Chapter 18.50 — DEVELOPMENT STANDARDS

The purpose of this chapter is to establish development standards to preserve, protect, and promote the public health, safety, and general welfare of the city, and to minimize environmental impacts and land use conflicts.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This chapter shall apply to uses within all zone districts, unless specifically stated otherwise.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No use shall create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration, light or other similar causes.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Waste materials that are associated with any use that cause fumes or dust, that may be a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects, shall be stored in closed containers.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No use shall cause the emission of any smoke, ash, dust, fumes, vapors, gases or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted that exceeds the requirements of the San Joaquin Valley Air Pollution Control District or the requirements of any air quality plan adopted by the city of Chowchilla.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No use shall be permitted which emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious, or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, state or local government agency.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

No use shall be permitted to cause a steady state, earth-borne oscillation beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-family residential, mixed-use, commercial, office, and industrial uses. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards as determined by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

All mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.50.110 - Fences, walls, and hedges in all zones.

A.

No fence or wall shall be placed within the public right-of-way.

B.

A masonry fence exceeding three feet in height shall require engineered footings and a building permit. All other fencing exceeding seven feet in height shall require engineered post footings and a building permit.

C.

Corner Cutoff Areas. The following regulations shall apply at all intersections of streets, alleys or private driveways in all residential districts in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cutoff areas established herein.

1.

There shall be a corner cutoff area at all intersecting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five degrees, with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty feet from the intersection of such lines or their projections at the corner of a street or highway.

2.

There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

4.

Where, due to an irregular lot shape, a line at a forty-five-degree angle does not provide for intersection visibility, said corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than thirty feet from said intersection of the side and front (or rear) property lines.

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D.

All fences and walls shall be constructed of new or good used material, and all fences and walls shall be kept in good repair and adequately maintained. Any dilapidated, dangerous, or unsightly fences or walls shall be removed, unless otherwise required, or repaired.

E.

The provisions of this title regarding fences or walls shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the state, or any agency thereof.

F.

Exceptions may be granted in accordance with Chapter 18.84.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.50.120 - Fences, walls, and hedges by zone district

A.

The following standards shall apply in the R-L and R-M zone districts:

1.

Fences, walls and hedges not exceeding seven feet in height shall be permitted, except that in a required front yard or within five feet of a street side property line on a corner or side on cul-de-sac lot, a fence, wall or hedge shall not exceed four feet in height.

2.

Front yard and street side yard fence materials shall consist only of wood, tubular steel, wrought iron, or other decorative metal. Brick, stone, or stucco piers may be used in combination with these materials. New chain link front yard and street side yard fences are prohibited.

3.

Block walls, fences, wrought iron fences for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development where possible.

B.

The following standards shall apply in the R-MH, R-H, O, and PF zone districts:

1.

Fences, walls and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or a required side yard on a corner or side on cul-de-sac lot, a fence, wall or hedge shall not exceed four feet in height except as allowed by subsections (2) and (4) below.

2.

Wrought Iron Fences. A decorative open metal fence of wrought iron or tubular steel (not chain link) not exceeding seven feet in height shall be permitted along the front and street side property lines or within the front yard and street side yard setback areas of multi-family uses. This subsection does not authorize solid walls or fences composed of woven wire (chain link), wood, or other materials other than open metal wrought iron or tubular steel. A post or pilaster consisting of masonry, brick, or other solid material between twelve and eighteen inches square and seven feet tall may be used to support a wrought iron or tubular steel fence at a distance of at least six feet, but no more than thirty-six feet, between the posts or pilasters.

3.

Block walls, fences, wrought iron fences for multi-family developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the multi-family residential development.

4.

Along a front lot line an open chain link fence up to seven feet in height may be located in conjunction with a public or quasi-public playground or park use.

C.

The following standards shall apply in the MX, MX-D, C-N, C-S, C-H, I-L, and I-H zone districts:

1.

A seven-foot solid masonry wall shall be required along any side or rear property line abutting an R-L, R-M, R-MH, R-H, O, or PF zone district, except in required front and corner side yards where the maximum height shall be three feet.

2.

The director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.

3.

Razor wire, electrified fencing, and similar security devices are only allowed on a permanent basis in the I-L and I-H zone districts with approval by the director, provided that it is not visible from the public right-ofway and is not located adjacent to a residence or residential district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The use of temporary fences is allowed subject to the following requirements:

A.

A temporary fence shall be constructed of chain link or other such material approved by the director and shall not be permanently affixed to the site.

B.

A temporary fence shall be located on the site in such a manner as not to impede pedestrian or vehicle traffic adjacent to the site.

C.

A temporary fence placed to secure a construction, rehabilitation or demolition project on the site shall be removed when the project is completed.

D.

A temporary fence placed for a reason other than to secure a construction, rehabilitation or demolition project on the site shall be removed after ninety days unless a temporary use permit is issued in accordance with Chapter 18.76 that allows a longer period of time.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

No front or side building setback area in the R-L, R-M, R-MH, R-H, O and PF zone district shall be covered by tents, tarps, cloth, fabric, or a wood or metal covering or structure except for the following:

A.

Standard window and door awnings.

B.

Ornamental covers, such as a sidewalk or entry awning trellis, or other similar improvement intended as an improved passageway or for aesthetic purposes providing architectural integrity with the building to which it is attached.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.50.150 - Outdoor lighting standards.

A.

Purpose. The purpose of this section is to establish standards for the types, construction, installation and use of outdoor electrically powered illuminating devices and systems to conserve energy, preserve the natural environment, and provide nighttime safety and security, while not materially interfering with the use and enjoyment of property.

B.

Definitions. For purposes of this section, unless otherwise defined, the following words and phrases when used in this section shall have the following meaning:

1.

"Automatic timing device" means device which automatically turns on and off outdoor light fixtures or circuits.

2.

"Canopy light fixture" means an outdoor lighting fixture attached to or recessed within a canopy ceiling.

4.

"Fully shielded fixture" means an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane as determined by photometric test or certified by the manufacturer. A light fixture mounted under a canopy or other structure such that the canopy or surrounding structure effectively shields the light in the same manner is also considered fully shielded for the purposes of this definition.

5.

"Light glare" means the reflections of light sources which reduce the contrast between detail and background within the visual area.

6.

"Light trespass" means any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance.

7.

"Lumen" means that unit used to measure the actual amount of light which is produced by an outdoor light fixture.

8.

"Luminous tube lighting" means gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, etc.

9.

"Outdoor light fixture" means an electrically powered illuminating device which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, structure, or sign.

10.

"Temporary lighting" means lighting which does not conform to the provisions of this section and which will not be used for more than one continuous thirty-day period within one calendar year. Temporary lighting is intended for uses, which by their nature are of limited duration; e.g. holiday decorations, civic events, special events, construction projects, emergencies or similar situations. The thirty-day time limitations may be extended by the city on a case-by-case basis for unusual or special circumstances.

C.

Exemptions. The outdoor lighting fixtures listed below are exempt from the provisions of this section:

1.

Outdoor lighting fixtures which were lawfully installed prior to the enactment of these standards and do not create a nuisance.

2.

Luminous tube lighting. Gas-filled tubing such as neon, argon, etc.

3.

Temporary lighting, as defined in subsection B.

4.

Public outdoor recreational facilities, airport, roadway and navigation lighting installed and maintained by a public agency or public utility.

Outdoor light fixtures producing light by the combustion of fossil fuels, such as liquid fuel lanterns or gas lamps.

6.

Low voltage holiday decorations and landscape/walkway lighting.

7.

Ornamental lighting within the street right-of-way when approved by the city.

8.

Lights emitting infrared radiation used for remote security surveillance systems.

9.

Emergency Lighting by Emergency Services. Searchlights, floodlights, laser source lights, strobe or flashing lights, or any similar high intensity lights are permitted when used in emergencies by police, fire, medical, or utility personnel or at their direction.

10.

Solar-Powered Lighting. Solar-powered lights of five watts or less per fixture used in residential landscaping applications and to illuminate walkways are exempt from applicable lamp type and shielding standards and are excluded from the total lumen calculations for the site.

D.

General Outdoor Lighting Standards. The following requirements and standards shall apply in all zone districts for the installation and use of outdoor lighting fixtures.

1.

All lights and light fixtures, except public street lights, shall be located, aimed or shielded so as to minimize light trespassing across property boundaries or skyward.

2.

No lights or light fixtures shall flash, revolve, blink or otherwise resemble a traffic control signal or operate in such a fashion to create a hazard for passing traffic.

3.

Building mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.

4.

Canopy ceiling light fixtures shall be recessed or the sides of the lens area shall be shielded in order to eliminate emission of horizontal light.

5.

The height of freestanding light fixtures including freestanding parking lot fixtures shall be measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture and shall not exceed the following:

a.

Eighteen feet in height, when located within fifty feet of any residential zone district; and

b.

Twenty-five feet in height when located within fifty-one to one hundred fifty feet of any residential zone district; and

c.

Thirty feet in height when located more than one hundred fifty feet from any residential zone district; and

E.

Residential Outdoor Lighting Standards. In addition to the general outdoor lighting standards stated in subsection D, the following additional requirements shall apply to outdoor lighting fixtures in the R-L, R-M, R-MH, and R-H zone districts:

1.

