street frontage of the lot from the street. Once the choice of frontage has been made, it cannot be changed, unless and until all requirements for yard space are complied with.
(b) “Interior” shall mean any lot line not abutting a street.
(c) “Rear” shall mean the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.
(d) “Side” shall mean any lot line not a front or rear lot line.
(e) “Zero” shall mean the location of a building on a lot in such a manner that one (1) or more of the building’s sides rests directly upon a lot line.
“Lot width” shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear property lines.
Maintenance and repair service.
(a) “Major” shall mean facilities providing equipment maintenance and repair services and material storage areas. This classification includes corporation yards, equipment service centers, and the like, and excludes maintenance and repair of vehicles.
(b) “Minor” shall mean establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles and outside storage.
“Manufactured housing” shall mean single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes, but which is not constructed with a permanent hitch for relocation. A manufactured home shall not be deemed to include a mobile home as defined in this section. (See also “mobile home.”)
“Mini-storage/warehouse facilities” shall mean a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the unused storage of goods or wares and may include outdoor storage.
“Mixed use” shall mean a building, structure or premises occupied by or used by two (2) or more principal types of use, any of which is permitted in a district independent of other uses.
“Mobile food facility” shall mean any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail pursuant to California Health and Safety Code Section 113831 that is permitted pursuant to TMC 9-2-124. “Mobile food facility” does not include the following: (a) a “street vendor” as defined in Chapter 5-17 TMC; (b) an “itinerant vendor” as defined in Chapter 5-17 TMC unless the vendor remains on private property for a period of thirty (30) minutes or more during any twenty-four (24) hour period; or (c) a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.
“Mobile home” shall mean a transportable, factory-built structure, built upon a chassis for future movement and built prior to the Manufactured Housing Construction and Safety Standards Act of 1974. The structure must be designed for use as a residential dwelling, with or without a permanent foundation, when connected to the required utilities, and intended for occupancy by one (1) family. A transportable travel trailer less than thirty-two (32') feet in length and less than eight (8') feet in width shall not normally be considered a mobile home. (See also “manufactured housing.”)
“Mobile home development” shall mean an area or tract of land where one (1) or more spaces for the occupancy by a mobile home are provided. “Mobile home park” does not include recreational vehicle park.
“Motel” shall mean a commercial land use providing shelter, on a short-term basis, in one (1) or more buildings on the same lot. The buildings contain guest rooms or dwelling units or both, which are usually individually and independently accessible from outside the building. “Motel” includes motor lodge, tourist court, motor hotel, or any other designation intended to identify the premises as providing for rental or overnight accommodation primarily to motorists.
“Museum” shall mean a building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.
“Neighborhood store” shall mean a local retail establishment selling food products and household items which may be located in a residential neighborhood and does not exceed two thousand five hundred (2,500) square feet.
“Nightclub” shall mean an establishment providing any or all of the following entertainment opportunities, whether or not a fee is charged: (a) live performance, such as musical, dance, cabaret, or comedy acts; (b) any form of dancing by patrons or guests available to the general public; or (c) amplified live or recorded music. Typically, but not necessarily, alcoholic beverages and/or meals or refreshments may be served. A nightclub may be operated in combination with other uses, such as a restaurant or special event center, but operated only part of the day, typically in the evening.
“Nonconforming, illegal” shall mean a structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Development Code.
“Nonconforming lot” shall mean a lot that does not meet the area, width or depth standards for the district in which the lot is located which lawfully existed prior to the adoption, revision, or amendment of this Code, but which fails by reason of such adoption, revision, or amendment to conform to the use district in which it is located.
“Nonconforming structure” shall mean any building or structure that does not meet the limitations on building size, height, and location on a lot, for the district in which such building is located, for the use to which such building is being put. (See also Article 3 of Chapter 9-2 TMC, Nonconforming Structures and Uses.)
“Nonconforming use” shall mean a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.
“Nuisance” shall mean anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
“Nursery” shall mean an establishment in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
Office.
(a) “Medical and dental” shall mean a facility where physicians and staff provide diagnostic and outpatient care, but does not provide prolonged in-house medical and surgical care. The facility may include lab facilities, supporting pharmacies, diagnostic and treatment rooms.
(b) “Business and professional” shall mean a place of business where professional and clerical activities are performed. The building may contain a single tenant or multiple tenants.
“Open space, common” shall mean open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.
