The regulations specified in this title shall be subject to
the general provisions and exceptions set forth in this chapter.
(Prior code §9-125)
A. Accessory
uses and buildings appurtenant to a permitted use shall be allowed
only when constructed concurrent with or subsequent to the main buildings.
B. Wrecking
yards, junkyards, surplus yards, auto dismantling yards and secondhand
stores, where merchandise is displayed or stored outside an enclosed
building, shall be enclosed within a solid fence of uniform texture
of not less than six feet in height. Not more than six rebuildable
automobiles, identified as offered for sale as used automobiles, may
be displayed outside the fenced area or building at any one time,
regardless of the number of businesses being conducted independently
at the location.
If any vehicle is so displayed for a period of thirty days and
it shall not have been sold during that time, it shall not be considered
to be a rebuildable automobile and it must thereafter be stored within
the fenced enclosure.
1. No
material shall be stored or piled so as to extend higher than fence
height at any point nearer than six feet from the fence. Beginning
at a line parallel to the fence and six feet within it, material may
be piled an additional one foot in height for each additional two
feet in distance from the fence.
2. Where
vehicles not suitable for resale are stored or held for wrecking or
dismantling, one may be stacked or piled on top of another at the
fence to a two-car maximum limit, even though the top of the second
vehicle may extend higher than six feet; provided, that vehicles so
stacked at the fence cannot be other than passenger vehicles. The
term passenger vehicle shall not include trucks, buses, pickups, vans,
carryalls, or any other vehicles the primary intended use of which
was for other than transportation of persons.
C. For
purposes of this title, facilities for public utilities include, but
are not limited to, electrical substations, communication equipment
buildings and towers, service yards, gas regulator stations, meter
lots, pumping stations which are accessory to existing gas or oil
pipelines, and water wells; and such uses are permitted in A-2 and
all R districts; provided, that such use is demonstrated in connection
with the approval of a use permit, to be properly located without
detriment to or in conflict with the agricultural or residential usage
of property so zoned within the vicinity. Public utility transmission
and distribution lines, both overhead and underground, are permitted
in all districts without limitation as to height, but metal transmission
towers are subject to all yard requirements as other structures. However,
routes of proposed electrical transmission lines (including height,
and placement of towers), shall be submitted to the planning commission
for review and recommendations prior to the acquisition of rights-of-way
therefor, when such lines are not within a public street or highway.
D. Commercial cannabis activities as authorized by this title and Chapter
6.78 of the Stanislaus County Code shall be located and operated in compliance with all the requirements of Chapter
6.78 of the Stanislaus County Code and any other local requirements, and state laws and regulations, applicable to commercial cannabis activities.
1. Public
notification required for the consideration of any discretionary action
authorized by this title for the permitting of commercial cannabis
activities shall be provided at a distance of six hundred feet from
the boundaries of the project site, unless a greater distance is required
by adopted county policy or state requirement.
2. Any
discretionary action taken for the permitting of a commercial cannabis
activity shall be subject to a finding by the decision making authority
that the establishment, maintenance, and operation of the proposed
use will not, under the circumstances of the particular case, be detrimental
to the health, safety, and general welfare of persons residing or
working in the neighborhood of the use and that it will not be detrimental
or injurious to property and improvements in the neighborhood or to
the general welfare of the county.
(Prior code §9-125(a); Ord. CS 1205 §1, 2017)
A. Chimneys,
elevators, communication towers, mechanical appurtenances, monuments,
spires, campaniles, public and quasi-public buildings may be permitted
in excess of height limits for the various districts, provided a use
permit shall first be obtained in each case. Flagpoles are permitted
without height limitations and conventional television antennas, not
over sixty feet in height, are permitted in all districts.
B. As
to height limits, specific reference is made to Title 17 of this code.
Applications for a permit under Title 17 may be a part of an application
under this title.
(Prior code §9-125(b))
When a legally created lot has less than the minimum required
area or width as set forth in any of the residential zones contained
in this title, or in a precise plan, such lot shall be deemed to have
complied with the minimum lot area and width as set forth in any such
zone. The lot shall qualify for only one single-family residence and
only when the lot is of sufficient area to comply with all requirements
for sewage disposal and water supply as determined by the department
of environmental resources and that all applicable building setbacks
are met.
(Prior code §9-125 (c)(1); Ord. CS 274 §1, 1988; Ord. CS 1290 §1, 2021)
Unless the minimum building site area for the various districts
is greater, as provided by this title, a minimum area for one single-family
dwelling which is not connected to sanitary sewer, but served by a
public water supply, or to public sewer and not to public water, shall
be twenty thousand square feet. Where there is no connection to either
sanitary sewer or public water, the minimum building site for a single-family
dwelling shall be not less than one acre or greater if required by
the county department of environmental resources. For other uses without
sanitary sewers, and/or public water, the minimum building site shall
be that established by the board of supervisors or planning commission
as a condition to any use or other approval required.
(Prior code §9-125 (c)(2); Ord. CS 1290 §2, 2021)
A. Architectural
features such as cornices, eaves, and canopies may extend not exceeding
three feet into any required yard.
