Chapter 9-2 REGULATIONS APPLYING TO ALL DISTRICTS

Accessory buildings or structures include both those that are permanent and temporary. The purpose of the specific limitations as to the height, number, or size of accessory buildings and structures contained within this section are intended to ensure adequate light, air, and privacy for residential properties and compatibility with permitted structures. Second dwelling units (as defined in TMC 9-1-202) are not defined as accessory buildings and structures.

(a) Building permit required. A building permit from the Turlock Building and Safety Division is required for all accessory buildings and structures that are one hundred twenty (120) square feet in size or larger.

(b) Accessory buildings and structures in agricultural (A) and residential (R) districts. Accessory buildings and structures may be erected upon lots in the A and R districts subject to the following conditions when the use thereof is clearly incidental and secondary to the primary use of the property:

(1) Maximum height. The height of an accessory building or structure may not exceed fifteen (15') feet in overall height measured from the existing or finished grade, whichever is lower, to the highest portion of the structure.

(2) Lot coverage. The combined maximum square footage of all detached accessory structures exceeding seven (7') feet in height shall not exceed one thousand (1,000) square feet.

(3) Attached accessory buildings and structures. When an accessory structure is not “detached” as defined in following subsection, it shall be considered an attached accessory building or structure. When the accessory building or structure is attached to the primary building on the property, it shall:

(i) Be made structurally a part of the main building (see TMC 9-1-202 defining “attached”);

(ii) Share compatible architecture, materials, and surface textures with the primary building; and

(iii) Comply in all other respects with the development standards and requirements of this title applicable to the primary building.

(4) Detached accessory buildings and structures. An accessory building or structure is defined as “detached” when any portion of the accessory building or structure is located a minimum of six (6') feet from any dwelling unit or the main building on the same lot. When the accessory building or structure is detached from the primary dwelling or main building on the property, it shall comply with the following standards:

(i) Yard setback measurement. Yard setbacks shall be measured from that portion of the building or structure that is closest to a property line.

(ii) Accessory structures greater than seven (7') feet in height, measured from the tallest point of the building or structure.

(aa) Yard setbacks except residential estate (R-E) district. The accessory building or structure shall be located a minimum of, except when located in the R-E district:

1. Rear yard: five (5') feet from the property line.

2. Interior side yard: five (5') feet from the property line.

3. Corner side yard: as required by the applicable zoning district.

4. Front yard: as required by the applicable zoning district.

(ab) Yard setbacks in R-E district. In the R-E district, the accessory building or structure shall be located a minimum of:

1. Rear yard: ten (10') feet from the property line.

2. Interior side yard: ten (10') feet from the property line.

3. Corner side yard: as required by the applicable zoning district.

4. Front yard: as required by the applicable zoning district.

(ac) Design standards. The accessory building or structure shall be constructed of compatible architecture, materials, and surface textures with the primary building.

(ad) Rear yard exception for public alleys. When a detached accessory structure taller than seven (7') feet abuts a twenty (20') foot public alley, the rear yard may be reduced to zero (0') feet for a length not to exceed one-third (1/3) of the width of the parcel.

(iii) Accessory structures seven (7') feet in height or less, measured from the tallest point of the building or structure. An accessory building or structure seven (7') feet in height or less shall not be subject to the setback and design standards contained in subsection (b)(4)(ii) of this section when:

(aa) Located behind the front yard setback for the applicable zoning district; and

(ab) Screened by a solid, visually impenetrable fence or wall at least seven (7') feet in height from all adjoining properties and the public right-of-way.

(iv) Front yard exception for entry features. Entry features, such as arbors, arches, trellises, or the like may be permitted in the front yard setback when:

(aa) The entry feature is not attached to the primary building; and

(ab) The entry feature is covering a walkway emphasizing the entry to the front door of a residence; and

(ac) The entry feature is not constructed of solid materials and shall not constitute a safety/visibility hazard to pedestrians or vehicles; and

(ad) The entry features do not exceed an overall height of eight (8') feet or a width of seven (7') feet; and

(ae) The total of all entry features does not cover more than twenty-five (25) square feet in area.

(5) Swimming pools, hot tubs, and spas. Swimming pools, hot tubs, and spas may not be located within the front or corner side yards. Any swimming pool, hot tub, or spas greater than seven (7') feet in height shall be subject to the requirements and conditions in subsection (b)(4) of this section.

(6) Exceptions to accessory building and structure requirements.

(i) Residential (R) districts. In R districts, an exception to the requirements of this section may be permitted upon approval of a conditional use permit by the Planning Commission issued in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(ii) Agricultural (A) district. In the A district, an exception to the requirements of this section may be permitted upon approval of a minor discretionary permit issued in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(c) Nonresidential accessory structures in commercial, industrial, and P-S districts. Accessory structures shall comply with all regulations applicable to the principal building or structure on a site. Off-site accessory uses shall be allowed only upon approval of a minor administrative approval.

(1) 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.

(2) 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 when all of the following conditions are met:

(i) The antenna shall be located directly adjacent to the building;

(ii) The antenna shall be located in the rear or interior side yard areas; and

(iii) The antenna shall be screened from view from the front of the building and public roadways.

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

(4) 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.

(5) Permit required. A minor administrative approval issued in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) shall be for all satellite dish antennas greater than three (3') feet in height in any C, I, or P-S district.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-102 Adult entertainment facilities.

(a) Purpose. The purpose of this section 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 section 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 is shown specified sexual activities or exhibits or engages in partial or total nudity or otherwise exposes 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.

(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 an agricultural, residential, or commercial 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 shall be located in the I (industrial) and I-BP (industrial business park) zoning districts; 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, 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 Police 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 Development Services Director or designee following the procedures set out in the following subsections, and those contained in TMC 9-5-307 through 9-5-312.

(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 Development Services 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 one thousand five hundred (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 Development Services Director 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 Development Services Director shall transmit the relevant parts of the permit application to all affected City departments and outside agencies for review, comments, and condition requirements.

(4) In considering an application for a permit pursuant to this section, the Development Services 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 nonissuance of application may be appealed pursuant to Chapter 1-4 TMC.

(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 Development Services Director, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Development Services Director, 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 Development Services Director determines that the transferee would be entitled to the issuance of an original permit.

(3) No permit may be transferred when the Development Services 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 Chapter 1-4 TMC.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

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 Development Services 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.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

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.

(1) All service stations shall provide minimum landscaping as required by this chapter (also see TMC 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 TMC (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 approved in accordance with Article 5 of this chapter (Sign Regulations for Private Property).

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-105 Building projections into yards.

Buildings may project into the required yards as follows:

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

(b) 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 Article 4 of Chapter 9-5 TMC.

(d) Balconies and protruding windows. Five (5') feet into a front or rear yard and two (2') feet into a side yard, when constructed at least two (2') feet above grade.

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

(f) Attached patio covers. In residential districts, five (5') feet into the required rear yard when the overall height of the patio cover structure is no greater than fifteen (15') feet measured from the grade of the attached dwelling unit to the highest point of the patio cover structure. The length of the patio cover structure that runs parallel to the rear property line and encroaches into the rear yard shall not exceed one-third (1/3) of the width of the parcel. This exception applies only to patio covers attached to a dwelling unit.

(g) Attached air conditioners, heating units, and other similar equipment accessory to a dwelling unit. In residential districts, two and one-half (2.5') feet into the side yard and five (5') feet into a rear yard when the maximum height of the equipment does not exceed seven (7') feet. An acoustical analysis demonstrating compliance with Chapter 5-28 TMC (Noise Standards) shall be required prior to the issuance of a building permit.

(h) Minimum setback and other limitations. 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 or over any required easement area.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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 title 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 title 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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 TMC (Minor Administrative and Minor Discretionary Permits).

(1207-CS, Rep&ReEn, 05/28/2015)

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 the district height limit by more than twenty-five (25%) percent 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 TMC (Minor Administrative and Minor Discretionary Permits).

(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 the district height limit by more than twenty-five (25%) percent 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 TMC (Minor Administrative and Minor Discretionary Permits).

(3) Any structure in an R district exceeding the district height limit by twenty-five (25%) percent 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 TMC (Minor Administrative and Minor Discretionary Permits). 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 as set forth in Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(1231-CS, Amended, 04/13/2017; 1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-109 Landscaping and irrigation.

The following City of Turlock landscape and irrigation ordinance shall be used in conjunction with the State of California Water Efficient Landscape Ordinance enacted pursuant to California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance. The City shall implement the ordinance and shall maintain an adapted version of the State ordinance for public distribution.

(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.

(6) Encourage the incorporation of low impact development design standards for storm water retention and treatment within the landscape areas.

(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 section. All required landscaping shall be installed by the developer and approved by the Planning Division prior to the occupancy of any building, unless other arrangements are agreed to by the Director. Landscaping installed by a developer or public agency within the public right-of-way shall be reviewed by the Planning Division and the Department of Parks, Recreation, and Public Facility Maintenance prior to the issuance of an encroachment or grading permit. In residential areas, developer-installed front yard landscaping shall be installed prior to final occupancy. In residential areas, owner-installed front yard landscaping shall be installed prior to final occupancy unless a deferral agreement has been entered into with the City and recorded on the property. Public agency and private development projects are subject to the requirements of this section.

(1) Applicable projects. The following shall be subject to the provisions of this section:

(i) New construction and rehabilitated landscapes requiring a discretionary land use permit, such as, but not limited to, minor administrative approvals, minor discretionary permits, design review, conditional use permits, or a planned development;

(ii) New construction projects with an aggregate landscape area equal to or greater than five hundred (500) square feet requiring a building permit, encroachment, and/or grading permit;

(iii) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building permit, encroachment, and/or grading permit; or

(iv) Any other projects that are determined to be applicable projects pursuant to the State of California Model Water Efficient Landscape Ordinance (California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance) or Office of the Governor Executive Orders, as may be amended from time to time.

(2) Exempt projects. This section does not apply to:

(i) Interior remodels, tenant improvements, and demolitions;

(ii) Changes of use to any existing building that does not require a discretionary permit; and

(iii) Routine maintenance of existing landscaping.

(c) 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 section.

(d) 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, nonliving ground cover, a low percentage of turf coverage, permeable paving, and water conserving irrigation techniques and systems in accordance with the State of California Model Water Efficient Landscape Ordinance (California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance) or Office of the Governor Executive Orders, as may be amended from time to time.

(e) Process. The Development Services 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 Engineering Services Division or the Building and Safety Division for review and approval prior to the issuance of any building permit. (The plan shall be prepared by a person authorized by the State of California to sign and stamp landscape design drawings or the contractor completing the work.) Where special conditions of design warrant, modifications may be submitted for consideration.

(2) Plan review and approval. The Development Services Department shall review each project and proposed landscape plan for compliance with the landscape and water conservation requirements.

(3) Alternative means of compliance. The Development Services 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.

(f) 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 (b)
R-M	30 (a) (b) (d)
R-H	30 (a) (b) (d)
C-O	15 (b) (c) (d)
C-C	10 (b) (c) (d)
C-H	7.5 (b) (c) (d)
C-T	7.5 (b) (c) (d)
I-BP	7.5 (b) (c) (d)
I	5 (b) (c) (d)

(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 Development Services 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.

(c) In commercial and industrial districts, where a lot larger than ten thousand (10,000) square feet is to be developed in phases, the Development Services 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.

(d) A required “landscape strip” (per the City General Plan “Typical Street Elements and Widths”) abutting the front or corner side yard may be counted toward the landscaping requirement when maintained by the private property owner. Commercial districts shall maintain a minimum landscaped building setback of ten (10') feet from the back of the public sidewalk when the lot is adjacent to a public street, except as otherwise provided in an applicable specific or master plan.

(2) Determination of landscaped areas. In determining landscaped areas, landscaped areas in the setback, 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. Planned landscaping areas within the public right-of-way may be included in the landscaped area provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property. In industrial zoning districts, areas planted along a public right-of-way shall qualify as one and one-half (1-1/2) 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) For all commercial, industrial and multifamily projects, 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 fifty (50%) 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 nonporous surface material poured or laid in sections not exceeding one (1) square foot in area and collectively comprising less than two-thirds (2/3) 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 nonpermeable 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 buildings, 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 planted in landscaped area less than ten (10') feet in diameter shall be planted using a deep root planter in accordance with the adopted Turlock Standards, Specifications and Drawings. 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 (1) 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) Protective barrier. All planting areas abutting a paved or concrete surface shall be protected with raised concrete curbs. All planting areas abutting undeveloped areas shall be protected by either a raised concrete or timber barrier. Openings shall be allowed in the barrier to allow storm water run-off to enter landscaped areas.

(7) 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.

(8) Parking lot landscaping. Parking lots and parking structures shall be landscaped in accordance with Article 2 of this chapter.

(9) 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 section. Planned landscaping within the public right-of-way may be used toward determining the required percentage of landscaping as required in this article provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property.

(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 TMC relating to street trees and in accordance with the street tree planting standards as established by the City Engineer.

(10) Driveway and corner visibility. All landscaping material shall be maintained in accordance with the provisions of TMC 9-2-215: Driveway and corner visibility.

(11) Landscaping along walls. All solid walls over three (3') feet in height that are adjacent to public streets or rights-of-way 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.

(12) 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.

(13) Landscape screening of above-ground equipment. An average three (3') foot high continuous screen shall be provided for all above-ground equipment and utilities greater than two (2') feet in height.

(14) Model homes. For all single-family residential developments, front yard landscaping shall be installed by the developer in all model homes. To promote landscape water conservation through education, the front yard landscaping shall consist entirely of water conservation landscaping and irrigation meeting the following requirements:

(i) Plant materials. Each model home to be landscaped shall contain exclusively low water use plant materials.

(ii) Irrigation system. Each model home shall contain exclusively an irrigation system that provides a high efficiency in water application according to site conditions.

(iii) Signs. Each development with 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 model home such that it is clearly visible to buyers. The sign shall indicate that the model home features a water conservation landscape and irrigation design and shall comply with the State of California Model Water Efficient Landscape Ordinance.

(ab) Interior display. A drawing, or combination of drawings, shall be displayed inside each model home 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 model home yards. A brochure with the same information shall be distributed with the sales information to potential buyers to satisfy this requirement.

(iv) Literature. Additional literature describing water conservation landscaping and irrigation shall also be made available to the potential buyer and displayed. The literature shall include information about designing, installing, managing and maintaining water conservation landscapes.

(15) Landscaping along Highway 99. Wherever property abuts Highway 99, a minimum ten (10') foot deep landscaped bed shall be installed. In cases where the property is part of an approved master or specific plan, the plan document takes precedence over the standards contained in this landscape ordinance. In all cases, the landscaped bed shall include a combination of trees, shrubs, and ground cover.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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 Development Services 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 and 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 Department 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 this chapter (Signs).

(iii) Noise control. The family day care home shall be operated in compliance with the City of Turlock noise regulations, Article 3 of this chapter (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 large family day care permit 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 large family day care permit 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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 TMC (Conditional Use Permits and Variances).

(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.

(1207-CS, Rep&ReEn, 05/28/2015)

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 TMC 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 TMC (Minor Administrative and 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 TMC 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 Development Services 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 TMC 9-2-109, Landscaping and irrigation.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-113 Planned 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 9-5-101 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 (PD). 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 Planning 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 Development Services 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 Development Services 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 from a conditional use permit approved 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.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-114 Permitted locations of 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 the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner’s 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) 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, or 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 shall take place upon a paved driveway or pad designed and installed for such intended use that complies with the requirements, restrictions, and conditions constructed in accordance with TMC 9-2-207, Parking in the R districts.

(iii) Parking is permitted outside in the interior side yard or rear yard provided it is not closer 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. Recreational vehicles, utility trailers, boats, boat trailers, and campers under seven (7') feet in height are not subject to this limitation when they are not located in the front yard and are screened by a solid fence seven (7') feet in height.

(iv) Parking is permitted within the front yard or corner side 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 or corner side yard parking of such a vehicular unit:

1. 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

2. The unit shall be owned by the resident on whose property the unit is parked for storage; and

3. The unit shall be no closer than two and one-half (2.5') feet to any parcel line or lot line.

(2) In all nonresidential areas.

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

(c) 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 seventy-two (72) hours or other incidental or temporary uses as permitted herein. Any permanent connection 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 seventy-two (72) hours.

(d) Owner permission required. Notwithstanding the provisions of subsection (c) of this section, 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.

(e) 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.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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 four (4) or more multifamily dwellings

(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.

(v) Whenever feasible, the recycling or trash enclosure shall be located to minimize visual impacts on adjacent uses, public parks, and public right-of-way, and to reduce noise and odor impacts on adjacent residential areas, public parks, and other sensitive receptors as defined by the San Joaquin Valley Air District.

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

(3) Setbacks. No recycling or trash enclosures shall be located in any front or corner side yard. When located on a property in an R district or on a property abutting an R district, a minimum setback shall be provided as follows: front yard and corner side yard: fifteen (15') feet; rear yard: fifteen (15') feet; side yard: ten (10') feet.

(4) Deviation from standards. The Development Services Director may permit deviations from these standards, when the application of these standards prevents development of the parcel, upon approval of a minor administrative approval in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(d) Existing development guidelines. The following guidelines shall apply to all existing development in R, C, I and P-S 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) of this section.

(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 Development Services 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 TMC (Minor Administrative and Minor Discretionary Permits).

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

(e) Exceptions. The Development Services Director may grant exceptions to this section when the Director finds that existing conditions prevent its practical application upon approval of a minor administrative approval in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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 and its amendments.

(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 fifty thousand (50,000) square feet and including equipment for baling, 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 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
Bulk reverse vending machine and small collection Large collection Light processing Heavy processing	All C, I, and P-S C-H and I I I	Zoning Clearance Minor Discretionary Permit Minor Discretionary Permit Conditional Use Permit

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 P-S

C-H and I

Zoning Clearance

Minor Discretionary Permit

Conditional Use Permit

(d) Permits for multiple sites. The Development Services Director may grant a single site plan permit in accordance with the procedures for a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) 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 Development Services 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, baling, 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 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(ii) Power-driven processing shall be permitted provided all noise-level requirements are met in accordance with Article 3 of this chapter (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 nonflammable 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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 C-H), or P-S 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 unless located on an industrial zoned property that abuts industrial zoned properties on all sides.

(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(14), 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. For the purpose of this section, “release” shall have the meaning provided for in 42 U.S.C. Section 9601(22).

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-118 Screening of mechanical equipment.

Exterior mechanical equipment, except solar collectors affixed to the roof and residential utility meters, shall be screened from public 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 TMC 9-2-101, Accessory buildings or structures.

(1207-CS, Rep&ReEn, 05/28/2015)

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 Development Services 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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-120 Underground utilities.

(a) New utility lines. Underground installation is required of all new electrical, gas, telephone, cable television, and similar utility lines.

(b) Existing overhead lines. Underground installation is required of all existing overhead electrical, gas, telephone, cable television, and similar utility lines which:

(1) Provide direct service to the property(ies) being developed.

(2) Are located within the boundaries of the property(ies) being developed.

(3) Are located between the property line and the centerline of the adjacent street of the property(ies) being developed.

(4) Are located along or within six (6') feet of the front property line of the property(ies) being developed.

(5) Are installed in conjunction with a roadway widening requiring the reconstruction or relocation of existing lines.

(1) Facilities which are installed and maintained for a period not to exceed thirty (30) days to provide emergency service.

(2) Temporary utility facilities used in conjunction with a construction project with an active building permit.

(3) Temporary uses approved pursuant to TMC 9-2-124 (Mobile food facilities) or TMC 9-5-503 (Temporary Uses of Land – Approval) when above-ground installation is allowed by the permit.

(4) Utility facilities that are prohibited to be undergrounded by the rules and regulations of the California Public Utility Commission.

(5) Utility lines providing overhead service lines to adjacent lots requiring modification or undergrounding on a property not controlled by the developer.

(6) Electrical transmission lines (sixty-nine (69) kV and above).

(d) Waivers. The requirement to underground utilities pursuant to this section may be waived by the City Engineer upon a written determination that one (1) or more of the following conditions exist:

(1) Off-site lines are not required to be undergrounded and boring from the opposite side of the street or other public right-of-way is required.

(2) Undergrounding is infeasible or impractical under the physical conditions of the site.

(3) Undergrounding is infeasible or impractical based upon sound engineering and architectural practices.

(4) The project involves only the remodeling of an existing structure(s) where the relocation or replacement of the main service equipment or line is required and the actual cost of the remodeling does not exceed fifty (50%) percent of the appraised value of all existing structure(s) on the property for tax purposes.