“Open space, usable” shall mean any reasonably accessible portion of a lot, including decks, swimming pools, balconies, and the like, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space shall not include parking areas, driveways, any part of an existing or future road or right-of-way, service areas, and slopes over ten (10%) percent, and shall not have any horizontal dimension less than ten (10') feet, except decks or balconies, which shall have a minimum dimension of six (6') feet to qualify as usable open space. Decks or paved walkways shall not be counted as usable open space where they are used principally as a passageway and entrance to a dwelling(s). Where decks are private in nature or are for the general use of tenants residing on the property and do not serve as a passageway, such decks may be counted as usable open space when otherwise conforming with the requirements of this chapter.
“Outdoor storage” shall mean the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.
“Overlay zone” shall mean a set of zoning requirements that is described in the text of the zoning regulations of this Code, is mapped and is imposed in addition to those requirements of the underlying district.
“Park and recreation facilities” shall mean noncommercial parks, playgrounds, recreation facilities, and open spaces.
“Parking, off-street facilities” shall mean a site or a portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.
“Parking, off-street loading facilities” shall mean a site or a portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials from motor vehicles or trailers.
“Permitted use” shall mean any use allowed in a land use zoning district and subject to the provisions applicable to that district.
“Personal services” shall mean a commercial land use providing recurrently needed services of a personal nature. Personal services generally include barber and beauty shops, tanning salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), photocopying, postal and mailing service shops, and self-service laundries.
“Plan line” shall mean official established right-of-way lines for future streets or for the extension or widening of existing streets within which the construction of structures is generally prohibited.
“Planned development” shall mean a type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within prescribed densities.
“Planning Commission” shall mean the City of Turlock Planning Commission.
“Porch” shall mean a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of the building.
“Preexisting” shall mean in existence prior to the effective date of the zoning regulations codified in this Code.
“Premises” shall mean a lot, parcel, tract, or plot of land, together with the buildings and structures located thereon.
“Principal building” shall mean a building in which the primary use of the lot on which the building is located is conducted.
“Principal use” shall mean the primary or predominant use of any lot, building, or structure.
Printing and publishing.
(a) “Limited” shall mean the preparation of camera-ready artwork and text, photocopying, printing, and binding in a building not exceeding two thousand (2,000) square feet.
(b) “Unlimited” shall mean the preparation of camera-ready artwork and text, photocopying, printing, and binding in a building exceeding two thousand (2,000) square feet.
“Project” shall mean any proposal for new or changed uses of land, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.
Property line. See “lot line.”
“Public buildings and facilities” shall mean a class of uses generally open to the public and maintained and supported by public and nonprofit agencies or organizations and which are of a recreational, educational, religious, or cultural nature.
“Rebuild” shall mean to undertake construction within and/or on an existing building which has a valid construction permit with a construction value greater than fifty (50%) percent of the replacement cost of the existing building being rebuilt. The permit value is valid for a twelve (12) month period beginning on the date of permit issuance.
“Recreational vehicle” shall mean a vehicular unit not exceeding forty (40') feet in overall length, eight (8') feet in width, or thirteen and one-half (13 1/2') feet in overall height, primarily designated as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. The term “recreational vehicle” shall include motor homes, travel trailers, pick-up campers, camping trailers, converted trucks or buses, boats and boat trailers, and all-terrain vehicles. See TMC 9-2-114, Permitted locations of recreational vehicles and campers.
“Recycling center” shall mean a facility that is not a junkyard and in which recoverable resources, such as newspapers, plastic, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled within a completely enclosed building for transfer to another facility for processing into raw materials or other recycled materials.
“Recycling collection center” shall mean an incidental use and operation that serves as a neighborhood drop-off and collection point for temporary storage of recoverable and recycled materials. No processing of such items would be carried out and the facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as churches and schools.
“Recycling processing facility” shall mean a facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, cardboard, and other previously used paper products; plastic materials; glass; metal cans; and other similar products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
“Rental storage facility” shall mean a facility consisting of individual, compartmentalized stalls located entirely within an enclosed building or group of buildings with controlled access. Stalls are rented or leased for the storage of customers’ goods, wares, or archival files, and which may include an on-site manager’s quarters, but exclude any outside storage, warehousing storage, or wholesale distribution.
“Research and development services” shall mean establishments primarily engaged in industrial or scientific research, including limited product testing.
