Title 10 — ZONING REGULATIONS[[1]]

Footnotes:

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Editor's note— Ord. No. 3562-C.S., § 1(Exh. A), effective May 24, 2012, repealed and reenacted Title 10 in its entirety to read as herein set out. Formerly, Title 10, Chapters 1—4, pertained to planning and zoning. See Table 1—Disposition of Ordinances, Table 2—Ordinance List and Disposition Table, and the Code Comparative Table and Disposition List for complete derivation. Amendments are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance.

Chapter 1 - PURPOSE AND AUTHORITY Article 1. - Purpose

This Title shall be known as "Zoning Regulations."

Zoning regulations are established to serve the public health, safety and general welfare and to provide the physical, economic and social advantages resulting from an orderly, planned use of land resources.

In interpreting and applying the provisions of this Title they shall be held to be the minimum requirement for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended that these regulations interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this Title imposes a greater restriction upon the use of buildings or land than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this Title shall control.

Article 2. - Planning Commission

The Planning Commission (Commission) of the City of Modesto is hereby established to consist of seven

(7) members appointed in accordance with and for the terms prescribed by Section 1102 of the Charter.

The Commission shall have the general powers and duties specified in Section 1107 of the Charter and shall have the power and duty to:

(a)

Perform all of the functions assigned to a Commission by the statutes of the State Law relating to planning and zoning, insofar as they are not inconsistent with the provisions of the Charter.

(b)

Prepare and recommend the adoption, amendment or repeal of the General Plan.

(c)

Advise and recommend to the proper officials of the City the approval, disapproval or modification of all land subdivision in accordance with the Subdivision Map Act of the State of California, or as may be provided by this Code.

(d)

Hold hearings on planning and zoning matters as prescribed by this Title.

(e)

Review and recommend to the City Council (Council) a capital improvements program budget.

(f)

Advise and recommend to the Council on matters required by law or referred by the Council.

The Commission shall elect a chairman and vice-chairman from its membership in accordance with Section 1104 of the Charter. In the absence or disability of either the chairman or vice-chairman, the Commission may designate a chairman pro tempore. The Commission shall hold at least one (1) regular meeting each month. The Commission shall adopt rules for the transaction of its business and shall keep a written record of its resolutions, transactions, findings and determinations.

The Community and Economic Development Department (Department) shall provide staff assistance to the Commission. The Community and Economic Development Director (Director) or the Director's designee shall serve as Secretary to the Commission.

All final actions by the Commission may be appealed to the Council.

Article 3. - Board of Zoning Adjustment

The Board of Zoning Adjustment (Board) of the City of Modesto is hereby created to consist of seven (7) members appointed in accordance with and for the terms prescribed by Section 1102 of the Charter. One (1) member shall be appointed from members of the Commission.

The Board shall have the following powers and duties:

(a)

To consider planning and zoning matters as prescribed by this Title.

(b)

To advise and recommend to the Council on matters required by law or referred by the Council.

The Board shall elect a chairman and vice-chairman from its membership in accordance with Section 1104

of the Charter. In the absence or disability of either the chairman or vice-chairman, the Board may designate a chairman pro tempore. The Board shall hold at least one (1) regular meeting in each month. The Board shall adopt rules for the transaction of its business and shall keep a written record of its resolutions, transactions, findings and determinations.

The Department shall provide staff assistance to the Board. The Director or the Director's designee shall serve as Secretary to the Board.

All final actions by the Board may be appealed to the Council.

Article 4. - Creation of Zones and Zone Boundaries

In order to classify and regulate the land use and development of the City of Modesto, the following zones are created:

(Amended by Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

The location and boundaries of the various zones are as shown on the Zoning Map of the City, copies of which are on file in the office of the Department. This map and all notations, references and other information shown on it are made a part of this Title by reference. The Zoning Map may be divided into sections which may be separately referred to when amending the Zoning Map or for any official reference to the Zoning Map.

Where uncertainty exists as to the boundary of any zone, the following rules shall apply:

(a)

Where the zone boundary is indicated as being approximately upon the center line of a street, alley or block, or along a property line, then, unless otherwise definitely indicated on the map, the center line of the street, alley or block or the property line shall be construed to be the boundary of the zone.

(b)

Wherever the zone boundary is indicated as being approximately at the line of any river, irrigation canal or other waterway, railroad right-of-way, or public land or any section line, then the center of the stream, canal, or waterway, or the railroad right-of-way or the boundary line of the public land or section line shall be construed to be the boundary of the zone.

(c)

Where the application of the above rules does not clarify the zone boundary location, the Director shall interpret the map.

Prezoning is when land that is not in the City of Modesto, but is in the Modesto Sphere of Influence, is approved for a City Zone.

(a)

Prezoned land shall carry a "P" prefix before the zone classification and shall be so designated on the official Zoning Map of the City.

(b)

The zone established by prezoning shall become effective and the "P" prefix shall be automatically removed when the property is annexed.

(c)

New annexations are required to prezone the annexation area prior to or concurrent with the annexation.

Article 5. - General Zoning Provisions

If ambiguity exists regarding the provisions of this Title, the Director shall make the determination as to meaning. At the discretion of the Director, any Director determination under this Title may be referred to the Planning Commission for decision. Where conflict between regulations occurs, the regulations in this Title shall apply.

(a)

The Director and the Chief of Police are hereby designated as the officer authorized to enforce this Title. Their failure to enforce any provision of this Title shall not legalize any violation of such a provision, nor shall it give rise to any civil or criminal liability. Prior to the issuance of any permit by the Chief Building Official, the plans of and for the proposed erection, construction, reconstruction, alterations and use shall fully conform to all provisions of this Title.

(b)

In addition to any other remedy provided by law, whenever any building, structure or land is being used or occupied contrary to the provisions of this Title, the Director or Chief of Police may order the use or occupancy discontinued and the building, structure or land or portion thereof to be vacated by serving notice on any person(s) causing the use or occupancy to be continued. The person(s) shall discontinue the use or occupancy within ten (10) days after the receipt of a notice or make the use of the building, structure or land or portion thereof comply with the requirements of this Title. The Director or Chief of Police may

allow more than ten (10) days for compliance and designate a compliance date deemed reasonable under the circumstances. A notice and order shall be stayed pending the completion of an appeal or application for a variance.

All departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title. No license or permit for uses, buildings or purposes in conflict with the provisions of this Title shall be issued. Any license or permit, if issued in conflict with the provisions hereof, shall be null and void.

(a)

Limitation of Land Use. No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose except as specifically allowed in the zone in which the building or land is located.

(b)

Nuisance. The operation of any land use shall not cause an unreasonable amount of noise, odor, dust, mud, vibration or electrical interference detectable off the premises.

(c)

Uses Not Specified. If a use is not specifically listed as a permitted or conditional use in one of the zones, the Director shall determine the zone or zones in which it is allowed as a permitted or conditional use. The determination shall be based on comparable uses which are listed and reference documents like the "Standard Industrial Classification Manual" may also be utilized.

(a)

Design Review Guidelines. In reviewing any proposed development, the Board, Commission, Council or Director may utilize design review guidelines as may be adopted from time to time by the Board, Commission or Council.

(b)

Fees. Filing fees for any of the procedures authorized by this title are required to be paid by applicants, except that public agencies shall be exempt from such fees. The City Council shall establish these fees by resolution adopted from time to time.

(c)

Site Plan Requirements. If a site plan, elevation, perspective or floor plan is required by this Title as part of an application, the plan drawings shall conform to all standards as published by the Director.

Chapter 2 - DEFINITIONS Article 1. - Definitions

The words and phrases used in Title 10 shall have the meanings respectively ascribed to them in this Article unless otherwise apparent from the context. Words not listed in this Article shall be interpreted as defined in a dictionary or other standard reference manual.

A building, structure, or use that is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. An accessory building or structure is detached from the main building on the lot. Examples of an accessory building or structure include but are not limited to: work shop, storage shed, garage, carport, shade structure, gazebo, freestanding sign, and antenna. The description of an accessory use is provided in Section 10-3.201.