Mercury vapor lamps shall be a fully shielded fixture with all light directed on-site.

2.

Freestanding light fixtures, including freestanding parking lot light fixtures, shall not exceed eighteen feet in height measured from the top of a light fixture to the adjacent grade at the base of the support for that light fixture.

F.

Non-residential Outdoor Lighting Standards. In addition to the requirements identified in subsection D, the following additional requirements shall apply to outdoor lighting fixtures in the O, PF, and all commercial and mixed-use zone districts:

1.

All outdoor fixture lighting shall be a fully shielded fixture and focused to minimize light trespass and glare.

2.

Outdoor lighting fixtures shall be turned off after close-of-business unless needed for safety or security, in which case the lighting shall be activated by motion sensor devices. Illuminated signs and parking lot lighting are excluded from this requirement.

3.

Lighting for signs, recreational facilities, and decorative effects for building and landscape shall be fully shielded fixtures equipped with automatic timing devices and focused to minimize light glare and light trespass.

G.

Submission of Plans and Evidence. For parking lots and commercial developments, the submission of lighting plans and evidence of compliance with these lighting requirements are required, and shall include the following:

1.

Description of outdoor light fixtures, including component specifications such as lamp reflectors, lens style, angle of light cutoff, supports, poles, and include manufacturers' catalog specifications.

2.

Locations and description of all outdoor light fixtures and hours of their operation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A front building setback area shall be provided on each frontage of a through lot, except where access to one of the frontages has been waived or is otherwise prohibited.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.50.170 - Exceptions in building setback area limitations.

A.

Architectural features, including without limitation, sills, chimneys, fireplaces, cornices and eaves, may extend into a required side building setback area, a required rear building setback area, or a space between structures, not more than thirty-six inches, and may extend into a required front building setback area not more than six feet. Where an architectural feature extends more than twenty-four inches into a required side building setback area, such extension shall meet all fire and building code requirements. No building or projection thereof may extend into a public easement or right-of-way.

B.

Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet; and planter boxes attached to a building may be extended into a required front building setback area by not more than three feet.

C.

Fences, walls, hedges, garden structures, walks, driveways and retaining walls may occupy any required building setback area or other open space, subject to the limitations prescribed in this title.

D.

When more than sixty percent of the linear frontage of lots improved with residential buildings within any street block is comprised of lots with less than the minimum front building setback requirements, the minimum front building setback for newly constructed residential buildings in such block shall be the average of the actual front building setback of all the lots in such block improved with residential buildings; counting those that have front building setbacks greater than the minimum front building setback requirement of the zone district as having the minimum requirement.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, airconditioning equipment, or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts, or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:

A.

The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:

1.

The California Building Standards Code, California Code of Regulations, Title 24, any and all amendments, thereto, published by the California Building Standards Commission;

2.

Any provision of the Chowchilla Municipal Code;

3.

Any other law or regulation, such violations including, without limitation, violations that create a fire hazard, endanger human life, or are hazards to the public health, safety and general welfare of the citizens of the

city, including without limitation, real property, structures or other improvements that are in disrepair or are not property maintained as determined by the chief building official;

B.

Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting on any alley, street, or other public right-of-way;

C.

The parking of vehicles in landscaped areas;

D.

Real property or structures or improvements thereon not properly maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties;

E.

Broken windows or other structural defects in the real property or any structures or improvements thereon which create hazardous conditions and invite trespassing and malicious mischief including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards;

F.

Clothes lines visible from a public street;

G.

Garbage cans and garbage receptacles stored in locations on a lot that are visible from the public street or neighboring properties. Except that, the enforcement officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the enforcement officer makes such a determination, the enforcement officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties;

H.

Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which create an unsightly appearance;

I.

Failure to maintain required landscaping and trees and/or removal, destruction or severe pruning of required landscaping or trees;

J.

Installation of newspaper/magazine racks, overnight/postal drop boxes or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the city and/or failure to properly maintain said items.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.52 - LANDSCAPE STANDARDS

The purpose of this chapter is to:

A.

Enhance the appearance of all development by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

B.

Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, and enhancing pedestrian and vehicular traffic and safety; and

C.

Decrease the use of water for landscaping purposes by requiring the efficient irrigation system design, appropriate plant materials, and regular maintenance of landscaped areas.

D.

Meet the requirements of the latest adopted Model Water Efficient Landscape Ordinance (MWELO).

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.52.020 - Applicability.

A.

This chapter applies to all development projects.

B.

All projects shall provide and maintain landscaping in compliance with the provisions of this chapter.

C.

Landscape plans, and plans for the ornamental use of water, including fountains and ponds, shall be submitted for review for compliance with the requirements of this chapter. Landscaping shall not be installed until the applicant receives approval of the final landscape plan. Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for review and approval before installation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The director may require a landscape concept plan as part of an application for a site plan review permit, conditional use permit, tentative subdivision map, or other permit or plan.

B.

A landscape concept plan shall meet the intent of this section by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, and similar attributes. The concept plan shall provide the applicable review authority with a clear understanding of the landscaping program before the preparation of detailed construction landscape and irrigation plans.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.52.040 - Construction landscape and irrigation plans.

A.

When construction landscape and irrigation plans for on-site landscaping are required, they shall be submitted in conjunction with a building permit or subdivision improvement plans. Except for plans on a single-family lot, the plans shall be on a minimum twenty-four-inch by thirty-six-inch sheet.

B.

Landscape and irrigation plans shall be prepared by a state licensed landscape architect, licensed landscape contractor, or a landscape professional determined to be competent by the director.

C.

Construction landscape and irrigation plans shall comply with the latest State Model Water Efficient Landscape Ordinance. The director or the city engineer may determine other requirements for the contents of construction landscape and irrigation plans.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Landscaping shall be provided in the locations specified in this section:

A.

All building setback areas and open space areas required by this title that are visible from a public right-ofway shall be landscaped.

B.

All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter.

C.

Parking areas shall be landscaped in compliance with Chapter 18.54.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Landscape areas and materials shall be designed, installed, and properly maintained in compliance with this section.

A.

The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

1.

Publicly maintained landscape areas shall be separated from privately maintained landscape areas with, at a minimum, a six-inch-wide concrete mow strip.

2.

Pedestrian access to sidewalks and structures shall be integrated with the design of landscaped areas.

3.

Landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch-high and six-inch-wide concrete curb. An alternative type of barrier may be approved by the director.

4.

Concrete mow strips, when used, shall be a minimum of six inches in width.

5.

Trees and shrubs shall be planted so that at maturity they do not interfere with utility lines and traffic safety sight areas.

6.

Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access.

7.

Trees planted within five feet of sidewalks or curbs shall have an eighteen-inch by ten-foot long linear ribbed root barrier placed at each edge of the sidewalk or face of curb and centered on the tree.

8.

Landscape areas with exposed soil shall have a minimum three inches of mulch evenly applied over the exposed soil. Mulch may include bark or decomposed granite (three-eighths-inch Minus).

9.

Soil amendments shall be added, as recommended by a soils report prepared by a certified lab. A copy of the report shall be included with the landscape plans.

B.

Plant materials shall be selected and installed in accordance with the following requirements:

1.

All trees shall be sized fifteen gallons or larger.

2.

The size of seventy percent of plants and shrubs shall be at least five-gallon or larger. The remaining plants and shrubs shall be sized one gallon or larger.

3.

The size of groundcover at planting shall be one gallon or larger.

4.

Groundcover shall be designed to have one hundred percent coverage within two years.

5.

Drought tolerant plant material and climate appropriate species shall be emphasized in the design.

6.

Where groundcover or turf is not used, plant material shall cover eighty percent of the ground surface within two years.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A required landscaped area shall be planted with live and healthy plant materials suitable for screening and/or ornamenting the site. Landscaped areas shall be watered by automatic systems and designed and developed in accordance with the most recent State Model Water Efficient Landscape Ordinance.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the latest Model Water Efficient Landscape Ordinance (MWELO). The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.54 - PARKING AND LOADING STANDARDS

In order to attempt to reduce traffic congestion and a shortage of curb spaces, off-street parking and offstreet loading facilities shall be required as a part of new land uses and major alterations and expansion of existing land uses. Off-street parking and loading areas are intended to be laid out in a manner which will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impact.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The parking and loading standards in this chapter shall apply to all zone districts, unless otherwise specified.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The land areas set aside for parking to meet the provisions of this chapter shall be usable and accessible for the type of off-street parking that is required. Off-street vehicle parking is restricted to only approved off-street parking facilities as designed and developed in accordance with this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.040 - Number of parking spaces required.

A.

At the time of initial occupancy of a site or any existing structure, or of the construction of a building, or of a major alteration or expansion of a site or building, or a change in the use of property that requires additional parking spaces, the number of off-street parking facilities for vehicles shall be provided in accordance with Table 18.54.040.

B.

For the purposes of this section, square feet shall mean the gross square feet of a building. Employees shall mean the expected number of employees determined at the time a use commences.

C.

If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

Table 18.54.040

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.54.050 - Exceptions to required number of spaces.

A.

No additional parking spaces shall be required for a change in use or a building enlargement of less than one thousand square feet in an existing building located within the Downtown Mixed Use zone.

B.

In the event a change in use requires an increase of two or less off-street parking spaces, no additional parking spaces shall be required.

