Article 2 — Residential Districts (R-E, R-l, R-l4.5, R-M, R-H)

In addition to the purposes listed in TMC 9-1-103, the specific purposes for the regulations of each residential district are to:

(a) Residential estate (R-E).

• (1) Provide living areas which combine certain advantages of both urban and rural location by limiting development to very low density concentrations of one (1) family dwellings;

• (2) Provide transition or buffer areas between intense residential urban uses and agricultural preserves to avoid or lessen conflicts of use.

(b) Low density residential (R-L and R-L4.5).

• (1) Provide appropriately located areas for single-family dwellings that are consistent with the General Plan and with standards of public health and safety established by the Turlock Municipal Code;

• (2) Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, population density, traffic congestion and other adverse environmental impacts;

• (3) Achieve design compatibility through the use of site development standards.

(c) Medium density residential (R-M).

• (1) To limit the expansion of the City in order to preserve agricultural lands and maintain a compact urban form, while responding to many households' preference for single-family units;

• (2) Provide appropriately located areas for single-family and medium density multifamily dwelling units consistent with the General Plan and with standards of public health and safety established by the Turlock Municipal Code;

• (3) Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental impacts;

• (4) Achieve design compatibility with adjacent uses through the use of site development standards.

(d) High density residential (R-H).

• (1) Provide appropriately located areas for high density multiple-family dwelling units consistent with the General Plan and with standards of public health and safety established by the Turlock Municipal Code;

• (2) Provide affordable housing for all economic segments of the community and conserve land while maintaining a compact urban form;

• (3) Provide adequate light, air, privacy, and open space for each dwelling unit and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental impacts;

(4) Achieve design compatibility through the use of site development standards. (1207-CS, Rep&ReEn, 05/28/2015)

In the following schedule, the letter "P" designates use classifications permitted in R districts, the letters "NP" designate use classifications not permitted, the letters "MAA" designate use classifications allowed on approval of a minor administrative approval, the letters "MDP" designate use classifications allowed on approval of a minor discretionary permit, and the letters "CUP" designate use classifications allowed on approval of a conditional use permit.

All new or expanded uses of a site or structure shall obtain the necessary permits as indicated in the following schedule.

Any change in use or business within an existing structure which does not require an approved conditional use permit shall obtain a zoning certificate in accordance with Article 2 of Chapter 9-5 TMC, Zoning Certificates and Home Occupation Permits. The zoning certificate shall be obtained

prior to the issuance of a building permit or prior to commencement of a use where no building permit is required.

Uses not contained in the following schedule may be permitted subject to a conditional use permit. Such conditional uses must be of a similar nature and intensity as other uses in the district as determined by the Development Services Director or designee.

R DISTRICTS (Residential Districts)

USE CLASSIFICATIONS

P Permitted NP Not Permitted PD Planned Development CUP Conditional Use Permit MDP Minor Discretionary Permit MAA Minor Administrative Approval

(1) See TMC 9-1-202 (Definitions).

(2) The keeping of domesticated animals may be kept as an accessory use to a residence, subject to the requirements of TMC 6-1-105.1 (Other domesticated animals), only in the following zoning districts: agriculture (A) and residential estate (R-E).

(3) Repealed.

(4) See Article 2 of Chapter 9-5 TMC (Zoning Certificates and Home Occupation Permits).

(5) See TMC 9-2-119 (Accessory dwelling units).

(6) See TMC 9-2-101 (Accessory buildings or structures). Accessory structures will require a minor administrative or minor discretionary permit if required by the principal use.

(7) The keeping of household pets is subject to TMC 6-1-105.

(8) See TMC 9-2-111 (Mobile home development).

(9) Any housing with six (6) or fewer occupants is deemed permitted by right in a residential zoning district pursuant to State and Federal law.

(10) Employee, supportive, and transitional housing serving six (6) or fewer people is permitted as a singlefamily dwelling. Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

(11) Kennels are subject to Article 4 of Chapter 6-1 TMC.

(12) A structure allowed as a religious assembly building may be used for a temporary homeless shelter if the following requirements are met:

(i) There is a valid conditional use permit for the structure used for religious assembly purpose;

(ii) No rent or fees of any kind are charged for the service offered to homeless persons;

(iii) The facility that is used to house homeless persons accommodates a maximum of six (6) persons at any one (1) time;

(iv) Homeless persons reside at the facility a maximum of sixty (60) days;

(v) Occupancy by homeless persons at the facility commences upon the religious assembly use receiving a certificate of occupancy.

(13) Repealed.

(14) Minor utilities shall not interfere with the use, enjoyment, or aesthetics of adjacent uses.

(15) Manufactured housing shall be subject to architectural review to ensure compatibility with adjacent residential buildings in terms of scale, height, and exterior design and treatment as provided in the design guidelines, including but not limited to roof pitch and style, window and door detailing, exterior materials, textures, colors, and finishes.

(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016; 1231-CS, Amended, 04/13/2017; 1312-CS, Amended, 06/14/2024; 1343-CS, Amended, 4/9/2026)

The following schedule prescribes the development regulations for each residential district. Deviations from the setback and height requirements for the purpose of providing accommodation for disabled access to an existing structure may be permitted upon approval of a minor administrative approval pursuant to Article 3 of Chapter 9-5 TMC.

(1) See TMC 9-2-106 (Development on existing lots of record). See TMC 9-2-107 (Development on lots divided by district boundaries). Minimum lot sizes may be reduced when the exclusive use of such lots is intended for utility substations, pumping stations, and similar facilities.

(2) Lot width for lots located on a cul-de-sac is calculated at the front yard setback point.

• (3) See TMC 9-2-105 (Building projections into yards).

