Modesto Municipal Code Art. 7 Mixed Use Highway Oriented

10-7.701 - Purpose and intent.¶

(a) This Article establishes the following Mixed Use Zone:

(1) Mixed Use Highway Oriented (MU-H) zone. The MU-H zone is intended to promote and guide the development of multi-family residential infill on lots (or portions of lots) in areas that are currently developed with General Commercial or Highway Commercial uses. The Mixed Use Highway Oriented (MU-H) zone is intended for areas located adjacent to streets that are more than two (2) travel lanes in each direction.

(Ord. No. 3773-C.S., § 1, effective 12-14-23)

Exceptions & meaning →

10-7.702 - Applicability.¶

The provisions of this article shall supersede any standards, provisions, or regulations of all other articles of Title 10 that are in conflict with its provisions. All other standards, provisions, or regulations of Title 10 not in conflict with this article shall remain in effect.

When applying other provisions of Title 10 to the Mixed Use Highway Oriented (MU-H) zone, the MU-H zone shall be considered as the equivalent to the C-3 (Highway Commercial) for commercial uses; and as the equivalent to the R-3 (Medium-High Density Residential) for high density residential uses, as modified herein.

(Ord. No. 3773-C.S., § 1, effective 12-14-23)

Exceptions & meaning →

10-7.703 - Permitted and Conditional Land Uses.¶

Table 7.7-1

Land Use	Zoning District	Notes
Land Use	MU - H	Notes
AGRICULTURAL
Community Gardens	P	See Section 10-2.114
Fruit and nut trees, vines, row crops, horticulture stock	P
RESIDENTIAL
Accessory Uses
Animals and Fowl	-
Garage Sales	-
Home Business	-
Personal Cannabis Cultivation	P	See Section 10-3.601 et seq.
Dwellings
Accessory Buildings	P	See Section 10-4.114
Accessory Dwelling Unit, Junior Accessory Dwelling Unit	P	See Chapter 4, Article 5
Single Family Dwelling	-
Manufactured Homes	-
Multiple Family	P
Mobile Home Parks	-	10-7.103 (b)(2)
Other Residential Uses within Dwellings
Lodging and Boarding (3 or fewer persons, 1 dwelling)	-	See Section 10-3.208
Lodging and Boarding (4 or more persons, 1 dwelling)	-	See Section 10-3.208
Lodging and Boarding (3 or fewer persons, 2 dwellings on a lot)	C	See Section 10-3.208
Lodging and Boarding (4 or more persons, 2 dwellings on a lot)	C	See Section 10-3.208
CIVIC/INSTITUTIONAL
Educational Facilities
School - Private (including charter schools	P
School - Public (including charter schools	P
School - Vocational	P
Healthcare Facilities
Hospital	P
Substance Abuse Clinic/Facility	P
Veterinary Hospital (large animals)	-	See Section 10-2.1100
Veterinary Hospital (small animals)	P	See Section 10-2.1101
Non-Profit Organization
No Retail (office, classroom, meeting hall)	P
Retail	P
Public Facilities
Library	P
Museum	P
Public Buildings and Grounds (i.e., corporation yard)	C
Public Facilities, Minor (wells, pumps)	P
Public Parks	P
Storm Drainage Facilities	P
Quasi-Public Facilities
Cemetery	-	See Section 10-7.103 b 3
Church (place of worship)	P
Utilities
Solar Energy Systems (accessory use)	P	See Section 10-2.187
Solar Energy Farm	-	See Section 10-2.186
Utility Company Buildings, Facilities, and Grounds	C
Utilities and Railroads		See Section 10-3.221
COMMERCIAL
Communication
Broadcasting Studio (Radio or television)	P
Radio or Television Transmitter	C
Wireless Telecommunication Facilities		See Chapter 3, Article 4
Entertainment
Adult Entertainment Business	-	See Chapter 3, Article 3
Carnival (entertainment permit required)	P	See Title 4 , Chapter 1, Article 4
Circus (entertainment permit required)	P	See Title 4 , Chapter 1, Article 4
Entertainment Establishment (entertainment permit required)	P	See Title 4 , Chapter 1, Article 4
Theater, Motion Picture (indoor)	P
Commercial Cannabis Uses		See Chapter 3, Article 7
Commercial Marijuana Activity	-	See Section 10-3.210
Lodging
Motel, Hotel	P
Bed and Breakfast (2 rooms for lodging, owner resides on site)	-
Office
General	P	See Section 10-2.159
Medical	P	See Section 10-2.160
Outdoor Sales and Activities
Auction Yard	-
Certified Farmers' Market	P	See Section 10-3.212 a
Food and Drink Stands	P	See Section 10-3.212 b
Fund Raisers (nonprofit organizations)	P	See Section 10-3.212 c
Outdoor Dining Areas	P	See Section 10-3.212 d
Outdoor Display, major	P	See Section 10-3.212 e (2)
Outdoor Display, minor	P	See Section 10-3.212 e (1)
Outdoor Sales (products customarily sold indoor)	P	See Section 10-3.212 f
Promotions	P	See Section 10-3.212 g
Seasonal Sales (fireworks, pumpkins, Christmas trees)	P	See Section 10-3.212 h
Mobile Food Facilities	P	See Sections 10-3.210 and 10-3.212 i
Flea Market - Indoor	P
Flea Market - Outdoor	-
Industrial	-	See Section 10-3.213
Recreational
Campground, Recreation Vehicle Overnight Park	C
Health Club	P
Private Club, Lodge, Social Club, Cultural Center	P