C.

No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use or increase in floor area or other unit of measurement as the

result of such remodeling.

D.

The total requirements for off-street parking facilities for a mixed-use development shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specifically allowed in this chapter.

E.

Parking lots with forty or more spaces may substitute standard parking spaces with motorcycle spaces if they are located within one hundred fifty feet of a building entry. One required standard space may be replaced with a motorcycle space for each forty required spaces.

F.

No existing land use or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking or off-street loading facilities prescribed in this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The director, upon a written application by the owner or lessee of any property, may authorize the joint use of parking facilities when all of the following are met:

A.

No more than seventy-five percent of the parking facilities required by this chapter for a primarily daytime (or weekday) use will be provided by the parking facilities of a primarily nighttime (or weekend) use, or alternatively, no more than seventy-five percent of the parking facilities required by this chapter for a primarily nighttime (or weekend) use may be provided by the parking facilities of a primarily daytime (or weekday) use. Banks, offices, retail stores, all manufacturing uses, and similar uses are considered typical daytime uses. Theaters, bars, and auditoriums are considered nighttime uses.

B.

The building or use for which an application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within two hundred feet of such parking facility.

C.

The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

D.

If the building, structures, or improvements requiring the parking spaces is located on a different lot or parcel from the property upon which the required parking spaces are located, the owner(s) of the properties shall enter into an agreement, in a form approved by the city. The agreement shall name the city as a thirdparty beneficiary and shall state that the purpose of the agreement is to satisfy the requirements of this chapter. The agreement shall also state that it creates a covenant that shall run with the land and that the parties thereto will maintain the required parking spaces upon the property where the parking spaces are located so long as the city requires such parking spaces for the building, structure or improvement. The agreement shall also state that the parking spaces will be used only by persons using the properties that are identified in the agreement and for no other purpose without the express prior written consent of the city. The agreement shall be recorded against title to both properties identified in the agreement so as to become an encumbrance against title to both properties.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Common parking areas for uses that are not integrated shopping centers may be provided in lieu of the individual requirements contained in this chapter. Plans for such facilities shall be approved by the director as to size, shape, and relationship to the sites to be served. The total number of such off-street parking spaces shall be reduced by fifteen percent if the site has three thousand square feet or more of building floor space.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.080 - In-lieu payments for uses within the downtown mixed use zone.

In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the Downtown Mixed Use zone, the city may require the applicant to pay an in-lieu parking fee. The fee shall be set by resolution of the city council.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Off-street parking and off-street loading shall be located on the same site as the use for which they are required or on an adjoining site, except that within the Downtown Mixed Use zone may locate required offstreet parking within six hundred feet of the use for which the spaces are required, measured by the shortest route of pedestrian access.

B.

All parking spaces, whether required by this chapter or in addition to that which is required, shall be located on a lot or parcel behind the front building setback and outside of a street side yard setback, except that vehicles may park on a paved driveway in the front building setback area. This requirement applies to both covered and uncovered parking areas.

C.

In the Downtown Mixed Use zone, new parking spaces shall not be located between the main building and a public street.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Off-street parking facilities shall conform to the following standards and be approved by the director in accordance with Chapter 18.60:

A.

All parking areas shall have ingress and egress to and from a street or alley as required by the city's standard specifications.

B.

Sufficient room for turning and maneuvering vehicles shall be provided on the site.

C.

Developed parking areas are to be utilized by all vehicles associated with or visiting the site.

D.

The parking of vehicles on lawn, landscaped areas, or other areas not designed for parking is prohibited.

E.

Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the director.

F.

Parking lot lighting shall be deflected away from adjoining sites so as not to cause glare to surrounding properties.

G.

No commercial repair work or servicing of vehicles shall be conducted in a parking area.

H.

Parking areas, aisles, and access drives shall be paved with a solid material so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, except that longterm storage areas for vehicles in the C-S, I-L, and I-H zone districts may be surfaced with rock, gravel, granite, or solid paving.

I.

Parking areas shall be designed to the city's standard specifications and approval by the city engineer.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

A standard parking space shall not be less than eighteen and one-half feet in length and nine feet in width, exclusive of aisles and access drives. The length of the space may be reduced by up to two feet where the top of the parking space is adjacent to low groundcover or sidewalk that allows vehicle overhang.

B.

A compact parking space shall not be less than sixteen feet in length and eight feet in width and marked for compact cars.

C.

Up to thirty percent of all parking spaces in a parking lot or parking structure may be compact parking spaces. In parking lots, there shall be no more than four compact spaces adjacent to each other.

D.

The dimensions, design, and construction of parking spaces reserved for handicapped access shall meet the latest adopted California Uniform Building Code.

E.

Motorcycle spaces shall be a minimum size of four feet by eight feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

At least one off-street loading space shall be provided in connection with a building having a gross floor area of ten thousand square feet or more and intended for a use that typically receives or delivers goods. This requirement shall not apply to a building adjacent to a public alley. The director may waive this requirement for buildings located within the Downtown Mixed Use district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.130 - Standards for off-street loading facilities.

Off-street loading facilities shall conform to the following standards:

A.

Clearance. Each loading berth shall have a length, width, and overhead clearance sufficient to accommodate fully the maximum expected size of vehicles used in loading or unloading operations.

B.

Turning and Maneuvering. Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

C.

Entrances and Exits. Entrances and exits shall be provided at locations approved by the city engineer.

D.

Paving, Drainage, and Grading. The loading area, access drives, and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and the approval of the city engineer.

E.

Bumper Rails and Other Barriers. Bumper rails or other barriers shall be provided where needed for safety or to protect property as determined by the director.

F.

Lighting. If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

G.

Location. Loading areas not permitted in front yards. A loading area shall not be located in a required front setback area. A loading area may be located in a required side or rear setback area.

H.

Restriction of Use. No commercial repair work, washing, or servicing of vehicles shall be conducted in an off-street loading area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.140 - Replacement of off-street parking and off-street loading facilities.

No off-street parking or off-street loading facility provided per this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the requirements of this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Where an off-street parking area located in a commercial or mixed use zone district adjoins a residential zone district or the O zone district, a solid wall or fence, approximately seven feet in height shall be located at the property line common to such districts, except in a required front setback area. The director may reduce the required height or type of screening if they find that the standard screening requirement is not necessary to protect the residential or office use from light, noise, and safety impacts.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

In the O zone district and in all commercial, mixed use, and industrial zone districts, not less than five percent of the interior square footage of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Parking areas are to have one tree placed at every four lineal parking spaces. Landscaped areas shall be distributed throughout the parking area and peripheral areas to the extent practical in consideration of the size and design of the parking area. Landscaped areas shall be delineated by a six-inch-wide and six-inch-high concrete curb. Parking lots developed next to a street shall provide a landscape buffer between the street and the parking lot of at least ten feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Parking for bicycles and low-emission vehicles shall be provided in accordance with the latest adopted version of the California Building Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.180 - Garage conversions of required parking to living space.

A.

It is the purpose of this section to allow, in certain cases and subject to specific design requirements, the conversion of garages and carports for living space in circumstances where the provisions of Section 18.54.040 cannot be met post-conversion. Such conversion is deemed acceptable if the following requirements are met:

1.

The site is being used as a single-family, detached, residence with a minimum lot size of five thousand square feet;

2.

The area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit or accessory dwelling unit;

3.

The area converted shall be subject to all applicable building code requirements;

4.

The site shall be owner occupied and that such ownership shall have been in effect for a minimum of twelve months prior to approval of a conversion under this section;

The garage door shall either be removed from the structure, or a wall shall be constructed behind the preexisting garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;

6.

If the garage door is removed, some type of buffering, such as removal of a portion of the parking area for a planter area, shall be provided between the carport or garage and the remaining parking area;

7.

The remaining parking area shall have two parking spaces, each space having a minimum width of nine feet and a minimum depth of eighteen feet from the property line.

B.

The director shall approve or deny garage conversion requests based upon the requirements in this section through the administrative use permit process in Chapter 18.74. Interested individuals may appeal the decision in accordance with the appeal provisions in Chapter 18.70. Review shall be limited to compliance with the specified requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.56 - SIGNS AND OUTDOOR ADVERTISING STRUCTURES

A.

The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of Chowchilla, its residential neighborhoods, its downtown, and commercial/industrial areas, while also providing an effective means for members of the public to express themselves through the display of signs. These regulations recognize the importance of business activity to the economic vitality of the city as well as the need to protect the visual environment. Specifically, these regulations are intended to implement the general plan and to:

1.

Provide minimum standards to safeguard life, health, property, public welfare, and traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures;

2.

Preserve and enhance the visual attractiveness of the city for residents, businesses, and visitors;

3.

Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent

buildings and businesses;

4.

Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians and drivers;

5.

Provide adequate opportunity for the exercise of the free speech by display of a message or image on a sign, while balancing that opportunity with other community and public interests;

6.

Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises, rather than functioning as general advertising for hire; and

7.

Prohibit signs that may cause traffic or pedestrian safety hazards or interfere with ingress and egress.

B.

