Modesto Municipal Code Art. 4 Specific Plan-Holding Zone (SP-H)

The purposes of the SP-H zone are to:

(a) Assist in the orderly transition of property from long-term agricultural use to urban development in areas to be developed as a part of the City's Specific Plan process;

(b) Provide reasonable opportunities to use property that has been annexed to the City of Modesto prior to full implementation of an adopted Specific Plan.

The following are permitted uses:

(a) The growing of fruit and nut trees, vines, row crops and horticultural stock, and the maintenance of livestock and other farm animals excluding pig farming, dairies, and feed lots.

(b) One (1) single-family dwelling per lot.

(c) 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.

(d) The operation of a bed and breakfast home, provided that not more than two (2) bedrooms may be used for the lodging of guests and that the property owner shall reside on the premises.

(e) Adult day care for three (3) or fewer persons in addition to members of the family.

(f) Twenty-four (24) hour care for six (6) or fewer persons in addition to members of the family. Twenty-four (24) hour care is not permitted where there are two (2) dwellings on a lot except as allowed by a conditional use permit.

(g) Child day care for twelve (12) or fewer children in addition to members of the family. Only one (1) day care business is permitted per lot.

(h) Parks owned and operated by a governmental agency.

(i) Signs subject to the provisions of the R-1 zone specified in Chapter 6.

(j) Accessory uses and structures customarily incidental to the above permitted uses. Use of shipping containers as defined is not permitted.

The following uses are permitted upon securing a conditional use permit from the Board:

(a) Church.

(b) Public buildings or grounds operated by any governmental agency which are not a permitted use.

(c) Buildings, facilities or grounds operated by a utility company.

(d) Private recreational grounds and facilities not open to the general public and to which no admission charge is made.

(e) Storm drainage basins and related facilities.

(f) Adult day care for four (4) or more persons in addition to members of the family.

(g) Twenty-four (24) hour care for seven (7) or more persons in addition to members of the family.

(h) Child day care for thirteen (13) or more children in addition to members of the family.

(i) The provision of lodging and/or board 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.

In approving a conditional use permit, subdivision map, or parcel map, the Board, Planning Commission, or City Council shall make the following findings:

(a) The conditional use permit, subdivision map, or parcel map is consistent with the Modesto General Plan; and

(b) The conditional use permit, subdivision map, or parcel map would not inhibit the full implementation of the adopted Specific Plan which covers this development approval.

(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.

(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) 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.

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

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

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

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

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

(d) It shall be unlawful and punishable as an infraction for any person to conduct a home business not in compliance with the provisions of this section.

Garage sales are permitted uses 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) Failure to comply with the provisions of this section shall be unlawful and punishable as an infraction.

(a) 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.

(b) 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.

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

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

(a) No structure shall exceed two (2) stories or thirty (30) feet whichever is the lesser height, and no wall or fence shall exceed eight (8) feet except when permitted by a conditional use permit.

(b) Any second-story portion of any dwelling or accessory building, including additions or alterations to the exterior portions of an existing dwelling or accessory building, shall be subject to development plan review by the Director or designee in accordance with Chapter 9, Article 10, except as hereinafter specifically excepted. In conducting the plan review, the Director shall consider:

(1) The relationship of second-story windows, doors, exterior stairways, exterior balconies, sundecks, etc. with the privacy of the neighbors.

(2) The relationship of building mass with the neighbors' views and use and enjoyment of their yards.

(3) The relationship of building mass with the neighbors' accessories such as solar collectors and satellite antennas.

(c) A second-story development is not subject to second-story plan review if at least one (1) of the following two (2) conditions is met:

(1) A building permit is issued on the subject lot within ten (10) years of the recordation of the final subdivision map creating the subject lot, and providing that each adjacent residential lot meets at least one (1) of the following criteria:

(a) The adjacent residential lot was created by a final subdivision map recorded within the past ten (10) years.

(b) The adjacent residential lot is greater than one (1) acre in size and contains no dwelling units within forty (40) feet of any lot line abutting the subject lot.

(2) All second-story portions of any dwelling unit on the subject lot meet the following setback provisions in relation to any adjacent residential lot:

(a) Twelve (12) feet where no glazing other than fixed, translucent type is proposed.

(b) Forty (40) feet where any clear glazing or decks/balconies are proposed. This 40-foot setback shall be measured from the outside edge of the deck or balcony to the respective property line.

(3) The term "adjacent residential lot" as used in this subsection (c) means each lot zoned or used residentially, even if separated by an alley, that abuts the side or rear lot line of the subject lot, including those which touch only at a corner.

(a) Every building shall have a minimum front setback of fifteen (15) feet except for garages, carports and required parking spaces opening onto the front street, which shall have a minimum setback of twenty (20) feet.

(b) On through lots every building shall have a front setback as required above on both frontages. If vehicular access is denied and a minimum six-foot wall is maintained across one (1) frontage, necessary structures no higher than the wall are permitted in the setback area adjacent to that frontage.

(c) Front setback areas shall be unobstructed unless otherwise provided, except that walls and fences outside the clear vision triangle are permitted a maximum of forty-two (42) inches in height.

(d) A trash enclosure up to fifty-two (52) inches in height serving individual cans may be permitted in the front setback where there is no practical alternative, subject to the approval of the Director. Such enclosures shall be located as far from the front property line as feasible and shall fully screen the trash cans.

(a) The minimum side setback for a garage, carport, required parking space or accessory structure shall be five (5) feet except when located to the rear and at least five (5) feet from the dwelling(s), in which case no side setback is required. This minimum five-foot area between a dwelling and accessory building or use shall be unobstructed from the ground upward. In no case shall any portion of a building overhang a property line.

(b) Street side setbacks shall be unobstructed except that walls and fences outside the clear vision triangle are permitted a maximum of forty-two (42) inches in height.

(c) On corner lots, the street side setback shall be a minimum of fifteen (15) feet for a dwelling or accessory building except for lots legally existing or on an approved tentative subdivision map prior to July 7, 1955, which shall have a minimum street side setback of seven and one-half (7.5) feet. Garages, carports and required parking spaces opening onto a street shall have a minimum 20-foot setback.

(d) If a legally existing lot has less than the required lot width, the side setback shall be a minimum of ten (10) percent of the lot width; but in no case shall an interior side setback be less than three (3) feet and a street side setback be less than seven and one-half (7.5) feet.

Rear setbacks are not required except as follows:

(a) A reversed corner lot shall have a minimum rear setback of five (5) feet.

(b) Any building used for human habitation shall have a minimum rear setback equal to the required side setback for a dwelling.

Every lot shall have frontage on a street.

Every lot shall have a minimum area of ten (10) acres except that those lots existing as of date of annexation shall not be deemed nonconforming by virtue of lot size alone

(a) Every interior lot shall have a minimum width of fifty (50) feet at the front setback line and forty (40) feet at the front lot line.

(b) Every corner lot shall have a minimum width of sixty (60) feet at the front setback line and fifty (50) feet at the front lot line.

All buildings and required parking spaces shall not cover more than fifty (50) percent of the area of an interior lot and fifty-five (55) percent of a corner lot.