(5) When the length of the line(s) abutting or on the property is less than six hundred (600') feet in length and the cost of work to underground the line(s) exceeds twenty-five (25%) percent of the overall cost of the project, exclusive of utility undergrounding, as determined by a method established by the City Engineer.

(e) Variances. The Planning Commission shall have the authority to grant a variance to this section in accordance with the procedures outlined in TMC 9-5-613 et seq. when the following additional requirements are met:

(1) Additional finding for approval. In addition to the findings for granting a variance contained in TMC 9-5-616, the Planning Commission shall also establish that the variance is required to allow for the logical and orderly development of the surrounding area.

(2) Deferral agreement required. In granting a variance to this section, the Planning Commission shall require the developer to enter into a deferral agreement with the City to underground utilities by a specific date or upon demand by the City as a condition of approval.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-121 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 one thousand (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 rights-of-way. Any existing alleyway may be utilized for access.

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

(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 5 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 TMC 9-2-109.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-122 Rental storage facility.

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

(a) A minimum fifteen (15') foot wide landscape strip shall be installed along any street frontage. All landscaping and irrigation systems shall be installed in accordance with TMC 9-2-109, Landscaping and irrigation.

(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 Articles 3 and 4 of Chapter 9-3 TMC.

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

(f) One (1) residential unit may be 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 provided 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 drive aisle throughout the complex 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 this chapter (Signs).

(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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-123 Equipment sales, service, and rentals.

(a) Equipment sales, service, and rentals defined. “Equipment sales, service, and rentals” shall mean the sales, service, 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 minor discretionary permit as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) and with the provisions of 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 TMC 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') foot 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 Development Services 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 this chapter. The number of parking spaces shall be determined by the floor area of on-site structures or as determined by the Development Services Director pursuant to Article 2 of this chapter.

(13) A paved drive aisle shall be provided throughout the facility with a minimum width of twenty (20') feet to provide safe and unobstructed circulation and reduce entrained dust.

(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 TMC 9-2-506(j)(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 this chapter.

(16) Freeway-oriented signage permitted under TMC 9-2-506(j)(4) shall be designed to incorporate the design, materials, textures, and colors used in the building. Pole signs, as defined by TMC 9-2-503, composed of an unadorned, plain metal pole and/or a sign cabinet are prohibited. However, the Development Services 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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-124 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 Health and Safety Code Section 114250.1.

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

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

(3) In considering an application for a permit pursuant to this section, the Development Services 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 C-O commercial office district and the DC downtown core, DCT downtown core transition, and OR office residential overlay districts.

(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) Mobile food facility permit and renewals. The mobile food facility permit shall expire on December 31st each calendar year. Applications received after October 1st of each calendar year shall be given a renewal date that ends on December 31st of the following year. 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 Development Services 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 Development Services 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 (Enforcement). 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 Development Services Director may be appealed as provided by Chapter 1-4 TMC.

(1208-CS, Amended, 05/28/2015; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-125 Cargo containers.

(a) Purpose. The purpose of this section is to allow cargo containers to be placed on private property in a manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood, will achieve community architectural and design standards, and will not become a nuisance to the community.

(b) Permit requirements and exceptions.

(1) Temporary use.

(i) No cargo container permit shall be required when the cargo container is used during construction and a valid building permit is active for the property; provided, that all applicable conditions in subsections (d)(1)(i) through (iv) of this section are met.

(ii) No cargo container permit shall be required to place a cargo container on private property for a period of three (3) months or less; provided, that all conditions of approval applicable to the zoning district listed in subsection (d) of this section are met. For residential uses only, such cargo containers are not required to be screened and may be placed in the front yard on a paved driveway so long as the cargo container does not encroach into the landscaped area, onto sidewalks, or into public rights-of-way, and there is sufficient room to open the garage door to allow access and egress in case of emergency.

(iii) A temporary use of land permit shall be obtained pursuant to Article 5 of Chapter 9-5 TMC (Temporary Uses of Land) for a period of greater than three (3) months but no more than one (1) year; provided, that all of the conditions of approval applicable to the zoning district listed in subsection (d) of this section are met, with the exception that cargo containers screened from public view from the public right-of-way or an adjacent property shall not be required to meet the design requirements of subsection (d)(1)(xi) of this section.

(iv) The cargo container must be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit.

(2) Permanent use.

(i) A cargo container permit shall be required prior to placing a cargo container on private property for more than one (1) year. The approval shall be specific to a location and shall not be transferable to other locations or property. An application for a permit shall be submitted for approval of a cargo container permit not less than thirty (30) days before the use is intended to begin. The application shall be on a form prescribed for that purpose by the Development Services Director, and shall include the written and notarized consent of the owner of the property on which the use is to be located.

(ii) Residential districts. The cargo container permit shall be issued in accordance with the criteria and procedures for a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) and shall meet all applicable standards and conditions in subsection (d) of this section.

(iii) Commercial, industrial, public, and downtown overlay districts. The cargo container permit shall be issued in accordance with the criteria and procedures for a minor discretionary permit as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) and shall meet all applicable standards and conditions in subsection (d) of this section.

(3) Exceptions. Exceptions to the standards in this section may be granted by the Planning Commission upon approval of a conditional use permit pursuant to Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(4) Public right-of-way restriction. No cargo container may be placed in the public right-of-way unless approved through the issuance of an encroachment permit by both the Engineering Division and the Fire Department.

(5) Limitations of use by zoning district. Cargo containers may only be stored for resale or rental purposes in the industrial (I) zoning district in accordance with all permitting requirements and standards of Article 4 of Chapter 9-3 TMC, and are subject to the standards specified in this section and TMC 9-2-112 (Outdoor storage).

(1) Once an application has been accepted as complete, the Development Services Director or designee shall take action within twenty (21) working days. A notice shall be sent to the applicant if the application is deemed incomplete. If no response is provided by the applicant within six (6) months of receiving an incomplete notice, the application shall be expired and the applicant will be required to submit a new application and fee.

(2) For purposes of application processing, any application for a cargo container permit 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 Development Services Director or designee shall refer the permit application to City departments and any other agencies deemed appropriate by the Development Services Director.

(4) In considering an application for a permit pursuant to this section, the Development Services Director or designee shall approve the permit only if the following findings are made and subject to the limitations and conditions of this section:

(i) The proposal is consistent with the General Plan, the zoning ordinance, the design guidelines, and any other applicable plans or standards applicable to the property; and

(ii) The proposal meets all of the applicable design standards and provisions of this section; and

(iii) The proposal is in harmony with the existing or proposed development in the general area or neighborhood and will be compatible with adjacent structures and uses, including those on adjoining properties; and

(iv) That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, walls, fences, parking, loading, landscaping, and other features required by the Turlock Municipal Code or the Planning Commission to make sure such use is compatible with the land and uses in the vicinity; and

(v) Any structural element contained within the proposal is of high quality design consistent with the intent of the City Design Element of the Turlock General Plan and the exterior design, appearance, materials, and colors will not cause the nature of the neighborhood to materially depreciate; and

(vi) The proposal will not otherwise constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community.

(d) Conditions of approval.

(1) Conditions applicable in all zoning districts. In authorizing any permit for a cargo container, the Development Services Director shall include as conditions of approval the following minimum provisions:

(i) Accessory use. A cargo container may be erected on a property when the use thereof is clearly incidental and secondary to the primary use of the property: For purposes of this section, a cargo container shall not be issued for a property where there is no approved and constructed primary building.

(ii) Height. Cargo container(s) shall not be stacked and shall not be greater than ten (10') feet in height including the foundation system, as measured from the property grade.

(iii) Setbacks. Cargo container(s) shall meet all applicable setback requirements and are not permitted in front yard setback area unless provided otherwise in subsection (d)(2) of this section.

(iv) Location. The proposed location shall not interfere with other uses, clear vision triangle, pedestrian/vehicular visibility, required parking, landscaping, or circulation on the property, or create any other safety problem. The cargo container(s) shall not be placed in a “fire lane” or other fire access lanes. The cargo container(s) must be accessible by a paved drive aisle.

(v) Contents. No hazardous materials or combustible or flammable liquids may be stored in the container.

(vi) Screening. Cargo container(s) shall be screened from view from the public right-of-way and from view of adjacent residential uses or districts using methods such as, but not limited to, line of sight behind buildings or walls with landscaping and construction of walls with vines.

(vii) Number and size. Cargo containers shall be allowed pursuant to the number and size limitations and allowances listed below:

(aa) Residential (R-E, R-L, R-M, R-H) districts. The number shall be limited to one (1) container no greater than one hundred twenty (120) square feet in area and the dimension may not exceed fifteen (15') in length.

(ab) Commercial (C-C, C-H, C-T, TC overlay district), industrial (I, I-BP, IR overlay district), and public/semi-public (P-S) zones when adjacent to a residential use or a residential (R-E, R-L, R-M, R-H) zone; the office residential (OR) and downtown core transition (DCT) overlay districts; and the commercial office (C-O) zone. The number shall be limited to one (1) container no greater than ten (10%) percent of the total gross floor area of the existing buildings or one hundred twenty (120) square feet in area, whichever is less, and may not exceed fifteen (15') feet in length.

(ac) Community commercial (C-C), heavy commercial (C-H), and commercial thoroughfare (C-T) districts; and the downtown core (DC) and transitional commercial (TC) overlay districts. If not otherwise restricted, the number shall be limited to one (1) container no greater than five (5%) percent of the total gross floor area of the existing buildings or three hundred twenty (320) square feet in area, whichever is less, and may not exceed forty (40') feet in length.

(ad) Industrial (I), industrial business park (I-BP), and public and semi-public (P-S) districts, and the industrial residential (IR) downtown overlay district, less than one (1) acre in size. If not otherwise restricted, the number shall be limited to one (1) container no greater than five (5%) percent of the total gross floor area of the existing buildings or three hundred twenty (320) square feet in size, whichever is less, and may not exceed forty (40') feet in length.

(ae) Industrial (I), industrial business (I-BP) park, and public and semi-public (P-S) districts, and the industrial residential (IR) downtown overlay district, one (1) acre or more in size. If not otherwise restricted, the total floor area of cargo containers may not exceed five (5%) percent of the total gross floor area of existing buildings on the same property and must meet the floor area limitation of the applicable zoning district.

(viii) Signs. No advertising or directional signs shall be mounted, painted, or displayed on the container except that temporary containers may display the rental or leasing company name and/or logo permanently affixed or painted on the container.

(ix) Building permit. A building permit shall be required for any cargo container greater than one hundred twenty (120) square feet in size unless otherwise determined by the Chief Building Official. Doors shall not be modified to restrict persons from freely exiting the cargo container.

(x) Foundation system. The foundation system shall be reviewed and approved by the Chief Building Official. Cargo container(s) may be placed on a paved surface upon approval of the Chief Building Official. In industrial districts, when containers are the item being stored, cargo container(s) may be placed on a paved or all-weather surface upon approval of the Chief Building Official.

(xi) Design. All applicable development standards and design guidelines for the zoning district shall apply. When not located within the public view from the public right-of-way or an adjacent property, the cargo container may be painted to match the primary building to achieve architectural compatibility.

(xii) Property owner written consent required. A tenant shall obtain the prior written and notarized consent of the property owner before placing a cargo container on any property.

(2) Exceptions to setback requirements. Exceptions to the setback requirements may be granted by the Development Services Director upon the issuance of the minor exception pursuant to Article 4 of Chapter 9-5 TMC and upon providing a notification to adjoining properties of not less than ten (10) calendar days. Any comments received during this notification process shall be considered in making the findings for approval for the minor exception.

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

(f) Suspension or revocation of cargo container permit. A cargo container permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC (Enforcement).

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

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-126 Electrified fences.

(a) Purpose. The purpose of this section is to allow electrified fences to be placed on private property in a manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood, will be compatible with community design standards, and will not become a nuisance to the community.

(b) Permit required. Electrified fences are allowed in I-BP (industrial business park) and I (industrial) districts upon the approval of a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits), subject to the standards and conditions contained in this section.

(c) Location. The fence shall be located at least fifty (50') feet from a residence, school, day care facility, or park land, or any property zoned for such uses.

(d) Perimeter fence required. The electrified fence may not be used as a perimeter fence. A nonelectrified fence shall completely surround the electrified fence. The electrified fence shall be set back at least twelve (12") inches from a nonelectrical perimeter fence.

(e) Setbacks. The fence shall not be located within required setback areas (front, side, or rear).

(f) Height. The maximum height shall be ten (10') feet.

(g) Construction. The fence shall be constructed of horizontal wires with minimal vertical support to minimize visual impact.

(h) Energy source. The energy source shall not exceed twelve (12) volts.

(i) Warning signs. Warning signs, a minimum of thirty-six (36) square inches in size, shall be mounted every fifty (50') feet, with a minimum of one (1) per side, no higher than five (5') feet from the ground, or in accordance with the California Building Code, whichever is more stringent.

(j) Compliance with all laws and regulations. The electrified fence shall meet all California Building Code, California Fire Code, Fire Department, and Police Department requirements, as well as all applicable Federal, State, and local laws throughout the construction, installation, and operation of the electrified fence.

(k) Hold harmless agreement. The applicant and property owner shall enter into an agreement holding the City of Turlock harmless from all legal actions that relate directly or indirectly to the electrified fence. The agreement shall be recorded with the property and shall release the City of Turlock from any and all liability.

(l) Ongoing maintenance required. The area around the electrified fence shall be kept clear of all vegetation and litter to avoid fires.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-127 Drive-through facilities.

In addition to any other permitting requirements contained in this title, any use that includes a drive-through facility shall also meet all of the following development standards:

(a) No more than two (2) lanes are permitted per drive-through facility.

(b) Lane(s) shall be located at least one hundred (100') feet from a residential district.

(d) Lane(s) shall be screened with a decorative masonry wall landscaped with vines, landscaped berm, or a landscaped hedge, or any combination thereof, at least three (3') feet in height to minimize visibility to the public right-of-way.

(e) No more than two (2) menu boards are permitted per lane.

(f) Lane(s) shall provide a minimum stacking distance of at least four (4) vehicles between the entrance to the lane and the menu board closest to the pick-up window, and between the closest menu board to the pick-up window and the pick-up window. When no menu board is used, the lane(s) shall provide a minimum stacking distance for six (6) vehicles between the entrance to the lane and the pick-up window.

(g) Lane(s) shall be designed to avoid stacking in a driveway or parking lot drive aisle that directly connects to a public street.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-128 Attention-getting devices in certain commercial zoning districts.

Except as otherwise provided in this section, the display or installation of banners, pennants, buntings, inflatables, streamers, flags, air- or wind-activated signs (such as sky dancers and blowers), mechanical devices, devices that are mobile, rotate, move, flash, wave, streamers, or emit light, and other similar devices intended to draw attention to a site are prohibited in all zoning districts, except that in the community commercial, heavy commercial and commercial thoroughfare zoning districts, and in the transitional commercial downtown overlay district, approved vehicle retail sales lots, where the primary purpose of the property is the outdoor display and sale of new or used automobiles, trucks, vans, motorcycles, trailers, recreational vehicles, farm equipment, construction equipment, and the like, may install such devices on private property subject to the following conditions:

(a) Air- or wind-activated devices (such as sky dancers and blowers), mechanical devices, and other devices that move, flash, wave, or emit light are not permitted.

(b) Allowable devices shall be limited to nonmetallic banners, pennants, inflatables, and streamers except that nonmetallic helium balloons and other inflatables may be displayed on weekends (Friday 12:00 noon through Sunday midnight) provided they do not exceed fifty (50') feet in height or project over the public right-of-way.

(c) Pennants and streamers shall be securely mounted to the building or on permanently installed light pole meeting California Building Code requirements. Such signs shall not be mounted directly to the ground.

(d) Devices shall be mounted so that no part of the device or any material attached thereto is closer than eight (8') feet from the ground.

(e) Devices shall only be placed on the property where the vehicles are being sold and shall not be located off site.

(f) Devices shall not be placed in the public right-of-way or on City-owned property, and may not project over the public right-of-way.

(g) Devices shall not be located in the clear vision triangle as established in the City of Turlock Standard Specifications and Drawings, or otherwise constitute a visibility or public safety hazard. Under such circumstances, the device may be immediately removed by City personnel and shall be disposed of at the cost of the property owner.

(h) Devices shall be maintained in a clean and neat condition with replacement as necessary to ensure they do not become dirty, loose or tattered.

(i) Such devices shall not display a commercial advertising message. Any such device containing a commercial message shall be considered a sign and shall be subject to regulation pursuant to Article 5 of this chapter (Sign Regulations for Private Property).

(1237-CS, Added, 12/28/2017)

Article 2. Off-Street Parking and Loading Regulations

9-2-201 Specific purposes.

In addition to the general purposes listed in Article 1 of Chapter 9-1 TMC, 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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.

(1207-CS, Rep&ReEn, 05/28/2015)

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. A paved driveway, driveway approach, and/or drive aisle shall be provided to connect parking spaces to the public street. Such driveways shall comply with the development standards contained in this article.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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.

(1207-CS, Rep&ReEn, 05/28/2015)

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 article 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-207 Parking in the R districts.

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) Paved driveway and parking space required. All parking spaces and driveways shall be paved. All vehicles, trailers, and campers shall park on a paved driveway or parking space. 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) Parking incidental to residential use. 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) Use of parking space. All parking areas shall be used solely for the parking of private passenger vehicles except as provided in TMC 9-2-114.

(d) Yard setback restriction. No parking space(s) required pursuant to TMC 9-2-209 shall take place in a front, corner side, side, or rear yard, except as provided in TMC 9-2-114. When a rear property line abuts a public alley and the parking space(s) is (are) accessed from the public alley, the rear yard restriction may be waived by the Director of Development Services.

(e) Driveways. Driveways shall comply with the following design standards and permitting requirements:

(1) Driveway width. Driveways may range from a minimum of ten (10') feet (for single vehicles) to a maximum of thirty (30') feet (for three (3) vehicles) in width. The width shall be determined based on the number of garage door openings (or the equivalent in covered or open parking areas).

(2) Driveway setback. Driveways may encroach into a required side yard when the closest edge of the driveway is no closer than two and one-half (2-1/2') feet to an interior side property line and the required parking is provided in accordance with this article. The area between the driveway and the property line shall be landscaped.

(3) Additional driveway storage areas. Driveways may be widened up to ten (10') feet for the purposes identified in TMC 9-2-114 provided the additional storage areas meet the standards and conditions contained in that section.

(4) Ribbon driveways. Ribbon driveways, planted with turf or decomposed granite between the concrete strips, are permitted subject to the City’s Standard Specifications and Drawings.

(5) Circular driveways. Circular driveways with a secondary driveway approach may be permitted for lots with more than sixty-five (65') feet of lot frontage. That portion of the circular driveway that does not lead to the required parking space(s) shall be no greater than ten (10') feet in width. To determine the width and outer edge for a ribbon driveway, the width and outer edge shall be determined using the centerline of the ribbon driveway. The closest edge of the circular driveway shall be no closer than two and one-half (2-1/2') feet to an interior side yard property line. The curve radius of the driveway shall be no less than twenty-five (25') feet. At least twenty-two (22') feet of frontage shall be provided between the inner edges of the two (2) driveway approaches, measured at the curb.

(6) Lot frontage restrictions. All driveways shall be constructed with a driveway approach approved by the Engineering Division. Driveway approach(es) shall not utilize more than forty (40%) percent of the lot frontage.

(7) Front yard coverage. The total paved area for all driveways and other vehicle storage areas shall not utilize more than fifty-five (55%) percent of the area of the front yard area. The front yard area shall be calculated as the area between the property line and the required front yard setback and the two (2) side property lines.

(f) Land use permit required. Prior to constructing a circular driveway or widening a driveway pursuant to subsection (e) of this section, the property owner shall obtain approval of a minor administrative approval pursuant to Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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

(a) When a fence does not separate a parking area or drive aisle from any street or alley, a concrete curb or 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 drive 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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) Alternative methods for determining parking space requirements. For developments with a known occupant and use, the Development Services Director may utilize alternative methods, such as the Institute of Transportation Engineers Parking Generation Manual, parking surveys conducted at similar locations by the occupant, parking ratios used by other jurisdictions, and other studies, to establish the number of off-street parking spaces required for a particular use.

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

(d) 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 Development Services 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 Development Services 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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

All parking facilities shall comply with the requirements of the California Building 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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-211 Bicycle parking.

(a) Where Required. Bicycle parking spaces shall be provided for all commercial, industrial, public, and semipublic uses in accordance with this section and the California Building Code and Green Building Standards Code. Where these codes are more stringent, the codes shall prevail over the standards in this section. Bicycle parking shall be in addition to automobile parking spaces.