“Restaurant” shall mean a business establishment whose principal business is the selling of meals to guests for consumption on the premises and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods. The food is served in individual servings and the guest generally consumes these foods while seated at tables or counters located within the building or a specially designed outdoor dining area. The sale or service of alcoholic beverages shall be incidental to the sale of meals for consumption on the premises. A small band or single entertainer, such as harpists, guitarists, mariachi bands, and pianists, using acoustic or “low amplification” instruments, and offered at no cost to the patron, may be provided while meals are being served. “Low amplification” shall mean sixty (60) dBA or less when measured three (3') feet from the noise source using the A weighting scale of the sound level meter and the “fast” meter response.
“Restaurant, drive-in” shall mean a business establishment that delivers prepared food, frozen desserts, and/or beverages in a ready-to-consume state to customers in motor vehicles, regardless of whether or not it also serves prepared foods and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises. Vehicles are located in parking stalls in a drive-in facility. The sale or service of alcoholic beverages shall be incidental to the sale or service of prepared food products.
“Restaurant, fast food” shall mean a business establishment whose principal business is the quick selling of foods, frozen desserts, or beverages in ready-to-consume individual servings for consumption either on or off premises. This facility offers quick service, which is accomplished through a limited menu of items already prepared and held for service, or which are prepared quickly. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrapping or containers. A fast food restaurant may or may not include a drive-through facility. The sale or service of alcoholic beverages shall be incidental to the sale or service of prepared food products.
“Retail sales” shall mean the retail sales of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, and businesses retailing goods such as the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, new automotive parts and accessories (excluding service and installation), and the like. See also “discount store” as defined by this section.
“Right-of-way” shall mean a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special uses.
“Roadside stand” shall mean a temporary structure designed or used for the display or sale of produce grown or raised on the same premises that the structure is placed.
“Salvage and wrecking yards” shall mean the use of a lot, or contiguous lots, or any portion thereof, for the storage of junk, including scrap materials, and/or for the dismantling or wrecking of salvaged equipment including, but not limited to, building materials, heavy machinery, and vehicles.
“Satellite dish antenna” shall mean an apparatus designed to receive or transmit communications to and from a satellite.
“School” shall mean an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
“Screening” shall mean the method by which a view of one (1) site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.
“Secondhand store” shall mean any premises used for the sale or handling of used goods. “Secondhand store” includes establishments for the sale or trade of used clothing, furniture, and appliances. “Secondhand store” does not include establishments selling used jewelry, old coins, stamps, or antiques.
“Setback” shall mean the minimum horizontal distance between the lot or property line and the nearest front, side, street side, or rear line of the building or structure (as the case may be), including balconies, terraces, or any covered building projection thereof, excluding steps.
“Shopping center” shall mean a grouping of retail businesses and service uses, located within a building or a group of buildings, oriented or arranged on one (1) or more parcels, sharing common parking and vehicle and pedestrian circulation amenities.
“Sign” shall mean a structure or device designed for the purpose of conveying information or attracting the attention of the public. See Article 5 of Chapter 9-2 TMC, Signs, for further reference.
“Site plan” shall mean a plan, to scale, showing all of the existing and proposed buildings and structures for a lot, and may require building elevations, floor plans, landscaping, and/or fencing details depending upon the nature of the proposed development.
“Specific plan” shall mean a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.
“Speculative building” shall mean a permanent structure for which the specified use or uses are not known at the time application is made for building construction permits.
“Split zoning” shall mean any circumstance in which different portions of one (1) parcel are zoned as different zoning district designations.
“Stacking line” shall mean an area for temporary waiting of motor vehicles while obtaining a service or other activity.
“Story” shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six (6') feet above the average level of the finished grade adjoining the exterior walls of such story, or if it is used for business or dwelling purposes.
“Street” shall mean a public or private right-of-way, usually for vehicular travel, which provides a primary means of access to abutting property. The term shall include, but not be limited to, avenue, drive, circle, road, parkway, boulevard, highway, throughway, or any similar term.
“Structural alteration” shall mean any change in the supporting members of a building or structure such as bearing walls, columns, beams, girders, or rafters.
“Structure” shall mean anything constructed or erected which requires location on the ground, including, but not limited to, a building or a swimming pool, but not including fences or walls eighty-four (84") inches or less in height.
“Supportive housing” shall mean housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, as defined in California Health and Safety Code Section 50675.14.
“Swimming pools, hot tubs, and spas” shall mean an accessory structure intended for swimming or recreational bathing that contains water over eighteen (18") inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.
