Tuolumne County Municipal Code § 17.14.010 Purpose

COMMERCIAL AND MIXED USE ZONING DISTRICTS Sections:

• 17.14.010 Purpose.
• 17.14.020 Mixed Use District or (MU) District.
• 17.14.030 Commercial Recreational District or (C-K) District.
• 17.14.040 Neighborhood Commercial District or (C-O) District.
• 17.14.050 General Commercial District or (C-1) District.
• 17.14.060 Heavy Commercial District or (C-2) District.
• 17.14.070 Special Commercial District or (C-S) District.
• 17.14.080 Business Park District or (BP) District

commercial and mixed-use zoning districts and establishes regulations for permitted uses, conditional uses, minimum parcel size, building intensity, and minimum residential density. Except as otherwise noted, development within these districts shall be served with public water, public sewer, paved streets and adequate police and fire protection according to the policies of the General Plan with applicable federal, State, and local regulations concerning the provision of water and sewage disposal to serve the development. A. Purposes of Commercial and Mixed Use Districts:

Mixed Use District or (MU) District. The purpose of the Mixed Use (MU) District is to provide for a mixture of residential, commercial, and recreational facilities in an urban setting. It is intended that this district be established within urban areas, where a mixture of these uses is desirable near transportation corridors, downtowns, defined community centers, major commercial centers, schools, and community services. This district is not intended to provide shopping centers or major commercial developments of a community or regional nature. Development within this district shall be served with public water, public sewer, paved streets and adequate police and fire protection according to the policies of the general plan.

Commercial Recreational District or (C-K) District. The purpose of the Commercial Recreational (C-K) District is to encourage well-planned and integrated resort and vacation-oriented commercial complexes in which the developer may incorporate innovative design techniques.

Neighborhood Commercial District or (C-O) District. The purpose of the Neighborhood Commercial (C-O) District is to provide for limited commercial uses in areas that are intended to serve the nearby residential areas. It is intended that this district be established within urban areas, near population centers, to provide small-scale convenience shopping. This district is not intended to provide shopping centers or major commercial

developments of a community or regional nature. Development within this district shall be served with public water, public sewer, paved streets and adequate police and fire protection according to the policies of the general plan.

General Commercial District or (C-1) District. The purpose of the General Commercial (C-1) district is to provide for a variety of sales establishments that serve both the residents and traveling public. Development within this district shall be served with public water, public sewer, paved streets and adequate police and fire protection according to the policies of the general plan.

Heavy Commercial District or (C-2) District. The purpose of the Heavy Commercial (C-2) District is to provide for a location for the wholesale and Heavy Commercial uses and services necessary within the county. Development within this district shall be served with public water, public sewer, paved streets and adequate police and fire protection according to the policies of the general plan.

Special Commercial District or (C-S) District. The purpose of the Special Commercial (C-S) District is to provide for a variety of sales and service establishments that serve both the residents and visitors in areas that do not have public water and sewer service. Development within this district shall be served paved roads and adequate police and fire protection according to the policies of the general plan.
Development in this zone must comply with Title 15 of this code relative to fire safety standards and with applicable Federal, State and local regulations concerning the provision of water and sewage disposal to serve the development.

Business Park District or (BP) District. The purpose of the Business Park (BP) District is to provide for a mixture of industrial and commercial land uses with an emphasis on manufacturing, processing, assembly, storage, distribution, wholesale business, and research and development activities in campus-like business or industrial park settings (Ord. 3471 § 5, 2024).

District.
A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any Mixed Use (MU) District.

Minimum parcel size. Within any Mixed Use (MU) District, no parcel of real property shall be divided or reconfigured where any parcel so created will be less than 2,500 square feet in area or less than 50 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of the existing parcel and in the width at front setback of the existing parcel. Parcels

resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.
B. Building intensity. Within any Mixed Use (MU) District, the maximum residential building intensity shall be 15 dwelling units per acre permitted without discretionary review. The maximum ratio of the coverage of all buildings on a parcel, referred to as the floor area ratio (FAR), shall be 2.0. Additional units/building coverage are possible through a density bonus for the provision of affordable housing in accordance with the California Government Code.
C. Minimum residential density. Residential development within any Mixed Use (MU) District shall require a minimum density of eight dwelling units per acre, exclusive of areas zoned Open Space or Open Space-1, designated for park or recreational facilities, or encumbered by or proposed for deeded or dedicated easements, unless the property owner can demonstrate and the Board of Supervisors determines that physical or environmental constraints on the property make development to the minimum density infeasible.
D. Additional Multiple-Family Use Provisions. The following provisions apply to the development of multiple-family uses.

Multiple-family developments are encouraged to include smoke-free policies to limit residents’ exposure to the harmful effects of secondhand smoke.