(b) Number Required.

(1) Commercial and industrial use classifications. The number of bicycle parking spaces provided shall be a minimum of ten (10%) percent of the number of automobile parking spaces, with a minimum of one (1) two (2) bike capacity rack. In addition, for buildings with more than ten (10) tenant-occupants that add ten (10) or more vehicular parking spaces, secure bicycle parking for five (5%) percent of additional motorized vehicle parking spaces shall be provided, with a minimum of one (1) space. Acceptable secure parking facilities shall be constructed in accordance with the California Green Building Standards Code and the City of Turlock Standard Specifications and Drawings.

(2) Public and semipublic use classifications. The number of bicycle parking spaces shall be provided as specified by a minor administrative permit issued in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(c) Design Requirements. For each bicycle parking space required, secure bike parking facilities shall be provided to which a user can secure the bicycle. Bicycle parking facilities may consist of either a freestanding bicycle rack or a wall-mounted bracket; provided, that it complies with the City of Turlock Standard Specifications and Drawings. Bicycle parking shall be provided in open areas near building entrance(s) providing public and employee access to the building and shall not interfere with pedestrian or vehicular circulation. When the employee entrance is separated from the public entrance, bicycle parking spaces shall be provided at both access points to the building.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-213 Parking configuration and aisle dimensions.

Parking spaces, driveways, and drive aisles shall be designed in accordance with the City of Turlock Standard Specifications and Drawings. When an applicant can demonstrate to the satisfaction of the Development Services Director that variations on the dimensions required in these standards are necessary, a specific parking area design may be approved, subject to a minor administrative approval obtained in accordance with Article 3 of Chapter 9-5 TMC; provided, that the parking area design will not impede the flow of vehicles, reduce pedestrian safety, or hinder loading or unloading.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-214 Parking lot design standards.

Parking lots for commercial, multifamily residential, industrial, and public uses shall have paving, drainage, wheel stops, curbing, lighting, space marking, and directional signs, which shall be subject to approval of the Development Services Director or designee. In reviewing the design of parking structures, the Development Services Director or the Planning Commission, as the case may be, shall consider the compatibility of the design with adjacent buildings or uses. The review of the parking lot design shall be incorporated into the applicable development review process, whenever possible.

The parking lot shall meet the following minimal design standards, as applicable:

(a) Driveways shall be provided between parking spaces and the street. A driveway approach shall be required for all driveway connections to the street unless exempted by the City Engineer. All driveways shall be paved. Permeable surfaces may be used if the City Engineer determines that the surface is structurally equivalent to a paved surface.

(b) Driveway approaches shall meet City of Turlock standards.

(d) Drive aisles within approved outdoor storage areas may be constructed of an all-weather surface when appropriate markings delineating drive aisles and/or parking spaces are provided and access by the general public is restricted by a permanent barrier.

(e) Wheel stops shall be installed to prevent vehicular encroachment into the public right-of-way, pedestrian paths and sidewalks, and to prevent collision with any above-ground obstacles.

(f) Raised concrete curbing shall be provided to prevent vehicular encroachment into landscaping. Openings shall be permitted in the curbing to allow storm water runoff to enter the landscaping.

(g) Parking spaces in industrial districts may be constructed of an all-weather surface when appropriate markings delineating aisles and spaces are provided.

(h) A maximum of thirty (30%) percent of the total parking spaces may be constructed as compact spaces.

(i) Parking spaces shall be located no closer than three (3') feet to any building, above-ground equipment, or any other obstacle. A three (3') foot area surrounding the obstacle shall be striped. Bollards or wheel stops shall be provided in parking spaces adjacent to the obstacle to prevent vehicles from entering the striped area.

(j) The preferred parking space marking is double-striping to improve the efficiency of the parking area; however, single striping may be used.

(k) The parking area shall meet any additional requirements required by the California Building Code and/or the City of Turlock Standard Specifications and Drawings.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-215 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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-216 Parking lot landscaping.

Parking lots and parking structures shall have interior and perimeter landscaping areas as prescribed by the following:

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

(1) If abutting an expressway: twenty (20') feet.

(2) If abutting an arterial: fifteen (15') feet.

(3) If abutting a collector: fifteen (15') feet.

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

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

(c) An average three (3') foot high (minimum of two and one-half (2-1/2') feet and maximum of three and one-half (3-1/2') feet) 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:

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

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

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

(d) Interior landscaped areas shall be a minimum of five (5') feet in width and length (minimum of twenty-five (25) square feet for tree wells), exclusive of curbs.

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

(f) 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. Parking lot trees shall provide a shade canopy covering fifty (50%) percent of the parking spaces within fifteen (15) years.

(g) All planting areas within or abutting a parking lot shall be protected with raised concrete curbs. Openings shall be allowed in the curbing to allow storm water runoff to enter the planting areas.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-217 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 Development Services 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.

(1207-CS, Rep&ReEn, 05/28/2015)

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 Development Services Director. A required loading space shall be accessible without backing a truck across a street property line unless the Development Services 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 C-H 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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-219 Parking area plan required.

Prior to the construction of an off-street parking area for a nonresidential use or a multifamily dwelling with more than four (4) units, a plan shall be submitted to the Development Services Director for the purpose of indicating compliance with the provisions of this article. The plan shall be reviewed and approved in accordance with the procedures for a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits). 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;

(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.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 3. Nonconforming Structures and Uses

9-2-301 Specific purposes.

This article limits the number and extent of nonconforming uses by limiting their enlargement, their reestablishment 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.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-401)

9-2-302 Nonconforming uses.

(a) Defined. A nonconforming 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) The reestablishment of a legal nonconforming use or the substitution of a nonconforming use of another nonconforming use of the same or more restrictive classification may be made upon approval of a minor discretionary permit in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits). 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. Nonconforming uses not meeting these requirements may be allowed upon approval of a conditional use permit in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(2) The repair, maintenance, remodel, alteration, and replacement of a structure used for a nonconforming use (and/or site improvements) may be 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 may be allowed 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 by more than one thousand (1,000) square feet, or more than twenty-five (25%) percent of the existing structure’s floor area or lot area, whichever is greater, may be allowed upon approval of a conditional use permit in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(ii) Structural improvements that enlarge or expand an existing structure used for a nonconforming use and/or the expansion or enlargement of the site by no more than one thousand (1,000) square feet or no more than twenty-five (25%) percent of the existing structure’s floor area or lot area, whichever is greater, may be allowed upon approval of a minor discretionary permit in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(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.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-402)

9-2-303 Nonconforming structures.

(a) Defined. A nonconforming structure is any building or structure that does not comply with one (1) 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 TMC 9-2-520, 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 used may be allowed as follows:

(i) Structural improvements that enlarge or expand an existing structure by more than one thousand (1,000) square feet, or more than twenty-five (25%) percent of the existing structure’s floor area or lot area, whichever is greater, may be allowed upon approval of a conditional use permit in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(ii) Structural improvements that enlarge or expand an existing structure by no more than one thousand (1,000) square feet or no more than twenty-five (25%) percent of the existing structure’s floor area or lot area, whichever is greater, may be allowed upon approval of a minor discretionary permit in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(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.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-403)

9-2-304 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 obtained in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-404)

9-2-305 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 article 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 Development Services 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 Chapter 1-4 TMC.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-405)

9-2-306 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.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-406)

9-2-307 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 Planning Commission as a conditional use pursuant to the provisions of Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances). Except as otherwise provided in this article, 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.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-407)

9-2-308 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 the ordinance codified in this title, or of any amendment to the provision of this article, the construction of which building, conforming with such plans, shall have been started prior to the effective date of the ordinance codified in this title, 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.

(1237-CS, Amended, 12/28/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-408)

Article 4. Sign Regulations for Public Property

9-2-401 Purpose and proprietary capacity.

This article regulates signage in the public right-of-way and on other City-owned public property. In adopting this article, the City Council acts in its proprietary capacity as to City property. This article is adopted pursuant to the City’s general powers, property rights, California Government Code Sections 65850(b), 38774, and 38775, California Business and Professions Code Section 5200 et seq., California Civil Code Section 713, and California Penal Code Section 556 et seq.

(1237-CS, Added, 12/28/2017)

9-2-402 General provisions.

(a) Signs in the public right-of-way or on City property are permitted as set forth in this article.

(b) Property and facilities located within the public right-of-way, such as utility poles, walls, benches, hydrants, bridges, sidewalks, traffic sign posts, and similar structures, are not by tradition or designation a forum for communication by the general public. The City Council wishes to preserve the use of these structures exclusively for their intended purpose, which is the safe, efficient, and pleasant movement of vehicular and pedestrian traffic, and the safe operation of utility systems.

(c) The regulations and prohibitions of this article are necessary to preserve items and structures located within the public right-of-way for their intended purposes, and to prevent the visual clutter, blight, and traffic hazards caused by signs.

(1237-CS, Added, 12/28/2017)

9-2-403 Signs prohibited in the public right-of-way.

Signs are generally prohibited in the public right-of-way.

(a) Except as otherwise provided in this article, no person shall paint, mark, or write on; post or otherwise affix or erect; or construct, maintain, paste, nail, tack or otherwise fasten or affix any sign, including temporary signs, on City property, in the public right-of-way or on any sidewalk, crosswalk, curb, parkway, street, wall, lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light pole, power pole, or telephone wire pole, or any wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located in the public right-of-way.

(b) Except signs that are mounted in accordance with California Vehicle Code Section 21100(p)(2), vehicle mounted signs are not permitted. Signs must be permanently affixed to the body of, an integral part of, or a fixture of, a motor vehicle for permanent decoration, identification, or display. Signs shall not extend the body of the vehicle in any way. The signs must be painted directly on the body of the vehicle, applied as a decal on the body of a motor vehicle, or placed on a location of the body of the motor vehicle that was specifically designed by a vehicle manufacturer. This exemption shall not apply to advertising billboards, A-frame signs, trailer-mounted signs or other advertising structures that are mounted onto, and are not an integral part of, the motor vehicle.

(c) This section shall not prevent a public officer or employee from posting notices as required by law, such as notices of street abandonment or notices of proposed assessment district proceedings, as required by the Streets and Highways Code, or other statutory authority or from posting or affixing signs necessary for the conduct of City business or City events. This section shall also not pertain to structures located within the right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertisement is authorized, and newspaper racks; provided, that such structures shall have either been placed in the right-of-way by the City or shall have been placed in the right-of-way only after issuance of an encroachment permit pursuant to Article 3 of Chapter 7-2 TMC.

(1237-CS, Added, 12/28/2017)

9-2-404 Signs permissible in the public right-of-way or on City property.

The following signs may be erected and displayed in the public right-of-way or on City property:

(a) Traffic control and traffic directional signs erected by the City or another governmental unit.

(b) Warning and emergency signs.

(d) Signs placed by the City in furtherance of its governmental functions.

(e) Electronic signs established by the City or a state agency within the public right-of-way for traffic and emergency purposes.

(f) Signs allowable under TMC 9-2-405 (Temporary signs displaying noncommercial messages), 9-2-406 (Temporary signs for City authorized events), 9-2-407 (City authorized streetlight banners), 9-2-408 (Temporary signs within parks), 9-2-409 (Signs within City facilities), 9-2-410 (Transit facility signs), 9-2-411 (Community directional wayfinding signs), and 9-2-412 (Downtown core overlay district).

(1237-CS, Added, 12/28/2017)

9-2-405 Temporary signs displaying noncommercial messages.

In areas qualifying as public forums, private persons may display noncommercial message signs thereon; provided, that such signs conform to all of the following:

(a) The signs must be personally held by a person or personally attended by one (1) or more persons. “Personally attended” means that a person is physically present within five (5') feet of the sign at all times.

(b) The signs may be displayed at any time of the day.

(c) The maximum aggregate size of all signs held or personally attended by a single person is twelve (12) square feet measured on one (1) side only.

(d) The maximum size of any one (1) sign which is held or personally attended by two (2) or more persons is thirty-two (32) square feet, measured on one (1) side only.

(e) The sign must have no more than two (2) display faces and may not be inflatable, air-activated, internally illuminated, electronic, flashing, rotating, or made of any other materials that are mobile or move, and shall not be constructed of any material(s) that could pose a threat to persons or property.

(f) Apparel and other aspects of personal appearance not containing a commercial message shall not count toward the maximum aggregate sign area.

(g) In order to serve the City’s interests in traffic flow and safety, persons displaying signs under this section may not stand in any roadway, and persons displaying signs on public sidewalks must provide an unobstructed and continuous path at least four (4') feet in width for pedestrians to pass by. Persons holding signs may not obstruct the clear vision triangle, as defined in the City of Turlock Standard Specifications and Drawings.

(1237-CS, Added, 12/28/2017)

9-2-406 Temporary signs for City authorized events.

A temporary sign may be erected and maintained in the public right-of-way or on City property for the purpose of advertising a City authorized event; provided, that:

(a) Temporary signs shall comply with general standards established by the Parks, Recreation and Public Facilities Director. The standards shall include the location, number, size, shape, color, materials, display period, method of construction, and any other aspect of the signs determined by the Parks, Recreation and Public Facilities Director;

(b) The Parks, Recreation, and Public Facilities Director may require payment for the use of the sign display area;

(d) The proposed sign shall only be placed at the location approved by the Parks, Recreation, and Public Facilities Director including, but not limited to, a City building, or in, above or across a public right-of-way;

(e) The proposed sign shall not be illuminated and shall not contain moving parts;

(f) The proposed sign shall be made of a nonmetallic, weather-resistant material; and

(g) The proposed sign shall not constitute a traffic safety hazard to motorists or pedestrians.

(1237-CS, Added, 12/28/2017)

9-2-407 City authorized streetlight banners.

(a) Purpose. City authorized streetlight banners serve the purpose of promoting a business area, events open to the general public, or other City programs established by City Council resolution. Such banners shall not be used for advertising purposes for individual businesses, corporations, or subdivisions. A banner sign program shall establish the number and location of each sign, the display period and schedule for installation and removal, a drawing of the actual sign including copy, and information for any special events advertised on the sign. In addition to the requirements listed below, a banner sign program shall be required to obtain City authorization.

(b) Requirements. Streetlight banner sign(s) shall comply with all of the following requirements:

(1) The proposed banners shall be located only on existing City streetlight standards;

(2) The proposed banners shall comply with general standards promulgated by the Parks, Recreation and Public Facilities Director. The general standards shall address the location, number, size, shape, color, materials, display period, method of construction, and any other aspect of the signs determined by the Parks, Recreation and Public Facilities Director;

(3) The proposed banners shall be constructed of weather-resistant materials and shall be maintained in a neat and intact (i.e., not torn or tattered) fashion; and

(4) The proposed banners shall not constitute a traffic safety hazard to motorists, bicyclists, or pedestrians.

(1237-CS, Added, 12/28/2017)

9-2-408 Temporary signs within parks.

A temporary sign which is located within a public park shall comply with general standards promulgated by the Parks, Recreation and Public Facilities Director. The general standards shall address the location, number, size, shape, color, materials, display period, method of construction, and any other aspect of the signs determined by the Parks, Recreation and Public Facilities Director. The Parks, Recreation and Public Facilities Director may require payment for the use of the sign display area(s).

(1237-CS, Added, 12/28/2017)

9-2-409 Signs within City facilities.

A sign may be erected and maintained within a City facility for commercial advertising purposes; provided, that:

(a) The sign complies with general standards established by the Parks, Recreation and Public Facilities Director which shall include the location, number, size, shape, color, materials, display period, method of construction, and any other aspect of the signs determined by the Parks, Recreation and Public Facilities Director;

(b) The Parks, Recreation and Public Facilities Director may require payment for the use of the sign display area;

(c) The Parks, Recreation and Public Facilities Director shall not approve a location where the purpose and intent of the sign is to communicate a commercial message beyond the boundary of the City property on which the public facility is located;

(d) The proposed sign shall not be illuminated and shall not contain moving parts; and

(e) The proposed sign shall be made of a nonmetallic, weather-resistant material.

(1237-CS, Added, 12/28/2017)

9-2-410 Transit facility signs.

Signs placed on publicly owned and operated transit facilities (e.g., transit vehicle(s), shelter(s), bench(es) or kiosk(s)) may be permitted by the Development Services Director. The Development Services Director shall promulgate general standards regarding the location, number, size, shape, color, materials, display period, method of construction, and any other aspect of the signs determined by the Development Services Director. The Development Services Director may require payment for use of sign display area.

(1237-CS, Added, 12/28/2017)

9-2-411 Community directional wayfinding signs.

The intent of this program is to provide assistance to motorists and pedestrians in navigating the City and providing access to tourist-oriented destinations, regional attractions, parks, historic and cultural sites, and other public venues within City limits. In furtherance of this program, the Development Services Director shall be responsible for developing guidelines and standards for such signs, subject to City Council approval, including, but not limited to, administrative procedures, selection of destinations to identify through the program, and sign location and design criteria.

(1237-CS, Added, 12/28/2017)

9-2-412 Downtown core overlay district.

(a) Findings. The downtown core overlay district was adopted by the City of Turlock to promote its historic character by enhancing the pedestrian environment and maintaining the historic pattern of development. The downtown core zoning district is the only zoning district where the City does not require front, side or rear yard setbacks which reflects the historic pattern of development in this zoning district. Buildings are located immediately adjacent to the public right-of-way preventing property owners from constructing monument signs to enhance the visibility of commercial businesses to motorists. Recognizing these unique and exceptional constraints on commercial advertising, the City enacted TMC 9-4-104(b) which places restrictions on the installation of freestanding signs but allows for the use of A-frame signs within the public right-of-way for the downtown core overlay district.

(b) Development standards. A-frame signs shall be permitted without a sign permit provided the following conditions are met:

(1) The sign is located immediately in front of the property on which the tenant is located;

(2) The property owner has provided written permission to the tenant to utilize the space;

(3) The total area of the all tenant signs shall not occupy more than twenty-five (25%) percent of the property frontage;

(4) The A-frame sign shall have no more than two (2) sides;

(5) The overall size of the A-frame sign shall not exceed two (2') feet in width and four (4') feet in height;

(6) The sign shall be constructed of durable materials similar to those found on the building or wall signs; and

(7) The sign shall not be placed on the public sidewalk in such a manner as to violate California or Federal accessibility laws or otherwise present a danger to pedestrians or other uses of the public right-of-way.

(1237-CS, Added, 12/28/2017)

Article 5. Sign Regulations for Private Property

9-2-501 Short title and authority.

This article regulates signage in private property. This title shall be known and may be cited as “the Sign Ordinance of the City of Turlock” and is adopted pursuant to California Government Code Sections 65850(b), 38774, and 38775, California Business and Professions Code Section 5200 et seq., California Civil Code Section 713, and California Penal Code Section 556 et seq. and other applicable State laws.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-502 Regulatory scope.

This article regulates signs, as defined herein, when they are on private property or otherwise project from private property over or into City property. The provisions of this article do not regulate the message content of the signs (“sign copy”) regardless of whether the message content is commercial or noncommercial.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-503 Legislative findings.

The City Council adopts the ordinance codified in this article based upon the following findings:

(a) Signs are an essential element of any community. As such, their location, number, size, design, and relationship to each other and to other structures have a significant influence upon a community’s appearance and welfare, and a resultant effect upon a viewer’s perception of the community. Signs serve a useful purpose in communicating messages, whether commercial, noncommercial, or merely informational.

(b) Where signs are not properly regulated and maintained, they contribute to visual clutter, confusion, aesthetic blight, and create an unpleasant impression. They may cause traffic hazards and impede rather than enhance commerce and communication. In such situations, signs may fail to achieve their original objective of communication. Failure to appropriately regulate signs adversely affects the public health, safety and welfare.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-504 Purpose and intent.

The purpose of this article is to create a comprehensive and balanced system of sign regulation which will facilitate communication and simultaneously serve various public interests, including but not limited to safety and community aesthetics. It is the intent of this title to authorize the use of signs which:

(a) Promote commerce.

(b) Protect freedom of speech.

(d) Encourage a desirable urban character consistent with the General Plan.

(e) Preserve and improve the appearance of the City as a place to live, work and visit.

(f) Do not interfere with vehicular traffic and the safety of drivers, passengers and pedestrians.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-505 Severability.

If any section, sentence, clause, phrase, word, portion or provision of the ordinance codified in this article is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of said ordinance which can be given effect without the invalid portion. In adopting said ordinance, the City Council affirmatively declares that it would have approved and adopted said ordinance even without any portion which may be held invalid or unenforceable.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-506 Message substitution.

Subject to the property owner’s consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this article. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a property, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-507 Policies for sign regulation.