It is the city's policy to regulate signs in a constitutional manner that is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This chapter regulates signs that are located or mounted on private property within the jurisdictional boundaries of Chowchilla. The provisions in this chapter apply in all zoning districts within the city. No sign within the regulatory scope of this chapter shall be erected or maintained anywhere in the city except in conformance with this chapter. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subject to the property owner's consent, a noncommercial message of any type may be substituted, in whole or in part, for any commercial message or any other noncommercial message provided that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this title. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the

total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, provided that they conform to applicable standards:

1.

One nameplate per residence or business premises, mounted on a wall and not exceeding two square feet in area, identifying the owner and/or address of the property.

2.

Barber poles, not exceeding eighteen inches in height, located in a non-residential zone district and containing no lettering.

3.

Signs on vehicles, provided that the message pertains to the establishment of which the vehicle is an instrument or tool, and the sign does not utilize changeable copy or special illumination.

4.

Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.

5.

Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; noncommercial bus stop signs erected by a public transit agency, or other signs required or authorized by law. This exemption also covers signs and banners for special civic events erected by the city, which may be displayed in public rights-of-way.

6.

Signs that are located entirely within a building or enclosed structure and are not visible from the public right-of-way.

7.

Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right-of-way.

Signs and menu display boards fixed to mobile vending carts, up to a maximum of eight square feet of sign area, plus a menu display board.

9.

Signs that are part of a vending machine.

10.

Temporary signs that conform to the standards of Chapter 18.56.

11.

Signs mounted on carrier vehicles such as buses, taxicabs, and limousines that legally pass through the city.

12.

Window signs that conform to the standards of Chapter 18.56.

B.

Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.56.050 - Prohibited signs.

A.

The following signs shall be prohibited in all zones:

1.

Signs illuminated with red, green, or amber light placed in such a position that it could reasonably be perceived to interfere with, or be confused with any official traffic control device, traffic signal, or official directional guide sign.

2.

Signs placed within thirty feet of the intersecting curb lines of a street, except for signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic.

3.

Signs so located as to prevent free ingress and egress from any door, window, or fire escape;

4.

Outdoor advertising structures located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced.

5.

Signs extending above or beyond the face of the building, the fascia of the roof, the peak of a pitched roof, or the parapet line of a flat roof.

6.

Glaring, flashing, sparkling, glittering, twinkling, or shimmering signs.

7.

Signs with open letters that can be viewed from the reverse side.

8.

Streamers, balloons, blimps, or other floating, inflatable, or hanging devices secured with a rope or string, unless specifically permitted with a temporary use permit.

9.

Signs located, placed, or erected in or upon any public right-of-way, except as specifically allowed by this chapter.

10.

Signs located, placed or attached upon any tree, utility pole, or fence, except as specifically allowed by this chapter.

11.

Signs placed on private property without permission of the property owner.

12.

Nonconforming signs and sign structures associated with an activity, business, product or service that has not been sold, produced, provided or conducted on the premises for a period of ninety days.

13.

Signs that revolve or are animated, except public service signs, such as time and temperature units and barber pole.

14.

Signs containing statements, words, symbols, or characters of an obscene nature.

Signs emitting sound.

16.

Murals that contain commercial speech or logos.

17.

Signs located within five feet of a fire hydrant, street sign, or traffic signal.

18.

Can or cabinet signs.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

No sign shall be erected, altered, reconstructed, or relocated without a sign permit. A permit is not required for ordinary maintenance and repairs to signs and for temporary signs on private property that conform to the standards of this chapter. The director will review all applications for sign permits for consistency with this chapter.

B.

Signs that project over or extend into a public street or sidewalk shall also require approval of an encroachment permit by the city engineer pursuant to the provisions of Title 12 of the municipal code.

C.

Consent of the property owner and business owner is required before any sign permit may be approved.

D.

Where permitted per Table 18.56.090, a permanent freestanding sign may extend higher than twenty feet after first securing approval of a conditional use permit in accordance with Chapter 18.80. The height of all proposed freestanding signs shall comply with the Madera County Airport Land Use Compatibility Plan and shall conform with all applicable Federal Aviation Administration requirements.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

A.

The following sign design principles should be used as criteria for review and approval of sign permits and master sign programs.

Architectural Compatibility. A sign, including its supporting structure, if any, should be designed as an integral design element of a building's architecture and be architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures. A sign that covers a window or that spills over "natural" boundaries or architectural features and obliterates parts of upper floors of buildings is detrimental to visual order and will not be permitted. Common indicators of compatibility include quality sign design and construction, proportional size and scale; and use of materials, shapes and colors that complement the building's architectural style and the surrounding environment.

2.

Legibility. The size and proportion of the elements of the sign's message, including logos, letters, icons, and other graphic images, should be selected based on the average distance and average travel speed of the viewer. Sign messages oriented towards pedestrians may be smaller than those oriented towards vehicle drivers. Colors chosen for the sign text and/or graphics should have sufficient contrast with the sign background in order to be easily read during both day and night. Symbols and logos can be used in place of words. Substantial contrast should be provided between the color and materials of the background and the letters or symbols to make the sign easier to read.

3.

Readability. A sign message should be easily recognized and designed in a clear, unambiguous and concise manner, so that a viewer can understand or make sense of what appears on the sign.

4.

Visibility. A sign should be conspicuous and readily distinguishable from its surroundings, so a viewer can easily see the information it communicates.

5.

Placement. Often, a building's architectural details create logical places for signage. Signs should not cover or interrupt architectural details or ornaments of a building's façade. On buildings with a monolithic or plain façade, signs can establish or continue appropriate design rhythm, scale, and proportion. Well-designed and well-located retail signs create visual interest and continuity with other storefronts on the same or adjacent buildings.

6.

Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard, or other material subject to rapid deterioration can only be used for signs that comply with applicable requirements for temporary signs. Fabric signs are restricted to awnings, canopies, flags, and temporary signs.

B.

Sign permits or master sign programs that are determined by the director to be substantially inconsistent with these sign design principles may be denied.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.56.080 - Rules for sign measurement.

A.

For the purposes of this chapter, lot frontage shall be calculated as follows:

1.

If a lot fronts on two streets, both frontages may be used to determine the allowable sign area.

2.

If a lot fronts on three or more streets, the length of only two contiguous sides shall be added together to determine allowable sign area.

B.

The building frontage shall be the building facade in which main customer access is provided to the establishment. A building's frontage is considered continuous if projections or recesses in the building facade do not exceed fifteen feet in any direction. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

C.

The area of an individual sign shall be calculated as follows.

1.

Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics.

2.

Where two faces of a double-faced sign are located two feet or less from one another at all points or located at an interior angle of forty-five degrees or less from one another, the sign area shall be calculated as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double-faced sign are located more than two feet or forty-five degrees from one another, both sign faces shall be counted toward sign area.

3.

On a three-faced sign, where at least one interior angle is forty-five degrees or less, the sign area shall be calculated as the sum of the largest and the smallest face. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces.

4.

Three-Dimensional Signs. The size of signs that consist of, or have attached to them, one or more threedimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall be calculated as the sum of the square footage of the two adjacent sides of the smallest theoretical cube that would encompass the sign.

D.

The height of a sign shall be calculated as follows.

1.

The height of a sign that is not a freestanding sign shall be the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign, including any structural or architectural components of the sign.

2.

The height of a freestanding sign shall be measured as the vertical distance from grade at the edge of the right-of-way along which a freestanding sign is placed to the highest point of the freestanding sign, including any structural or architectural components of the sign. When the grade at the edge of the right-ofway is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the freestanding sign's overall height. Freestanding signs oriented towards a freeway shall be measured from the site's finished grade or pad, whichever is lower.

E.

Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

F.

For the purpose of determining the allowed number and size of signs, an integrated shopping center shall be considered as one site.

==> picture [216 x 161] intentionally omitted <==

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.56.090 - Sign regulations on developed sites by zone district.

For the purpose of this section, signs are grouped into four types: building signs, freestanding signs, temporary building signs, and temporary freestanding signs.

This section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for developed sites based on the zone district in which the signs are located. Table 18.56.090(A) establishes specific regulations by zone district for building signs, and freestanding signs. Table 18.56.090(B) establishes specific regulations by zone district for temporary building signs and temporary freestanding signs. Signs shall not be placed on private property except in conformance with Table 18.56.090(A) and Table 18.56.090(B).

Table 18.56.090(A)

Notes:

1

The height of all proposed freestanding signs shall comply with the Madera County Airport Land Use Compatibility Plan and shall conform with all applicable Federal Aviation Administration requirements.

Table 18.56.090(B)

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 525-25, § 1, 1-14-2025)

A.

The sign standards in Section 18.56.090 are modified in accordance with this section to allow for highwayoriented signs in specified locations along State Highway 99.

B.

This section is only applicable to parcels located in the C-N, C-S, C-H, or MX zones and located adjacent to State Highway 99 east of the Union Pacific Railroad tracks, west of South Fig Tree Blvd, south of Ash Slough, and north of Berenda Slough. Only parcels meeting this zoning and location criteria are allowed an additional highway-oriented sign.

C.

In addition to the signs allowed in Section 18.56.090, parcels allowed to have a highway-oriented sign may, upon issuance of a sign permit, establish a pole sign or a pylon sign consistent with the following standards:

1.

There shall be a maximum of one such sign per parcel.

2.

The sign shall have a maximum of two sides.

3.

Signs shall be consistent with a two to one foot ratio of sign size to sign height.

4.