Multiple-family developments consisting of five or more units, such as apartments or mobile home parks, shall provide at least 200 square feet of recreation space on site.

or (C-K) District. A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any Commercial Recreational (C-K) District.
B. Minimum parcel size. Within any Commercial Recreational (C-K) District, no parcel of real property shall be divided or reconfigured where any parcel so created will be less than two gross acres in area or less than 100 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.
C. Building intensity. Within any Commercial Recreational (C-K) District, the maximum residential building intensity shall be one (1) dwelling unit per two (2) acres. The maximum ratio of the coverage of all buildings on a parcel, referred to as the FAR, shall be 0.5. Additional building coverage is possible in accordance with the density bonus regulations of the California Government Code.

District or (C-O) District. A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any Neighborhood Commercial (C-O) District.
B. Minimum parcel size. Within any Neighborhood Commercial (C-O) District, no parcel of real property shall be divided or reconfigured where any parcel so created will be less than 2,500 square feet (net acreage) in area or less than 50 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of the existing parcel and in the width at front setback of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.

C. Building intensity. Within any Neighborhood Commercial (C-O) District, the maximum residential building intensity shall be 15 dwelling units per acre permitted without discretionary review. The maximum ratio of the coverage of all buildings on a parcel, referred to as the FAR, shall be 2.0. Additional building coverage is possible in accordance with the density bonus regulations of the California Government Code.
D. Additional Multiple-Family Use Provisions. The following provisions apply to the development of multiple-family uses.

Multiple-family developments are encouraged to include smoke-free policies to limit residents’ exposure to the harmful effects of secondhand smoke.

Multiple-family developments consisting of five or more units, such as apartments or mobile home parks, shall provide at least 200 square feet of recreation space on site.

1. District. A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any General Commercial (C-1) District.
   B. Minimum parcel size. Within any General Commercial (C-1) District, or no parcel of real property shall be divided or reconfigured where any parcel so created will be less than 2,500 square feet (net acreage) in area or less than 25 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of the existing parcel and in the width at front setback of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.
   C. Building intensity. Within any General Commercial (C-1) District, the maximum residential building intensity shall be 15 dwelling units per acre permitted without discretionary review. The maximum ratio of the coverage of all buildings on a parcel, referred to as the FAR, shall be 2.0. Additional building coverage is possible in accordance with the density bonus regulations of the California Government Code.
   D. Additional Multiple-Family Use Provisions. The following provisions apply to the development of multiple-family uses.

Multiple-family developments are encouraged to include smoke-free policies to limit residents’ exposure to the harmful effects of secondhand smoke.

Multiple-family developments consisting of five or more units, such as apartments or mobile home parks, shall provide at least 200 square feet of recreation space on site.

District. A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any Heavy Commercial (C-2) District.
B. Minimum parcel size. Within any Heavy Commercial (C-2) District, no parcel of real property shall be divided or reconfigured where any parcel so created with be less than 2,500 square feet (net acreage) in area or less than 25 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of the existing parcel and in the width at front setback of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.

C. Building intensity. Within any Heavy Commercial (C-2) District, the maximum residential building intensity shall be one
dwelling unit per 2,500 square feet. The maximum ratio of the coverage of all buildings on a parcel, referred to as the FAR, shall be 2.0. Additional building coverage is possible in accordance with the density bonus regulations of the California Government Code.

S) District. A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any Special Commercial (C-S) District.
B. Minimum parcel size. Within any Special Commercial (C-S) District, no parcel of real property shall be divided or reconfigured where any parcel so created will be less than two gross acres or less than 100 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of the existing parcel and in the width at front setback of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.
C. Building intensity. Within any Special Commercial (C-S) District, the maximum residential building intensity shall be one dwelling unit per two acres. The maximum ratio of the coverage of all buildings on a parcel, referred to as the FAR, shall be 1.0. Additional building coverage is possible in accordance with the density bonus regulations of the California Government Code.
D. Development in the Special Commercial (C-S) District does not require public water/sewer.

or (BP) District. A. Allowed uses. Table 17.14.1 lists uses allowed and the level of review required within any Business Park (BP) District.
B. Minimum parcel size. Within any Business Park (BP) District, no parcel of real property shall be divided or reconfigured where any parcel so created will be less than 2,500 square feet (net acreage) in area or less than 50 feet in width at the front setback line. An existing parcel that does not meet the minimum parcel size or width at front setback requirements may be reconfigured to a resulting parcel that does not meet the minimum parcel size and width at front setback requirements provided the reconfiguration does not result in a decrease in the size of existing parcel and in the width at front setback of the existing parcel. Parcels resulting from a merger shall be exempt from the minimum parcel size and width at front setback requirements.
C. Building intensity. Within any Business Park (BP) District, the maximum residential building intensity shall be one dwelling unit per 2,500 square feet. The maximum ratio of the coverage of all buildings on a parcel, referred to as the FAR, shall be 1.0. Additional building coverage is possible in accordance with the density bonus regulations of the California Government Code.