(a) Violation. It shall be unlawful for any person to erect, construct, maintain, place or display a sign unless the sign conforms to the provisions of this article, unless the sign is exempt from the permit requirement pursuant to TMC 9-2-514 (Exempt signs). Prohibited signs shall include, but are not restricted to, the categories of signs set forth in TMC 9-2-513 (Prohibited signs).

(b) Enforcement. The requirements of this article shall be enforced under the provisions of Article 11 of Chapter 9-5 TMC (Enforcement), Chapter 2-11 TMC (Administrative Citations), and/or Chapter 5-5 TMC (Nuisance Abatement), as determined by the Director.

(c) Regulatory interpretations. All regulatory and administrative interpretations of this article are to be exercised in light of the City’s message neutrality and message substitution policies. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this title, or whenever a sign does not qualify as a “structure” as defined in the zoning regulations or building codes, then the director shall approve, conditionally approve or disapprove the application based on the most similar sign type that is expressly regulated by this article, in light of the policies stated in this article.

(d) Distinction between on- and off-site signs. Within this article, the distinction between on-site (or on-premises or point-of-sale) and off-site (or off-premises or non-point-of-sale) applies only to commercial messages. All signs permitted by this article are on-site signs unless specifically described as off-site signs.

(e) Billboard and electronic message board policy. New billboards or electronic message boards are prohibited. The City completely prohibits the construction, erection or use of any billboards or electronic message boards, other than those which legally exist in the City at the time the ordinance codified in this article is enacted. No permit shall be issued for any billboard or electronic message board which violates this policy, and the City will take immediate enforcement or abatement action against any billboard or electronic message board constructed or maintained in violation of this policy. In adopting this provision, the City Council affirmatively declares that it would have adopted this policy even if it were the only provision in this article. The City Council intends for this policy to be severable and separately enforceable even if other provision(s) of this article may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable.

(f) Noncommunicative aspects. All rules and regulations concerning the noncommunicative aspects of signs, including, but not limited to, location, size, height, illumination, setback, scale, spacing, materials, orientation and mass of the structure, stand enforceable independently of any permit or approval process.

(g) Discretionary approvals. Whenever any sign permit, variance, exception, or other sign-related decision is made by any exercise of official discretion, such discretion shall be exercised only as to the noncommunicative aspects of the sign, including, but not limited to, location, size, height, illumination, setback, scale, spacing, materials, orientation and mass of the structure.

(h) Legal nature of sign rights. As to all signs attached to real property, the signage rights, duties and obligations arising from this article attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this title or other law), or the ownership of sign structures. This provision does not apply to handheld signs or other images which are aspects of personal appearance.

(i) Property owner’s consent required. No sign may be placed on private property without the consent of the property owner or persons holding the present right of possession and control.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-508 Diagrams.

The inclusion of diagrams in this article is for illustrative purposes only. Where a diagram conflicts with text, the text shall control.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-509 Definitions.

The words used in this title shall be construed to have the meanings ascribed to them in this section.

“A-frame sign” shall mean a portable sign capable of standing without support or attachment with two (2) sides that rest against each other and are supported only by the feet of the two (2) boards that comprise the sign structure.

“Abandoned sign” shall mean a sign or sign structure advertising or identifying an activity, business, product, or service that has not existed for a period of six (6) months or longer.

“Awning sign” shall mean a sign painted or otherwise affixed permanently to the exterior surface of an awning. For purposes of this chapter, “awning” means shelter projecting from and supported by the exterior wall of a building and constructed of a rigid frame cover by a flexible skin (e.g., fabric, synthetic material or thin sheet metal).

“Banner” shall mean a temporary sign constructed of a strip of cloth, paper, plastic, or other flexible material upon which copy is written and which is supported between poles or sticks or fastened to buildings or other structures.

“Billboard” shall mean a permanently installed sign which: (1) is used, in whole or in part, for the display of off-site commercial messages; (2) constitutes a principal, separate or secondary use, as opposed to an accessory, ancillary or appurtenant use, of the parcel on which it is located; (3) used as advertising for hire or general advertising (i.e., on which display space is made available to parties other than the owner of the sign or the property on which it is placed); or (4) leases or rents space for off-site outdoor advertising.

“Building complex” shall mean a development of more than one (1) commercial or industrial businesses or services, within a building or group of buildings on one (1) or more parcels regardless of sequence of build-out, operating in a joint manner and sharing common parking, access, and/or vehicle or pedestrian circulation amenities.

“Building facade” shall mean the exterior elevation of a single side of a building. When a building facade is irregular in shape, the number, extent and measurement of the building facade(s) shall be determined by the Director.

“Building frontage” shall mean a building facade, or portion of a building facade, occupied by an establishment facing onto a public highway, street or road, or public parking area. A building frontage facing onto the back or side of the space occupied by the establishment is not a building frontage unless the back or side faces onto a public highway, street, or road. The length of the building frontage is the linear distance of the building or tenant space facing onto a public highway, street or road, or public parking area.

“Cabinet sign” or “can sign” shall mean a sign where the text and/or logo symbols are mounted on a box-like frame or external structure that encloses the various functional components of the sign, whether electrical or dimensional. The back and/or sides of the display cabinet is sometimes referred to as a “drum” or “filler.”

“Changeable copy” shall mean a sign designed to allow the changing of copy through manual, mechanical or electrical means more than eight (8) times per day.

“City” shall mean the City of Turlock.

“City Council” or “Council” shall mean the City Council of the City of Turlock.

“Clear vision triangle” shall mean the area created by drawing an imaginary line between points a specified distance back from where the curb lines of the intersection quadrant meet. In certain cases, the Director may use the intersection of property lines to determine the clear vision triangle. The definition and specified distances required are established in the City of Turlock Standard Specifications and Drawings, and shall be determined by the City Engineer.

“Commercial message” shall mean a message that relates primarily to economic interests such as the exchange of goods and services, including, but not limited to, letters, pictures, symbols, logos, artwork, emblems, or other images.

“Comprehensive sign program” shall mean a coordinated signage program providing an inventory of the allowed signs for a multi-tenant center, such as a shopping center, building complex, or “sign district.”

“Directional sign” shall mean an on-site sign designed to guide vehicular or pedestrian traffic that does not promote or advertise a business, property or product.

“Director” shall mean the Development Services Director or the Director’s successor or designee(s).

“Directory sign” shall mean a sign listing the names and locations of occupants or activities conducted within a building or group of buildings.

“Drive-through lane board” shall mean a sign installed in the drive-through lane of a drive-through facility and oriented to be seen primarily by customers.

“Electronic message board” or “electronic message center” shall mean a permanently installed sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.

“Establishment” shall mean any nonresidential use of land an individual business, organization, corporation, or collective operating under a single name or title, engaged in commercial, industrial, or professional activities. An establishment can be a for-profit entity or a nonprofit organization that operates to fulfill a charitable mission.

“Fascia” shall mean the vertical area attached to the eave below the roof slope or roof line. The “fascia” is not part of the building wall.

“Flag” shall mean a piece of cloth or canvas, usually rectangular or triangular in shape, bearing symbolic images.

“Freestanding” shall mean a sign which is supported by one (1) or more columns, uprights, or is braced in or upon the ground and is not attached to any building.

“Freeway” shall mean State Highway 99, or other highway designated as “freeway” by State or Federal law.

“Grade” shall mean the elevation of the finished surface of the ground or paving.

“Illuminated sign” shall mean a sign made readable by a source of light, including internally and/or externally lighted signs, and reflective, glowing, or radiating signs.

“Individual letters” shall mean the integration of signage into a building wall or other architectural feature where the letters are individually mounted on a raceway or directly to the wall.

“Inflatable sign” shall mean any object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic.

“Informational sign” shall mean a sign erected for the safety or convenience of the public including but not limited to “Restrooms,” “Telephone,” “Danger,” “No Smoking,” “Manager’s Office,” and other signs of similar nature that do not promote or advertise a business, property or product or relate to debate on topics of public concern.

“Island canopy sign” shall mean a sign permanently affixed to a canopy or other rigid roof structure directly above a fuel pump island of an automobile service station.

“Lineal frontage” shall mean the total length of all building frontages for an establishment facing onto a public highway, street or road.

“Marquee sign” shall mean a sign consisting of lettering and/or imagery affixed to a marquee canopy, sometimes referring to the canopy itself along with changeable copy and/or images. Typical marquee signage is found at the entry to theaters and movie houses overhanging the box office and announcing current and future shows.

“Mobile billboard” shall mean a sign mounted on a vehicle or trailer that is used for general advertising or advertising for hire. Signs that are permanently affixed to the vehicle in accordance with California Vehicle Code Section 21100(p)(2) are not considered to be a mobile billboard.

“Monument sign” shall mean a permanent freestanding sign with a solid or decorative base constructed of permanent material.

“Multi-tenant center” shall mean a building or group of buildings on one (1) or more properties containing more than one (1) establishment such as a shopping center or building complex.

“Name plate” shall mean a small plate made of metal, acrylic, wood, or other material placed on a door or wall next to an entryway identifying the occupant.

“Noncommercial sign” shall mean a sign with a message which is not commercial in nature. Such messages typically relate to debatable matters of public concern, such as, by way of example and not limitation, advocacy on politics, religion, arts, science, philosophy, commentary on governmental policy, and similar topics.

“Off-site sign” shall mean a sign advertising a business, product, person, activity, event or service not conducted, sold, manufactured, offered, or located on the property where the sign is located.

“On-site sign” shall mean a sign advertising, or pertain to, a business, product, person, activity, event or service conducted, sold, manufactured, offered, or located on the property where the sign is located. In the case of a multi-tenant center, a sign for an establishment located within the center is defined as being “on-site” anywhere within the center, even if the center is located on more than one (1) parcel, so long as the sign and the establishment are located within the boundary of the same sign district and the sign has been approved in the comprehensive sign program for that sign district.

“Pad site” shall mean a freestanding building site for only one (1) establishment that is typically located in front of a larger commercial center. The site may be located on the same parcel or a separate parcel from the larger center but shares on-site parking and access from the public right-of-way with the abutting center.

“Parcel” shall mean a legal parcel of land or lot in compliance with the Subdivision Map Act (California Government Code Section 66410 et seq.), as it may be amended.

“Planning Commission” or “Commission” shall mean the Planning Commission of the City of Turlock.

“Pole sign” shall mean a freestanding sign supported wholly by one (1) pole placed in the ground.

“Primary sign” shall mean a sign placed on a building facade that is larger than any other sign on that same facade.

“Projecting sign” means a wall sign which protrudes horizontally from the wall to which it is attached. Such signs may extend over the public right-of-way.

“Property” shall mean one (1) or more parcels of land, or portions thereof, that the Director determines operate or function as a single use.

“Pylon sign” shall mean a freeway-oriented freestanding sign with a solid or decorative base constructed of permanent material.

“Raceway” shall mean a channel box that holds sign letters in place and houses the electrical wiring of a sign.

“Reader boards” shall mean a sign face, building face, or any building or structural component that displays still images, scrolling images, moving images, or flashing images, including video and animation, through the use of grid lights, cathode ray projections, light emitting diodes, plasma screens, liquid crystal displays, fiber optics, or other electronic media or technology that is either independent of, attached to, integrated into, or projected onto a building or structure component, and that may be changed remotely through electronic means.

“Roof line” shall mean the line formed by the junction of the roof and the outside wall of any building.

“Roof-mounted sign” shall mean a sign erected, projecting or protruding on or above the roof line of a building, or a sign painted on or attached directly to the roof.

“Secondary sign” shall mean a sign that is not a primary sign.

“Shopping center” shall mean a group of commercial establishments, located within a building or a group of buildings, oriented or arranged on one (1) or more parcels, sharing common parking, access, and/or vehicle or pedestrian circulation amenities.

“Sign” shall mean any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public and such image can be read or identified from any public right-of-way or public parking lot. Notwithstanding the generality of the foregoing, the following do not fall within the definition of a “sign”:

(1) Addresses. Street numbers required per TMC 4-3-204(g) (Amendments to the Fire Code – Fire Department access). Street address signs on buildings and building identification signs consistent with the City-adopted building code or relevant provisions of the Turlock Municipal Code. Notwithstanding anything in this article, street address signs may be illuminated and may contain reflective paint or material.

(2) Architectural detail. Lettering or graphics less than one (1') foot in height which is either carved into a building or otherwise made a part of the architectural detail of the building provided it is not illuminated, is made of nonreflective material, does not contrast with the color of the building, and is less than one (1") inch in thickness (depth).

(3) Identification signs for State or Federally regulated buildings or uses (i.e., public schools, State universities, United States Post Office, and other similar uses).

(4) Interior signs. Signs, advertisements, merchandise displays, or other visual communicative devices that are located entirely within a building or other enclosed structure and may be visible outside the building by a window or doorway, including, but not limited to, advertisements displayed in the window.

(5) Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots).

(6) Manufacturers’ marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale.

(7) Original art murals and sculptures. Nonilluminated, one-of-a-kind, hand-painted, hand-tiled, spray painted or digitally printed image on the exterior wall of a building, or a sculpture that does not contain a commercial message for a business conducted, services rendered, or goods produced or sold on the same property.

(8) Fireworks. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this article.

(9) Commemorative plaques. Signs embedded in or cut into a permanent surface with the names and/or erection dates of the structure. Such signs shall not be illuminated and shall be no greater than two (2) square feet in total area.

(10) Grave stones and grave markers.

(11) News racks and newsstands.

(12) Barber poles.

(13) Credit card, trading stamps, association memberships, and other similar informational signs when not one-half (1/2) square foot or less in total size and placed in a window or door.

(14) Shopping carts, golf carts, and horse-drawn carriages.

(15) Vending machines that display only the contents of the vending machine.

(16) Graphic images which are visible only from above, such as those visible only from airplanes or helicopters, only if not visible to the public from a public sidewalk, highway, street, or other public right-of-way.

(17) Decorations, such as lights, figurines, small statues, and other similar items, that are on display and do not include commercial advertising messages.

(18) Noncommercial flags not exceeding twenty-four (24) square feet in size. Flags shall be displayed from permanently installed flagpoles and shall not be attached directly to the ground. Flagpoles and other structures for the display of a flag shall conform to zoning requirements and the requirements of the California Building Code.

(19) Signs and advertising for the California State lottery as authorized by California Government Code Section 8880 et seq.

(20) Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his or her duties.

(21) Direction, warning, or informational signs or structures required or authorized by law, or by Federal, State, County, or City authority.

“Sign area” shall mean the total area of the sign copy of a sign calculated in accordance with TMC 9-2-510(a).

“Sign area ratio” shall mean the mathematical relationship between the length of a building frontage for an establishment and the maximum sign area for the use.

“Sign band” shall mean the rectangular two (2) dimensional shape enclosing the extreme limits of the sign copy.

“Sign band, bottom” shall mean lowest edge of the sign copy.

“Sign band, height” shall mean the greatest vertical distance between the bottom and the top of the sign band. There shall be no adjustment to the sign band height based on any irregularities in the shape of the sign copy.

“Sign band, width” shall mean the greatest horizontal distance between two (2) sides of the outer edges of the sign copy.

“Sign band, mid-point” shall mean the point on the sign located half-way between the top and the bottom of the sign band.

“Sign band, top” shall mean the highest edge of the sign copy.

“Sign band, vertical distance” shall mean greatest vertical distance between the top of the sign band and the finished grade of the top of the adjacent street or sidewalk, whichever is lower in elevation.

“Sign copy” shall mean any color, graphic, logo, symbol, word, numeral text, image, message, picture, or combination thereof displaying a commercial message.

“Sign district” shall mean a contiguous geographic area defined by the outer boundary of the parcels of land regulated under a comprehensive sign program.

“Sign face” shall mean the entire visible surface of a sign on which the sign copy is mounted, attached, or enclosed. The sign face includes any material or color forming the background to the sign copy or used to differentiate the sign copy from the backdrop of structure against which it is placed, including any supporting framework or bracing that is clearly incidental to the sign copy itself. Backing plates that outline the sign copy are part of the sign face unless they are transparent. A sign consisting of one (1) or more three (3) dimensional objects, such as balls, cubes, or clusters of objects, shall be deemed to have four (4) sign faces.

“Sign frame” shall mean an area, or areas, on a building facade or sign structure on which a sign is to be placed. Such frames may be architectural features of sign (such as a sign panel), or an area demarcated by changes in architectural treatments (such as eaves, fascia, vertical or horizontal change in the depth of the wall, molding, changes in materials or colors, and the like) outlining a discrete area of the wall, panel or structure. When no such features exist on the building or structure, the exterior outline of the wall, panel or structure shall serve as the sign frame.

“Sign ordinance” means this article, Article 5 of Chapter 9-2 TMC.

“Sign structure” shall mean a separate freestanding physical structure constructed for the purpose of displaying a sign.

“Sign variance” shall mean a permit granted through the process outlined in TMC 9-2-515(e) (Permit requirements and review procedures – Variances).

“Sports complex” shall mean a group of sports facilities holding regular events open to the general public and not intended for the exclusive use of a specific group, institution, establishment, or organization.

“Standalone” shall mean a single establishment located on a single property not shared by any other establishment.

“Street frontage” shall mean a property line adjacent to a public highway, street or road. Property lines adjacent to alleys shall not be considered street frontage. The length of the street frontage shall be the total length of the property line adjacent to the public highway, street, or road. When the property line ends in an intersection, the street frontage may be lengthened to the intersection of the curb returns for the two intersecting roadways.

“Subdivision sign” shall mean a temporary sign for a subdivision of five (5) or more lots.

“Temporary sign” shall mean any sign designed or intended to be displayed for a limited period of time and is not permanently attached to a building, wall, sign structure, or other structure permanently attached to the ground.

“Tenant” shall mean an establishment located within multi-tenant center, building complex or building.

“Theater” shall mean a building or structure used for the purpose of conducting live dramatic, comedic or musical performances, the showing of motion pictures or similar recorded media, or other live performing arts.

“Under canopy sign” shall mean any sign hanging below a canopy, awning, or building overhang.

“Vehicle retail sales” shall mean an establishment where the primary purpose of the property is the outdoor display and sale of new or used automobiles, trucks, vans, motorcycles, trailers, recreational vehicles, farm equipment, construction equipment, and the like. The term does not include establishments for which the sale of vehicles is an incidental use, such as rental agencies.

“Visual weight” shall mean a measure of the force that an element exerts to attract the eye. Visual weight is not measured quantitatively but is a qualitative measure of the degree to which an element attracts the eye and is influenced by a combination of factors, including, but not limited to:

(1) Position (the further out an element is from the center, the heavier it will feel);

(2) Size (larger feels heavier);

(3) Texture (an element with more complex texture is heavier visually than one with a simple texture or no texture at all);

(4) Isolation (an isolated element has more visual weight);

(5) Value (darker feels heavier);

(6) Value contrast (the higher the value-contrast, the heavier the weight);

(7) Quantity (multiple small objects can balance one (1) larger object);

(8) Orientation (a diagonal orientation carries more visual weight than a horizontal or vertical one;

(9) Shape (elements that have more complex shapes feel heavier than those with simple shapes); and/or

(10) Color (the brighter and more intense its color, the heavier the element will feel).

“Wall sign” shall mean a sign painted on, attached to, or erected against, the wall of a building and does not project above the wall, eave or fascia of the building.

“Window sign” shall mean any sign placed on the interior of a window, painted on a window, or otherwise applied to a window such that it can be read from the outside of the building.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-510 Sign measurements.

(a) Sign area. The sign area shall be calculated based on the dimensions of a single, continuous, rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of the sign copy, including, but not limited to, letters, pictures, symbols, logos, artwork, emblems, or other images, conveying a commercial message, and any blank spaces between sign copy and does not include the sign frame or sign face of the sign. Backing plates that outline individual letters, pictures, symbols, words, logos, artwork, emblems, or other images in the commercial display shall count as part of the sign area unless they are transparent and nonilluminated. In the case of multi-sided and three (3) dimensional signs, the sign area shall be computed as to total commercial display area on all sides of the sign structure.

(b) Sign structure height. The height of the sign structure shall be measured as the greatest vertical distance measured from the top of: (1) the street curb closest to the sign; (2) the centerline of the adjacent street; or (3) the grade of the property, whichever is lowest, to the highest point of the physical structure.

(c) Maximum sign area for each building frontage of an establishment. The maximum sign area for any building frontage shall be based on the length of that building frontage multiplied by the maximum sign area ratio as defined in TMC 9-2-518(b). In no case shall the maximum sign area for any building frontage be transferred to another building frontage.