Recreation Facility - Indoor	P	See Section 10-2.165
Recreation Facility - Outdoor	C	See Section 10-2.166
Recycling (Collection)
Recycling Facility, Large (more than 500 SF area)	C
Recycling Facility, Small (500 SF max area)	P	See Section 10-3.215 b
Unattended Containers no more than 50 SF area (in residential zones w/ school, church, or government use)	-	See Section 10-3.215 a
Unattended Containers/Reverse Vending Machine no more than 50 SF area (w/ permitted or conditional use)	P
Restaurants
Banquet Hall	C/P	See Section 10-3.203
Bar, Cocktail Lounge, Tavern	C/P	See Section 10-3.203
Restaurants (w/ alcohol)	C/P	See Section 10-3.203
Restaurants (w/o alcohol)	P
Retail
General Retail	P	See Section 10-2.174
Neighborhood Retail	P	See Section 10-2.175
Services
General Services
Ambulance Service	P
Armored Car Service	P
Business Services	P	See Section 10-2.178
Car Wash	C/P	See Section 10-3.222
Equipment Rental (indoors)	P
Exterminating Service	P
Fortune Telling	P
Funeral Home (includes cremation)	C
Janitor Service	P
Kennel	C
Laboratory (research and testing)	P
Package Delivery Service	C
Personal Services	P	See Section 10-2.179
Security Company	P
Self Storage	C
Sign Painting Shop	P
Stone Monument	C
Taxicab Service	P
Taxidermist Shop	P
Towing Services (no impound yard)	P
Trade Services	P	See Section 10-2.182
Repair Services
Major Repair	P	See Section 10-2.180
Minor Repair	P	See Section 10-2.181
Social Assistance Services
Assisted Living Facility	P
Adult Day Care (3 or fewer clients, 1 unit per lot)	-	Residential dwelling. Clients plus family members
Adult Day Care (4 or more clients, 1 unit per lot)	-
Adult Day Care (3 or fewer clients, 2 units per lot)	-
Adult Day Care	P	Commercial facility
Day Care Home - Small Family (6 or fewer children)	-	See Section 10-3.204 a 1
Day Care Home - Large Family (7-14 children)	-	See Section 10-3.204 a 2
Child Day Care Home (15 or more children)	-	See Section 10-3.204 a 3
Child Day Care Center	P	See Section 10-3.204 b
Convalescent and Other Care Facility	P	Commercial facility
Emergency Shelter	-	See Section 10-3.205
Homeless Shelter	-
Residential Care Facility (6 or fewer persons)	-
Residential Care Facility (7 or more persons)	-
Residential Care Facility (2 or more care facilities)	-	See Section 10-3.216
Residential Service Facility (not State licensed)	-
Supportive Housing	P	See Section 10-2.192
Transitional Housing	P	See Section 10-2.194
Vehicle Related
Heavy Vehicles		See Section 10-2.198
Farm Equipment Sales, Rental, Repair, & Service	C
Truck & Trailer Sales, Rental, Repair, & Service	C
Light Vehicles		See Section 10-2.199
Minor Maintenance (minor tune up, smog check)	C/P	See Section 10-3.222
Parts Store	P
Rental and Sales	P
Repair and Service, Major	-	See Sections 10-2.199 a and 10-3.222
Repair and Service, Minor	C/P	See Sections 10-2.199 b and 10-3.222
Service Station	P
Stereo Installation	C/P	See Section 10-3.222
INDUSTRIAL
Manufacturing
Heavy	-	See Section 10-2.150
Light	-	See Section 10-2.151
Other Manufacturing Involving:
Chemical Products (Hazardous)	-
Explosives	-
Natural Gas and Gas Products	-
Paper, Pulp, and Wood (no burning operation)	-
Other Industrial
Animal Slaughter Facility	-
Brewery	-
Microbrewery	C/P	See Section 10-3.203
Bulk Fuel Storage (Class II flammable liquids for the power needs of food processing plants)	-
Cabinet Shop	-
Contracting Business (with equipment and materials yard)	-
Distributing, Freighting or Trucking Yard	-
Equipment Rental Yard	-
Laundry and Dry Cleaning Plant	-
Machine Shop	-
Power Plant	-
Rock Crushing	-
Sand, Gravel, Brick, and Building Block Yard (no concrete mixing, manufacture or rock crushing)	-
Sheet Metal Shop	-
Tire Rebuilding, Recapping, Retreading	-
Transit and Transportation Equipment Storage Yard	-
Vehicle Impound Yard	-
Warehousing	-
Waste Disposal or Transfer Station	-
Welding Shop	-
Wholesale Business	-
Winery	-
Recycling Facilities
Recycling, Junk Handling, Processing and Storage, Heavy	-
Recycling Processing Facility, Light	-
Vehicle Salvage, Wrecking	-
Miscellaneous
Accessory Uses and Buildings
Customarily incidental to permitted & conditional uses	P
Incidental Manufacturing, Processing, Packaging, Storage, or Wholesale Sales	P
Parking
Parking Area in residential zone for adjacent nonresidential use in nonresidential zone	-
Parking Area in P-O zone for adjacent commercial use in commercial zone	-
Parking Lot or Garage	P
Recreational Vehicles	P	See Section 10-3.214
Trucks and Truck Trailers in residential zones	-	See Section 10-3.220
Temporary Buildings
Construction Buildings	P	See Section 10-3.218
Mobile Living Quarters	-	See Section 10-3.211
Sales Offices and Model Homes	P	See Section 10-3.219
Legend
P = Permitted Use - = Not Permitted C = Conditional Use		Note: A blank box means the land use is not applicable and/or refer to notes.