The maximum size shall be two hundred square feet per side.

The maximum height shall be one hundred feet.

6.

The sign shall be set back a minimum of ten feet from all property lines and rights-of-way.

7.

The sign shall be set back a minimum of forty feet from any residential zone district.

8.

The sign shall be located in a landscaped planter at least three feet wider than the base of the sign on all sides. The planter may encroach into the required minimum setback areas.

D.

In lieu of the single sign allowed in subsection C above, up to six multiple commercial uses that are located on the same parcel or on adjacent parcels may, upon issuance of a sign permit, establish a pylon sign consistent with the following standards:

1.

There shall be a maximum of one such sign per parcel with more than one pole or upright for support.

2.

The sign shall have a maximum of two sides.

3.

The maximum size shall be one hundred forty square feet per commercial use, not to exceed six commercial uses.

4.

The maximum height shall be one hundred feet.

5.

The sign shall be set back a minimum of ten feet from all property lines and rights-of-way.

6.

The sign shall be set back a minimum of eighty feet from any residential zone district.

7.

The sign shall be located in a landscaped planter at least three feet wider than the base of the sign on all sides. The planter may encroach into the required minimum setback areas.

E.

Highway-oriented signs may be internally lit but shall not be externally lit. Signs must be compliant with Chapter 2 of the California Manual on Uniform Traffic Control Devices (MUTCD) which contains guidance for signs on highways and private roads.

(Ord. No. 525-25, § 1, 1-14-2025)

A.

Shopping centers or office complexes with a mix of retail and/or professional office tenants having three to six business establishments and located within the C-N, C-S, C-H, or MX zones may be allowed one additional permanent freestanding or permanent building sign beyond what is allowed in Section 18.56.090 if the sign conforms to the following provisions:

1.

The sign may advertise the name of the center, the tenants in the center, or both the center and tenant names. Tenant advertising on a shopping center sign is not counted as part of the overall sign area permitted by Table 18.56.090(A). Only advertising for businesses located on the shopping center site is allowed.

2.

The sign shall have a maximum of two sides.

3.

The maximum size shall be one hundred square feet per side.

4.

The maximum height shall be twenty-five feet.

5.

The sign shall be set back a minimum of five feet from all property lines and rights-of-way.

6.

The sign shall be set back a minimum of forty feet from any residential zone district.

7.

The sign may be illuminated unless adjacent to residential uses, in which case the community development director may require conditions on the type of illumination to protect against negative effects on the adjacent residential uses. Individual letters and logos may be internally illuminated.

Materials, color, and arrangement of the sign shall be compatible and consistent with the shopping center buildings.

B.

With the adoption of a comprehensive master sign program in accordance with Section 18.56.210, an additional sign that is allowed by subsection A may be eligible for "bonus" sign area greater than allowed in subsection A.

1.

The maximum size of the sign area may be up to two hundred fifty square feet if a permanent copy is included on the shopping center sign that states "City of Chowchilla," "Welcome to Chowchilla," or equivalent language.

2.

The maximum size of the sign area may be up to three hundred square feet, upon approval by the planning commission, if enhanced design features (such as additional landscaping, water features, decorative artwork, seating areas, etc.) are incorporated into the shopping center.

3.

The maximum size of the sign area may be up to three hundred square feet, upon approval of the planning commission if the criteria of both "1" or "2" above are met.

4.

The maximum allowable height of the additional sign may be up to forty feet, upon approval by the planning commission, if the criteria for either "1" or "2" above are met and/or if the shopping center is located on the corner of two arterial streets, as defined in the Chowchilla General Plan.

(Ord. No. 525-25, § 1, 1-14-2025)

18.56.100 - Sign regulations on undeveloped or developing sites.

A.

Undeveloped sites shall be allowed a maximum one temporary freestanding sign of a maximum size of thirty-two square feet. Illumination of the sign is prohibited.

B.

Developing sites, i.e. construction sites, shall be allowed a maximum two temporary freestanding signs of a maximum size of thirty-two square feet each. Illumination is prohibited. Temporary signs that are not visible from any public right-of-way shall not be counted in the maximum number or size of signs.

C.

Residential subdivision sites where ten or more new residences are offered for sale shall be allowed one temporary sign of a maximum size of thirty-two square feet. Illumination of the sign is prohibited. The sign shall not be made or constructed from cloth, bunting, plastic, paper or similar material. The sign may be mounted on a building or may be a freestanding temporary sign of a maximum height of twelve feet. Additional temporary signs, temporary freestanding signs, and flags may be maintained within the boundaries of a residential subdivision provided that they are not visible from outside the residential subdivision and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.56.110 - Offsite temporary signs for residential subdivisions.

A.

Residential subdivision sites where ten or more new residences are offered for sale shall be allowed up to four offsite temporary freestanding signs with a size not to exceed thirty-two square feet and a height not to exceed eight feet per residential subdivision. Signs shall be located on private, non-residential zoned parcels, or on private, residential zoned parcels that are part of an undeveloped residential subdivision (as defined in Section 1[18.56.100] hereof) and that are unoccupied, vacant and otherwise free from any structures or buildings. Signs shall not be made or constructed from cloth, bunting, plastic, paper or similar material. Banners and flags with or without an advertising message shall not be permitted offsite.

B.

In addition to any sign permitted pursuant to subsection A. above, up to four nonilluminated offsite temporary freestanding signs in an A-frame configuration, with a size not to exceed twelve square feet per face or four feet in height, may be permitted per residential subdivision. A-frame signs shall be located on private, non-residential property or on public property behind any existing sidewalks, and in such a manner so as to not to create a safety hazard by obstructing the clear view of, or otherwise hinder or impede, pedestrian and vehicular traffic. A-frame signs may only be displayed during the operating hours for the residential subdivision sales office and shall be located no further than one thousand five hundred feet from the subject residential subdivision entry.

C.

No more than one offsite temporary subdivision sign per parcel shall be allowed.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Flags on flagpoles shall not count toward the maximum sign area.

B.

Flagpoles shall not be located within any required side or rear building setback areas. Flagpoles may be mounted on the ground or on the roof or wall of a building.

C.

The maximum height of a flagpole shall be as follows:

1.

Flagpoles located in a C-N, C-S, C-H, MX, I-L, or I-H zones shall have a maximum height of fifty feet or a maximum height equal to twice the distance from the base of the pole to the closest lot line, to a maximum of one hundred feet, whichever is greater.

2.

Flagpoles located in the R-L, R-M, R-MH, or R-H zones shall have a maximum height of thirty feet, mounted on the ground.

3.

Flagpoles located in the C-N, MX, O, and PF zones shall have a maximum height of fifty feet.

4.

Flagpoles located in the MX-D zone shall have a maximum height of fifty feet or a maximum height of thirty feet plus the height of a building upon which it is mounted, whichever is greater.

D.

The maximum width (hoist) of an individual flag on a ground-mounted or roof-mounted flagpole shall be equal to twenty percent of the height of the flagpole upon which it is located. The maximum length (fly) of an individual shall be twice the allowed width (hoist.)

E.

The maximum width (hoist) of an individual flag on a wall-mounted flagpole shall be a maximum six feet by twelve feet.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Search lights and klieg lights are prohibited, except when used for public safety purposes or when specifically approved with a temporary use permit for a special event.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following signs are allowed in the public right-of-way:

A.

Building signs in the MX-D zone that project into the public right-of-way, provided that the width of the projecting sign is a maximum of three feet, and that the bottom of the sign is seven feet above the sidewalk or finished grade below it.

B.

Building signs located on or under awnings in the MX-D zone that meet the provisions of this chapter.

C.

Temporary freestanding signs placed on the sidewalk in the MX-D zone that meet the provisions of this chapter and when a minimum four-foot wide clear path of travel is provided.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Temporary signs shall require a temporary sign permit.

B.

Temporary freestanding signs in non-residential zones shall not be located:

1.

In any public right-of-way;

2.

In parking lot driving lanes, aisles or spaces;

3.

On multi-use trails or sidewalks if they would block a four-foot wide pedestrian path of travel;

4.

At any location where they would block pedestrian access;

5.

Within one hundred feet on either side, or in front of a permanent freestanding sign;

6.

Within twenty feet from any other temporary freestanding sign; or

Within thirty feet from a drive approach (driveway entrance) or intersection of two streets.

C.

Temporary building signs shall be removed after a period of thirty days. After removal, no temporary building sign may be placed on the site for a period of thirty days.

D.

Temporary freestanding signs placed on a sidewalk in accordance with this chapter shall be only be allowed between one hour before and one hour after the site's establishment is open to the public.

E.

Banners shall not be used as permanent signs.

F.

Banners and feather banners shall be constructed of durable, weather-resistant materials not subject to rapid deterioration or fading and shall be professional in appearance. Acceptable materials include but are not limited to vinyl, nylon reinforced vinyl, polyethylene or polyester- like materials, or durable fabric.

G.

Temporary freestanding signs shall be affixed to supporting structures made of a durable, rigid material such as, without limitation, wood, plastic or metal. Freestanding signs placed on hard surfaces in conformance with this chapter are exempt from this subsection if they have a weight and mass that makes them not inadvertently movable and they do not block a four-foot wide pedestrian path of travel.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs affixed to windows shall not cover more than forty percent of each window. They shall not be counted toward the maximum allowable sign size.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Non-electronic changeable copy shall represent no more than twenty percent of the total allowable sign area. Changeable copy shall not be changed more than once every twenty-four hours.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Electronic copy is allowed as a display medium on freestanding signs in the commercial or mixed use zone districts upon issuance of a conditional use permit, issued pursuant to Chapter 18.80.