(Ord. No. 3704-C.S., effective 11-7-2019)

A public right-of-way for the use of pedestrians and vehicles which serves or is designed to serve as the secondary means of access to abutting property.

A business that has nine (9) or more amusement machines as defined in Sections 4-1.103 and 4-1.104 of the Municipal Code.

This type of housing is defined as a residence that provides 24-hour assistance with activities of daily living, meals, laundry, and dispensing of medications.

A single-family dwelling in which overnight lodging and breakfast are provided for a fee.

The Board of Zoning Adjustment of the City of Modesto.

The provision of meals for compensation on not less than a weekly basis.

A structure having a roof usually supported by walls and attached to a foundation is used or intended to be used for supporting or sheltering any use or occupancy. Storage shed, garage, carport, shade structure,

and gazebo are included in this definition.

(Ord. No. 3704-C.S., effective 11-7-2019)

The principal building on a lot designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one (1) building designed or used for the primary purpose, each building on the lot shall be a main building.

A structure used as temporary housing which may contain cooking facilities, is designed for transport by a pickup truck, and has no wheels or foundation.

10-2.112 - City.

The City of Modesto.

The Planning Commission of the City of Modesto.

A site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents.

Construction shall be complete when the final required building inspection has been completed and approved by the Chief Building Official.

Construction shall be started when all of the following have been completed by the developer:

(a)

Filing of full sets of building plans with the Chief Building Official and issuance of a building permit including electrical, plumbing, and mechanical permits.

(b)

Performance of all conditions of approval specifying "prior to the issuance of a building permit" as found in any applicable resolutions adopted by the Council, Commission, or Board.

(c)

Payment of all required fees, including building permit fees, and the posting and acceptance of all public improvement securities, if applicable.

(d)

Compliance with any environmental review procedures of the City.

The number of dwelling units per acre on a property, exclusive of public and private streets.

The Community and Economic Development Department of the City of Modesto.

The Community and Economic Development Director of the City of Modesto. The responsibilities of the Director may be carried out by a designee.

"Disability" means a person with: (1) a physical or mental impairment that substantially limits one (1) or more of a person's major daily living activities, (2) a record of having, or being perceived as having, a physical or mental impairment, but not including current illegal use of, or addiction to, a controlled substance (as defined by Section 102 of the Federal Control Substance Act, at 21 U.S.C. Sec. 802).

The "Downtown Area" is that area bounded by Needham Avenue, Downey Avenue, Burney Avenue, Grand Street-D Street, Yosemite Boulevard, South Morton Boulevard, B Street, Tuolumne Boulevard, Freeway 99, and Kansas Avenue, and the extension thereto across the Union Pacific RR tracks back to Needham Avenue. See Figure 2.1-1. The purpose of this definition is intended for determining required parking in the area shown below, pursuant to Section 10-5.102.

Figure 2.1-1 DOWNTOWN AREA

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10-2.121(B) - Duplex.

Two (2) primary single-family dwelling units on a single parcel that have separate entrances. A duplex is not a multiple-family dwelling as defined in Section 10-2.122 even if the two (2) units share walls or are otherwise connected.

(Ord. No. 3797-C.S, § 2, effective 6-24-25)

10-2.122 - Dwelling, Multiple-Family.

A building designed for and/or occupied by two (2) or more families.

10-2.123 - Dwelling, Single-Family.

A detached building designed for and/or occupied by one (1) family.

A single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Any structure or facility, the primary purpose of which is to provide housing or temporary shelter, with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay. This definition includes other interim interventions, including but not limited to a navigation center, bridge housing, and respite or recuperative care.

(Ord. No. 3771-C.S., § 1, effective 12-14-23)

10-2.126 - Entertainment.

A single event, a series of events, or an ongoing activity which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention, gaining the attention or diverting or amusing guests or patrons. Entertainment may be provided indoors or outdoors, on a temporary or ongoing basis, on private property or on or adjacent to public property or roadways, and with or without a fee. Entertainment activities are mostly passive where the public is watching and listening but can be active where the public is physically involved such as dancing. Examples of entertainment include but are not limited to: carnivals, circus acts, comedy acts, concerts, contests, dance acts, dancing to live or recorded music exhibitions, musical song acts, plays, rodeos, sporting events, and talent shows. See Article 4 of Chapter 1 of Title 4 of the Modesto Municipal Code regarding Entertainment Establishments and Special Events. Title 10 does not address entertainment activities on roadways.

An establishment where entertainment is provided for the public as an ongoing activity, either independent or in conjunction with any other use. Examples of entertainment establishments are dance halls, night clubs, performing arts auditoriums, and theaters. See Article 4 of Chapter 1 of Title 4 of the Modesto Municipal Code regarding Entertainment Establishments and Special Events to determine when an Entertainment Permit is required.

An animal that is not usually domesticated, and of a species that, due to size, wild nature or other characteristic, is dangerous to humans. The term includes animals the keeping of which are licensed by the state or federal government, such as wolves, raptors and pheasants. Exotic animals include but are not limited to: eagles, ocelots, jaguars, cougars, weasels, ferrets, badgers, monkeys, chimpanzees, coyotes, wolves, and snakes.

An individual or two (2) or more persons living together as a single household unit in a dwelling unit. Family does not include larger institutional group living situations including, but not limited to, fraternities and sororities nor does it include commercial group living arrangements including, but not limited to, boarding houses and lodging houses.

The retail sale of used or secondhand merchandise at dwellings and on residentially zoned property, also commonly known as patio sales or yard sales, etc.

The lowest point of elevation on the finished graded surface of the ground, paving or sidewalk within that area which is no more than five (5) feet from the perimeter of the structure or building footprint, or in the case of a fence or wall, within one (1) foot perpendicular from the corresponding point along the fence or wall. See Figures 2.1-2 and 2.1-3. The footprint of a building or structure, as described herein, shall include the supporting posts for any unenclosed portion of the structure, such as for a porch, patio cover, or canopy structure.

Figure 2.1-2 Figure 2.1-3

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The vertical distance above grade to the highest point of a building or structure, fence or wall. Where the grade differs on each side of a fence or wall, the height of the fence or wall shall be measured from the higher grade. See Figure 2.1-4.

Figure 2.1-4

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A homeless shelter means any of the following:

(a)

Any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements; or

(b)

An emergency shelter, as defined in Section 10-2.125; or

(c)

A navigation center is a housing first, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

(Ord. No. 3771-C.S., § 1, effective 12-14-23)

Animals or fowl ordinarily kept in a house for company or pleasure and not for profit.

A place where three (3) or more dogs of five (5) months of age or four (4) or more cats of four (4) months of age or older are kept.

The provision of sleeping accommodations for compensation on not less than a weekly basis.

A recorded parcel of real property lawfully created as required by applicable Subdivision Map Act and City requirements.

The total horizontal area within the boundaries of a lot.

A through lot where access is not allowed along one of the fronting streets.

A lot situated at the intersection or interception of two (2) or more streets, which streets have an angle of intersection or interception of not more than one hundred thirty-five (135) degrees.

The portion of a lot occupied by structures including patios, porches, garages, and covered parking spaces. The area of a structure is measured from exterior walls or support posts. Accessory recreational and decorative structures such as gazebos, pergolas, and wood decks, as well as impervious surfaces such as driveways, uncovered parking spaces, swimming pools, retaining walls are not counted towards lot coverage.

A lot that does not satisfy the standard minimum lot width requirement for the zone at the front lot line and consists of two (2) distinct parts: the "flag" (which is the buildable portion of the lot) located generally behind another lot; and the "flag pole" which provides the only access from the street to the buildable portion of the lot. See Figure 2.1-5.

Figure 2.1-5

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A lot with single street frontage as opposed to a lot with more than one (1) street frontage such as a through lot or corner lot.

A lot located between two (2) parallel streets, with frontage on both streets. See Figure 2.1-6.

Figure 2.1-6

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For an interior lot, a line separating the lot from the street. For a corner lot, the front lot line shall be the line separating the narrowest street frontage of the lot from the street.

10-2.146 - Lot Line, Rear.

A lot line which is opposite and most distant from the front lot line. Any lot line which has an angle of more than forty-five (45) degrees from a side lot line in the rear one-third (⅓) of the lot shall be considered a rear lot line.

