Article 1 — Establishment Of General Provisions

This chapter of the Turlock Municipal Code may be known and cited as the "Turlock zoning regulations" or "zoning regulations." (1207-CS, Rep&ReEn, 05/28/2015)

There is hereby adopted, as provided herein, zoning regulations for the City. The regulations are intended to be a precise and detailed plan for the use of land based on the General Plan of the City and to be consistent with the General Plan of the City. (1207-CS, Rep&ReEn, 05/28/2015)

The purpose of the zoning regulations is to promote the public health, safety, comfort, convenience, and general welfare of the people of Turlock. Specifically, these zoning regulations intend to achieve the following purposes:

• (a) To implement the policies of the Turlock General Plan;

• (b) To advance Turlock's position as a regional center of commerce, industry, and housing;

• (c) To promote and provide for the orderly growth and productivity of Turlock's economy;

• (d) To protect agricultural, residential, commercial, industrial, public, and institutional areas and environmentally sensitive areas from the intrusion of incompatible land uses;

• (e) To provide for desirable, appropriately located living areas in a variety of dwelling types and at a wide range of population densities, with adequate provisions for sunlight, fresh air, privacy, usable open space, and safety;

• (f) To encourage the provision of affordable housing, particularly to lower income households;

• (g) To achieve excellence in site and building design in all future and existing developments;

• (h) To provide adequate off-street parking and loading facilities, and to promote a safe, effective traffic circulation system;

• (i) To ensure that service demands of new development do not exceed the capacities of existing streets, utilities, or public services;

• (j) To assure equality among individuals in the use and enjoyment of their property;

• (k) To guide and encourage the renewal of areas experiencing blight, deterioration, and obsolescence, while protecting and preserving Turlock's cultural heritage;

• (l) To stabilize expectations regarding development entitlements and uses, thereby providing a basis for rational private and public land use decisions;

• (m) To minimize the process necessary to obtain rights to develop and use property;

• (n) To provide opportunities for businesses to be located for efficient operation in a mutually beneficial relationship to each other and to shared services;

• (o) To prevent any substantial risk to public health, safety, and welfare from the use of a land or location of a building, or to be a nuisance to or adversely affect adjacent properties or uses.

• (1207-CS, Rep&ReEn, 05/28/2015)

Zoning regulations shall apply to all land within the City of Turlock, including land owned by the City of Turlock and other local, State, or Federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map. (1207-CS, Rep&ReEn, 05/28/2015)

The zoning regulations shall be deemed the minimum requirements to promote and preserve the public health, safety, and general welfare of the people, unless otherwise noted. (1207-CS, Rep&ReEn, 05/28/2015)

The following rules of construction shall apply:

• (a) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

  • (1) "And" indicates that all connected words or provisions shall apply.

  • (2) "Or" indicates that the connected words or provisions may apply singularly or in any combination.

  • (3) "Either...or" indicates that the connected words or provisions shall apply singly but not in combination.

  • (4) "Shall," "must," and "will" signify requirements to be met without exception under all relevant circumstances.

  • (5) "Should" signifies the City's desire and expectation that the principle will be met in most cases, but recognizes that some circumstances may make implementation impossible or

unwise. The applicant may be required to demonstrate to the City the reason for not implementing principles with this wording.

• (6) "May" signifies that the principle establishes guidance for actions that are at the discretion of the applicant or public agency.

• (b) In case of conflict between the text and a diagram, the text shall control.

• (c) All references to departments, commissions, boards, or other public agencies are to those of the City of Turlock, unless otherwise indicated.

• (d) All references to public officials are to those of the City of Turlock and include designated deputies of such officials, unless otherwise indicated.

• (e) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend, a holiday, or some other day when the Turlock City Hall is not open for normal business, it shall be extended to the next full working day.

• (f) Article, division, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section hereof.

(g) The words "activities" and "facilities" include any part thereof. (1207-CS, Rep&ReEn, 05/28/2015)

• (a) The provisions of this title shall apply to the erection or alteration of any building or structure, or to the use of any parcel of land, as of the effective date of the ordinance codified in this title and any subsequently adopted ordinance amending this title, unless a building permit has been lawfully issued by the City for the construction of a project. In that case, the project may be completed under the provisions of this title as they existed at the time of issuance of the building permit; provided, that construction under the permit commences within the time frame(s) specified in TMC 9-5-106 and the permit remains effective and valid under the terms of issuance. For the purpose of this subsection, a foundation permit shall be treated as equivalent to a building permit but a grading, demolition, electrical, mechanical, or plumbing permit shall not be considered or treated as a building permit.