B.

Signs with electronic changeable copy shall meet the following standards:

1.

The electronic sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.

2.

The electronic sign face shall be an integral part of the remainder of the sign area.

3.

Electronic copy shall be limited to no more than thirty lumens output, measured at ten feet from the sign face.

4.

No portion of the electronic sign face shall change more frequently than once every six seconds.

5.

The electronic sign shall not emit any audible sound, buzz, or noise.

6.

The electronic sign shall be operative only during the hours of operation of the associated business establishment.

7.

Sign copy or electronic picture displays shall be limited to advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section 18.56.030.

8.

No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.

9.

No display shall create a potential distraction to drivers by virtue of the frequency of changes of images (i.e. the time between images expressed in seconds). The planning commission may impose limitations on the number of images that can be displayed over a specified time period for reasons of traffic safety.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The illumination of signs, from either an internal or external source, must be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:

A.

Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential uses in a direct line of sight to the sign. Illuminated signs located adjacent to any residential area shall be controlled by a rheostat or other acceptable method to reduce glare.

B.

Internally illuminated signs shall be designed with an opaque, semi-opaque, or matte finish background on the sign face.

C.

Light sources for externally illuminated signs shall meet the following standards:

1.

Light sources shall be so arranged and maintained so that the light source is not directly visible from a public right-of-way or adjacent property.

2.

Low pressure sodium lighting is the preferred light source to minimize undesirable light into the night sky.

3.

High pressure sodium, metal halide, fluorescent, quartz, LED, and incandescent light sources shall be fully shielded.

4.

Metal halide and fluorescent light sources shall be filtered. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.

5.

Mercury vapor light sources shall be prohibited.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The purpose of the master sign program provisions is to provide a coordinated and flexible design approach to signage for Chowchilla's commercial shopping districts, industrial districts, and office parks. A master sign program is required for any site that contains more than three commercial establishments

B.

A master sign program shall be reviewed by the director as an administrative use permit. The planning commission shall approve a master sign program when it is proposed with a development project that requires a conditional use permit.

C.

A master sign program shall not be used to grant a special privilege nor provide more visibility or exposure than is available to similarly situated properties.

D.

Master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property.

E.

Reasonable conditions of approval may be imposed to achieve the purposes of this section and ensure internal sign design consistency on the site.

F.

After approval of a master sign program, no sign shall be erected, placed, painted, or maintained, except in conformance with such program, and such program shall be enforced in the same way as any provision in this section.

G.

The master sign program and all conditions of approval shall be attached to the lease agreements for all leasable space subject to the master sign program.

H.

Approval of a master sign program does not waive the permit requirements for individual signs that are subject to the program.

I.

The director may approve minor amendments to a master sign program that are in substantial conformance with the original approval. All other amendments, including amendments to conditions of approval, shall be processed as a new application. Proposed amendments shall include written concurrence by the property owner.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.56.220 - Variances and minor deviations.

A variance or a minor deviation to the standards in this chapter may be granted in accordance with Chapter 18.70 and Chapter 18.84.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.56.230 - Wall mural placement and design criteria.

A.

"Wall mural" or "mural" means an art form consisting of paint applied to a wall surface depicting a scene, personal experience, or observation. A wall mural is to be public art, not for the purpose of identifying, advertising, or drawing attention to a particular business, service, or economic activity.

B.

Words and/or images may not be incorporated within the mural which specifically identifies or reflects the business, products, and/or services provided by any business service or economic activity.

C.

Wall murals must be painted directly onto an exterior wall surface. Wall murals may not be prefabricated

and thereafter mounted onto a building. Wall murals may occupy an entire single wall on which the mural is applied. The wall mural must be architecturally incorporated into the building so that it does not appear to be a sign attached to the building or have the appearance that the structure is ancillary to the mural. The wall mural may not be mounted on the building roof or extend above the cornice of a flat roof or above the roof eave of a gable or mansard roof.

D.

A wall mural must be completed within ninety days after the date painting commences. The final anti-graffiti protective clear-coat must be applied within this ninety-day period. Time extensions may be granted by the director in thirty-day increments up to a maximum of sixty days upon a showing of good cause.

E.

Wall murals shall not be illuminated unless such lighting is incidentally and indirectly illuminated from surrounding street and building lighting.

F.

Maintenance of the wall mural is the responsibility of the property owner. It shall be the property owner's responsibility to remove the wall mural if it is not maintained as required. Proper maintenance shall include periodic painting so that the wall mural does not exhibit chipping, pealing, or fading and other required maintenance as identified in conditions of approval issued by the director. Wall murals not maintained as required shall be deemed a nuisance. In addition to its other remedies, the city shall have the right to

require removal of the wall mural and if the wall mural is not removed within the time period designated by the city, the city shall have the right to remove the wall mural at the property owner's expense.

G.

No person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a wall mural permit issued by the city council. An application for a wall mural permit shall be submitted on the form prescribed by the director and shall include a colored detailed drawing or sketch of the mural plus any other information as prescribed on the application form. The application must be made by the owner of the structure or include the written consent of the owner of the structure consenting to the painting of the wall mural on the structure consistent with the mural identified in the application.

H.

Design Criteria. An application for a wall mural permit must satisfy the following criteria:

1.

The paint and/or materials to be used and applied on the structure shall be appropriate for use in an outdoor locale for an artistic rendition and shall be of a permanent or long-lasting variety.

2.

The proposed wall mural shall exhibit exceptional design quality and incorporate high quality materials that enhance the overall development and appearance of the site.

3.

The proposed wall mural shall be well integrated with the buildings and other elements of the property and be harmonious with surrounding character.

4.

The proposed wall mural, by its design, construction, and location, shall not have a substantial adverse effect on abutting property or the permitted use thereof, and will contribute to the city's unique character and quality of life.

5.

The wall mural shall be designed and painted by, or supervised by, someone with sufficient knowledge in the design of such projects and the application of paints for such projects.

6.

To the extent feasible, the mural shall be vandal and graffiti resistant.

I.

The city council shall identify conditions of approval to the issuance of a wall mural permit.

J.

As a condition of approval of any wall mural permit, the applicant, the owner of the structure, and the artist shall agree pursuant to language prepared by the city to indemnify, defend, and hold the city of Chowchilla its officials, officers, employees, and agents harmless from and against any and all damages or liabilities of whatever nature arising out of or in connection with the wall mural.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A sign or outdoor advertising display of any character lawfully occupying a site prior to the adoption of this zoning code or on the effective date of applicable amendments to the zoning code that, as a result of the adoption or amendment to the zoning code, does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure and may be displayed and maintained in said district, except as otherwise provided in this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.56.250 - Maintenance of signs.

A.

All signs and associated supporting structures shall be maintained in like-new condition, without rips, tears, fading, and similar damage that inevitably occurs as a result of normal wear and aging.

B.

All signs shall be reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

C.

Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, ripped, torn, faded, or other deteriorating or dilapidated condition shall be promptly repaired to the satisfaction of the city or removed.

D.

Graffiti on a sign shall be removed within two days of notice of its placement on such sign.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the same may be removed by city personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

An on-premises sign advertising an activity, business, service, or product must be removed within sixty days following the actual discontinuance of the activity, business, service, or product. If the sign is not so removed, the director may have the sign removed in accordance with the public nuisance abatement provisions of this title. A sign structure is not required to be removed, however, the sign face shall be removed or replaced with a blank face or other sign face consistent with this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Any sign, banner, or sign structure not erected, constructed, or located in conformance with this chapter and not classified as a legal nonconforming sign is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures of Chapter 18.94.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Signs which do not conform to the provisions of this chapter and are erected after its effective date and signs erected after the effective date of this chapter without obtaining a permit that is required are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this chapter and all persons erecting or maintaining them shall be subject to the provisions of Chapter 18.94. The director shall take necessary actions or proceedings for the abatement, removal and enjoinment pursuant to Chapter 18.94. The remedies provided for in this section are cumulative and nonexclusive.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

As used in this chapter, the following terms are defined in this section. The images are intended to illustrate some of the sign types that are defined in this section.

"A-Frame sign" means a sign made of wood, plastic or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable.

"Animated sign" means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.

"Awning" means a shelter supported entirely from the exterior wall of a building and composed of a collapsible frame covered completely with nonrigid material.

"Banner" means any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. This definition includes a pennant, flag, or bunting.

"Billboard" means a sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located.

"Business premises" means a specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location.

"Can or cabinet sign" means a sign that contains all the text and/or logo symbols within a single enclosed box-shaped cabinet where the translucent face of the sign can be interchanged to change the sign message without having to remodel the cabinet. It is mounted to a wall or other surface and illuminated from within the cabinet.

"Changeable copy" refers to the display of a message that can change by means of moveable letters, slats, lights, light emitting diodes, or moveable background material.

"Erect" means and includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain and display.

"Externally illuminated sign" means a sign which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign.

"Flag" is a form of "banner" that is mounted and displayed outdoors on a pole.

"Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs.

"Frontage, building" means the distance between the two most distant corners of a building measured in a straight line along the building face.

"Frontage, street" means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections.

"Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured.

"Install" or "installation" means the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface.

"Internally illuminated sign" means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign.

"Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include monocolor paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements.

"Monument sign" means a low-profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side.

"Mural" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters.

"Off-site" or "off-site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other.

"On-site" or "on-site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located.

"Outdoor advertising" refers to the placement of a message on signs or banners located outdoors or located indoors in a manner such that the message is visible from the exterior of a building or structure.

"Outdoor advertising structure" means a structure erected or maintained for the main purpose displaying commercial outdoor advertising and located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced.

"Outdoors" means a location on undeveloped property or to the exterior of a building or structure.

"Painted sign" refers to a sign that comprises only paint applied on a building or structure.

"Parapet wall" means an exterior wall which extends vertically above the roof line.

"Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the county tax assessor or as defined in the glossary of this code.

"Pedestrian access" means a doorway which has been designed for the primary use of the patrons or customers of that particular use.

"Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign."

"Placed" includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever.

"Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components.

"Roof line" means the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or raised portions of the roof.

"Rooftop or roof-mounted sign" means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. Rooftop or roof-mounted signs are not allowed.

"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever.

"Sign area" means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other sign media. For the purposes of a freestanding sign the structural elements necessary to support the sign are included in the sign area.

"Sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.

"Sign face" means the panel surface of a sign which carries the advertising, information, or identification message.

"Sign structure" means any structure which supports or is capable of supporting any sign. A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign.

"Structural alteration" means any change to the sign structure.

"Temporary sign" means a sign that is easily moveable, and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.58 - HOUSING DENSITY BONUS AND OTHER INCENTIVES

18.58.010 - Purpose.

The purpose and intent of this section is to implement State Density Bonus Law, Chapter 4.3 Density Bonuses and Other Incentives, Section 65915 et seq., of the California Government Code for the development of affordable housing and senior housing developments, which are incorporated herein by this reference.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

This chapter shall apply to residential projects providing moderate, low and very low income housing and/or senior housing developments, provision of daycare facilities, donations of land, and other housing types pursuant to the provisions and definitions of Chapter 4.3, Section 65915 et seq., of the California Government Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.58.030 - Density bonus requirements.

A.

An applicant for a "housing development" as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

B.

The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

C.

All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the community development director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

D.

All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Chapter 18.70 of the Chowchilla Municipal Code shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

E.

To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

a.

The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).

b.

If applicable, the housing development provides the housing required by State Density Bonus Law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

c.

If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

d.

If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

e.

The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

f.

If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

g.

If the density bonus or incentive is based all or in part on the inclusion of a childcare facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

F.

The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

a.

The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

b.

The proposed incentive would be contrary to state or federal law; or

c.

The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that

the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

G.

The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

a.

The proposed waiver would be contrary to state or federal law; or

b.

The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

c.

The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

H.

If a childcare center complies with the requirements of Government Code Section 65915(h), the decisionmaking body may deny a density bonus or incentive that is based on the provision of childcare facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate childcare facilities.

I.

A request for minor modification of an approved density bonus housing plan may be granted by the city administrator, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A.

Application Requirements. The application shall include the required fee and the following minimum information:

For a requested density bonus.

a.

Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

b.

Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

c.

Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

d.

A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

e.

The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

f.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

g.

If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

h.

The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

i.

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.

2.

Requested incentives. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):

a.

The city's usual regulation and the requested regulatory incentive or concession.

b.

Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

c.

If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

d.

Requested waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel, the city's required development standard and the requested development standard.

e.

Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

f.

Density bonus or incentive for a childcare facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

g.

Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

B.

Density Bonus/Incentives Review. Density bonus/incentive review by the planning commission shall only be required for projects involving planning commission approval. If no legislative entitlement is required, the community development department staff shall have final approval authority on density bonus and incentives. Appeals of a planning commission decision must be in accordance with Chapter 18.70 of the Chowchilla Municipal Code. If a rezone or general plan amendment is part of the project, the planning

commission shall make a recommendation on the density bonus and incentives request but the city council shall have final approval authority as part of the total project. Any special conditions of the city zoning ordinance pertaining to the project, and/or applicable development standards of the downtown area shall also apply.

C.

Regulatory Agreement. The city and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, state law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the Madera County recorder's office running with the land and be binding upon all future owners, developers, and/or successors-in-interest. The regulatory agreement shall be recorded prior to the approval of a final map, or, where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of moderate income units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall include at least the following:

1.

The total number of units approved for the housing development, including the number of target units;

2.

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing costs;

3.

The location, unit sizes, in square feet, and number of bedrooms of target units;

Tenure of use restrictions for target units of at least ten or thirty years, in compliance with applicable laws;

5.

A schedule for completion and occupancy of target units;

6.

A description of the additional incentive(s) being provided by the city;

7.

A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project; and

8.

Other provisions to ensure implementation and compliance with this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A.

In addition, reasonable conditions may be imposed to assure continued availability of such housing as very low, low or moderate income housing, or, for senior housing developments as defined in Civil Code Sections 51.3 and 51.12.

B.

Those units targeted for low-income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for low-income households for the county adjusted for household size.

C.

Those units targeted for very low-income households shall be affordable at a rent that does not exceed current HUD income limits for very low-income households in the county adjusted for household size.

D.

The owner(s) shall maintain and keep on file documentation for the income level for each tenant occupying the target units.

E.

The owner(s) shall provide the city any additional information required by the city to ensure the longterm affordability of the target units by eligible households.

F.

The city shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

G.

The city may establish fees associated with the setting up and monitoring of target units.

H.

All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.58.060 - Density bonus calculations.

A.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B.

When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C.

Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

D.

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

E.

Nothing in this chapter requires the provision of direct financial incentives from the city for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A.

Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

B.

To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this ordinance include successor provisions.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Chapter 18.60 - SPECIFIC LAND USE STANDARDS

This section requires certain development and operational standards for specific land uses within the city to preserve, protect and promote the public health and safety and to promote orderly growth and aesthetically pleasing urban development.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.030 - Accessory dwelling units.

A.

Purpose and Applicability. The purpose of this section is to establish the regulations and procedures for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with

Government Code Section 66310—66342 (Accessory Dwelling Units). The standards included in this section are applicable to all lots that are zoned to allow residential uses.

B.

Application Process.

1.

Permit required. A building permit is required for ADUs.

2.

Submittal requirements. The complete building permit application shall be submitted to the building division on an application prepared by the building official and shall include the submittal requirements. Fees for an ADU shall be established by the city council and shall be, but not be limited to, building plan check fees, building permit fees, and state mandated fees related to the issuance of building permits.

3.

Review and approval. A building permit for an ADU shall be considered and approved ministerially without discretionary review or hearing, notwithstanding Sections 65901 or 65906 of the Government Code or any local ordinance regulating the issuance of variance or special use permits.

4.

Processing time. The city shall approve or deny an application to create an ADU within sixty days from the date the city receives a complete application.

a.

Exceptions.

i.

If the permit to create an ADU is concurrently submitted with a permit to create a single-family dwelling, the city shall not approve or deny the permit for the ADU until the city approves or denies the permit for the single-family dwelling.

ii.

If the applicant requests a delay, then the sixty-day timeframe shall be tolled for the period of the delay.

5.

Remediation. Should the permit application to create an ADU be denied, the city shall, within sixty days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

C.

Types and Number of ADUs Permitted Per Lot.

1.

Lots with a single-family dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and contains an existing or proposed single-family dwelling.

a.

One ADU that is attached to an existing or proposed primary dwelling. Attached ADUs may be new construction or internal conversion of an existing area or structure, including attached garages, storage areas, accessory structures, or similar uses.

b.

One ADU that is detached from but on the same lot as an existing or proposed primary dwelling. Detached ADUs may be new construction or internal conversion of an existing area or structure, including detached garages, storage areas, accessory structures, or similar uses.

c.

One Junior ADU that is contained entirely within the walls of an existing or proposed single-family residence, including attached garages, is no more than five hundred square feet in size, that may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2.

Lots with a multi-family dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and contains an existing or proposed multi-family dwelling.

a.

Internal Conversion ADUs.

i.

At least one interior ADU conversion within portions of an existing multi-family dwelling that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, and up to twenty-five percent of the total number of dwelling units on lots with an existing multifamily dwelling.

b.

Detached ADUs.

i.

On a lot with an existing multi-family dwelling, up to eight detached ADUs, not to exceed the number of existing units on the lot.

ii.

On a lot with a proposed multi-family dwelling, not more than two detached ADUs.

D.

Development and design standards.

1.

Attached ADUs.

a.

Size. The maximum floor area of an attached ADU shall not exceed fifty percent of the floor area of the existing primary dwelling or one thousand two hundred square feet, whichever is less.

b.

Height. The maximum height of an attached ADU shall not exceed the height of the existing single-family or multi-family dwelling, or twenty-five feet, whichever is less.

c.

Setbacks. Attached ADUs shall meet the following minimum setbacks.

i.

Front yard: As established in the applicable zone district.

ii.

Side yard: Four feet.

iii.

Rear yard: Four feet.

d.