A lot line along the boundary of a lot between the front and rear lot lines.

On a corner lot, the street-side lot line shall be the line separating the widest street frontage of the lot from the street.

The horizontal distance between the side lot lines measured parallel to the front lot line at any point between the front and rear lot lines.

A housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

(2)

Pets.

(3)

The storage of possessions.

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two (2) beds, or private rooms.

(Ord. No. 3771-C.S., § 2, effective 12-14-23)

Manufacturing of products from raw or unprocessed materials, where the finished product may be combustible or explosive. Heavy manufacturing may include any establishment or facility using large

outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building design, or those engaging in large scale outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or airborne particulates that may be offensive or obnoxious adjacent land uses, or that requires a significant amount of on-site hazardous chemical storage, shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Light Manufacturing uses are permitted.

Examples include, but are not limited to, the production of the following products: asphalt, ceramics, glass, clay, concrete (no rock crushing), gas, metal (including foundries, forge shops, open air welding), oil and grease products, petroleum products, plastics, and vehicles (includes automobiles, boats, and recreation vehicles).

Manufacturing of products from processed or unprocessed raw materials, where the finished product is non-combustible and non-explosive. Light manufacturing includes product assembling or mixing, where previously processed components or manufactured parts produced on-site or off-site are fitted or blended together to form a product. Light manufacturing shall include any packaging of the product being manufactured on-site or off-site. Light manufacturing may also include any establishment or facility using large unscreened outdoor structures such as conveyor belt systems and storage silos. Light manufacturing uses may produce noise, vibrations, illumination, or airborne particulates perceptible to adjacent land users, which are not offensive or obnoxious. Odors produced on-site shall not have a significant negative effect on other businesses or properties in the area.

Examples of packaging include facilities for bottling, canning, wrapping, and boxing of products assembled or manufactured on-site or off-site. Examples of the products include, but are not limited to, beverages, electronic components, food products including meats.

Examples of assembling include, but are not limited to, the production of the following: clothes, computer software, electric or electronic components, furniture (where wood is milled off-site), hardware, mechanical components, pharmaceuticals, toys, and small vehicle assembly.

Examples of manufacturing include, but are not limited to, the production of the following: apparel products, beverages, candy and other confectionery products, ceramics (small products such as figurines, stoneware, porcelain, wall and floor tiles), computer hardware, cosmetics, dairy products, electronics, food and beverage products, jewelry, leather products, musical instruments, metal products (fabricated) made from semi-finished metals, office and artist materials, paper and cardboard products (converted but excluding burning operations), pharmaceuticals, plastic or resin, rubber products, seeds, signs, sporting goods, textiles, tobacco, toys, and wood products (cabinets, desks, other furniture, lumber but excluding burning operations).

"Dispensaries" shall mean any facility, building, structure, delivery service, vehicle or location whether fixed or mobile, where medical marijuana (cannabis), medical marijuana (cannabis) products, or devices for the use of medical marijuana (cannabis) or medical marijuana (cannabis) products are offered, either individually or in any combination, for retail sale, transmittal, or otherwise provided to any of the following: a

primary caregiver, a qualified patient, or a person with an identification card, in accordance with Health & Safety Code Section 11362.5, et seq. "Dispensary" shall also include a cooperative/collective. The terms "primary caregiver" and "qualified patient" shall be as defined in Health & Safety Code Section 11362.7.

A "dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health & Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health & Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health & Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health & Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health & Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health & Safety Code Section 11362.5, et seq.

(Amended by Ord. 3641-C.S., § 2, effective 2-26-16)

A microbrewery produces less than fifteen thousand (15,000) barrels per year that sell directly to the consumer through a tap room, attached restaurant, or attached bar (known as a "brewpub").

An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit includes the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

A residential structure within a residential subdivision (including a condominium project) used for the purposes of display, advertising, promotion, or sales of homes and not used as a dwelling.

A self-propelled motor vehicle which is designed for human habitation and which may contain plumbing, heating or electrical equipment.

A structure or site that was lawfully established and maintained but which, because of the application of the site development standards in this Title, including coverage, setbacks, parking, landscaping, walls, and fences, no longer conforms to the regulations of the zone in which it is located.

A use which was lawfully established and maintained but which, because of the application of this Title, no longer conforms to the use regulations of the zone in which it is located.

Offices occupied by accountants, architects, attorneys, counseling services, government agencies, engineers, insurance agents, public agencies, realtors, stockbrokers, surveyors, travel agents, utility companies, or other similar uses. General offices exclude retail and wholesale sales as a primary use, banks, credit unions and other similar financial institutions.

Offices occupied by acupuncturists, chiropractors, clinics, dentists, laboratory technicians, massage therapists, medical doctors, optometrists, physical therapists, skin care therapists (estheticians) or other similar uses.

A shop for the sale of small animals and other household pets which may include services such as grooming, but excludes exterior runs or other outdoor uses.

Land outside the City with a City zoning classification.

An owner, lessee, or occupant who has legal control or responsibility over the entire premises.

A pigeon trained to return home from a distance and which is identified by a nonremovable seamless leg band issued by a nationally recognized Racing Homer Association.

Active indoor recreation activities that include, but are not limited to, amusement machine centers (arcades), bingo, bowling alleys, gymnasiums, pool halls, shooting ranges, simulated shooting games (laser tag), skating rinks, and slot car racing.

Active outdoor recreation activities that include, but are not limited to, amusement parks, bumper cars, driving ranges, golf courses, miniature golf, paint ball facilities, skateboard parks, sports complex and stadiums, swimming pools, and tennis clubs. Outdoor recreation facilities may include indoor recreation facilities.

A collective term which may refer to any or all of the following: airplane, boat, boat trailer, camper, motor home, motorcycle trailer, travel trailer and similar vehicles.

Recyclable material is reusable 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. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

A collection facility is a recycling facility for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except for equipment in a scale used in reverse vending machines. Such facilities may operate in permanent structures. Collection facilities may include the following:

(a)

Reverse vending machine(s);

(b)

Small collection facilities which occupy an area of not more than five hundred (500) square feet, and may include:

(1)

A mobile recycling unit;

(2)

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

(3)

Kiosk-type units;

(4)

Unattended containers placed for the donation of recyclable materials.

(c)

Large collection facilities which may occupy an area of more than five hundred (500) square feet.

A recycling facility is 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. A recycling facility does not include storage containers or processing activity

located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.

A processing facility is a recycling facility in a building or enclosed space or in a screened outdoor area 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, and remanufacturing. Processing facilities include the following:

(a)

A light processing facility occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

(b)

A heavy processing facility is any processing facility other than a light processing facility.

"Residential care facility" means a single-family dwelling unit which provides 24-hour non-medical care of persons who are in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment, in a facility licensed by the State of California. A residential care facility does not include family day care, foster care or any medical services, including nursing services, beyond that required by the residents of the residential care facility for sustaining the activities of daily living. A residential care facility specifically includes a community care facility, residential care facility, alcoholism or drug abuse recovery facility, or family care home, foster home, or group home for mentally disordered or otherwise handicapped persons or dependent or neglected children, as defined by California Health and Safety Code Section 1502 and licensed by the State of California.

"Residential service facility" means a single-family dwelling unit which provides 24-hour non-medical care of persons who are in need of personal service, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment, in a facility not licensed by the State of California. A residential service facility does not include family day care, foster care or any medical services, including nursing services, beyond that required by the residents of the residential service facility for sustaining the activities of daily living.

Retail sales of a variety of merchandise including that allowed under Neighborhood Retail and larger-scaled stores including, but not limited to, appliance stores, department stores, farm supply stores, floor covering stores, home improvement centers, medical supply stores and supercenters.

Smaller-scale retail sales of a variety of merchandise that are compatible with nearby residential areas. The maximum size of one (1) store is eighty thousand (80,000) square feet in floor area. Examples of these stores and the lines of merchandise include but are not limited to: antiques, appliances (small scale), art supplies, art (art gallery and studio), bakery, bicycles, books, cameras, clothing, computers, drugs (drugstore or pharmacy), electronics, fabric (including upholstery material), flowers (includes florist and nursery), food, furniture, gifts, hardware, housewares, jewelry, liquor, luggage, musical instruments, office supplies, paints, pets, photographic supplies, shoes, sporting goods, tobacco, toys, variety goods, and wallpaper.

