§ 10-3

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 P[* ] Low Barrier Navigation Centers as a Permitted Use in the Mixed Use and Commercial Zones shall be repealed on January 1, 2027.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.