“Temporary use” shall mean any use conducted on an intermittent or one (1) time basis for a specified period, not intended to become permanent. Such use shall not necessarily be listed as a permitted use in a zoning district in which it is located.
“Transfer station” shall mean a facility where waste and refuse materials are collected, unloaded, pumped, packaged, temporarily stored, and loaded for transfer to a landfill or processing facility designated to ultimately receive such materials.
“Transitional housing” shall mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, as defined in California Health and Safety Code Section 50675.2.
“Truck terminal” shall mean a facility for the loading and/or unloading of fuel, food products, materials or freight merchandise on trucks. Truck terminals may include related fueling facilities, traffic routing offices, temporary truck storage areas, restaurants, wash racks, minor repair facilities, and related business offices and motels.
“Truck yard” shall mean a facility used exclusively for breaking down and assembling tractor-trailer transport vehicles, or for the parking of heavy vehicles for short periods of time. “Truck yard” does not include facilities for the loading and unloading of shipments to or from an individual business.
“Turlock General Plan” shall mean the long-range and comprehensive plan for orderly growth and development of Turlock, including text, maps, and amendments, adopted by the Turlock City Council in accordance with the laws of the State of California. Also referred to as the “General Plan.”
“Use” shall mean the purpose for which land or a building is occupied, arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. “Use” also means the activity conducted on the land or in the building.
Utilities.
(a) “Major” shall mean generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, processing, recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communication facilities, and similar facilities of public agencies or public utilities not exempt by State law. A structure that may have a significant effect on surrounding uses shall be regulated under this classification.
(b) “Minor” shall mean utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines not exempt by State law.
“Variance” shall mean a permit which grants a property owner relief from development standards to the zoning regulations of this Code when, because of a particular physical or topographical condition of the property, compliance would result in undue hardship on the owner (as distinguished from a mere inconvenience or desire to make more money).
“Vehicle, abandoned” shall mean any dismantled or partially dismantled vehicle which requires major repairs to render it operable and which has remained within a public street in excess of seventy-two (72) hours.
“Vehicle, disassembled” shall mean a vehicle without hoods, doors, fenders, or body panels, headlights, trunk lid, tires, wheels, windows, engine, or transmission when such items are normally part of a vehicle.
“Vehicle, dismantling and wrecking” shall mean a facility or business that involves the dismantling or wrecking of used motor vehicles or trailers, which may or may not include the sale of reclaimed parts.
“Vehicle, inoperable” shall mean any vehicle rendered inoperable or lacking valid registration.
“Vocational school” shall mean a commercial land use that involves the instruction to students of special skills, knowledge, or techniques that are generally related to furthering a specific vocation or professional occupation. Vocational schools would include trade schools, business schools, cosmetology schools, and schools for self-improvement.
“Warehouse, limited” shall mean a building primarily devoted to the storage of materials, but may also include office and maintenance areas, and not usually accessible to the general public and shall have a limited number of truck trips per day.
“Warehouse, wholesale distribution” shall mean a building or group of buildings used for storage and distribution of wholesale goods without direct public access.
“Xeriscape” shall mean landscaping design utilizing plants which flourish and are adapted for dry, hot climates.
“Yard” shall mean an open space on the same site as a structure, unoccupied and unobstructed by structures or parking from the ground upward except as otherwise provided for in this title for landscaping and accessory structures, that includes a front yard, side yard, street side yard, or rear yard. The classifications of yards are:
(a) “Front” shall mean the area between the front lot line and the required front setback line extending across the entire width of the lot.
(b) “Rear” shall mean the area between the rear lot line and the principal building which extends across the full width of the lot and measured perpendicular to the building at its closest point to the rear lot line.
(c) “Side” shall mean the area between the front yard and the rear yard between the principal building and the side lot line, measured perpendicular from the side lot line to the closest point of the principal building.
(d) “Street side” shall mean a side yard on the street side of a corner lot which is not a front yard, measured perpendicular from the street side lot line to the closest point of the principal building. A corner lot abutting two (2) streets may not have more than one (1) street side yard.
“Zone” or “zoning district” shall mean a section of the City described in the text of the zoning regulations of this Code and delineated on the zoning maps of the City. The text sets forth the requirements for the use of the land as well as improvements and development standards.
(1283-CS, Amended, 10/22/2020; 1259-CS, Amended, 09/12/2019; 1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)