A reverse vending machine is an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to metal cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

The Secretary of the Planning Commission and Board of Zoning Adjustment of the City of Modesto. The responsibilities of the Secretary may be carried out by a designee.

Services intended to meet the business needs of individuals and businesses. Examples of these establishments include but are not limited to: banks, credit unions and other similar financial institutions, express mailing, printing and duplicating services.

Services intended to meet personal needs of individuals. Examples of these establishments and personal services include but are not limited to: barber shops, beauty shops, body art studios (tattoos, piercings), dry cleaners (limited equipment), instructional studios (art, dance, drama, gymnastics, martial arts, music), interior decorators, laundromats, lock smiths, pet grooming, photography studios, spas (may include massage, facials, body treatments, indoor baths service and hot tub use), and tailors.

Repair services on a variety of larger products. Examples of the products include, but are not limited to: appliances (large scale), electric motors, furniture, gas motors (lawn mowers), upholstery. Does not include vehicle repair.

Repair services on a variety of smaller products that can be hand carried and do not include gas motors. Examples of the products include, but are not limited to: appliances (small scale), bicycles, cameras, electronics, guns, musical instruments, shoes, and tools.

Services intended to improve or repair buildings and equipment where there may be limited inventory on the site within a building. Examples of trade services include plumbers, electricians, heating and air contractors, and general contractors.

"Setback" is the minimum required distance that buildings, structures, and parking areas must be separated from any lot line.

(a)

"Front setback" is measured from the front lot line.

(b)

"Rear setback" is measured from the rear lot line.

(c)

"Side setback" is measured from the side lot line(s).

(d)

"Street side setback" is measured from the street side lot line.

Structure designed and intended for the movement of materials over long distances, typically constructed of corrugated steel, and commonly associated with ship, train or tractor-trailer shipping. See Figure 2.1-7 below.

Figure 2.1-7

==> picture [216 x 162] intentionally omitted <==

==> picture [216 x 162] intentionally omitted <==

10-2.185 - Sign.

Signs are as defined in Chapter 6 of this Title.

A large scale solar energy system used for the primary purpose of wholesale or retail sales of the generated electrical power.

A solar energy system is a solar collector or other solar energy device along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

A story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused underfloor space is more than six (6) feet above grade as defined herein for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade as defined herein at any point, such basement or unused underfloor space shall be considered as a story.

A right-of-way which has been dedicated to or acquired by the public and which is the principal means of access to abutting property. Easements, walkways and alleys shall not be considered "streets" for the purpose of this Title.

Street bordering a corner lot adjacent to the street side lot line.

That which is built or constructed, or any piece of work artificially built up or composed of parts joined together in some definite manner attached to the ground in a permanent nature. For the purposes of this Title, the term structure includes building, freestanding sign, antenna, a deck 30 inches or higher but does not include walls or fences seven (7) feet or less in height shall not be considered a structure for the purposes of this Title.

(Ord. No. 3704-C.S., effective 11-7-2019)

Housing that does not have a limit on the length of stay, that is occupied by a target population as defined in the Health and Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse and chronic health conditions or persons whose disabilities originated before the person turned eighteen (18)), and that is linked to on-site or off-site services that assist the supportive housing

occupants in retaining permanent housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

A structure designed to contain water in excess of eighteen (18) inches in depth, located above or below grade or ground surface, commonly constructed of concrete, metal, wood, fiberglass, and/or plastic, and designed and used for recreation or therapy.

Housing that provides supportive services for up to two (2) years that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

(Ord. No. 3771-C.S., § 1, effective 12-14-23)

(a)

A motor vehicle, including a commercial vehicle or truck tractor as defined in the Vehicle Code of the State of California, designed or used for the transportation of persons, commodities or materials that operates with a declared gross or combined gross vehicle weight that exceeds ten thousand (10,000) pounds.

(b)

Notwithstanding the provisions of paragraph (a) herein, this definition shall not include any passenger vehicle with a capacity of fewer than ten (10) passengers.

A light truck is a non commercial vehicle with a bed intended to transport materials and supplies with a declared gross or combined gross vehicle weight of less than ten thousand (10,000) pounds.

The purpose for which either land or a structure is or may be occupied or maintained.

These vehicles include buses, farm equipment, trucks, and other similar large vehicles.

These vehicles include automobiles, boats, light trucks, motorcycles, recreational vehicles, vans, and other similar small vehicles.

(a)

Major Vehicle Repair and Service. These establishments provide repair and service to light vehicles that include body work, dismantling, engine rebuilding, radiator rebuilding, painting services, tire recapping, towing, and upholstery repair.

(b)

Minor Vehicle Repair and Service. These are minor facilities providing limited repair and maintenance services to light vehicles. Examples include: detailing services, engine repair, general vehicle repair, radiator and muffler replacement, and tire and battery sales and installation (not including recapping).

A business for the care and treatment of livestock and other commercial animals.

A business for the care and treatment of household pets.

A device designed to convert wind power to another form of energy such as electricity or heat.

An open space on a lot, unoccupied and unobstructed from the ground upward, except (vegetation) as permitted in this Title.

An area extending across the full width of the lot between the front lot line and the front of buildings, structures, and parking area.

An area extending the full width of the lot between a rear lot line and the rear of buildings, structures, and parking area.

An area between an interior-side lot line and the buildings, structures, and parking area extending between the front and rear yards.

An area extending across the full lot depth between the street-side lot line and the buildings, structures, and parking area.

Chapter 3 - LAND USE REGULATIONS

Article 1. - Permitted and Conditional Land Uses

The following Land Use Table identifies those uses that are permitted, conditional, and not permitted for each listed zoning district.

(a)

The land use symbols shown on Table 3.1-1 have the following meaning:

(1)

"P" indicates that the use is permitted

(2)

"C" indicates that the use is conditional (A conditional use permit is required)

(3)

"-" indicates that the use is not permitted

(4)

The zoning district symbols and corresponding zoning district names are as follows:

See Chapter 4, Land Use Regulations, for the definition and purpose and intent of the zoning districts.

(b)

Refer to the Chapter 9, Administration, to determine the required application and process for permitted and conditional uses.

(c)

Refer to the notes column for additional information.

Table 3.1-1 Permitted and Conditional Land Uses

P Permitted Use — Not Permitted C Conditional Use Note: A blank box means the land use is not applicable and/or refer to notes. P[* ] Low Barrier Navigation Centers as a Permitted Use in the Mixed Use and Commercial Zones shall be repealed on January 1, 2027.

(Added by Ord. 3562-C.S., § 1(Exh. A), effective 5-24-12; amended by Ord. 3599-C.S., § 2, effective 2-2814; amended by Ord. 3641-C.S., § 3, effective 2-26-16; Ord. No. 3683-C.S., § 1, effective 1-16-18; Ord. No. 3684-C.S., § 3, effective 2-15-18; Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 1, effective 11-5-20; Ord. No. 3734-C.S., § 1, effective 10-7-21; Ord. No. 3739-C.S., § 1, effective 12-2-21; Ord. No. 3771-C.S., § 3, effective 12-14-23; Ord. No. 3797-C.S, § 3, effective 6-24-25)

Article 2. - Specific Land Use Regulations

(a)

Accessory uses and buildings customarily incidental to permitted and conditional uses are permitted.

(1)

Examples of accessory uses in non-residential uses include: pharmacies, gift shops, and cafes within hospitals and clinics; convenience stores and food service establishments within hotel and office complexes; bank tellers and automated teller machines within grocery stores; a caretaker residence within mini-storage facility; barber and beauty shops within residential care facilities; and, accessory commercial uses for a residential development approved in a commercial zone.

(2)

Examples of accessory uses in residential uses include: accessory dwelling unit, home business and day care within a residence.

(3)

Accessory buildings are detached from the main building. Examples of residential accessory buildings include accessory dwelling units, storage sheds, carports, and garages.

(i)

In the R-1 zone or a residential zone where the lot contains only a single-family dwelling, an accessory dwelling unit is allowed in accordance to Section 10-4.115.