(d) Maximum sign area for an establishment. The maximum sign area for an establishment is the sum total of the maximum sign area for all building frontages of that establishment. When an establishment utilizes advertising that is not directly placed on the wall, awning, canopy or other building element, the sign area of the additional advertising space shall be limited by the maximum allowable sign area for the establishment, except when the advertising is installed on a permitted monument or pylon sign excluded from the maximum sign area calculation pursuant to TMC 9-2-518 (Permanent on-site signs).

(e) Signs excluded from maximum sign area calculations. The calculation of maximum sign area does not include exempt signs, temporary signs, monument signs, pylon signs, or other signs specifically excluded from the maximum sign area calculation pursuant to TMC 9-2-518 (Permanent on-site signs). All other signs shall be included in the calculation of maximum sign area.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-511 General development standards.

(a) Standards for all signs, including exempt signs. All signs, whether permanent, temporary, or exempt, shall meet the following requirements:

(1) Signs shall be placed in a location and constructed of materials approved by the property owner and the City.

(2) Signs shall not interfere with or obstruct pedestrian, bicycle, or vehicular circulation.

(3) Signs shall be located outside the clear vision triangle for any street, alley, or driveway.

(4) Signs shall not obstruct the vision of motorists or pedestrians, or the visibility of any traffic and other public safety signs or devices.

(5) Signs shall not create a hazard to the life or property of any person as determined by the City Engineer or the Chief of Police.

(6) Signs shall not create an adverse impact on an adjacent use or neighborhood.

(7) Signs shall comply with all Federal, State or City codes, regulations and laws as they may now exist or may hereafter exist.

(b) Construction standards. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City codes, regulations, and laws. In addition, all signs shall comply with the following criteria:

(1) All transformers, equipment, programmers, and other related items shall be concealed within the sign and/or the wall of the building. Where concealment cannot be achieved, external exposure of these items may be approved by the Director when they are screened from public view through the application of architectural treatment, application of materials similar to the wall of the building and color.

(2) All permanent signs shall be constructed of high quality, low-maintenance materials such as metal, concrete, natural stone, glass, acrylic, and the like.

(3) Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.

(4) All freestanding signs that incorporate lighting shall have underground utility service.

(c) Clearance from public utility facilities. The person erecting a sign and the property owner shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with a rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.

(d) Maintenance standards. Every sign and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other nonmaintained or damaged portions of a sign shall be repaired or replaced.

(e) Sign removal or replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This standard does not apply to routine maintenance.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-512 Sign design standards.

(a) General design standards. Permanent on-site signs shall comply with the following standards:

(1) Design compatibility with building. Signs shall be compatible with the architectural style, colors, textures, materials and design of the main building or buildings on the property where the sign is located. For example, if the building facade is made of brick or brick veneer, a complementary freestanding sign would also include brick. Signs located on commercial property permitted in residential zoning district or predominantly residential area shall consider compatibility with the architectural style of the residential area.

(2) Signs facing onto a residential property. Orientation of signs such that they face directly onto residential property is to be avoided and is allowed only when the Director determines there is no other feasible or practical alternative location for the sign and the visibility of the sign from the residences is minimized. Such signs are subject to the sign illumination standards in subsection (a)(4) of this section.

(3) Individual letters preferred. Individual channel letters, reverse channel letters (backlit), and pushpin letters are preferred over can or cabinet signs. A lower sign area ratio shall apply to establishments not utilizing individual letters.

(4) Sign illumination. The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights-of-way and properties. The following requirements shall apply to all illuminated signs:

(i) External illumination using concealed direct or architecturally treated lighting is preferred over internal illumination.

(ii) External light sources shall be directed and shielded to limit direct illumination of any object, building, structure, or space other than the sign.

(iii) The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign.

(iv) Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations.

(v) Externally illuminated signs shall utilize focused or shielded light fixtures that do not allow light or glare to shine above the horizontal plane of the top of the sign or onto a public right-of-way or adjoining property.

(vi) Light intensity. The intensity of lighting shall not exceed the following limits:

(aa) In residential zoning districts identified in Article 2 of Chapter 9-3 TMC or on properties zoned for commercial or industrial uses, signs within, or facing onto, a residential zoning district or residential property shall not be illuminated.

(ab) In mixed use zoning districts allowing single-family and/or multifamily dwellings, nonilluminated signs are preferred. When external illumination is permitted, sign illumination shall not exceed ten (10) luxes (one (1) foot-candle) measured at a distance of ten (10') feet from the sign. In any case, internal illumination of signs shall not be permitted in mixed use zoning districts.

(ac) In the commercial-office zoning district, sign illumination shall not exceed ten (10) luxes (one (1) foot-candle) measured at a distance of ten (10') feet from the sign.

(ad) In all other zoning districts, sign illumination shall not exceed one hundred luxes (ten (10) foot-candles) measured ten (10') feet from the sign.

(vii) Cabinet signs are prohibited in all downtown overlay districts. Only external illumination (such as gooseneck lighting) or reverse channel (backlit) lighting may be used.

(viii) All internally illuminated signs, including monument signs, wall signs, projecting signs and pylons shall have dark backgrounds with light letters. Light shall be emitted only through individual letters, graphics and symbols. The background of the sign shall not emit light.

(ix) Reflective bulbs and incandescent lamps shall not be used on the exterior surface of signs.

(5) Proportionality of the sign band. The sign band shall be proportional in size to the building facade or any other physical sign face, panel, or structure on which the sign is mounted. Notwithstanding any other allowances for maximum sign area, sign band height or sign band vertical distance, the sign band shall not exceed seventy (70%) percent of the width or eighty-five (85%) percent of the height of the sign frame on which the sign is to be mounted. When the sign band, or sign copy, is mounted on a sign face, the sign face shall be subject to these same limitations and the sign band shall fit entirely within the outer limits of the sign face.

(6) Balance in sign construction. Signs shall be constructed in such a manner that the architectural elements and sign face are visually pleasing. This is achieved by balancing structural elements, textures, and materials, as well as the location and distribution of the sign copy either symmetrically, by repeating the reverse of the design on the opposite side of a vertical axis (i.e., each side becomes a mirror image of the other), or asymmetrically through contrast using elements that are not identical but have equal visual weight.

(b) Design standards for specific sign types.

(1) Awning and canopy signs.

(i) Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are permanently attached or applied.

(ii) Backlit or translucent awning and canopy signs are prohibited.

(iii) Temporary signs shall not be placed on awnings or canopies.

(iv) Awning and canopy signs shall only be allowed for first- and second-story occupancies and shall not extend above the top of the wall or fascia of the building.

(v) Awning and canopy signs shall be counted toward the maximum sign area for the establishment.

(2) Monument signs.

(i) Monument signs shall maintain a front or corner side yard setback equal to at least one-half (1/2) the height of the sign, measured from that part of the sign closest to the nearest property line of the parcel on which it is placed, with a minimum setback of five (5') feet. Interior side yard and rear yard setbacks for the applicable zoning district shall be met.

(ii) The monument shall include an address plate meeting the requirements established by the City of Turlock Fire Marshal.

(iii) The sign structure shall include an architectural base of at least twelve (12") inches above the finished grade where the sign is constructed. Architectural elements are required on the sides and top of the sign face to provide visual interest and to tie the monument sign into the architecture of the primary building(s).

(iv) Monument signs may be one (1) or two (2) sided. The maximum sign area shall apply to each side of the monument sign.

(v) The sign structure may be up to fifteen (15%) percent taller or wider than the allowed sign band to incorporate architectural elements designed to enhance the compatibility of the sign with the building. No commercial message may be placed in this area except the address of the site or the name of a multi-tenant center and shall not include the name of any business, product, or service offered on the site.

(vi) In multi-tenant centers, when a monument sign includes advertising space for individual tenants, the name of the center shall not be included in the calculation of maximum sign area when the name of the center is no larger than eight (8) square feet in sign area. When the name of the center is the only commercial message on the monument sign, the name of the center may increase to the maximum allowable sign area for the center.

(vii) In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure are prohibited unless the signs are to be mounted on individual architectural panels.

(viii) The height of the sign copy shall be a minimum of eight (8") inches.

(ix) Landscaping shall be provided at the base of the sign. Landscaping shall be complementary to the landscaping of the overall site. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way at full maturity.

(x) Monument signs shall not be counted toward the maximum sign area for an establishment.

(3) Wall signs.

(i) Wall signs shall be located on a building frontage of the establishment except as provided in subsection (a)(2) of this section (Signs facing onto a residential property).

(ii) Wall signs shall not project above the fascia, eave or roof line.

(iii) The sign copy and/or sign frame for a wall sign shall be placed above the physical space of the establishment. Wall signs for more than one (1) establishment shall not be vertically stacked on top of one another within the same sign frame.

(iv) Wall signs shall be centered vertically and horizontally within a sign frame. For multi-tenant centers, the location of the sign frame for each establishment shall be identified in the comprehensive sign program. When no comprehensive sign program has been approved, the Director shall designate the sign frame for wall signs for individual establishments.

(v) Wall signs shall not project more than twelve (12") inches from the building facade.

(vi) Wall signs shall not obstruct any portion of a window or doorway.

(vii) Multiple elements (e.g., logo and text) within a sign band shall be located and scaled with relationship to each other.

(viii) Wall signs shall be counted toward the maximum sign area for an establishment.

(4) Directional signs.

(i) The sign frame shall not exceed four (4) square feet per sign.

(ii) A commercial message may comprise up to twenty (20%) percent of the sign frame. In these cases, the sign area of the commercial message shall be counted toward the maximum sign area for an establishment.

(iii) The maximum sign band height for any commercial message shall not exceed eight (8") inches in height.

(iv) Wall-mounted directional signs shall not project above the fascia, eave or roof line.

(v) The height of a sign structure for directional signs shall not exceed six (6') feet in height, except, when located within the clear vision triangle, the height of the structure shall not exceed three (3') feet in height measured from the grade of the adjacent street or sidewalk, whichever is lowest.

(vi) Limit on number.

(aa) One (1) directional sign is permitted for each driveway leading from the public right-of-way onto the property.

(ab) One (1) directional sign is permitted adjacent to the entrance to each drive-through lane.

(ac) One (1) directional sign is permitted for each service or delivery entrance.

(ad) Additional directional signs may be permitted to satisfy health and safety needs.

(vii) Directional signs may be illuminated.

(viii) Directional signs shall be constructed of durable materials.

(5) Informational signs.

(i) The sign face shall not exceed the size necessary to convey the informational message. Sign text and graphics should generally be no more than two (2") inches in height or readable from the public right-of-way, but may be larger upon approval by the Director.

(ii) Informational signs shall not contain a commercial message.

(iii) Wall-mounted informational signs shall not exceed the height of the wall to which it is attached and shall not project above the eave or roof line.

(iv) The height of the freestanding structure for informational signs shall not exceed six (6') feet in height, except, when located within the clear vision triangle, the height of the structure shall not exceed three (3') feet in height measured from the grade of the adjacent street or sidewalk, whichever is lowest. This limitation does not apply to any informational sign required by law or governmental regulation.

(v) There is no limit on the number of informational signs that may be approved; however, the number shall be no more than required to adequately notify the public of the information displayed on the sign.

(vi) Informational signs shall be nonilluminated except when the Director determines illumination is required to protect the public health, safety and welfare.

(vii) Signs shall be constructed of durable materials.

(viii) Informational signs shall not be counted toward the maximum sign area for the establishment.

(6) Directory signs.

(i) Each building with more than two (2) tenants may install a directory sign located outside the building. The sign may be freestanding or wall mounted.

(ii) The sign shall be located within ten (10') feet of the building or on the wall of the building except the Director may approve a directory sign in a landscaped bed within the parking lot area to improve internal circulation and wayfinding. In these cases, the directory sign shall be oriented to improve internal circulation only.

(iii) The sign structure shall be no taller than six (6') feet in height.

(iv) The sign face shall not exceed sixteen (16) square feet.

(v) Each tenant shall be advertised only once on the directory sign and shall have a maximum sign area of two (2) square feet.

(vi) The maximum sign band height for each tenant shall be no taller than four (4") inches.

(vii) The name of the building or center may be included on the sign and shall not count toward the maximum sign area. Lettering for the name of the building or center shall be no taller than six (6") inches in height and shall not exceed the width of sign band for any tenant.

(viii) Directory signs shall not be counted toward the maximum sign area for an establishment.

(7) Freeway-oriented pylon signs.

(i) Freeway-oriented pylon signs shall require approval by the Planning Commission as part of a comprehensive sign program.

(ii) The sign shall be compatible in design, structure, materials, and composition to existing freeway-oriented pylon signs.

(iii) Pylon signs shall be two (2) sided with both sides oriented perpendicular to the freeway to be seen by both northbound and southbound traffic.

(iv) Pylon signs shall be spaced a minimum of one thousand (1,000') feet apart and shall be placed no farther than seven hundred fifty (750') feet from Highway 99 right-of-way line.

(v) The maximum height of the pylon sign structure shall not exceed the height allowed in TMC 9-2-518 (Permanent on-site signs).

(vi) Pylon signs shall maintain a minimum setback of fifteen (15') feet from the front or corner side property line. Interior side and rear yard setbacks for the zoning district shall be maintained. When no setbacks are required for the zoning district, a minimum ten (10') foot setback shall be maintained to all property lines.

(vii) Maximum sign area for the pylon sign shall be four hundred fifty (450) square feet per side.

(viii) The maximum allowable sign area per establishment shall be seventy-five (75) square feet per side.

(ix) The sign shall include identification for the City of Turlock, such as the City’s official logo, the name “City of Turlock,” or other identifying image approved by the Planning Commission. The City identification shall not be calculated in the maximum sign area. The minimum height of the City identification element shall be five (5') feet.

(x) The sign shall include the name and/or logo of the center at a minimum sign band height of two and one-half (2-1/2') feet and a maximum sign band height of ten (10') feet. The name and/or logo of the center shall not be calculated in the maximum sign area for the pylon sign.

(xi) The sign structure shall include an architectural base proportional in size to the overall height of the structure.

(xii) Architectural elements designed to enhance compatibility of the sign structure with the architectural elements of the center or building is required.

(xiii) In an effort to promote full architectural integration of signs, voids between the sign face and the sign structure should be avoided.

(xiv) Individual pan channel letters or reverse channel letters are required. Cabinet (or can) signs shall not be permitted.

(xv) Landscaping shall be provided at the base of the sign extending at least ten (10') feet from the footings of the pylon sign. Landscaping shall be integrated into the landscaping for the existing site. When the pylon sign is located on an individual parcel, the entire parcel shall be landscaped in accordance with TMC 9-2-109 (Landscaping and irrigation). Landscaping shall be complementary to the landscaping for the overall site.

(xvi) The sign area for the pylon sign shall not be counted toward the maximum sign area for any establishment.

(8) Drive-through lane board signs.

(i) Each drive-through facility is permitted a maximum of two (2) drive-through lane board signs per drive-through lane.

(ii) Signs shall be adjacent to the drive-through lane.

(iii) Signs shall be located in accordance with the minimum drive-through stacking distances established in TMC 9-2-127 (Drive-through facilities).

(iv) Signs shall not be located as to impair the vision of the driver of a vehicle traveling either into, out of, or through the drive-through aisle.

(v) The sign frame shall not exceed thirty-two (32) square feet.

(vi) Changeable copy is limited to the menu board and may not be changed more than two (2) times per day.

(vii) Up to five (5%) percent of the face of the drive-through lane board may be used for a commercial message and shall be counted toward the maximum sign area for the establishment.

(viii) The height of the sign structure shall not exceed six (6') feet measured from the average grade of the adjacent drive-through lane.

(ix) The visual impact of menu and preview board signs shall be minimized by utilizing low intensity illumination.

(x) Menu and preview boards shall not be visible from the street. Solid walls, additional landscape areas or shrub plantings may be required to provide appropriate screening. When landscape is used as a screen, the applicant shall be required to plant specimen size plants to take more immediate effect.

(xi) Any proposed carhop or walk-up menu boards shall not exceed six (6) square feet in area and shall be located in areas approved in a comprehensive sign program.

(xii) Menu and preview boards should be placed in a landscaped planter at least five (5') feet in width and depth, when possible. Landscaping shall be complementary to the landscaping of the overall site.

(xiii) Loud speakers shall be directed away from residential areas and shall be subject to the noise standards in Chapter 5-28 TMC.

(xiv) Menu and preview boards shall not be counted toward the sign area of an establishment.

(9) Projecting signs. Projecting signs, including, but not limited to, blade signs, bracket signs, and marquee signs, are subject to the following standards:

(i) Projecting signs are permitted only in the downtown core downtown overlay district in Article 1 of Chapter 9-4 TMC and in commercial zoning districts in Article 3 of Chapter 9-3 TMC except the commercial office zoning district.

(ii) Only one (1) projecting sign is allowed per property.

(iii) A projecting sign shall not be approved for multi-tenant developments or shopping centers unless permitted in a comprehensive sign program.

(iv) Signs projecting into public right-of-way.

(aa) Any sign projecting into a public right-of-way more than one (1') foot shall be multi-faced and fully enclosed.

(ab) The sign shall not extend more than two-thirds (2/3) of the distance from the property line to the face of the planned curb face, or six and one-half (6-1/2') feet, whichever is less.

(v) An encroachment permit may be required for any sign projecting into the public right-of-way, into a designated emergency vehicle/fire access lane, or into City-owned property.

(vi) Projecting signs shall either be oriented at right angles to the front of the building or, when mounted on the corner of a building, on a plane that bisects the angle created by the two (2) intersecting sides of the building.

(vii) The lowest point of a blade or bracket sign shall be a minimum of eight feet (8') above grade and may not exceed the height limits in TMC 9-2-518 (Permanent on-site signs).

(viii) The sign shall be suspended with a clear space of at least six (6") inches between the sign frame and the building.

(ix) Sign supports and brackets shall be compatible with the design and scale of the sign, and concealed to the greatest extent feasible.

(x) Projecting signs shall be counted toward the maximum sign area for an establishment. When a projecting sign bisects the angle created by the two (2) intersecting sides of a building, the property owner may determine which building frontage the sign area will be assigned to for the purposes of calculating maximum sign area. The maximum sign area for the projecting sign shall not be cumulative (i.e., the sign area allowed for the projecting sign may not be increased to the sum of the maximum sign area for both building frontages).

(10) Commercial flags. Commercial flags may be allowed on site subject to the following standards:

(i) Flags shall be mounted on permanent flagpoles which conform to zoning requirements and the requirements of the California Building Code.

(ii) The location and size of the flagpole shall comply with the height and development standards of the zoning district.

(iii) The lowest point of a flag shall be a minimum of eight feet (8') above the highest grade of the property.

(iv) Flags shall only be allowed on a parcel directly abutting a public road, street, or highway.

(v) Flagpoles shall be located in close proximity to the establishment which is being advertised and within the first one-third (1/3) of the property measured from the public road, street, or highway.

(vi) Flags shall not exceed fifteen (15) square feet in total size.

(vii) No more than one (1) commercial flag shall be allowed per establishment. For multi-tenant centers, no more than one (1) commercial flag shall be allowed unless a comprehensive sign program has been approved by the Planning Commission allowing for a greater number.

(viii) Flags shall be made of durable, nonreflective material and shall not be illuminated.

(ix) Flags shall be removed or replaced when faded or tattered.

(x) Commercial flags shall be counted toward the maximum sign area for an establishment.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-513 Prohibited signs.

The signs listed in this section are inconsistent with the purposes and requirements of this article and as such are prohibited in all zoning districts.

(a) Any sign not specifically permitted by this article.

(b) Roof-mounted signs or signs placed above the roof line.

(d) Electronic message boards or centers.

(e) Signs where any portion of the content changes more than eight (8) times per day.

(f) Reader boards or other devices with the ability to scroll messages shall not be permitted.

(g) Flashing signs that contain, include, or are illuminated by flashing, intermittent or moving lights.

(h) Flying or aerial signs, such as blimps or kites, designed to be kept aloft by mechanical, wind, chemical or hot air means, unless specifically exempted by the Turlock Municipal Code.

(i) Pole signs.

(j) Inflatable signs, including, but not limited to, individual balloons, balloon strings, inflatable characters, and other inflatable objects made of a flexible material and inflated so as to be lighter than air.

(k) Signs that are mobile, rotate, wave, or move by mechanical or natural means such as flags, pennants, mechanical characters, air- or wind-activated signs (such as air dancers), or other similar devices, except as expressly permitted in this article.

(l) Signs held by hand, or personally attended to, displaying a commercial message.

(m) Movable or portable signs.

(n) Signs posted in the ground or to posts, trees, utility poles, fences, or similar support structures for the purpose of advertising an event or product.