(Ord. No. 3773-C.S., § 1, effective 12-14-23)

Exceptions & meaning →

10-7.704 - Mixed-Use Zone Development Standards¶

Table 7.7-2 Mixed Use - Highway Oriented (MU-H) Zone Development Standards

In addition to the following development standards, the Development Standards in Chapter 4 (Development Standards), Article 4 (General Development Standards) shall apply to the Mixed Use - Highway Oriented (MU-H) zone.

Development Standards	Development Standards	Development Standards	Zoning District	Zoning District	Notes
Development Standards	Development Standards	Development Standards	MU - H	MU - H	Notes
SETBACK REQUIREMENTS (Minimum Setbacks)	SETBACK REQUIREMENTS (Minimum Setbacks)	SETBACK REQUIREMENTS (Minimum Setbacks)	SETBACK REQUIREMENTS (Minimum Setbacks)	SETBACK REQUIREMENTS (Minimum Setbacks)	SETBACK REQUIREMENTS (Minimum Setbacks)
Residential Buildings (except garage, carport, parking space)
Front and Street Side (corner lot)	Front and Street Side (corner lot)	Front and Street Side (corner lot)	15-ft.	15-ft.	See Section 10-4.106
Side (interior)	Side (interior)	Side (interior)			See Section 10-4.107 b
Building	One-Story Portion	One-Story Portion	5-ft.	5-ft.
Building	Two-Story Portion	Two-Story Portion	Adjacent to R-1	15-ft.
Building	Two-Story Portion	Two-Story Portion	Not Adjacent to R-1	10-ft.
Building	Three-story Portion	Three-story Portion	Adjacent to R-1	20-ft.
Building	Three-story Portion	Three-story Portion	Not Adjacent to R-1	10-ft.
Rear	Rear	Rear
Building	One-Story Portion	One-Story Portion	10-ft.	10-ft.
Building	Two-Story Portion	Two-Story Portion	15-ft.	15-ft.
Building	Three-story Portion	Three-story Portion	Adjacent to R-1	20-ft.
Building	Three-story Portion	Three-story Portion	Not Adjacent to R-1	15-ft.
Commercial or Mixed Use Buildings	Commercial or Mixed Use Buildings	Commercial or Mixed Use Buildings	Commercial or Mixed Use Buildings	Commercial or Mixed Use Buildings	Commercial or Mixed Use Buildings
Front and Street Side (corner lot)	Front and Street Side (corner lot)	Front and Street Side (corner lot)	15-ft.	15-ft.	Both frontages on through lots
Lot adjacent to alley	Lot adjacent to alley	Lot adjacent to alley	15-ft.	15-ft.
Side (interior)	Side (interior)	Side (interior)
Building	Not adjacent to Residential Zone	Not adjacent to Residential Zone	0-ft.	0-ft.
Building	Adjacent to Residential Zone 1	One-Story Portion	10 to 40-ft.	10 to 40-ft.	See Section 10-4.203
Building	Adjacent to Residential Zone 1	Two-Story Portion	20 to 40-ft.	20 to 40-ft.	See Section 10-4.203
Building	Adjacent to Residential Zone 1	Three-story and Higher Portion	50-ft	50-ft
Rear	Rear	Rear
Building	Not adjacent to Residential Zone	Not adjacent to Residential Zone	0-ft.	0-ft.
Building	Adjacent to Residential Zone 1	One-Story Portion	10-ft.	10-ft.
Building	Adjacent to Residential Zone 1	Two-Story Portion	20-ft.	20-ft.
Building	Adjacent to Residential Zone 1	Three-story and Higher Portion	50-ft.	50-ft.
Parking Area(s): Note: Multi-story Parking Structures Shall Meet Setbacks Required for Building(s)
Front and Street Side (corner lot)	Front and Street Side (corner lot)	Front and Street Side (corner lot)	10-ft.	10-ft.