(ii)

In the R-1 zone or a residential zone where the lot contains only a single-family dwelling, an accessory building is allowed in accordance to Section 10-4.114.

(4)

The use of shipping containers as defined is not permitted in the R-1, R-2, and R-3 zones.

(b)

For the C-1, C-2, C-3, and C-M Zones, incidental manufacturing, processing, packaging or storing of materials at wholesale is permitted subject to these conditions:

(1)

Not more than twenty-five (25) percent of the gross building area and twenty-five (25) percent of the remaining lot area may be used for these purposes.

(2)

All manufacturing, processing, packaging or storing of materials shall be in the same line of merchandise as the retail business on the premises and shall only be for the purpose of retail sale on the premises or other commercial premises operated by the same retail business.

(c)

Legal nonconforming uses are allowed permitted accessory uses. For example, a legal nonconforming grocery store in a residential zone may include a bank teller, and a dwelling unit in a commercial zone may operate a home business or day care home.

(Ord. No. 3704-C.S., effective 11-7-2019)

(a)

The keeping of the following animals and fowl is a permitted use in the residential zones:

(1)

A maximum of two (2) dogs, five (5) months or older, per dwelling unit.

(2)

A maximum of three (3) cats, three (3) months or older, per dwelling unit.

(3)

A maximum of twelve (12) domestic fowl (hens only), rabbits, hares, or domestic animals customarily considered to be household pets per dwelling unit.

(4)

A maximum of two (2) pygmy goats or other small domesticated animals that are compatible with residential uses, three (3) months or older, per dwelling unit.

(5)

A maximum of two (2) miniature potbellied pigs, excluding boars, three (3) months or older, per dwelling unit.

(6)

A maximum of thirty (30) racing homer pigeons maintained in pens or lofts on a lot which contains at least one (1) dwelling unit.

(b)

The following animals and fowl are permitted upon securing a conditional use permit from the Board:

(1)

A maximum of two (2) exotic pets.

(2)

Additional numbers of the animals and fowl permitted in (a)(3) above.

(c)

There shall be a minimum of forty (40) feet between the window or door of any building used for human habitation and pens, coops, cages or similar housings where animals and fowl, except household pets, are kept.

(1)

All animals, fowl, and birds, except household pets, that are not kept in habitable buildings shall be contained in pens, coops, or cages.

(d)

There shall be a minimum separation equal to the required side yard between any property line and any pens, coops, cages or similar housings for animals and fowl.

(e)

All animals and fowl shall be kept in conformance with all other laws, ordinances and regulations governing them, including licensing regulations.

(f)

Failure to comply with the provisions of this section shall be unlawful and punishable as an infraction.

A bar, restaurant, and other establishment where alcohol is consumed on the premises with or without a meal in the C-1 Zone, C-2 Zone, C-3 Zone, and industrial zones are subject to a conditional use permit if the following applies:

(a)

The establishment is within one hundred (100) feet of a residential zoned or developed property unless there is a sufficient buffer provided by a building, major street, or other physical separation as determined by the Director, and

(b)

Alcohol is served after 11:00 p.m.

The conditional use permit requirement does not apply to the Downtown Core Zone. If an Entertainment Permit is required pursuant to Article 4 of Chapter 1 of Title 4, a conditional use permit must be approved prior to submittal of an Entertainment Permit application.

(a)

Day care homes are permitted in the residential zones as follows:

(1)

A small family day care home as defined by California Health and Safety Code Section 1596.78(c) and provided by Section 1597.45. Only one (1) day care business is permitted per lot.

(2)

A large family day care home as defined by California Health and Safety Code Section 1596.78(b) and provided by Section 1597.46 subject to development plan review as provided in Chapter 9, Article 10. Review of a large family day care home shall be limited to a determination that required parking has been provided and that the site plan will preclude undue noise impacts on neighboring properties and provide for appropriate pick-up and drop-off not impacting the traffic level of service or safety characteristics of the streets in the vicinity.

(3)

Child day care for fifteen (15) or more children in a home in addition to members of the family. Only one (1) conditional use permit for child day care is permitted per lot.

(b)

A child day care center provides child day care in a commercial building and not in a home is a conditional use in the residential and professional office zone and permitted use in the commercial and industrial zones. Examples of a child day care center include infant centers, preschools, extended day care facilities, and school aged child care centers.

(a)

Emergency and homeless shelters shall be allowed as a permitted use, subject to a ministerial development plan review process, in the C-3 (Highway Commercial) zone subject to the following standards:

(1)

Number of Beds. The maximum number of beds or persons permitted to be served nightly by an emergency or homeless shelter shall be determined and as allowed by Building and Fire Codes.

(2)

Required Parking. An emergency or homeless shelter shall provide off-street parking at a ratio of one (1) space per employee.

(3)

Waiting Area. An emergency or homeless shelter shall provide an on-site, client intake, waiting area to prevent queuing on public sidewalks.

(4)

Onsite Management. An emergency or homeless shelter shall have an manager on-site during operating hours.

(5)

Proximity. Emergency or homeless shelters shall not be less than 300-feet apart from other emergency or homeless shelter, as measured from the nearest property lines.

(6)

Length of Stay. The maximum length of stay at an emergency or homeless shelter shall be 180-days in a consecutive 365-day period, or not longer than the time frame established by the California Health and Safety Code for Emergency Shelters, whichever is greater.

(7)

Lighting. Sites with an emergency or homeless shelter shall provide lighting in all parking, pedestrian, and entry areas. Lighting shall be in compliance with Title 24, California Code of Regulations.

(8)

Security. Emergency or homeless shelters shall provide on-site security during hours that the emergency shelter is in operation.

No other development standards than the above standards shall be applied to emergency or homeless shelters.

(Ord. No. 3771-C.S., § 4, effective 12-14-23)

Garage sales are permitted uses in the residential zones subject to these conditions:

(a)

No garage sale shall be conducted on the same premises for more than three (3) consecutive days.

(b)

Not more than two (2) garage sales may be conducted on the same premises in any calendar year.

(c)

Notwithstanding Section 1-2.01 of the Modesto Municipal Code or any other provisions of this Code a failure to comply with the provisions of this section shall be punishable as an infraction.

(a)

Conducting a business in or from a dwelling is a permitted use of an accessory nature which is subject to the following conditions:

(1)

The person conducting the business shall reside on the premises on a regular full-time basis and the business shall be clearly incidental and secondary to the residential use.

(2)

The residential appearance of the premises shall not be altered through remodeling or new construction so as to give the appearance of other than normal residential premises or to call attention to the premises.

(3)

The business shall be conducted entirely within buildings designed and built for normal residential use and there shall be no outside activity, storage or display.

(4)

No parking or traffic shall be generated by the business in greater volumes than would normally be expected for a residence. No required parking shall be displaced by business activities.

(5)

No trucks or construction equipment shall be parked or stored on or near the premises.

(6)

No more than one (1) business vehicle shall be parked or used in connection with the business on or near the premises. All business pickups and deliveries to and from the premises shall be only by the one (1)

allowed business vehicle. "Business vehicle" means a car, pickup or small van used for home business purposes and driven by a person living on the premises.

(7)

Employees shall not work at or be dispatched from the premises nor otherwise be on or about the premises for business purposes.

(8)

There shall be no delivery of merchandise to customers at the premises other than that incidental to a service conducted on the premises.

(9)

Ancillary sales may occur on the premises.

(10)

Sales or services conducted away from the premises may be advertised in any commercial telephone directory (yellow pages), newspaper, circular or other commercial media, including radio and television.

(11)

Sales or services conducted on the premises shall not be advertised in any commercial telephone directory (yellow pages) nor be advertised in any newspaper, circular or other commercial media, including radio and television.

(12)

Signs shall not be used to identify the business, its products or services.

(13)

The business shall not create a disturbance or nuisance by reason of noise, odor, fumes, dust, vibration, smoke, electrical interference or other causes.

(14)

Notwithstanding the above limitations, any person who is severely impaired or handicapped as defined by State law may employ a maximum of two (2) people on the premises who do not reside there and may advertise in any commercial telephone directory (yellow pages), newspaper, circular or other commercial media, including radio and television.