(o) Signs that are mounted on a motor vehicle that are not an integral part of the vehicle. This prohibition applies to advertising billboards, A-frame signs, trailer-mounted signs or other advertising structures that are mounted onto, and are not an integral part of, the motor vehicle.

(p) Signs blocking a vehicular, bicycle, or pedestrian path of travel.

(q) Signs blocking, interfering with, or that could be confused with any authorized traffic sign, signal or device by reason of location, position, shape, color, words, phrases, symbols or for any other reason.

(r) Any sign creating a public safety or traffic safety hazard. Such signs may be immediately removed by the City without notification to the owner of the sign at the cost of the sign owner or property owner.

(s) Signs advertising developments outside the City limit shall be prohibited. This section is not intended to prohibit signs for developments that are in the process of annexation.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-514 Exempt signs.

The following signs do not require approval of a sign permit but are subject to any and all other applicable development and design standards in this article as well as any other permit requirements that may apply, including, but not limited to, building, electrical, plumbing, grading, and encroachment permit(s).

(a) Exempt temporary signs. A temporary sign shall not be exempt if it requires approval of any other permit from the City, including, but not limited to, building, electrical, plumbing, grading, and encroachment permit(s). All exempt temporary signs must be located at least five (5') feet from any property line, shall not be illuminated and are subject to the development standards and design standards contained in this article. The following temporary signs do not require approval of a sign permit provided they are placed on private property for a limited period of time:

(1) Signs held by hand, or personally attended to, on private property and displaying a noncommercial message when consistent with all of the following conditions and requirements:

(i) The signs must be personally held by a person or personally attended by one (1) or more persons. “Personally attended” means that a person is physically present within five (5') feet of the sign at all times.

(ii) The maximum aggregate sign area of all signs held, or personally attended to, by a single person is twelve (12) square feet per side.

(iii) The maximum aggregate sign area of all signs held or personally held, or personally attended to, by two (2) or more persons is thirty-two (32) square feet per display face.

(iv) The sign must have no more than two (2) display faces and may not be inflatable, air-activated, internally illuminated, electronic, flashing, rotating, or made of any other materials that are mobile or move, and shall not be constructed of any material(s) that could pose a threat to persons or property.

(v) Apparel and other aspects of personal appearance not containing a commercial message shall not count toward the maximum aggregate sign area.

(2) Signs erected on private property displaying a noncommercial message when consistent with the following conditions and requirements:

(i) Residential properties. Individual signs shall not exceed six (6) square feet in size, shall not exceed four (4') feet in height measured from the grade of the property.

(ii) Nonresidential properties. Individual signs shall not exceed thirty-two (32) square feet in size and shall not exceed six (6') feet in height measured from the grade of the property.

(iii) Signs shall not occupy more than twenty-five (25%) percent of the street frontage of the property as observed from the public right-of-way.

(iv) Noncommercial messages related to a specific time frame or event shall be removed within five (5) days of the last day of the time frame or event.

(v) All signs shall be constructed of durable materials and may not be permanently mounted to the ground or a building.

(vi) Signs shall not be located closer than five (5') feet to any property line.

(3) Signs erected on private property undergoing construction or remodeling no taller than six feet (6') in height, no greater than thirty-two (32) square feet in area, and located at least ten (10') feet from any property line. One (1) such sign is permitted per site. Such signs shall be removed within thirty (30) days of the earliest of the following events: final building inspection approval, issuance of a valid certificate of occupancy, opening for business to the public, or expiration of the building permit. Such signs may also be mounted directly onto the protective temporary fencing for a construction site so long as the sign does not project beyond the limits of a single fence panel.

(4) Signs on private property for sale, lease, or rental of a single property, building or unit, as follows:

(i) Residential uses with one (1) or two (2) dwelling units.

(aa) Only one (1) sign is permitted on a parcel that is being sold.

(ab) The sign shall not exceed six (6) square feet per side for a maximum of two (2) sides.

(ac) The sign shall not exceed six (6') feet in height measured from the grade of the parcel.

(ad) No more than four (4) off-site directional signs mounted on an A-frame sign, or other similar devices. The signs shall not be connected to the ground and shall be no greater than six (6) square feet in area. The signs shall only be displayed for the period when the realtor is physically present on the property being sold.

(ii) Multifamily uses with three (3) or more dwelling units, commercial and industrial uses.

(aa) One (1) sign per street frontage is permitted on a parcel that is being sold, leased or rented. If multiple units on the same parcel are being sold, leased or rented by different realtors, additional signs may be approved by the Director.

(ab) The sign shall not exceed thirty-two (32) square feet in area and shall not exceed six (6') feet in height measured from the grade of the parcel.

(ac) No more than twenty-five (25%) percent of a street frontage, excluding driveways, may be utilized for the display of such signs.

(5) Signs mounted directly on the body of a vehicle in accordance with California Vehicle Code Section 21100(p)(2). Signs must be permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display. Signs shall not extend the body of the vehicle in any way. The signs must be painted directly on the body of the vehicle, applied as a decal on the body of a motor vehicle, or placed on a location of the body of the motor vehicle that was specifically designed by a vehicle manufacturer. This exemption shall not apply to advertising billboards, A-frame signs, trailer-mounted signs or other advertising structures that are mounted onto, but are not an integral part of, the motor vehicle.

(6) Signs mounted directly on a window surface of a vehicle for sale or lease on a permitted vehicle sales lot. The sign shall not project above the surface of the window by more than one (1") inch and shall not extend beyond the limits of the glass surface of the window on which it is mounted.

(7) Signs mounted directly on a machine, dispenser, or other premanufactured device that is permanently affixed as an integral part of the device and cannot be removed or replaced without dismantling the machine, dispenser or device on which it is displayed.

(b) Exempt permanent signs. The following permanent signs do not require approval of a sign permit but are subject to any and all other development and design standards contained in this article as well as any other permit requirements that may apply, including, but not limited to, building, electrical, plumbing, grading, and encroachment permit(s).

(1) Name plates. For residential uses, one (1) name plate no greater than one (1) square foot in area mounted on the wall of the primary residence. For commercial and industrial uses, one (1) name plate no greater than three (3) square feet in area. Such signs shall not be illuminated and shall be made of nonreflective material. The name plate may not project more than one-half (1/2") inch from the wall of the building.

(2) Informational signs. Informational signs such as “no parking,” “entrance,” “exit,” “loading only,” or similar directives subject to the development and design standards of this article.

(3) Outdoor display cases for governmental offices and public assembly uses. A display case or bulletin board mounted onto the wall of a building not to exceed thirty-two (32) square feet in area and no taller than eight (8') feet from the grade of the parcel or adjacent sidewalk, whichever is less. Letters and symbols posted in the case shall not be taller than four (4") inches in height and shall not be illuminated. External illumination may be used to permit pedestrians to read the contents of the display case.

(4) Under canopy signs. Signs constructed under a canopy or awning shall be allowed in multi-tenant commercial and industrial centers, and for ground-level establishments in the downtown core downtown overlay district, provided each shall not exceed four (4) square feet in area and shall be mounted perpendicular to the building facade and oriented to pedestrian traffic. The sign area shall not be counted toward the sign area allowance for the center or the establishment. The sign shall not extend lower than eight (8') feet above the grade of the parcel or sidewalk over which it is suspended. Only one (1) sign shall be displayed per public entrance. Under canopy signs shall not be illuminated.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-515 Permit requirements and review procedures.

(a) Permit required. Except as otherwise provided in this article, it shall be unlawful to erect, alter, reface, or relocate or cause to be erected, altered, refaced, or relocated any sign within the City without first obtaining approval of a sign permit from the 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 by this article.

(b) Application requirements. Applications pursuant to this article shall be filed with the Planning Division on forms provided for that purpose. The application shall be accompanied by a nonrefundable fee as established by City Council resolution. The application shall contain the following information:

(1) The name, address, telephone number and email address of the owner of the property for upon which the signs are to be placed and the owner’s signed consent to the application;

(2) Information on the location, overall size, and dimensions of the building and/or tenant space for which the sign is being erected;

(3) Sign details indicating number of signs, sign area, colors, dimensions, letter height, sign height, letter style, graphic style, materials, method of illumination, and method of construction and building attachment;

(4) An accurately scaled plot plan of the lot and/or tenant space depicting the location of signs, buildings, property lines, street frontages, parking lots, driveways, landscaped areas, easements, overhead utilities, aboveground equipment, and the clear vision triangle;

(5) Building elevations showing the placement of the sign(s) on the building facade(s);

(6) Any additional applications, documents, or materials required to process a building permit concurrent with the sign permit;

(7) For temporary signs, the schedule and duration of the display period; and

(8) Any additional information that may be required by the Director.

(d) Approval findings. A sign permit shall be approved by the Director if the following findings are made:

(1) The proposed sign conforms to the requirements of this article.

(2) The proposed sign conforms to the requirements of an applicable comprehensive sign program approved pursuant to TMC 9-2-516 (Comprehensive sign program).

(e) Variances. The Planning Commission shall have the authority to grant a variance to the provisions of this article pertaining to height, location, sign area, shape, projection, clearance, duration, sign type and number of signs. No sign variance shall allow any sign prohibited by TMC 9-2-513 (Prohibited signs). A sign variance shall be granted by the Planning Commission following the procedures set forth in TMC 9-5-613 through 9-5-625 upon determining at a public hearing that the following findings are established beyond reasonable doubt:

(1) The proposed sign and/or comprehensive sign program substantially complies with the requirements of this section with the exception of the variance requested.

(2) Granting a variance will not be materially detrimental to the public welfare or property or improvements in the vicinity or district where the property is located.

(3) The strict application of the sign regulations would result in practical difficulties or unnecessary hardship inconsistent with the general purposes and intent of this article.

(4) There are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity.

(5) The variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of the special circumstances and practical difficulties or unnecessary hardship, is denied to the property in question.

(6) The requested signage is compatible with the surrounding environment and will not adversely affect adjacent properties, property owners, and/or tenants. Compatibility will be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of letter.

(7) The granting of the variance does not grant a special privilege inconsistent with the limitations on other properties in the same district.

(f) Historic signs.

(1) Purpose. The purpose of this section is to preserve and enhance the City’s unique character by protecting its historic features.

(2) Qualification. A sign shall qualify as a historic sign if it meets all of the following requirements:

(i) The sign is:

(aa) At least fifty (50) years old;

(ab) Unique;

(ac) Originally associated with a chain or franchise business that is either: (a) a local or regional chain; or (b) a franchise only found in Turlock;

(ad) Supported by scholarly documentation; and

(ae) A rare surviving example of a once common type.

(ii) The sign exemplifies the cultural, economic, or period heritage of the City of Turlock.

(iii) The sign retains the majority of its character-defining features. If character-defining features have been altered or removed, the majority are potentially restorable to their original function and appearance.

(iv) All parts of the historic sign including neon tubes, incandescent lights and shields, and sign faces are maintained in a functioning condition as historically intended for the sign to the greatest degree possible.

(v) The sign uses materials and technology representative of its period of construction.

(vi) The sign may be freestanding, attached, projecting, or roof-mounted.

(vii) Signs originally designed to flash or move may be allowed to continue to flash so long as there is no alteration to the historic pattern, speed, or direction of flashing or moving elements.

(viii) The sign is structurally safe or can be made safe without substantially altering its original appearance.

(3) Changes to historic signs. Minor changes to a historic sign shall be approved by the Director to properly maintain the sign or to relocate the sign to protect its structural integrity when the following findings are made:

(i) The changes do not result in changes to the historic character of the sign.

(ii) The changes do not substantially alter the historic dimensions, height, color, scale, style, or type of materials of the historic sign.

(4) Major changes and reconstruction of historic signs. Full reconstruction of a historic sign, changes in text or graphics, or other major changes shall be granted by the Planning Commission upon determining the sign continues to qualify as a historic sign pursuant to subsection (f)(2) of this section.

(g) Iconic signs. The Planning Commission shall grant an exception to the provisions of this article for an iconic sign when the following findings are made:

(1) The sign has national or international recognition or connection to the proposed use of the property;

(2) The sign exhibits extraordinary aesthetic quality, creativity, or innovation;

(3) The sign enhances or promotes an attraction, special product or special service that has the potential to draw customers and visitors from outside the region, State or nation;

(4) The sign is compatible with the architecture of the building;

(5) The sign conforms to the greatest extent feasible with the sign development and design standards of this title with the exception of those elements necessary to achieve the intended purpose; and

(6) The exception granted is only that necessary to achieve the goal of promoting economic development and tourism within the City of Turlock.

(h) Disqualification. An application shall be disapproved under any of the following conditions:

(1) The applicant has installed a sign in violation of the provisions of this article and, at the time of submission of the application, each illegal sign has not been legalized, removed, or included in the application.

(2) There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the sign permit.

(3) The sign application is for substantially the same sign previously denied, unless: (i) twelve (12) months have elapsed since the date of the last application; or (ii) new evidence, or proof of changed conditions, is furnished in the new application.

(i) Applications for more than one (1) sign. When an application proposes two (2) or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign.

(j) Permits issued in error. Any approval or permit issued in error may be summarily revoked by the Director upon written notice to the permit holder of the reason for the revocation.

(k) Inspections. All signs requiring a permit shall be inspected for compliance with the permit requirements and conditions.

(l) Expiration and revocation.

(1) If the sign has not been erected or otherwise used within twelve (12) months after the granting of the approval, the sign permit shall automatically be null and void.

(2) In any case in which the terms of a sign permit or sign variance have not been complied with, the Planning Commission may, upon ten (10) days’ prior written notice, hold a public hearing pursuant to TMC 9-5-116 (Hearings: Scope of provisions). At the conclusion of such hearing, the Planning Commission may revoke the permit if it finds substantial evidence exists that the terms of the permit have not been complied with.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-516 Comprehensive sign program.

(a) Purpose. A comprehensive sign program (“program”) is developed to enhance the attractiveness, ensure consistency in design, allocate sign space and timing, allow for special signage, and provide greater landlord control, of signs permitted in multi-tenant centers. The comprehensive sign program shall identify the parcel(s) of land to be included in the “sign district” regulated under the program. A comprehensive sign program shall be required for the following:

(1) For all new multi-tenant centers.

(2) To allow for the construction of specific types of signs allowed in a “sign district.”

(3) To erect temporary subdivision signs for any property being developed as a residential subdivision of five (5) or more units.

(b) Exclusivity. A property may belong to only one (1) sign district and comprehensive sign program.

(c) Binding effect of a comprehensive sign program. Upon approval of a comprehensive sign program, all future signs erected on any property located within its sign district shall be governed by, and shall conform to, the program. No sign or building permits shall be issued for signs not in conformance with the program. All property owners located within the sign district of a comprehensive sign program shall be responsible for compliance with the program.

(d) Application requirements. Applications for a comprehensive sign program shall be filed with the Planning Division upon forms provided for that purpose. The application shall be accompanied by a nonrefundable fee established by City Council resolution. The application shall contain the following information:

(1) Property and property owner information. The name, address, telephone number and email address of the owner(s) of the parcel(s) upon which the sign is to be placed and the owner’s (or owners’) signed consent to the application.

(2) Sign information. Plans, to scale, to include the following:

(i) Sign details indicating number of signs, sign area, colors, dimensions, letter height, sign height, letter style, graphic style, materials, method of illumination, and method of construction and building attachment;

(ii) An accurately scaled plot plan of the parcel(s) depicting the location of buildings, parcel lines, street frontages, parking lots, driveways, and landscaped areas;

(iii) An accurately scaled plot plan indicating the location of all proposed signs with location, identification of easements, overhead utilities or other projections, and clear vision triangle;

(iv) Building elevation(s) depicting the location and dimensions of the sign frame for wall-mounted signs for individual establishments;

(v) Sign structure elevations depicting the location and dimension of the sign frame and center name, if applicable;

(vi) A summary table showing the complete sign program and total square footage of all on-site signs by type, size and location on the parcel; and

(vii) Any other requirements that may be established by the Director.

(3) Replacement of signs. A statement explaining how revisions, modifications, or replacement of tenant signs will be carried out to limit the possibility of holes being left in the structure’s exterior by mounting brackets, electrical connections, or similar items.

(4) Temporary signs. Identification of the size, location, frequency, duration, design, materials, method of attachment to the building, and other features of temporary signs that will be permitted on the property as well as a statement of how the use of temporary signs will be monitored by the applicant to ensure compliance with the requirements of this article.

(5) Other. Any other supplemental information required by the Director.

(e) Authority to approve. The Planning Commission may approve, conditionally approve, or disapprove an application to create a comprehensive sign program.

(f) Findings. In approving an application to create a comprehensive sign program, the following findings shall be made:

(1) The comprehensive sign program satisfies the purpose and intent of this article;

(2) The proposed signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development; and

(3) The comprehensive sign program accommodates future revisions that may be required due to changes in uses or tenants.

(g) Effectuation of a comprehensive sign program. Once a sign permit has been issued to an establishment or property owner located within the sign district of a comprehensive sign program, the program shall be considered effectuated and may be amended but not terminated.

(h) Amendments.

(1) Property owner consent required. Once a comprehensive sign program has been effectuated, an application to amend a program shall require the written, notarized authorization of all of the property owners that fall within its sign district boundary.

(2) Approval authority.

(i) Amendments involving major changes to a comprehensive sign program, including, but not limited to, changes in boundary of the sign district, sign area allowances, number or types of signs, height, location of proposed signs, or other significant design elements as determined by the Director, shall require approval by the Planning Commission.

(ii) Minor modifications to a comprehensive sign program involving changes to the construction methods, materials, colors, and plot plans, may be approved by the Director provided the changes are consistent with the prior approval by the Planning Commission.

(iii) Findings. In addition to the findings for approval of a comprehensive sign program contained in subsection (e) of this section (Authority to approve), amendments to an effectuated comprehensive sign program shall not be approved unless the following findings can be made:

(aa) The adoption of the comprehensive sign program did not grant the property owner(s) additional commercial advertising rights and/or privileges than would have otherwise been granted without a program;

(ab) Amending the program will not have an adverse impact on adjacent properties; and

(ac) Amending the program will not adversely affect the quality, logical order, and type of development of the property(ies) or adjacent properties.

(i) Termination. An effectuated comprehensive sign program may not be terminated. A comprehensive sign program that has not been effectuated may be terminated by the Director so long as written, notarized authorization is received from all property owners participating in, and subject to, the comprehensive sign program.

(j) Notification to new lessees. All new tenants leasing space within the sign district shall be subject to the requirements of an approved comprehensive sign program. The property owner and/or his/her representative shall provide a copy of the comprehensive sign program to all prospective tenants prior to entering into a lease and the lease shall require compliance with the approved comprehensive sign program. It shall be the responsibility of the property owner to ensure that tenants comply with the approved comprehensive sign program. Property owners shall not authorize a sign permit application that is inconsistent with the approved comprehensive sign program.

(k) Signs in multi-tenant centers without a comprehensive sign program. When a multi-tenant center constructed prior to the enactment of this article has no approved comprehensive sign program, the Director may approve a sign permit in accordance with the following:

(1) Signs shall be designed to match the construction style, materials, finishes, lighting, and colors of any existing signs. Where no existing signs exist, the following design standards shall apply:

(i) All signs shall be composed of individual channel, reverse channel or pushpin letters. The use of cabinet signs shall be permitted only when the Director determines individual letters are not feasible or are incongruent with the existing design of signs in the center.

(ii) Signs shall be placed in a manner to ensure that future tenant signs can be constructed in a consistent and uniform manner.

(iii) No monument or pylon signs shall be permitted for the center.

(iv) Sign materials shall be compatible with the architecture and design of the building.

(v) All signs shall be constructed of uniform materials, colors, and fasteners.

(vi) Any other requirements as determined by the Director.

(2) Signs shall be required to fully conform to the development and design standards of this article. No variances or exceptions from the standards contained in the article shall be permitted until a comprehensive sign program is approved.

(3) No temporary signs shall be permitted until a comprehensive sign program is approved for the multi-tenant center.

(l) Signs in multi-tenant centers operating under a nonconforming master or common sign program. An application for a sign permit may be approved by the Director if it conforms to a master or common sign program adopted prior to the enactment of this article.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-517 Temporary signs.

(a) Single-family residential subdivisions of five (5) or more lots. Temporary signs may be permitted for single-family residential subdivisions with five (5) or more lots, subject to the following standards and conditions:

(1) Purpose. In allowing temporary off-site residential subdivision signs, the City Council finds a compelling interest in allowing off-site temporary signs for single-family residential subdivisions, subject to approval of a comprehensive sign program and permitting process, while not allowing similar opportunities for multifamily housing or other businesses for two (2) reasons. First, residential subdivisions are generally not located in commercial activity centers, thereby limiting the effectiveness of any on-site advertising tools. Second, most new subdivisions are, by their very nature, difficult to find due to their location in areas where streets and highways are newly constructed. New streets and highways may not appear on maps or global positioning systems available to persons seeking to purchase new homes. This makes off-site directional signs advertising of available homes necessary to allow potential buyers to find them.