Lot adjacent to alley	Lot adjacent to alley	Lot adjacent to alley	10-ft.	10-ft.
Rear and Side (interior)	Rear and Side (interior)	Rear and Side (interior)
Not adjacent to Residential Zone	Not adjacent to Residential Zone	Not adjacent to Residential Zone	0-ft.	0-ft.
Adjacent to Residential Zone 1	Adjacent to Residential Zone 1	Adjacent to Residential Zone 1	10-ft.	10-ft.
RESIDENTIAL DENSITY REQUIREMENTS:	RESIDENTIAL DENSITY REQUIREMENTS:	RESIDENTIAL DENSITY REQUIREMENTS:	Minimum: 22 du/ac	Minimum: 22 du/ac
RESIDENTIAL DENSITY REQUIREMENTS:	RESIDENTIAL DENSITY REQUIREMENTS:	RESIDENTIAL DENSITY REQUIREMENTS:	Maximum: 45 du/ac	Maximum: 45 du/ac
HEIGHT REQUIREMENTS (Maximum Stories/Feet, whichever is less)
Residential, Commercial, or Mixed Use Buildings:
Building	Not adjacent to residential zone	Not adjacent to residential zone	3 stories/45 feet	3 stories/45 feet	Added height with CUP See Section 10-4.401
Building	Adjacent to Residential Zone 1	Adjacent to Residential Zone 1	3 stories/45 feet	3 stories/45 feet	Added height with CUP See Section 10-4.401
OTHER REQUIREMENTS	OTHER REQUIREMENTS	OTHER REQUIREMENTS	OTHER REQUIREMENTS	OTHER REQUIREMENTS	OTHER REQUIREMENTS
Parking	Parking	Parking			See Chapter 5
Signs	Signs	Signs			See Chapter 6.
Access	Access	Access			See Section 10-4.204
Fencing	Fencing	Fencing			See Section 10-4.406
Design	Design	Design			See Section 10-4.205
Landscaping	Landscaping	Landscaping			See Chapter 4, Table 4.2-1

1 Adjacent to residential zone includes R-1, R-2, R-3, or residential P-D zones in the City or County. Note: Except as modified herein, Multi-family development shall comply with R-3 development standards.

(Ord. No. 3773-C.S., § 1, effective 12-14-23)

Exceptions & meaning →

10-7.705 - Upper Story Provisions for Multi-family Development in a Mixed Use Zone¶

(a) Where a multi-story residential building is proposed on a lot abutting a Low-Density Residentially zoned lot, any walls of the multi-story residential building that could provide unobstructed views (from windows or balconies) of a rear yard or actively used side yard on a Low-Density residentially zoned lot, the following shall apply:

(1) The Multi-story residential building shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of a second (or higher) story; and

(2) No balconies shall face the low-density residentially zoned parcel.

(b) The requirement in part (a) does not apply to windows required by the Building Code to be usable for accessible emergency access.

(1) Windows required for emergency access shall be frosted or otherwise provide additional privacy, as approved by the Director, if those windows are located on walls that could provide unobstructed views of a rear yard or actively used side yard on a Low-Density residentially zoned lot.

(Ord. No. 3773-C.S., § 1, effective 12-14-23)

Exceptions & meaning →

10-7.706 - General Parking Provisions¶

Unless otherwise provided in this article, the parking requirements shall be as specified in Chapter 5 - Parking Requirements.

(Ord. No. 3773-C.S., § 1, effective 12-14-23)

Exceptions & meaning →