(b)

The following are not permitted as home occupations:

(1)

On site vehicle repair.

(2)

On site massage therapy pursuant to Section 5-2.204 of the Modesto Municipal Code.

(c)

All businesses conducted in and from a dwelling shall comply with the licensing requirements for businesses in the City.

(d)

Prior to receipt of a license to conduct a business in or from a dwelling, a permit shall be obtained from the Director.

(e)

Notwithstanding Section 1-2.01 of the Modesto Municipal Code or any other provisions of this Code a failure to comply with the provisions of this section shall be punishable as an infraction.

(a)

The following lodging and boarding uses are permitted in the residential zones unless otherwise specified:

(1)

The provision of lodging and/or boarding to a maximum of three (3) persons by a proprietor who lives on the premises. Lodgers and boarders may use the proprietor's kitchen, but shall not be permitted separate eating, cooking or food storage facilities. Lodging or boarding is not permitted where there are two (2) dwellings on a lot in the R-1 Zone.

(2)

The provision of lodging and/or boarding to four (4) or more persons by a proprietor who lives on the premises. Lodgers and boarders may use the proprietor's kitchen, but shall not be permitted separate eating, cooking or food storage facilities. A conditional use permit approval is required in the R-1 and R-2 zones. Lodging or boarding shall not be permitted where there are two (2) dwellings on a lot in the R-1 Zone.

(a)

The provisions in this section, related to low barrier navigation centers are repealed as of January 1, 2027, unless the provisions of Article 12 of Chapter 3 of Division 1 of Title 7 of the Government Code are extended by the State beyond that date. Subsequent to that day, unless the provisions are extended by the State, low barrier navigation centers shall be permitted with the approval of a conditional use permit in the commercial and industrial zones.

(b)

A low barrier navigation center shall be subject to the following requirements:

(1)

It offers services to connect people to permanent housing through a services plan that identifies services staffing; and,

(2)

It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing; and,

i.

"Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(3)

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code; and,

(4)

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(c)

The City shall notify an applicant for a low barrier navigation center within thirty (30) days of receipt of an application whether the application is complete. The City shall act on an application for a low barrier navigation center within sixty (60) days of the receipt of a complete application.

(Ord. No. 3771-C.S., § 5, effective 12-14-23)

(a)

Purpose and Intent. Manufactured homes are meant to:

(1)

Provide an alternative type of housing for persons desiring an alternative to conventional housing types;

(2)

Assist in providing a diversity of housing in the community, regarding housing choices, types and prices;

(3)

Ensure the compatibility of such dwellings with surrounding uses and properties and to avoid any impacts associated with such dwellings.

(b)

Definitions.

(1)

"Manufactured home" shall mean a house constructed in a factory according to the National Manufactured Housing Construction and Safety Standards of June 15, 1976. It is transportable in one (1) or more sections, built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and the plumbing, heating, air conditioning, and electrical systems are contained within the structure.

(2)

"Permanent foundation" shall mean assembly of materials constructed below, or partially below grade, not intended to be removed from its installation site, which is designed to support a manufactured home structure and engineered to resist the imposition of external natural forces, as defined by the California Health and Safety Code or the California Building Code, whichever is more restrictive.

(c)

Development Standards.

(1)

Eligibility. A manufactured home is eligible for installation in the residential zones if:

(i)

It was constructed after June 15, 1976, and was issued a label of approval by the United States Department of Housing and Urban Development; and

(ii)

It has not been altered in violation of applicable federal and state codes.

(iii)

All other mobile and manufactured homes shall be prohibited, unless the person proposing to install a mobile or manufactured home can demonstrate the unit is able to meet the requirements of the California Health and Safety Code and California Building Code, to the satisfaction of the Chief Building Official.

(2)

Use. Manufactured homes may only be occupied only as a residential use type.

(3)

Foundation. Manufactured homes shall be attached to a permanent foundation in compliance with all applicable regulations in the California Building Code, and of the Health and Safety Code.

(4)

Siding material. Manufactures homes shall include siding materials that are in keeping with the character of the neighborhood, permitted by the California Building Code and customarily used on conventional residential dwellings, such as wood, vinyl, masonry or similar materials. The siding materials shall extend to finished grade. Shiny, metallic surfaces are prohibited.

(5)

Roof pitch and material. Manufactured Homes shall maintain a roof pitch of not less than two (2) inch vertical rise for each twelve (12) inch of horizontal run and include roof materials that are in keeping with the character of the neighborhood, permitted by the California Building Code and customarily used on conventional residential dwellings such as asphalt shingles, concrete or clay tiles or equivalent material.

(6)

Roof overhang. A minimum roof overhang of at least one (1) foot shall be provided for each manufactured home.

(7)

Utility connections. All manufactures homes shall have standard utility connections. The housing unit electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shutoff valves, meters and regulators shall not be located beneath the manufactured home.

(8)

Municipal Code. Manufacture homes shall be subject to all provisions of the Municipal Code applicable to conventional residential structures and meet all development and design standards for the zone in which they are to be installed.

(d)

Building Permit.

(1)

Prior to installation of a manufactured home on a permanent foundation, the owner or a licensed contractor shall obtain a building permit from the City.

(a)

Purpose. The general purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity and general welfare by requiring that new and existing mobile food facilities operate on private property(ies) zoned for commercial or industrial uses and provide the community and customers with a minimum level of cleanliness, quality, safety and security.

(b)

Definitions.

(1)

"Commissary" means a food facility that services mobile food facilities, mobile support units, or vending machines where any of the following occur:

(i)

Food, containers or supplies are stored.

(ii)

Food is prepared or prepackaged for sale or service at other locations.

(iii)

Utensils are cleaned.

(iv)

Liquid and solid wastes are disposed, or potable water is obtained.

(2)

"Mobile Food Facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. Mobile food facilities include the vending and sales of any food product(s) from a vehicle, trailer, or structure that is not affixed to a permanent foundation and any person(s) conducting mobile food vending business activities.

(3)

"Persons" means any person, firm, partnership, association or corporation, and includes but is not limited to owners, operators, drivers, workers, employees, lessors and lessees of mobile food facilities.

(4)

"Vend" or "vending" means the sale of prepared, prepackaged, unprepared and/or unpackaged food or foodstuffs in the context of mobile food facility as defined herein. Vending generally has the following characteristics:

(i)

Food is ordered and served from a take-out counter that is integral to the mobile food facility, as applicable;

(ii)

Food is paid for prior to consumption; and,

(iii)

Food and beverages are served in disposable wrappers, plates or containers for off-site consumption.

(5)

"Vendor" or "operator" means any person who drives, operates, vends, and/or otherwise participates in mobile food vending as described herein.

(c)

Permit. A person desiring to engage in mobile food facility operations, as defined by this section, shall submit a written application on a form(s) acceptable to and provided by the City. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. Vendors must have a valid permit in their possession when vending. There must be at least one (1) vendor with a valid permit where vending operations occur. Documentation of property owner consent shall be required prior to permit issuance. A City business license shall also be required, subsequent to mobile food facility permit issuance. The application for a mobile food facility permit shall include, but not be limited to:

(1)

The name, address and telephone number of the applicant.

(2)

Copy of a government issued photo identification.

(3)

Copy of the State of California seller's permit number issued by the California Department of Tax and Fee Administration.

(4)

A description of the type of food to be sold, including whether such foods are prepared on site, whether such foods will require a heating element inside the mobile food facility for food preparation, and the type of heating element, if any.

(5)

The location at which the mobile food facility is to operate and the proposed dates and times of operation, the physical dimensions of the intended equipment displays, shade covers, tables and chairs, carts, kiosk or other items.

(6)

A photo of the proposed mobile food facility location, and a legible site plan sketch of the intended setup.

(7)

The name and location of the commissary or permanent food facility used by the mobile food facility.

(8)

Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant, or by hazardous or negligent conditions maintained at the applicant's sales or vending location.

(9)

Any such further information that the City deems reasonably necessary.

(d)

Review Procedure.