(2) Comprehensive sign program required. Approval of a comprehensive sign program is required prior to the installation of any temporary subdivision signs. A sign location plan shall be prepared showing the site of all signs and submitted with the application. Subdivision signs shall not be located in the public right-of-way or on City-owned property.

(3) Phased subdivision maps. All phases of a single tentative map by a single subdivider shall be considered as a single subdivision.

(4) Sign permit required. A sign permit and any other required permits shall be obtained prior to the installation of temporary subdivision signs.

(5) Illumination. Temporary subdivision signs shall not be internally or externally illuminated.

(6) On-site temporary signs. On-site temporary subdivision signs may be permitted for residential subdivisions approved by the City of Turlock that are actively under construction and being marketed subject to the following standards:

(i) Subdivision allowance. One (1) principal subdivision sign no greater than one hundred twenty-eight (128) square feet, and up to five (5) secondary subdivision signs, each no greater than sixty (60) square feet in size, located at a street entrance to, or within, the subdivision, may be permitted for the subdivision.

(ii) Model home allowance. One (1) sign no greater than sixteen (16) square feet may be permitted for each model home.

(iii) Grand opening allowance. For a single ten (10) day grand opening period, additional on-site banners, flags, and additional temporary signs may be approved so long as they do not create a traffic safety hazard.

(iv) Flags. Flags and flagpoles may be allowed on site subject to the following standards:

(aa) Flags shall be mounted on flagpoles which conform to zoning requirements and requirements of the California Building Code.

(ab) Feather flags and other devices directly mounted to the ground on temporary supports shall not be permitted.

(ac) Flagpoles shall be located only along the external street frontages on the outermost boundary of the subdivision.

(ad) Flagpoles shall not exceed thirty (30') feet in height measured from the grade of the property.

(ae) No portion of the flag shall be less than eight (8') feet from the grade of the property, adjacent sidewalk or street, or path of travel, whichever is greater.

(af) Flags shall not exceed fifteen (15) square feet in size.

(ag) Any commercial message displayed on the surface of the flag shall be counted toward the sign area allowance for the principal or a secondary subdivision sign.

(ah) No more than eight (8) flags and flagpoles shall be permitted for each subdivision entrance plus one for each model home.

(ai) Flagpoles shall not be located within the public rights-of-way.

(aj) Flagpoles shall be located at least five (5') feet from any property line. The Director may require an additional setback to protect public health and safety.

(ak) Flags shall be made of durable, nonreflective material and shall not be illuminated.

(al) Flagpoles shall be immediately removed when the flags are no longer displayed.

(am) Flags/banners shall be removed or replaced when faded or tattered.

(v) Banners. Up to three (3) banners may be displayed on site on the walls or fences of the subdivision. Only one (1) banner per street frontage of the subdivision shall be permitted. Banners shall not exceed three (3') feet by twenty (20') feet in size and shall be counted toward the sign area allowance for the principal or a secondary subdivision sign.

(7) Off-site temporary subdivision signs. Off-site temporary signs may be permitted subject to the following standards:

(i) Off-site signs shall not be constructed on a property being used for residential purposes.

(ii) Signs shall identify and market a specific subdivision that has received its approvals from the City of Turlock.

(iii) The property owner of each property on which a sign is to be located shall provide written, notarized authorization for the sign permit application and shall be responsible for compliance with this article.

(iv) Signs shall not exceed thirty-two (32) square feet per side for a single subdivision, and fifty (50) square feet per side when more than one (1) subdivision is advertised on the same sign. Framing and other architectural elements surrounding the sign shall not be counted towards sign area if not specifically depicting advertising, direction and/or as determined by the Director to be noncommercial in nature.

(v) No more than one (1) off-site sales sign per street frontage may be placed on any parcel.

(vi) No more than four (4) off-site signs shall be allowed in the City limit for each subdivision.

(vii) Signs shall not exceed six (6') feet in height measured from the average grade of the parcel or the grade of the adjacent sidewalk or roadway, whichever is greater.

(viii) Signs shall be constructed of durable, nonreflective material and shall not be illuminated.

(ix) Signs shall be removed or replaced when damaged or in disrepair.

(x) Signs shall be located to maintain the setback requirements of the applicable zoning district for the parcel on which they are placed.

(xi) Signs shall not be located in the public rights-of-way or public easements.

(8) Erection and removal.

(i) No off-site subdivision sign shall be erected on a parcel until at least one (1) subdivision is advertised on the sign;

(ii) A subdivision name may be advertised on the sign only after all necessary governmental construction approvals have been given and all governmental filings and reports have been accomplished;

(iii) A subdivision name shall be removed from the sign within thirty (30) days of the sale of the final lot in the subdivision; and

(iv) The off-site subdivision signs shall be removed by the property owner if no subdivision name has been advertised on it for a period of ninety (90) days. The property owner shall be responsible for removal of the sign.

(9) All other directional or advertising signs are prohibited.

(b) Nonresidential uses. Temporary on-site advertising signs for commercial and industrial uses may be permitted subject to the following standards and conditions:

(1) Sign permit required. A temporary sign permit shall not be required for a temporary sign installed on the wall of a building not exceeding twelve (12) square feet in size subject to the standards and conditions in this section. However, the applicant shall be required to register the sign with the Planning Division as to size, materials, mounting method and duration. All other temporary signs shall be required to obtain the approval of a sign permit prior to installation.

(2) Temporary signs that shall not be permitted. No temporary sign permit shall be issued for a temporary sign requiring the issuance of any other permit from the City, including, but not limited to, building, electrical, plumbing, grading, and encroachment permit(s).

(3) Comprehensive sign program required for multi-tenant centers. No temporary sign permit shall be issued to an establishment in a multi-tenant center without first obtaining the approval of a comprehensive sign program, except a temporary sign installed for the initial opening of a business. The proposed temporary sign shall comply with the standards and conditions in the comprehensive sign program as well as the standards and conditions in this article.

(4) Time duration. The display period for temporary signs, including those requiring registration only, shall be limited to a maximum of ninety (90) days per calendar year, either consecutively or intermittently. An additional sixty (60) days shall be allowed for the initial opening of an establishment and such signs may be displayed before and/or after the initial opening of the establishment. If an establishment has failed to register a temporary sign, the display period for temporary signs for the establishment shall be limited to a maximum of thirty (30) days for the next twelve (12) month period.

(5) Illumination. Temporary signs shall not be internally or externally illuminated.

(6) Materials. Temporary signs shall be constructed of durable materials and shall be maintained in a clean and neat manner. Temporary signs shall be removed or replaced when faded or tattered.

(7) Location generally. Temporary signs shall be displayed on site where the use is operating. Off-site signage shall not be permitted. Projection over the public right-of-way shall not be permitted.

(8) Sign standards. Unless otherwise stated by the approved comprehensive sign program, the following limitations apply:

(i) Only one (1) temporary sign is permitted per establishment at any time.

(ii) The sign shall be mounted directly on the wall of the building in which the business operates unless approved by the Director.

(iii) The sign shall not project above the roof line of the building.

(iv) The sign shall not exceed seventy (70%) percent of the width of the sign frame or eighty-five (85%) percent of the height of the sign frame.

(v) The sign shall not exceed thirty-two (32) square feet.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-518 Permanent on-site signs.

(a) Sign design standards. All permanent on-site signs shall be subject to the design and development standards in this article.

(b) Sign allowances. The type, number, maximum sign area or sign band height, and sign band vertical distance shall conform to the following table based on the primary use classification for the establishment. The use classifications in this table correspond to the major categories shown in the use classification tables contained in Chapters 9-3 and 9-4 TMC, except that any nonresidential use located in the commercial office zoning district or the office residential or downtown core transition downtown overlay districts shall be considered an “office use.” In residential zoning districts, the maximum sign allowance for a nonresidential use shall be the same as the allowance for a multifamily complex with thirty (30) or more units. For properties located in a mixed use zoning district or with a mix of uses, the Director shall determine which sign allowance(s) apply.

Use Classification	Sign Type	Development Standards
Use Classification	Sign Type	Maximum Number Permitted		Maximum Sign Area and/or Sign Band Height	Maximum Sign Band Vertical Distance
Residential Uses
Home occupation	Wall sign	1 sign per lot		1 square foot (s.f.)	6 feet
Family day care	Wall sign	1 sign per lot		1 s.f.	6 feet
Group homes or quarters (7 to 12 people)	Wall sign	1 sign per lot		1 s.f.	6 feet
Group homes or quarters (>12 people)	Wall sign	1 sign per street frontage, maximum of 2 signs		6 s.f.	Height of the outer wall or 20 feet, whichever is less
Group homes or quarters (>12 people)	Monument sign	1 sign per street frontage, maximum of 2 signs		12 s.f. per side Maximum sign band height is 2 feet	4 feet
Multifamily complex, 0-4 units	Wall sign	1 sign per complex		6 s.f.	Height of the outer wall or 20 feet, whichever is less
Multifamily complex, 5-29 units	Wall sign	1 sign of either type per street frontage, maximum of 2 signs		12 s.f. Maximum sign band height is 2 feet	Height of the outer wall or 20 feet, whichever is less
Multifamily complex, 5-29 units	Monument			12 s.f. per side Maximum sign band height is 2 feet	4 feet
Multifamily complex, ≥30 units	Wall sign	1 sign per street frontage, maximum of 2 signs		24 s.f. Maximum sign band height is 3 feet	Height of the outer wall or 20 feet, whichever is less
Multifamily complex, ≥30 units	Monument sign	1 sign per street frontage, maximum of 2 signs		15 s.f. per side Maximum sign band height is 3 feet	6 feet
Mobile home parks	Monument sign	1 sign per street frontage, maximum of 2 signs		12 s.f. per side Maximum sign band height is 3 feet	4 feet
Subdivision identification sign (20 or more lots)	Monument sign	2 signs per street frontage, maximum of 4 signs per subdivision		32 s.f. (signs shall be one-sided only)	6 feet
Public and Semi-Public Uses Maximum sign area is 0.75 s.f. for each foot of building frontage for individual letters, or 0.5 s.f. when individual letters are not used, subject to the following limitations:
Public buildings, and other institutions	Wall sign, primary building	1 primary sign per street frontage, maximum of 2 signs		Maximum sign band height is 3 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, additional buildings	1 primary sign		Maximum sign band height is 2 feet	Height of the outer wall or 20 feet, whichever is less
	Monument sign	1 sign per street frontage, maximum of 2 signs		24 s.f. per side (not counted toward maximum sign area)	4 feet
Parks	Wall sign	1 primary sign per building, nonilluminated		Maximum height of sign band is 2 feet	Height of the outer wall or 20 feet, whichever is less
Parks	Monument sign	1 sign per street frontage, externally illuminated only		24 s.f. per side (not counted toward maximum sign area)	4 feet
Office Uses Maximum sign area is 0.75 s.f. for each foot of building frontage for individual letters, or 0.5 s.f. when individual letters are not used, subject to the following limitations:
Standalone office establishments	Wall sign, primary	1 sign per building frontage, maximum of 3 signs		Maximum sign band height is 2 feet	Height of the outer wall or 20 feet, whichever is less
Standalone office establishments	Monument sign	1 sign per street frontage		24 s.f. per side (not counted toward maximum sign area)	4 feet
Office establishments in a sign district	Wall sign, primary	1 sign per building frontage, maximum of 2 signs		Maximum sign band height is 2 feet	Height of the outer wall or 20 feet, whichever is less
Office sign district	Monument sign	1 sign per street frontage, 1 additional sign for every 350 feet above 700 feet of street frontage when spaced at least 350 feet apart (subject to Planning Commission approval)		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	6 feet
Commercial Uses Maximum sign area is 1.25 s.f. for each foot of building frontage for individual letters, or 1.0 s.f. when individual letters are not used, subject to the following limitations:
Retail establishments 100,000 s.f. or more, standalone or in a sign district	Wall sign, primary	1 sign per building frontage, maximum of 3 signs		Maximum sign band height is 6 feet	Height of the outer wall or 20 feet, whichever is less
	Wall signs, secondary	4 signs		Maximum sign band height is 3 feet and width of each sign shall not exceed 10% of building frontage	Height of the outer wall or 20 feet, whichever is less
	Monument signs	1 sign per street frontage		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	8 feet
Standalone retail establishments 25,000 s.f. or more and less than 100,000 s.f.	Wall sign, primary	1 sign per building frontage, maximum of 3 signs		Maximum sign band height is 5 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, secondary	2 signs		Maximum sign band height is 2 feet and width of each sign shall not exceed 10% of building frontage	Height of the outer wall or 20 feet, whichever is less
	Monument signs	1 sign per street frontage		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	6 feet
Standalone retail establishments less than 25,000 s.f.	Wall sign, primary	1 sign per building frontage, maximum of 2 signs		Maximum sign band height is 3 feet	Height of the outer wall or 20 feet, whichever is less
Standalone retail establishments less than 25,000 s.f.	Monument signs	1 sign per street frontage		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	4 feet
Retail establishments less than 100,000 s.f. in a sign district	Wall sign, tenant >25,000 s.f. and <100,000 s.f.	1 primary sign per building frontage, maximum of 3 signs		Maximum sign band height is 5 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, tenant >25,000 s.f. and <100,000 s.f.	2 secondary signs		Maximum sign band height is 2 feet and width of each sign shall not exceed 10% of building frontage	Height of the outer wall or 20 feet, whichever is less
	Wall sign, tenant >10,000 s.f. and <25,000 s.f.	1 primary sign per building frontage, maximum of 2 signs		Maximum sign band height is 4 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, tenant >6,000 s.f. and <10,000 s.f.	1 primary sign per building frontage, maximum of 2 signs		Maximum sign band letter height is 3 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, tenant >2,500 s.f. and <6,000 s.f.	1 primary sign per building frontage, maximum of 2 signs		Maximum sign band height is 2.5 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, tenant <2,500 s.f.	1 primary sign per building frontage, maximum of 2 signs		Maximum sign band height is 2 feet	Height of the outer wall or 20 feet, whichever is less
Retail establishments on a pad site in a sign district	Wall sign, primary	1 sign per building frontage, maximum of 3 signs		Maximum sign band height is 3 feet	Height of the outer wall or 20 feet, whichever is less
Retail establishments on a pad site in a sign district	Monument sign	1 sign		12 s.f. per side (not counted toward maximum sign area)	4 feet
Retail sign district	Monument sign	1 sign per street frontage, 1 additional sign for every 350 feet above 700 feet of street frontage when spaced at least 350 feet apart (subject to Planning Commission approval)		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	8 feet
Retail sign district of 20 acres or more in size with at least 1,000 feet of freeway frontage	Pylon sign	1 sign per freeway frontage, additional signs for each 1,000 feet of freeway frontage of the Sign District (subject to Planning Commission approval)		Subject to Planning Commission approval	85 feet above the grade of the parcel
Drive-through restaurants	Wall sign, primary	1 sign per building frontage, maximum of 2 signs	Maximum of 3 signs of either type per street frontage	Maximum sign band height is 3 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, secondary	2 signs	Maximum of 3 signs of either type per street frontage	Maximum sign band height is 1.5 feet	Height of the outer wall or 20 feet, whichever is less
	Monument sign	1 per street frontage, maximum of 2 signs		12 s.f. per side (not counted toward maximum sign area)	4 feet
	Drive-through lane boards	2 per lane, maximum of 4 signs		32 s.f.	6 feet
Automobile service stations	Wall sign, primary	1 sign per building frontage, maximum of 2 signs	Maximum of 3 signs of either type per street frontage	Maximum sign band height is 3 feet	Height of the outer wall or 20 feet, whichever is less
	Wall sign, secondary	2 signs	Maximum of 3 signs of either type per street frontage	Maximum sign band height is 1.5 feet	Height of the outer wall or 20 feet, whichever is less
	Monument (including price signs)	1 double-faced sign per street frontage, maximum of 2 signs		24 s.f. per side (not counted toward maximum sign area)	6 feet
	Island canopy sign	1 per street frontage, maximum of 2 signs		15 s.f.; maximum sign band height is 2 feet	May not exceed 80% of height of the canopy fascia or 20% of the total width of the canopy
	Pump-topper signs	1 double-faced sign per fuel pump, motionless and nonilluminated		12" x 20" (not counted toward maximum sign area)	1 foot above the top of the pump on which it is attached
Industrial Uses Maximum sign area is 1.25 s.f. for each foot of building frontage for individual letters, or 1.0 s.f. when individual letters are not used, subject to the following limitations:
Industrial establishments 100,000 s.f. or more, standalone or in a sign district	Wall sign, primary	1 sign per building frontage, maximum of 3 signs		Maximum sign band height is 8 feet; maximum sign area is 300 s.f.	Height of the outer wall
	Wall sign, secondary	4 signs		Maximum sign band height is 4 feet; maximum sign band area is 150 s.f.	Height of the outer wall
	Monument sign	1 sign per street frontage; 1 additional sign for every 350 feet above 700 feet of street frontage when spaced at least 350 feet apart		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	6 feet
Standalone industrial establishments less than 100,000 s.f.	Wall sign	1 sign per building frontage, maximum of 2 signs		Maximum sign band height is 3 feet; maximum sign area is 150 s.f.	Height of the outer wall or 20 feet, whichever is less
Standalone industrial establishments less than 100,000 s.f.	Monument sign	1 sign per street frontage		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	4 feet
Industrial establishments less than 100,000 s.f. in a sign district	Wall sign, primary	1 sign per building frontage, maximum of 2 signs		Maximum sign band height is 2.5 feet	Height of the outer wall or 20 feet, whichever is less
Standalone industrial establishment 100,000 s.f. or more, on 20 acres or more, with at least 1,000 feet of freeway frontage	Freeway-oriented pylon sign	1 sign		100 s.f. and no greater than 50 s.f. per side (not counted toward maximum sign area)	35 feet above the lowest grade of the abutting freeway and no taller than 85 feet above the grade of the parcel
Industrial sign district	Monument sign	1 sign; 1 additional sign for every 350 feet above 700 feet of street frontage when spaced at least 350 feet apart (subject to Planning Commission approval)		Use table in subsection (b)(2) of this section (not counted toward maximum sign area)	10 feet
Industrial sign district 20 acres or more in size with at least 1,000 feet of freeway frontage	Freeway-oriented pylon sign	1 sign per freeway frontage, additional signs for each 1,000 feet of freeway frontage of the Sign District (subject to Planning Commission approval)		Subject to Planning Commission approval	50 feet above the lowest grade of the abutting freeway and no taller than 85 feet above the grade of the parcel

(1) Sign area exception for wall signs. Any primary wall sign permitted for a commercial or industrial use may be permitted a sign band of up to two (2') feet in height, regardless of the maximum sign area calculated for the establishment, so long as the sign does not exceed seventy (70%) percent of the width and eighty-five (85%) percent of the height of the sign frame.

(2) Sign area for monument signs.

(i) Monument signs shall not be included in the calculation of maximum sign area for any establishment.

(ii) The maximum sign area applies to each side of a monument sign. Monument signs shall have no more than two (2) sides. The maximum sign area for monument signs referencing the table in subsection (b) of this section (Sign allowances) shall be based on the length of the street frontage of the lot or multi-tenant center as follows:

Street Frontage	Maximum Sign Area
50 feet or less	12 square feet
More than 50 feet to 150 feet	24 square feet
More than 150 feet to 250 feet	36 square feet
More than 250 feet to 350 feet	50 square feet
More than 350 feet	15% of the street frontage of the property or multi-tenant center (length of street frontage x 0.15) up to a maximum of 150 square feet per monument sign

(3) Signs that may be used in lieu of a wall sign. Commercial flags, and awning, canopy and projecting signs, may be used in lieu of wall signs and shall be counted toward the maximum sign area for the establishment. Any portion of a directional sign or drive-through lane board sign that displays a commercial message shall be counted toward the maximum sign area for the establishment.

(4) Directional, informational, and directory signs. Directional, informational and directory signs may be permitted by the Director for any multifamily, commercial or industrial development upon making the following findings:

(i) The signs are necessary to protect the public safety and welfare;

(ii) The signs are the minimum size and number necessary to perform the required function; and

(iii) The maximum sign area for the establishment is not exceeded.