TABLE 17.14.1 ALLOWED LAND USES AND PERMIT REQUIREMENTS
Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations Residential Uses One single-family dwelling per parcel P P P1 P1 P1 P1 P1

Additional single-family dwellings when incidental to a commercial or business use of the parcel

C1 C2 C2 C3 C2 C3

Two single-family dwellings or one duplex per parcel P

Multifamily dwellings P

P P

Accessory dwelling unit P P P P P P P Ch. 17.36 Junior accessory dwelling unit P P P P P P P Ch. 17.36 Day care centers for not more than eight nonemployee occupants
P4 P4 P4 P4 P4 P4 P4

Small or large family day care home within a permitted or conditional use single-family dwelling, subject to the requirements of Chapter 17.54 P P P P P P P Ch. 17.54 Emergency shelters P

P P

Ch. 17.58 Transitional housing and supportive housing within a permitted single-family dwelling or multifamily dwelling19 P P P P P P P

Supportive housing in other structures besides single-family dwellings or multifamily dwellings P P P P

Low barrier navigation centers P P P P

Day care centers, other than family day care homes C C C C C C P

Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations Residential care homes of any size regardless of state licensing P4 P4 P4 P4 P4 P4 P4

Skilled nursing facility C C C C C C C

Single-room occupancies within not more than one-third of the rooms in a hotel or motel

C C C C C

Single-room occupancy units

C

Boardinghouse

C C C C C

Agricultural laborer housing P P P P P P P

Employee housing for six persons or less

P4 P4 P4 P4 P4 P4

Seasonal or Resident Employee Housing within a hotel or motel room P18 P18 C P18 P18

Home occupation P

Ch. 17.64 Agricultural and Resources Uses Nurseries and greenhouses P C P P P P P

Christmas tree farms C

P P C P C

General farming and ranching

P

C

Roadside stand

P5

C6

Growing and harvesting of timber

P

P

Agricultural processing, indoor

C

P

Agricultural marketing facilities or activities

C

Commercial stables, riding clubs, and guest ranches

C

Sawmills

C

Institutional and Recreation Uses

Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations General non-commercial recreational use incidental to the primary use of the parcel P

P P P P P

Schools (public, private, and alternative)
P C P P P P

Places of worship, libraries, museums, art galleries, tourist information facilities P C P P P P

Public utility distribution facilities P P P P P

P

Public safety facilities P P

P P P

On- and off-shore marina facilities C C C P P P P

Tent revivals, circuses and carnivals C C C C C C C

Flea markets

C

C C C C

Weddings and Commercial Events7 C C C C C C C

Public transportation stations or depots C C C P P P P

Places of public assembly, social clubs, lodges, and clubhouses C C C P P P

Health care facilities C C C C C C P

Public utility uses C C8 C C C C C

Recreational development

P C C C C C

Commercial recreation and amusement center

P C C

C C

Commercial motorcycle, snowmobile, and auto clubs and facilities including trails, test areas, and racetracks

C

Recreational vehicle parks and campgrounds

C

C

Refuse and sewage disposal sites and water and sewer treatment plants

C C C C C C

Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations Airports and heliports

C

C9 C C C

Farmers markets P P P P P P

Firehouses, police stations, and ambulance stations

P P

P

Civic events P P P P

P P

Commercial Uses Hotels and motels P P C P P P

Personal services P P13,14 P11,14 P14 P14 P13,14

Ch. 17.78 Retail sales, indoor (small), retail services, indoor (small), or shopping centers P10 P13 P11 P P P13

Ch. 17.76 Retail sales, indoor (large) P12 P13 P11 P P P13

Ch. 17.76 Retail sales, outdoor

C

C P C

Retail services, indoor
P12 P13,14 P11,14 P14 P14 P13,14

Ch. 17.76 Retail services, outdoor

C

C P C

Shopping centers P12 P13

P P P13

Ch. 17.76 Mobile food vendors21

P P P P P P Ch. 17.68 Professional offices P

P P P P

Fitness studios, including associated retail services when incidental to the primary use P P P P P P P

Bed and breakfast establishments, six bedrooms or less P4 P4 P4 P4 P P

Animal hospitals, indoors P

P P P P P

Animal hospitals, outdoors

C C C C

Kennels

C

C C C C

Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations Restaurants or take-out restaurants, with or without outdoor seating, in accordance with Chapter 17.60 P P P P P P