• (b) No official or employee of the City authorized to issue permits or licenses shall issue such permits or licenses which are not in conformity with the provisions of this title where such conformity is required by law. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

• (c) Whenever any building or sign permit, conditional use permit, variance, minor administrative permit, minor discretionary permit, or other such permit approval has been issued prior to the effective date of the zoning regulations or any amendment thereto and the uses or improvements for which the permit was issued would not conform to the regulations or amendments, the uses or improvements may, nevertheless, be utilized or developed to the extent authorized by the issued permit, provided the permit has not expired under the terms of its issuance. The uses and improvements shall be deemed legally nonconforming and shall be subject to the provisions of Article 3 of Chapter 9-2 TMC governing nonconformities.

(1207-CS, Rep&ReEn, 05/28/2015)

Where conflict occurs between the provisions of this title and any other City codes, ordinances, resolutions, guidelines, or regulations, the more restrictive provision shall apply unless otherwise specified.

(1207-CS, Rep&ReEn, 05/28/2015)

This chapter shall not be construed to imply that the City enforces, regulates, interferes with, or annuls any easement, covenant, deed restriction, or other agreement between parties except in those instances where the City is a party to the agreement. (1207-CS, Rep&ReEn, 05/28/2015)

• (a) Zoning designation system. The districts set forth in this title and the boundaries of such districts are shown upon the map adopted by the Council, such map being designated as the "zoning map." Such map is made a part of this title by reference as if the information set forth thereon were fully described in this title. The Council may from time to time republish all or any part of the zoning map to incorporate amendments thereto. Land use and development regulations applicable to specific sites, shown on the zoning map by zoning designation, shall consist of classes of letters and/or numerical designators as follows:

  • (1) A base land use designator indicating the principal land uses permitted or conditionally permitted in each district shall be a component of all zoning designations. In mixed use districts where a conflict arises between standards of more than one district, the Development Services Director shall determine which standards apply.

  • (2) Overlay district designators shall be included in a zoning designation if the provisions of one (1) or more overlay districts are applicable to a site. When a conflict arises between overlay district standards and base district standards, the overlay district standards shall apply.

• (b) Establishment of land use development standards. The zoning regulations shall set forth development standards for each zone district including, but not limited to, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the external appearance of certain uses and structures, the areas and dimensions of sites, and requiring the provisions of off-street parking, off-street loading facilities, and landscaping.

• (c) Use of property and land in established districts. Except as otherwise provided in this chapter:

  • (1) Land, structures, and premises in any district shall be used only for the purposes set forth as permitted in that district, in accordance with the regulations established by the provisions of this title for that district, and in accordance with the conditions and requirements which may have been established for that district in connection with the authorization of any variance or the granting of any permit.

  • (2) No structure shall be erected, reconstructed, relocated, or structurally altered to have a greater height, bulk, or a higher proportion of parcel coverage than is permissible under the limitations set for the district in which the building is located. If the building is already greater than the maximum permitted, it shall not be further increased.

(3) Open space, off-street parking space, or loading space shall be provided in accordance with the regulations, conditions, and requirements established for that district. (1207-CS, Rep&ReEn, 05/28/2015)

• (a) Zoning regulations. Where uncertainty exists regarding the interpretation of any provisions of this title or its application to a specific site, the Development Services Director shall determine the intent of the provision.

• (b) Zoning map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

  • (1) Where boundaries are indicated as following streets or other rights-of-way, the center lines of such streets or rights-of-way shall be construed to be such boundaries.

  • (2) Where boundaries are indicated as approximately following parcel lines, such parcel lines shall be construed to be such boundaries.

  • (3) In the event uncertainty exists or in the case where a district boundary divides a parcel, the Planning Commission, upon a written application or upon its own motion, shall determine the exact location of such boundaries.

• (c) Record of interpretation. The Development Services Director shall keep a record of interpretations made pursuant to this title which shall be made available to the public for review.

• (d) Appeals. An interpretation of the zoning regulations or zoning map by the Development Services Director may be appealed to the Planning Commission.

(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)

The Turlock City Council may authorize deviations from any provision of this title during a proclaimed local emergency in accordance with TMC Title 4. (1207-CS, Rep&ReEn, 05/28/2015)

If any section, subsection, sentence, or phrase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one (1) or more other portions of this title would be declared invalid or unconstitutional.

(1207-CS, Rep&ReEn, 05/28/2015)