(5) Conversion of pad sites into multiple suites. When a pad site is subdivided into two (2) or more suites, and a monument sign would not have otherwise been permitted for a multi-tenant building under the comprehensive sign program, only one (1) of the tenants shall be permitted to advertise on the monument sign.

(6) Special uses.

(i) Automobile service stations. Signs for automobile service stations shall meet the following standards:

(aa) Price sign advertising shall comply with California Business and Professions Code Section 13530 et seq.

(ab) Only one (1) pump-topper sign mounted to the top of each fuel pump may be permitted.

(ac) Pump-topper signs shall be nonilluminated and motionless.

(ad) Price signs may utilize a programmable electronic sign.

(ae) Price signs shall not change more than twice per day.

(ii) Entertainment uses, special event centers, churches, sports complexes, and other similar uses. Certain uses such as live performance theaters, movie theaters, special event centers, churches, sports complexes, and the like have a need to advertise special events to the general public that change frequently. The events are scheduled in advance and typically occur over a limited period of time. Changeable copy as well as additional wall and marquee signs may be authorized for these uses by the Planning Commission upon approval of a comprehensive sign program.

(iii) Vehicle retail sales establishments. The building footprint occupied by vehicle retail sales establishments typically occupies a smaller portion of the property relative to the outdoor display area. This limits the amount of space available for the display of a commercial message compared with other businesses that display products inside a building. The purpose of establishing a banner program for vehicle retail sales establishments located in commercial zones is to recognize the distinctive requirements of this form of retail and to foster a unified image for vehicle sales lots throughout the City. A uniform banner program offers these special uses better ability to advertise and strengthens the collective impact of display and advertising in a manner that is attractive, safe, and enhances the streetscape and the economic well-being of the City.

(aa) Banner defined. For the purposes of this subsection, “banner” shall mean a nonpermanent sign, made of durable fabric, fastened from the top and bottom to a ground-mounted pole or similar structure on private property. Banners shall not be fastened to any landscaping/tree, fence or retaining wall.

(ab) Banner permits and standards. The Director may approve a permit for a banner program in accordance with the regulations and criteria set forth in this section and may impose such other reasonable conditions as may be deemed necessary in the public interest. The following regulatory standards are required conditions for any banner program:

1. Each property may display a maximum of one (1) “large banner” for every thirty (30) lineal feet of street frontage. Each property may display a maximum of one (1) “small banner” for every four hundred (400) square feet of parking and auto display area.

2. Each “large banner” shall be a minimum of sixteen (16) square feet and a maximum of twenty-eight (28) square feet. Each “small banner” shall be a minimum of eight (8) square feet and a maximum of sixteen (16) square feet. All banners of the same type on a property shall be the same size.

3. Large banners shall be located within ten (10') feet of the front or corner side property line.

4. No banner shall project over or into the public right-of-way.

5. No banner shall be closer than ten (10') feet to another banner.

6. The bottom of the banner shall be at least eight (8') feet and not more than twelve (12') feet above the surface below.

7. All decorative banners located on a property shall be of the same height and share a compatible design.

8. Banners shall be constructed of durable fabric intended for outdoor use. Nonfading inks shall be used on banners.

(ac) Other advertising signs. Vehicle retail sales establishments may establish a banner program in addition to temporary signs permitted for a retail establishment of the same size and characteristics. Temporary signs shall be subject to the standards established for nonresidential uses pursuant to TMC 9-2-517(b) (Temporary signs – Nonresidential uses).

(iv) Commercial cannabis uses. Signs for commercial cannabis businesses shall meet the following standards; if these standards conflict with other sections of this code or with a comprehensive sign program the following standards shall supersede:

(aa) Only cannabis businesses legally permitted to operate within the City of Turlock can advertise in City limits.

(ab) Off-site signs are prohibited.

(ac) All cannabis business operations within the City are limited to one (1) on-site wall sign, not to exceed a maximum sign band height of two and one-half (2.5') feet and a maximum sign area of twenty-five (25) square feet. The sign may only display the business’s name, logogram, address, hours of operation, and contact information. If the business is located in a multi-tenant center with a multi-tenant monument sign, one (1) sign space per monument sign is permitted. Standalone monument signs are prohibited.

(ad) In addition to the prohibited signs described in TMC 9-2-513 the following signs listed are inconsistent with the purposes and requirements of this article and as such are prohibited:

1. Temporary signs.

2. Window signs.

(ae) No sign shall contain the use of objects, such as toys, inflatables, movie characters, cartoon characters, or include any other display, depiction, or image designed in any manner likely to be appealing to minors or anyone under twenty-one (21) years of age.

(af) No sign shall contain a display, depiction, or image of a cannabis leaf or cannabis plant.

(ag) No sign shall contain a display, depiction, or image of any cannabis accessory or device used to consume cannabis.

(ah) Any signs located on the property of any cannabis business that do not conform with these regulations shall be removed by the business within thirty (30) days of the date written notice is provided by the City regarding the violation.

(1278-CS, Amended, 05/12/2020; 1237-CS, Rep&ReEn, 12/28/2017)

9-2-519 Maintenance, abandonment, and removal of signs.

(a) Maintenance of signs. All signs shall be kept in a good state of repair and preservation in accordance with TMC 9-2-511(d) (General development standards – Maintenance standards). The Director may declare any sign not meeting these standards as “abandoned” and the sign shall be abated in accordance with the procedures for abandoned signs. In these cases, the Director shall provide a thirty (30) day written notice to both the property owner and the establishment to repair or replace the sign prior to initiating an enforcement action in accordance with TMC 9-2-507(b) (Enforcement).

(b) Abandoned signs.

(1) Definition. A sign or sign structure shall be considered abandoned under the following circumstances:

(i) The sign advertises an activity, business, product, or service that has not been conducted for a period of six (6) months or longer.

(ii) The sign frames, sign panels, structural members, or supporting poles have not been used to advertise an activity, business, product, or service conducted on the property for a period of six (6) months or longer.

(iii) The sign, sign frames, sign panels, structural members, or supporting poles are excessively weathered, or structurally unsound.

(iv) The sign copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.

(2) Removal required. Abandoned signs shall be removed unless a time extension has been granted by the Director. Removal of the sign shall be the responsibility of the property owner and shall be removed at the property owner’s expense.

(i) Time extension permit application. The Director may approve a time extension permit to extend the amount of time an abandoned sign may remain as follows:

(aa) The application must be submitted in a timely manner.

(ab) The property owner must submit reasonable evidence that the sign will be used for a new tenant or property owner, or for the arrival of a new product line for an existing tenant.

(ac) The Director may require the property owner, as a condition of approving the time extension, to remove some or all of the elements of the sign such that the remaining sign(s) or sign structure is neat and unobtrusive in appearance and in harmony with the structure to which it is attached.

(ii) Schedule. The time extension permit shall include a schedule for the actions the property owner must take to allow the abandoned sign to remain.

(iii) Findings for approval. The Director may approve a time extension upon determining there is a reasonable expectation of the sign’s continued use and the time extension does not adversely impact other uses on the property, adjacent properties, or the public.

(iv) Completion of permit conditions. All conditions identified in the time extension permit shall be completed within the time frames specified in the time extension permit.

(3) Failure to comply. The Director shall give written notice to the property owner and the establishment allowing thirty (30) days to remove the sign or comply with the conditions of the time extension permit. Upon failure to comply within the thirty (30) day period, the Director may initiate an enforcement action in accordance with TMC 9-2-507(b) (Enforcement).

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-520 Nonconforming signs.

(a) Any nonconforming sign that has been abandoned for a period of six (6) months or longer shall be removed within thirty (30) days of receiving a notice from the Director. Upon failure to comply with the notice, the Director may initiate an enforcement action in accordance with TMC 9-2-507(b) (Enforcement).

(b) A nonconforming sign shall not be replaced, reconstructed, relocated, or expanded in any manner unless and until the affected element(s) of the sign are made to conform to the provisions of this article. Structural alterations to a nonconforming sign shall be prohibited, except to make the sign conforming. Ordinary maintenance and minor repairs which do not increase the normal life of the sign and which are required for safety purposes will be permitted.

(1) Master and common sign programs adopted prior to the enactment of this article shall be considered conforming and shall have the same regulatory status as a comprehensive sign program. The geographic area defined by the parcel(s) included in the master or common sign program shall be considered a “sign district” for the purposes of this article.

(2) Any amendments to a previously approved master or common sign program shall require the approval by the Planning Commission subject to the same standards and procedures as a comprehensive sign program, and shall comply with this article to the maximum extent feasible.

(3) An existing sign permitted under the previously approved master or common sign program shall be considered conforming and may be replaced or reconstructed in accordance with the previously approved master or common sign program.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-521 Removal of nonpermitted temporary signs.

Temporary signs posted or erected in the public right-of-way or on private property in violation of this article may be immediately removed in accordance with this section.

(a) City employees are authorized to remove such temporary signs. Removed signs shall be taken to the corporation yard. After removal, the employee shall attempt to notify the owner of the sign or other responsible party. In cases where a sign contains the name of a printing firm, the employee shall also attempt to notify the printing firm that the sign has been removed, the location of the sign, the procedure for retrieving the sign, and the procedure for challenging the removal of the sign.

(b) Any person desiring to retrieve a sign removed by the City may do so upon the payment of fines and fees accumulated by the City pursuant to Chapter 2-11 TMC (Administrative Citations), Chapter 4-16 TMC (Cost Recovery), and/or Chapter 5-5 TMC (Nuisance Abatement).

(c) Any temporary sign removed by the City that is not retrieved within fifteen (15) calendar days after the date of its removal may be disposed of by the City without liability to any person. The cost of its removal shall be paid by the owner of the property upon which the sign is located and, if necessary, made a lien on the property.

(1237-CS, Rep&ReEn, 12/28/2017)

9-2-522 Unsafe and unlawful signs.

(a) If the Director finds that any sign regulated by this article is unsafe or insecure; is a menace to the public; is in a dilapidated, decayed, or neglected state; or has been constructed, erected or maintained in violation of the provisions of this article, the Director shall give written notice to the property owner and the establishment to immediately correct the unsafe or unlawful condition. If the sign is not removed or altered to comply with the Director’s notice, the sign shall be immediately removed and the cost of such removal shall be paid by the owner of the property upon which the sign is located and, if necessary, made a lien on the property.

(b) 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 Director. The cost of its removal shall be paid by the owner of the property upon which the sign is located and, if necessary, made a lien on the property.

(1237-CS, Rep&ReEn, 12/28/2017)

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 providing a service to 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.

(d) Minimize the visual impacts these facilities can create in the community by promoting well-designed, inconspicuous, and appropriately placed facilities.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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” shall mean 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” shall mean an antenna which is affixed to or supported by the roof or exterior wall of a building or other structure.

(2) “Ground mounted” shall mean 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” shall mean the location of two (2) 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” shall mean any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

(d) “Electromagnetic radio frequency waves” shall mean 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” shall mean 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” shall mean a facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

(1207-CS, Rep&ReEn, 05/28/2015)

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, California Building Code, National Electrical Code, the Turlock Municipal Code and any other codes and standards as applicable.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-604 Permit requirements.

All wireless communication facilities shall be subject to the following permitting requirements:

(a) Prohibited. Facilities in an R district which do not meet the following requirements:

(1) Are building mounted, entirely stealthed freestanding facilities, or totally enclosed within a building.

(2) If building mounted, are located or screened so as to prevent any public view or are architecturally designed to appear as an integral part of the building on which it is attached.

(3) If freestanding, are located on a property one (1) acre in size or larger unless the Development Services Director determines that the facility is designed to minimize visual impact to neighboring properties.

(b) Discretionary permit not required. New wireless communication facilities and minor expansions as defined in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 which will be co-locating on or within an existing approved tower or facility and comply with all applicable provisions of this article shall not be required to obtain a discretionary permit. New facilities authorized under this subsection must incorporate the same stealthing technique as utilized on the existing wireless communication facility. A visual simulation showing the proposed facility superimposed on photographs of the existing facility on the site with the existing surroundings shall be submitted as part of the building permit application.

(1) Minor discretionary permit required. The following facilities require a minor discretionary permit:

(i) All building mounted facilities, located in industrial or the heavy commercial (C-H) 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, visual compatibility, and screening.

(ii) All ground mounted facilities located in an industrial zoning district (including planned developments of an industrial nature), which are located at least five hundred (500') feet from a residential zoning district or the boundary of the beautification master plan area, and comply with the height, location, visual compatibility, and screening requirements contained within this article.

(2) Findings for approval. An application for a minor discretionary permit for a wireless communication facility may be granted as provided in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits), 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 is a stealth facility and 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.

(d) Conditional use permit.

(1) Conditional use permit required. The following facilities require a conditional use permit:

(i) All facilities in an R district that are not prohibited by this article.

(ii) All building-mounted facilities located in a commercial zoning district, except in the heavy commercial (CH) district when approved pursuant to subsection (c) of this section.

(iii) All ground mounted facilities that are located in a commercial zoning district.

(iv) All ground mounted facilities that are located in an industrial zoning district, but are within five hundred (500') feet of the Beautification Master Plan area or a residential zoning district.

(v) All facilities that do not comply with the height, location, visual compatibility or screening requirements of this article.

(vi) For those facilities where the Development Services Director determines the project may create a significant impact to the neighborhood.

(2) Findings for approval. An application for a conditional use permit for a wireless communication facility may be granted as provided in Article 6 of Chapter 9-5 TMC, and if it is found that the following additional findings can be made:

(iii) The approval of the proposed wireless communication facility will not affect the purposes of this article as defined in TMC 9-2-601.

(iv) The proposed wireless communication facility conforms to the greatest extent possible with the provisions of this article.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-605 Application requirements.

Prior to application submittal, applicants shall attend a pre-application meeting 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. The applicant shall provide all required application materials listed in subsection (a) of this section for the pre-application meeting at least three (3) working days prior to the meeting and in accordance with the procedure established by the Development Services Director.

(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 five hundred (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 (3) 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 co-located at existing nearby site and why or why not.

(iii) Height. Using nontechnical 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.

(4) Visual simulations. The applicant shall submit scaled visual simulations, showing the proposed facility superimposed on photographs of the site and surroundings, to assist in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section.

(5) Expert evaluation. A professional telecommunications expert shall perform an evaluation of the radio frequency certifying that the frequency levels meet Federal standards and that the facility will not interfere with the City’s or other public entities’ emergency broadcast systems.

(6) Special studies. Any special studies required for environmental review.

(7) Other application materials. Any other materials deemed necessary by the Director of Development Services.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

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 (R) 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.

(1207-CS, Rep&ReEn, 05/28/2015)

9-2-607 Setbacks.

At a minimum, all new facilities shall comply with the following setback requirements:

(a) For every one (1') foot in height of the proposed facility, the facility shall be set back one (1') foot from any street frontage.

(b) When abutting an R district, a minimum setback shall be provided as follows: rear yard: fifteen (15') feet; side yard: ten (10') feet.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-2-608 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, antennas, 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 nonreflective 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.

(e) New wireless communication facilities shall be co-located with other existing or planned facilities where feasible to minimize visual impact.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-609)

9-2-609 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 preconstruction condition within ninety (90) days of the cessation of operation.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015. Formerly 9-2-610)

Article 7. Cannabis Uses

9-2-701 Purpose.

In addition to the purposes listed in TMC 9-1-103, and elsewhere in each of the base district regulations, the purpose of the cannabis use regulations are to:

(a) Establish suitable environments compatible with each of the distinct cannabis businesses;

(b) Strengthen the City’s economic base, and provide employment opportunities close to home for residents of the City and surrounding communities; and

(1259-CS, Added, 09/12/2019)

9-2-702 Conditional uses.

A cannabis business, as defined in TMC 9-1-202, shall only be allowed to operate through the issuance and maintenance of a conditional use permit (“CUP”), and development agreement with the City.

(1259-CS, Added, 09/12/2019)

9-2-703 Use classifications.

(a) Except for in the downtown overlay district (defined in the Turlock downtown design guidelines and zoning regulations document and Chapter 9-4 TMC), or in the Westside Industrial Specific Plan (defined in TMC 9-2-705), cannabis businesses may only be conditionally permitted in the specified zoning districts:

(1) Cultivation.

(i) Heavy commercial/light industrial district (C-H);

(ii) General industrial district (I).

(2) Distribution.

(i) Heavy commercial/light industrial district (C-H);

(ii) General industrial district (I).

(3) Manufacturing.

(i) Heavy commercial/light industrial district (C-H);

(ii) General industrial district (I).

(4) Retail cannabis sales.

(i) Community commercial district (C-C);

(ii) Heavy commercial/light industrial district (C-H);

(iii) Commercial thoroughfare district (C-T).

(5) Cannabis testing laboratories.

(i) Commercial office district (C-O);

(ii) Community commercial district (C-C);

(iii) Heavy commercial/light industrial district (C-H);

(iv) General industrial district (I).

(b) If any parcel is subject to dual zoning, as defined in TMC 9-1-202, the most restrictive zoning designation shall determine the authorized cannabis business use on that parcel.

(c) If any parcel is subject to split zoning, as defined in TMC 9-1-202, the zoning designation of the majority of the parcel shall determine the authorized cannabis business use of that parcel.

(1275-CS, Amended, 02/12/2020; 1259-CS, Added, 09/12/2019)

9-2-704 Permitted uses in the downtown overlay district.

Downtown overlay district regulations apply specifically to the downtown area as defined in the Turlock downtown design guidelines and zoning regulations document and Chapter 9-4 TMC.

(a) The following cannabis businesses shall be prohibited in the downtown overlay district:

(1) Cultivation;

(2) Distribution;

(3) Manufacturing;

(4) Cannabis testing laboratories.

(b) Retail cannabis sales businesses shall be conditionally permitted within the following zoning districts of the downtown overlay district:

(1) Downtown core district (DC);

(2) Downtown core transition district (DCT);

(3) Transitional commercial district (TC).

(c) Retail cannabis sales businesses shall be prohibited in all other zoning districts within the downtown overlay district.

(1259-CS, Added, 09/12/2019)

9-2-705 Permitted uses in the Westside Industrial Specific Plan.

(a) Cannabis businesses shall be prohibited in the Westside Industrial Specific Plan (“WISP”), except in the region provided below:

(1) As depicted in the map below, certain cannabis businesses may be conditionally permitted in a region with boundaries along: City limits on the west and the south, Highway 99 to the east, the Union Pacific Railroad to the north, then southward along Tegner Road, and westward along Ruble Road to the western City limit, and the area bound by Highway 99 to the west, Tully Road to the east, and West Main Street to the south, hereinafter “WISP cannabis overlay.”

(2)

(b) Cultivation, distribution, manufacturing, and testing laboratory cannabis businesses may be conditionally permitted in the general industrial zoning districts (I) of the WISP cannabis overlay defined in subsection (a) of this section.

(c) Retail cannabis sales may be conditionally permitted in the community commercial zoning district (C-C) of the WISP cannabis overlay defined in subsection (a) of this section.

(1275-CS, Amended, 02/12/2020; 1259-CS, Added, 09/12/2019)

Article 8. Industrial Hemp Uses

9-2-801 Purpose.

In addition to the purposes listed in TMC 9-1-103, and elsewhere in each of the base district regulations, the purposes of the industrial hemp use regulations are to:

(a) Strengthen the City’s economic base, and provide employment opportunities close to home for residents of the City and surrounding communities; and

(b) Minimize the impact of industrial hemp businesses on adjacent property uses.

(1283-CS, Added, 10/22/2020)

9-2-802 Hemp cultivation.

Hemp cultivation shall be prohibited within all zones of the City of Turlock, whether conducted indoors or outdoors.

(1283-CS, Added, 10/22/2020)

9-2-803 Conditional uses.

“Type B industrial hemp business,” as defined in TMC 9-1-202, shall only be allowed to operate through the issuance and maintenance of a conditional use permit (“CUP”), within the City, subject to the use classifications in this article.

(1283-CS, Added, 10/22/2020)

9-2-804 Use classifications.

(a) Type A industrial hemp businesses may only be permitted in the specified zoning districts with a minor discretionary permit:

(1) Heavy commercial/light industrial district (C-H);

(2) Business park district (I-BP);

(3) General industrial district (I).

(b) Type B industrial hemp businesses may only be permitted in the specified zoning districts with a conditional use permit:

(1) Heavy commercial/light industrial district (C-H);

(2) General industrial district (I).

(1283-CS, Added, 10/22/2020)

9-2-805 Permitted uses in the downtown overlay district.

Downtown overlay district regulations apply specifically to the downtown area as defined in the Turlock downtown design guidelines and zoning regulations document and Chapter 9-4 TMC. All industrial hemp businesses shall be prohibited in the downtown overlay district.

(1283-CS, Added, 10/22/2020)