(1)

Upon filing of any mobile food facility application subject to review under this article, planning staff within the Community and Economic Development Department shall make a determination as to completeness of the application and associated information. Planning staff may refer the application and all accompanying maps, drawings, plans, elevations, tabulations and other information to various City departments for review and comment.

(2)

Following a determination that the application is complete, the Director shall review the application for compliance relative to the Modesto Municipal Code and shall, following completion of such review, provide written notice of the decision to the applicant, which may include conditions and corrections required to establish conformance with applicable rules and regulations. A copy of this decision shall be mailed to the owner, if different than the applicant.

(3)

The administrative decision shall be final and effective fifteen (15) days following the date of approval or denial, unless the decision is appealed in writing to the Planning Commission within the fifteen (15) day period pursuant to Section 10-9.301.

(e)

Requirements. In approving a mobile food facility application, the following requirements apply.

(1)

The use shall be conducted entirely upon private property, on a paved or all-weather surface, and not within any public right-of-way.

(2)

The use shall not create any demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

(3)

The use shall not interfere with pedestrian and vehicular traffic and circulation on the site and public sidewalk.

(4)

The use shall maintain site circulation for pedestrians and access consistent with the Americans for Disabilities Act.

(5)

The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, and water quality requirements.

(6)

No permanent structure(s) may be constructed.

(7)

No signs, balloons, banners, or flags may be displayed to promote the mobile food facility except those affixed to the mobile food facility vehicle/trailer/cart.

(8)

No outdoor music, amplified sound, horns, nor any other excessive noise is permitted.

(9)

Temporary canopies smaller than one hundred (120) square feet may be used, to protect customers from sun or rain, and must be removed at the end of each business day.

(10)

No more than two (2) small tables and ten (10) chairs may be available for dining and must be removed at the end of each business day.

(11)

The site shall be continuously maintained to be free of weeds, litter, trash and/or debris.

(12)

The mobile food facility business operator shall maintain a valid City of Modesto business license, and a formal agreement for use of properly operating restrooms within two hundred (200) feet of the mobile food

facility business operation.

(13)

A health permit issued by the Stanislaus County Department of Environmental Resources is required prior to any mobile food facility business operations.

(14)

The use shall not adversely affect any adjacent property, its owners or occupants, nor the surrounding neighborhood.

(15)

Any additional limitations, restrictions, or conditions as required by the Director.

(f)

Suspension, Revocation. Any approved mobile food facility permit may be suspended or revoked at the Director's discretion based on lack of compliance with conditions of approval or other applicable regulations or requirements. The permit shall be automatically suspended and may be revoked when the operator's health permit issued by the Stanislaus County Department of Environmental Resources is suspended or revoked for any reason.

(Ord. No. 3740-C.S., § 2, effective 12-23-21)

Editor's note— Ord. No. 3684 C.S., § 2, effective February 15, 2018, repealed § 10-3.210, which pertained to medical marijuana uses and derived from Ord. No. 3641-C.S., § 4, effective 2-26-16; Ord. No. 3683-C.S., § 2, effective January 16, 2018.

(a)

The following are definitions for the purpose of this section:

(1)

The term "mobile living quarters" shall mean any motor vehicle, whether operable or not, and any transportable structure including, but not limited to, a camper shell, mobile home, travel trailer, tent, camp car, camp trailer, recreational vehicle, bus, boat or aircraft that has been designed or equipped to permit human habitation or shelter.

(2)

The term "occupy" shall mean to exhibit the intent to live in mobile living quarters for more than seventytwo (72) hours whether or not their actual occupancy is continuous, as evidenced by such example indices as: sleeping, eating, cleaning, utilizing public utilities, keeping personal goods, or other domestic activities undertaken within and about the mobile living quarters.

(b)

It shall be unlawful for any person to occupy or permit the occupancy of any mobile living quarters on property subject to their control, within the City of Modesto, for more than seventy-two (72) consecutive hours, except as provided below:

(1)

Except as specifically permitted by a provision of this Code.

(2)

Except where fire or natural disaster causes a property owner's permanent home to be uninhabitable, that individual may take up temporary residence in "mobile living quarters" on that individual's property, if they have obtained a building permit to repair or rebuild their home, and the mobile living quarters have been approved for such habitation by the Director. All such approvals shall be in writing. No such approval shall permit any emergency occupancy for more than one hundred twenty (120) consecutive days.

All uses in the commercial zones shall be conducted wholly within a building except such uses as are permitted outdoors as listed in this section. A use shall be deemed within a building if, at a minimum, it is under a permanent roof that in nonoperating hours is fully secured on all sides at the wall line of the building from ceiling to floor.

Purpose. Visual community character is directly influenced by the built-environment and will be impacted by the degree of permissiveness of outdoor sales, and permitted activities. Outdoor activities include displays and promotions. The regulations that follow are based on the premise that the visual clutter of outdoor sales and activities on an ongoing basis is not the desired visual community character of the City of Modesto. Consequently, commercial outdoor sales, and activities on properties are limited to:

(a)

Certified Farmers' Market. A Certified Farmers' Market is permitted in an existing parking lot in the commercial or industrial zone subject to administrative decision by the Director and the following conditions:

(1)

A detailed plan with dimensions showing the Certified Farmers' Market must be provided.

(2)

The Certified Farmers' Market will not adversely effect parking, vehicular and pedestrian circulation on the site.

(3)

The Certified Farmers' Market operation shall comply with minimum setback requirements.

(4)

A certificate shall be provided to verify it is a Certified Farmers' Market.

(b)

Food and Drink Vendors (Stands). Food and drink vendors incidental to a retail or industrial establishment are permitted subject to the following conditions:

(1)

A site plan showing the location of the equipment must be provided with the business license.

(2)

The equipment does not encroach into required vehicular and pedestrian circulation routes.

(3)

The equipment does not displace required parking spaces.

(c)

Fund Raisers. Outdoor fund-raising sales by schools, charitable or not-for-profit organizations are permitted if the sale is carried on wholly by the organization and it will derive, both directly and indirectly, any and all profits to be derived from the sale. Such sales are not permitted solely by reason of sponsorship by a school, charitable or not-for-profit organization. Outdoor fund-raising sales are limited to twelve (12) times per calendar year for a maximum duration of ten (10) days each for each such organization.

(d)

Outdoor Dining. Outdoor dining on private property incidental to a public eating establishment or a retail establishment is permitted subject to administrative decision by the Director and the following conditions below. Outdoor dining in the public right-of-way requires an encroachment permit. See the Downtown Core Zone Section 10-7.509(b)(1) for outdoor dining requirements in the downtown core area.

(1)

A detailed plan with dimensions showing the outdoor dining area must be provided.

(2)

The outdoor dining area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of fifty (50) feet inclusive of a public street unless determined by the Director to be infeasible.

(3)

The outdoor dining area does not encroach into required vehicular and pedestrian circulation routes.

(4)

The outdoor dining area does not displace required parking spaces.

(5)

The outdoor dining area shall comply with minimum setback requirements.

(e)

Outdoor Display. There are two (2) levels of outdoor display.

(1)

Minor outdoor display are products customarily and continually displayed outdoors on a 24-hour basis such as vending machines, plants and nursery stock, including bag goods and garden equipment, service stations, inventories, unattended containers/reverse vending machines are permitted in limited scale.

(2)

Major outdoor display includes building materials and farm supplies that are screened so as not to be visible from a public street or parking lot, or in the case of vehicle display for sales and small recycling collection facilities that are not required to be screened.

(f)

Outdoor Sales. The display or sale of goods, merchandise or services which are customary indoor uses is allowed outdoors, limited to twelve (12) times in number during any calendar year for each business, subject to the following conditions:

(1)

All sales are conducted by a business located on the property.

(2)

All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the business conducting the sale.

(3)

Each display or sale shall be limited to a maximum of ten (10) consecutive days. Sales may be run consecutively.

(4)

No display shall encroach on a public right-of-way.

(5)

Each display or sale shall be subject to the sign regulations of this Title.

(6)

Prior to any display or sale, a permit for such shall be obtained from the Director.