Ch. 17.60 Bars, without outdoor seating
P15

P15 P15 P15

Ch. 17.60 Bars, with or without outdoor seating

C15 C15

Ch. 17.60 Bars, with or without outdoor seating, for the service of beer and wine in conjunction with restaurants located within 200 feet of a residential district in accordance with Chapter 17.60 or bars with outdoor seating located more than 200 feet from a residential district

P P P

Ch. 17.60 Mini-marts C C C P C C C

Mortuaries, funeral homes, mausoleums, columbaria, and crematoria C

C P P P C

Gas stations C C C C P C C Ch. 17.44 Automotive Repair, minor (e.g., brakes, tires, radiators, electrical)

P P

P P Ch. 17.44 Automotive Repair, major (e.g., engine and transmission repair/rebuild)

C P P P Ch. 17.44 Service centers, such as telephone call facilities

P

Commercial laundry or dry cleaning plants

C P P P P

Outdoor storage and outdoor sales

C

C P C P16 Ch. 17.90

Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations Wholesaling

P

P

Retail and service commercial uses to support manufacturing and processing activities or those employed in those activities

P

Businesses with a retail or other commercial component that devote the majority of the developed area for manufacturing, processing, storage, or warehousing and the minority for sales and display

P

Day care centers P

P

P

Commercial coaches

P P P P Ch. 17.70 Industrial Uses Prospecting P

P P P P C

Development of aggregate resources C C C C C C C

Equipment repair facilities, indoor/outdoor

C17 C17 P P P/C

Mini-storage facilities

C P C C

Enclosed storage of equipment and materials

P P P P Ch. 17.90 Open storage of equipment and materials

C P C C

Storage tanks for liquids or gases

C C C C Ch. 17.90 Log decks

P20

C Ch. 17.90 Green waste uses

C C C C

Warehouses

C P C C Ch. 17.90 General manufacturing, processing and refining, indoor/outdoor

C

P/C

Key Blank Cell – Not Permitted
“P” – Permitted without Discretionary Review
“C” – Discretionary Review Required
A. Land Use Classification B. MU C. C-K D. C-O E. C-1 F. C-2 G. C-S H. BP I. Additional Regulations Research and development facilities

P

Construction material processing

P

Communications Facilities Wireless Communication Towers

C C C C C C Ch. 17.94 Temporary Uses Temporary sales offices for parcels and residences C C C C C C C

Accessory Uses Accessory uses and structures appurtenant to permitted uses P P P P P P P

Accessory uses and structures appurtenant to conditional uses C C C C C C C

1 Use shall not be converted to a commercial use unless it is brought into compliance with Title 15 of this Code relative to fire safety standards. 2 One unit per two acres maximum density. 3 2,500 net square feet per unit maximum density. 4 Within a permitted single-family dwelling. 5 For the sale of agricultural products, primarily for a farm or ranch located on the parcel or a combination of the parcel and other parcels under the same ownership, all of which are located in the county. 6 For the sale of agricultural products. 7 Where a fee is required. 8 All uses other than distribution facilities. 9 For provisions on airport zoning, see Ch. 18.28 of this Code. 10 Under 15,000 square feet of gross floor area, maximum. 11 Under 10,000 square feet of gross floor area, maximum. A conditional use permit is required for these uses from 10,000 to 25,000 square feet of gross floor area, subject to the requirements of Chapter 17.76.

12 Over 15,000 square feet of gross floor area, subject to the requirements of Chapter 17.76. 13 Under 25,000 square feet of gross floor area, maximum. A conditional use permit is required for these uses over 25,000 square feet of gross floor area, subject to the requirements of Chapter 17.76. 14 Permit requirements also apply to other business establishments in an enclosed building. 15 Not permitted within 200 feet of a residential district in accordance with Chapter 17.60. 16 Outdoor sales not permitted. 17 Use is conditional in an enclosed building. Use is not permitted at all otherwise. 18 Limit to one person per bed, the maximum 3 beds per room. Seasonal – 6 months or less, housing as part of the conditions or benefits of employment. Resident – HSC Division 13, Part 1, Section 1700 “Employee Housing Act” “Resident-employment housing,” as used in this part, means apartment houses, hotels, motels, or dwellings, where living quarters are provided for five or more employees employed in the management, maintenance, or operation of an apartment house, hotel, motel, or dwellings. 19 Multifamily dwellings include duplexes, triplexes, and fourplexes in addition to buildings with a higher number of residential units.
20Log decks are permitted for up to 18 months. Log decks to be in place longer than 18 months require a conditional use permit. 21Mobile food vendors allowed for up to 6 hours, then a conditional use permit is required. See Chapter 17.68.
(Ord. 3471 § 5, 2024)