• (4) See TMC 9-2-108 (Exceptions to height limits).

• (5) See TMC 9-2-103 (Affordable housing density bonus).

• (6) Any corner side yard may be reduced to ten (10') feet if it does not abut the front yard of an adjacent lot.

(7) See TMC 9-2-101 (Accessory buildings or structures). For main structures, the minimum distance between structures shall increase five (5') feet per story, excluding accessory structures. Canopy structures, typically used to shade vehicles, in residential districts are prohibited in the twenty (20') foot front yard setback area. Canopies erected/installed prior to July 31, 2003, shall be allowed upon proof of date of installation; however, such canopies must be removed upon sale of the residence.

(8) The maximum height of a fence or wall shall be seven (7') feet with the following exceptions:

(i) The maximum height of a fence or wall in a required front or corner side yard shall be three (3') feet for a solid fence and four (4') feet for nonsolid fences, as long as such taller fences do not constitute a safety/visibility hazard to pedestrians or vehicles. A fence may be constructed at the back of the sidewalk within the public right-of-way with the provision that the City of Turlock or other utility may summarily remove it without compensation.

(ii) A maximum seven (7') foot fence or wall may extend five (5') feet into a corner side yard if it does not abut the front yard of an adjacent lot.

(iii) The Development Services Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study. Barbed wire, razor wire, electrified fencing, and similar security devices are prohibited. In addition, all fences and walls shall be subject to the driveway visibility requirements of TMC 9-2-215 (Driveway and corner visibility).

(iv) To improve security in residential districts only, the Development Services Director may permit a fence or wall located on the rear property line to be increased to ten (10') feet when the property abuts a property owned and maintained by public utility upon approval of a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits). This exception shall not be applied to a rear property line that abuts a public street or sidewalk.

(v) Barbed and razor wire, and electrified fences are prohibited in residential districts.

(9) Front or corner side yard setback may be reduced to the average of the two (2) adjoining lots when the adjoining lots have already been developed. In no case shall any portion of any building in a residential district be located within a public utility easement (PUE), or closer to the front property line than ten (10') feet or twenty (20') feet for garages/carports.

(10) Vehicular access. For all uses, there shall be vehicular access to the off-street parking and loading facilities from a dedicated street or alley.

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(11) In the R-L4.5 district, one (1) side yard may be eliminated if the opposite side yard is ten (10') feet. A five (5') foot wide easement on the lot adjacent to the eliminated side yard shall be required for building overhang, encroachments and access for building maintenance. Such easement shall be recorded prior to the recording of the final map or the issuance of any building permit, whichever occurs first. Otherwise both side yards shall be a minimum of five (5') feet. In no case shall any structure be closer than ten (10') feet from a structure on an adjoining property. In the R-L4.5 district those units which abut lots in a different zoning district shall maintain a five (5') foot adjoining side yard.

(12) In the R-L4.5 district, the rear yard may be reduced to five (5') feet for a length not to exceed one-third (1/3) of the width of the parcel.

(13) Multifamily dwelling projects (except senior housing) with twenty (20) or more units shall include an additional nine hundred (900) square feet of children's play area designed and equipped for children through the age of nine (9) years.

(14) A through lot is considered to have two (2) front yards, both of which shall be landscaped upon development of the lot. Municipal Code standards for front yards (setbacks, fencing, and the like) apply to both street frontages. On a through lot that is simultaneously a corner lot, the property owner may designate the corner side yards.

(15) In the R-M and R-H districts, the minimum side and rear yard setbacks shall be ten (10') feet. When the property abuts an R-L district, and the height of any window frame in the second story exceeds twenty-five (25') feet, the setbacks for the second story shall be increased to fifteen (15') feet. These setbacks shall be further increased to twenty (20') feet for a building that is three (3) stories or more in height when the property abuts an R-L district.

(16) Minimum lot frontage dimension applies only to lots fronting on curvilinear streets or cul-de-sacs, and may not be used to create flag lots.

(17) See TMC 9-2-109 (Landscaping and irrigation).

(18) In the R-L zoning district, the rear yard may be reduced to five (5') feet for a length not to exceed one-third (1/3) of the width of the parcel if the rear yard abuts a public alley.

(19) A residential lot located at the end of an open-ended cul-de-sac may consider the side yard abutting the public right-of-way at the end of the open-ended cul-de-sac as an interior yard for purposes of setback measurements. Because of visibility constraints, this provision may not apply when the side yard of the lot abuts the front yard of an adjacent lot.

(20) In R-L and R-L4.5 zoning districts, and for single story structures in the R-M and R-H zoning districts, a building projection may not encroach any closer than five (5') feet to the rear property line. The width of the projection may not exceed twenty-five (25%) percent of the allowed building width. For two (2) story structures in the R-M and R-H zoning districts, building projections may extend up to six (6') feet into the rear yard, reducing the minimum rear yard to fourteen (14') feet, instead of the requisite twenty (20') feet.

(21) Where two (2) corner lots abut each other ("back-to-back") in the R-E zoning district, a twenty (20') foot corner side yard setback is required. This provision does not apply to reverse corner lots, where the rear of the lot abuts the side yard of the adjoining lot. In this circumstance, the typical thirty (30') foot setback shall apply.

(22) Single-family homes located in the R-M zoning district are not subject to the ten (10') foot per story setback regulations.

(23) A twenty (20') foot driveway is not required when a garage is accessed off a public alley. Detached garages are subject to the accessory building provisions of TMC 9-2-101 (Accessory buildings or structures) for both setbacks and height limitations. Attached garages are considered part of the main dwelling units and are, therefore, subject to the rear and/or side yard setbacks normally established for that particular zoning district.

(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016; 1231-CS, Amended, 04/13/2017)