(g)

Promotions. Outdoor promotions or events are permitted by a licensed business, merchant association, school, charitable or not-for-profit organization. Promotions or events shall not promote or display the goods or services of any business on the premises and shall be subject to all other limitations in the Modesto Municipal Code, including those governing carnivals, circuses, dances and outdoor sound equipment and noise. Examples of such promotions or events are carnivals, circuses, animal rides, car shows, sporting events, and other exhibitions.

(h)

Seasonal Sales. Sales of seasonal products such as fireworks, pumpkins, and Christmas trees are permitted on a temporary basis on an existing parking lot in any commercial zone or on any lot fronting on an Arterial Street as shown on the General Plan subject to the following conditions:

(1)

All sales items, sales equipment, and temporary structures shall comply with minimum building setback requirements.

(2)

The proposed seasonal sales conform with all provisions of this Title and can be conducted in a manner which would be compatible with surrounding land uses and traffic patterns.

(3)

Animals provided for rides and petting shall have a 40-foot setback from adjacent residential uses.

(4)

Seasonal sales, except for fireworks stands, on a vacant lot are permitted subject to administrative decision by the Director subject to the following conditions below.

(i)

A site plan showing the proposed vehicular circulation pattern, parking layout, and location of structures must be provided with the business license.

(ii)

The proposed operation shall provide adequate and safe access and circulation.

(iii)

The three (3) conditions listed above for seasonal sales on a exiting parking lot.

(i)

Mobile Food Facility. Food vendors from a truck, vehicle or trailer are permitted, with an approved mobile food facility permit (see Section 10-3.210, above), in the C-1, C-2, C-3, C-M, M-1 and M-2 zones. Ordinance No. 3724-C.S., which is related to sidewalk vendors, does not apply to mobile food facilities.

(j)

General provisions for Outdoor Sales and Activities.

(1)

Outdoor display or sale of goods or services by itinerant vendors as defined by the Modesto Municipal Code is prohibited except for itinerant vendors expressly permitted in this article.

(2)

Outdoor display or sale of any items on vacant or unimproved land is prohibited. This prohibition shall not apply to sales of fireworks, Christmas trees, pumpkins, or other seasonal items as permitted under this article.

(3)

Notwithstanding Section 1-2.01 of the Modesto Municipal Code or any other provisions of this Code failure to comply with the provisions of this section shall be punishable as an infraction.

(Ord. No. 3740-C.S., § 3, effective 12-23-21)

(a)

C-M Zone. Any indoor sales and activities are also permitted outdoors provided they are screened so as not to be visible from a street or parking lot.

(b)

M-1 and M-2 Zones. Outdoor storage and display or sale of goods or services are permitted. Outdoor display or sale of goods or services by itinerant vendors as defined by the Modesto Municipal Code is prohibited.

(c)

Failure to comply. Notwithstanding Section 1-2.01 of the Modesto Municipal Code or any other provisions of this Code failure to comply with the provisions of this section shall be punishable as an infraction.

It shall be unlawful and punishable as an infraction for any person to place, keep or maintain or permit to be placed, kept or maintained any recreational vehicle upon any lot, except as follows:

(a)

Within a residential zone:

(1)

Any number wholly within a structure lawfully existing on the premises.

(2)

A maximum of two (2) recreational vehicles in addition to those kept pursuant to subsection (a)(1) hereof upon any lot, provided all of the following:

(i)

No portion of the recreational vehicle overhangs any portion of the public sidewalk or lacking a public sidewalk, no portion of the recreational vehicle is within five (5) feet of the curbline.

(ii)

No portion of the recreational vehicle is closer than three (3) feet to any building used for human habitation.

(iii)

No portion of the recreational vehicle is within a clear vision zone of a corner lot as defined in Section 104.404.

(3)

Any number within a mobile home park or a trailer park.

(b)

Within a nonresidential zone:

(1)

Any number within a mobile home park or a trailer park;

(2)

Any number for storage, sale or business use as permitted in such zone.

(c)

A motor home or mounted camper which is not more than seventy-eight (78) inches in height and seventytwo (72) inches in width shall be exempt from the provisions of this section.

(a)

Residential Zones. Unattended containers placed for the donation of recyclable paper or beverage containers, not exceeding fifty (50) square feet per installation, in conjunction with and on the same site as

a church, school, or governmental use shall be subject to development plan review as provided in Chapter 9, Article 10.

(b)

Commercial Zones. A small recycling collection facility not exceeding five hundred (500) square feet in area shall be subject to development plan review as provided in Chapter 9, Article 10. In conducting the plan review, the Director shall consider the following:

(1)

The recycling collection facility may not reduce parking below that required by this Code for the site.

(2)

The recycling facility shall maintain compatibility with any residential use adjacent to the site through means such as screening.

(3)

The recycling facility shall be designed to ensure that all recyclable materials will be kept inside covered containers or structures.

(4)

The recycling facility may not impair any landscaping otherwise required for the site.

Two (2) or more residential care facilities occupying a property in one (1) ownership, or any combination of twenty-four (24) hour care and day care is a conditional use in the residential zones.

(a)

A duplex is allowed on any lot in the R-1 Zone subject to all other standards of the R-1 zone including but not limited to lot coverage, setbacks, height, parking, and fencing but not including density. If the lot has access to an alley, one (1) or both driveways may access the alley.

(b)

A lot in the R-1 zone that has an existing or proposed duplex is eligible for Accessory Dwelling Units as per Section 10-4.505(a), Lots with a Single-family Dwelling.

(Ord. No. 3797-C.S, § 4, effective 6-24-25)

Editor's note— Ord. No. 3797-C.S, § 4, effective June 24, 2025, amended § 10-3.217 and enacted a new § 10-3.217, as herein set out. The former § 10-3.217 pertained to Corner Lots in the R-1 Zone and derived from Ord. No. 3704-C.S., effective 11-7-19; Ord. No. 3722-C.S., § 1, effective 11-5-20.

Temporary construction buildings at a building site are permitted. The buildings shall be removed at the end of construction or once all lots or houses in a subdivision are sold.

One (1) temporary sales office may be located in any new subdivision, multi-family project or nonresidential project provided that such office shall be used only for the sale of property, service or merchandise in which such office is located and shall be removed at the end of two (2) years from the date of the recording of the map of the subdivision or at the end of construction for multi-family or nonresidential project upon which said office is located, except that where fewer than half of the lots in such subdivision or have been sold at the end of such two (2) year period or fewer than half of the units in a multi-family project have been sold at the end of construction, a conditional use permit may be granted by the Board for the extension of the time of establishment and removal of such office. Model homes may be utilized as temporary real estate offices as above and may also serve adjacent subdivisions by the same developer and marketed under the same name. The number of model homes on an undivided parcel shall be limited to the lesser of twenty (20) percent of the total dwelling units identified on the Tentative Subdivision Map or seven (7) units per subdivision.

It shall be unlawful for any persons to place, keep or maintain, or permit to be placed, kept or maintained, any truck or trailer in any residential zone, except for pickup or delivery service, public agency or utility company vehicle while used on official business, or as part of the operation of a legally existing nonconforming use. In no case shall such truck or trailer be parked at any location in the residential zone longer than required for pickup of delivery service or official business, other than within the grounds of a legally existing nonconforming use located within the residential zone and of which operation the truck or trailer is a part.

The provisions of this Title shall not apply to:

(a)

The poles, lines or similar facilities, whether above ground or underground, whose sole purpose is nonwireless transmission of electricity or communications. This exclusion does not apply to the antennas, unipoles, monopoles, towers, or any similar or related facilities of wireless communication services.

(b)

Railroad rights-of-way used solely for the purpose of accommodating the tracks, signals and other operating devices for controlling the movement of rolling stock, and the poles, wires, pipelines, communication circuits and similar facilities of other utilities, including only those wireless communication facilities associated with and required for the operation of the railroad.

An establishment that provides vehicle related services including a car wash, minor and major repair and service, minor maintenance, and installation of stereo systems or components, is subject to a conditional use permit if the establishment is within one hundred (100) feet of a residential zoned or developed property unless there is a sufficient buffer provided by a building, major street, or other physical separation as determined by the Director. The vehicle related service use shall be designed to minimize impacts to adjacent residential uses through means such as orienting vehicle bays away from adjacent residential properties.