B. Whenever
an official plan line has been established for any street, required
yards shall be measured from such line, and in no case shall the provisions
of this title be construed as permitting any encroachment upon any
official plan lines.
C. Uncovered
porches and paved terraces may extend not exceeding three feet into
any required side yard and not exceeding six feet into any required
front yard.
D. Accessory
buildings which are detached or attached to the main building shall
comply in all respects with the requirements of this title applicable
to the main building. The accessory building shall not be located
within five feet of any alley or within five feet of the side line
of any adjacent lot or in the case of a corner lot to project beyond
the front yard required on the adjacent lot.
E. Truck
loading docks shall be so located that all vehicles entering or leaving
the premises to load or unload may be driven in a forward direction
without the necessity of the vehicle entering or leaving the premises
in reverse gear, and that no portion of any such vehicle will stand
or protrude on or into the public right-of-way while loading or unloading.
F. On
the following specified highways, no structure (excluding, however,
open wire fences, electroliers without attached advertising signs,
utility poles and solid fences or screen plantings not more than three
feet in height) shall be located closer to the highway center line
than as indicated:
1. State
Highway No. 33, ninety-five feet from the railroad right-of-way line;
2. Kiernan
Avenue, between McHenry Avenue and Broadway Avenue, seventy feet;
3. Santa
Fe Avenue, one hundred feet from the railroad right-of-way;
4. McHenry
Avenue, between the city of Modesto and the Stanislaus River, seventy-five
feet;
5. State
Highway No. 108, between McHenry Avenue and the city of Riverbank,
seventy-five feet; and between the city of Riverbank and the Tuolumne
County line, seventy feet.
G. Where
lots abut streets on the front and rear, and vehicle access to the
street in the rear is restricted, solid fences or screen planting,
not exceeding eight feet in height, may be located on the rear property
line.
H. Vision
Clearance for Corner Lots. In all zones which require a front yard,
no obstruction to view in excess of three feet in height shall be
placed, built, parked or allowed to grow on any corner lot within
a triangular area formed by the street, property lines and a line
connecting them at points twenty-five feet from the intersection of
the street lines, except that street trees are permitted which are
pruned at least eight feet above the established grade of the curb
so as not to obstruct clear view by motor vehicle drivers.
(Prior code §9-125(d); Ord. CS 9, 1983; Ord. CS 663 §39, 1998; Ord. CS 984 §1,
2007)
Any swimming pool, as defined within this title, when used as
a private swimming pool in any zone, shall comply with the following
requirements:
A. Such pools shall be used solely for the enjoyment of the occupants of the premises on which they are located and their guests and not for instruction, unless don in compliance with Chapter
21.94 regarding home occupations, or parties when fees are paid therefor;
B. Pools
shall not be located closer than three feet from any side or rear
property line. No pool shall be located closer than the minimum depth
required for the front yard or the street side yard of a corner lot.
Distances from other structures shall be governed by the Uniform Building
Code;
C. Lot
coverage by a swimming pool shall not be considered in calculating
the maximum lot coverage for buildings;
D. Filter
and heating systems for swimming pools may encroach into a side or
rear yard provided there remains a net two feet clear adjoining passageway
past the equipment. Distances between heating systems and building,
including door and window openings shall be governed by the requirements
of the current building codes, as well as manufacturer's requirements;
E. Whenever
a construction permit is issued for construction of a new swimming
pool at a private, single-family home, it shall be equipped with safety
features as required by the California
Health and Safety Code, including
any future amendments to that code.
(Ord. CS 778 §1, 2001)
Within the adopted sphere of influence of any city where a use
or sign is permitted by the regulations of the zoning district in
which it is located, or when a use permit, rezoning or other approval
has been granted, any signs to be installed in connection with such
use shall be permitted, consistent with any applicable sign regulations
of that city.
(Prior code §9-125(e); Ord. CS 419 §1, 1990)
Monuments shall be permitted in all districts subject to the
approval of the planning and community development director, except
for customary and usual monuments within a cemetery or enclosed building,
which are permitted without review. However, if in the opinion of
the director, a monument subject to his/her approval may cause substantial
public controversy or adversely affect the public health, safety,
peace, or morals, a use permit shall be required to establish such
monument.
(Ord. CS 449 §1, 1991)
Within the LAFCO adopted sphere of influence of any city or
in areas of specific designation created by agreement between county
and city, where any discretionary approval is required for any project,
the project, except agricultural uses and churches, shall not be approved
by the county unless it has first received written approval by the
city. No development request within the sphere of influence or area
of specific designation of any incorporated city shall be approved
unless it is consistent with agreements with the city which are in
effect at the time of project consideration.
(Ord. CS 414 §1, 1990; Ord. CS 457 §1, 1991)
No use shall be conducted on any premises in such a manner as
to cause an unreasonable amount of noise, odor, dust, smoke, vibration,
electrical interference, or other nuisance condition detectable off
the site.
(Ord. CS 1181 §1, 2016)