Access. For an attached ADU, a separate exterior entrance independent of the primary dwelling shall be provided.

2.

Detached ADUs.

a.

Size. The maximum floor area of a detached ADU shall not exceed one thousand two hundred square feet except for new construction, detached ADUs on multifamily properties developed pursuant to Government Code section 66323, subdivision (a)(4).

b.

Height. The maximum height of a detached ADU is as follows:

i.

Sixteen feet if the lot has an existing or proposed single-story dwelling.

ii.

Eighteen feet if the lot is within one-half mile walking distance of a major transit stop or high-quality transit corridor, as defined in Section 21155 of the Public Resources Code. The maximum height may be increased by an additional two feet, to twenty feet maximum, for the purpose of accommodating roof pitch with the primary dwelling.

iii.

Eighteen feet if the lot has an existing or proposed multi-family, multi-story dwelling.

c.

Setbacks. Detached ADUs shall meet the following minimum setbacks:

i.

Front yard: As established in the applicable zone district, provided the setbacks do not preclude the construction of an ADU that meets the provisions of Section 66323 of the Government Code.

ii.

Side yard: Four feet.

iii.

Rear yard: Four feet.

3.

Internal Conversion ADUs.

a.

Size. Same as the size of the space being converted. The size may be increased by an additional one hundred fifty square feet to accommodating entering and exiting the ADU.

b.

Height. Same as the height of the space being converted.

c.

Setbacks. If the ADU is constructed in the same location and to the same dimensions as the existing structure, then the ADU shall maintain the same setbacks as the existing structure or minimum setbacks of

four feet from the side and rear yards, whichever is less.

d.

Access. For internal conversion ADUs on single-family lots, exterior access from the proposed or existing dwelling shall be provided.

4.

Junior ADUs.

a.

Size. No more than 500 square feet, contained entirely within the walls of the proposed or existing singlefamily residence including attached garages.

b.

Access.

i.

The Junior ADU shall provide separate entrance from the main entrance to the proposed or existing singlefamily dwelling.

ii.

If a permitted Junior ADU does not include a separate bathroom, the permitted Junior ADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

c.

Owner Occupancy.

i.

Owner-occupancy in the single-family residence in which the Junior ADU will be permitted is required. The owner may reside in either the remaining portion of the structure or the newly created Junior ADU.

ii.

Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

d.

Deed Restriction.

i.

The recordation of a deed restriction, which shall run with the land, shall be filed with the permitted agency and shall include both of the following:

(1)

A prohibition on the sale of the Junior ADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(2)

A restriction on the size and attributes of the Junior ADU that conforms with this chapter.

e.

Efficiency Kitchen. The Junior ADU shall include an efficiency kitchen which shall include all the following:

i.

A cooking facility with appliances.

ii.

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.

E.

Other requirements.

a.

Architectural Appearance. ADUs shall have the same exterior color, finish materials, and roof form as the primary dwelling. These standards are not applicable to ADUs that meets the provisions of Section 66323 of the Government Code.

b.

Rental Terms. Rentals must be for terms longer than thirty days.

c.

Separate Conveyance. ADUs may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Sections 66340—66342.

d.

Parking standards.

i.

Minimum required space. Each ADU shall provide a minimum of one parking space per unit or bedroom, whichever is less, except in any instance where parking for the ADU is not required by State Law (See Exceptions). The required parking space(s) may be provided as tandem parking on an existing driveway and in setback areas.

ii.

Parking replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with an ADU, there shall be no requirement to replace the off-street parking spaces.

iii.

Exceptions. No parking shall be required for ADUs in any of the following instances:

1.

Where the ADU is located within one-half mile walking distance of public transit.

2.

Where the ADU is located with an architecturally and historically significant historic district.

3.

Where the ADU is part of the proposed or existing primary residence or an accessory structure.

4.

When on-street parking permits are required but not offered to the occupant of the ADU.

5.

When there is a car share vehicle located within one block of the ADU.

6.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other exception criteria listed above.

7.

When the ADU meets the provisions of Section 66323 of the Government Code.

e.

Utility services. ADUs shall be provided with water, sewer and other utilities as determined by the building official.

f.

Fire Sprinklers.

i.

Installation of fire sprinklers shall be required for ADUs only when sprinklers are required by building codes for the existing primary residence.

ii.

The construction of an ADU shall not trigger a requirement for fire sprinklers for the primary residence.

iii.

If a primary dwelling currently does not have fire sprinklers, and an attached ADU is proposed which would trigger fire sprinkler requirements due to the increase in livable space, that requirement shall not be imposed upon the primary dwelling unit.

g.

Fees.

i.

Connection Fees and Capacity Charges. ADUs shall not be considered as a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer services, unless the ADU is constructed concurrently with a new single-family home.

ii.

Impact Fees:

1.

Impact fees shall not be imposed on an ADU that is less than seven hundred fifty square feet.

2.

For ADUs seven hundred fifty square feet or larger, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.60.040 - Adult entertainment establishments.

See Chapter 18.62.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.050 - Bed and breakfast inns.

A.

Bed and breakfast inns shall be limited to a maximum six rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen consecutive nights;

B.

Food service at bed and breakfast inns shall be allowed for registered guests only, unless the use also qualifies as a restaurant.

C.

The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Cottage foods operations operating in accordance with AB1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 18.78 prior to commencement of the use.

B.

Notwithstanding the provisions of Chapter 18.78, a cottage food operation is allowed to employ one fulltime equivalent employee on site.

C.

Notwithstanding the provisions of Chapter 18.78, a cottage food operation may sell food produced on-site directly to consumers at the site.

D.

A cottage food operation shall be conducted in the residence's existing kitchen.

E.

An approved home occupation permit shall not be effective until the appropriate permit is obtained from the Madera County Health Department and shall automatically expire and be null and void if county permit or approval expires, is disapproved, or is revoked.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.070 - Daycare facilities.

A.

A loading and unloading area shall be provided to accommodate no less than two vehicles.

B.

The loading and unloading area shall be located within proximity to the main entrance, and shall not be located on the opposite side of a street from the daycare center.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.080 - Drive-thru pick-up windows.

A.

All uses with a drive-thru pick-up window shall meet the following standards unless otherwise allowed by a conditional use permit issued in accordance with Chapter 18.80:

1.

Drive-thru lanes shall be located outside of all building setback areas and all required landscaped

2.

Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.

3.

Drive-thru lanes shall be located a minimum of one hundred fifty feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.

4.

Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into the on-site parking aisles or public streets.

5.

Drive-thru lanes shall be shielded in a manner approved by the city to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.

6.

The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.

7.

Drive-thru lanes shall not be located adjacent to outdoor patio or eating areas.

8.

Drive-thru lanes shall not block or interfere with access to parking lot spaces and shall function independent of parking lots aisles.

9.

Drive-thru lanes shall not extend onto adjoining property unless the owner of the drive-thru site property obtains a written easement or other irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use including, without limitations, the stacking of vehicles and the right to maintain, repair, replace, and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to commencement of construction of improvements upon the drive-thru site property.

10.

A use with a single drive-thru lane shall accommodate a minimum of six vehicle stacking spaces per lane with a minimum of four stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of twenty feet in length. Uses known or anticipated to require additional stacking spaces may be required to provide more than the minimum by the director.

11.

A use with drive-thru lanes on each side of the use (two lanes) shall accommodate a minimum of four vehicle stacking spaces per lane with a minimum of two stacking spaces before the ordering speaker and two stacking spaces after the ordering speaker in each drive-thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of twenty feet in length.

12.

Speaker noise levels measured at the property line shall not exceed applicable city noise standards.

B.

In addition to the development standards for all uses with drive-thru pick-up windows uses, a restaurant with a drive-thru pick-up window shall be located on a parcel at least one-half acre in size or in a group of adjoining parcels with reciprocal access easements that collectively are equal to or greater than one-half acre in size.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.090 - Garage or yard sales.

A.

The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-L, R-M, R- MH, or R-H zone district shall be limited to no more than three such sales per year. Commonly referred to

as garage or yard sales, each sale shall be limited to three consecutive days and unsold possessions shall be removed from the public view and stored within the premises.

B.

Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the resale.

C.

The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including removal of all signs.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:

A.

No manufactured home shall be installed that was manufactured more than ten years from the date of application for a building permit for installation.

B.

All manufactured homes shall meet the following site or architectural standards:

1.

Garages and Carports. A minimum of a one-car garage or carport shall be provided for every manufactured house. The parking requirements of Chapter 18.54 shall also apply.

2.

Minimum Width and Floor Area. The width and floor area of a manufactured housing unit shall be the average of other residences in the zone district in which it is located.

3.

Roof Overhangs. All manufactured housing units and garages shall have a pitched roof with a sixteen-inch roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

4.

Roofing Materials. All manufactured housing units and garages and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate or built-up asphaltic-gravel materials.

5.

Siding Materials. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

6.

Foundations. All manufactured housing units and garages and carports shall be placed on a permanent foundation which meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

7.

Utility connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the manufactured homes.

8.

Deviations. The director may approve deviations from one or more of the standards of this subsection on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

C.

Surrender of Registration. Subsequent to applying for a building permit, and prior to the occupancy of a mobilehome or manufactured home on a permanent foundation, a certification of occupancy is to be issued by the building official pursuant to Section 18551 of the State Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership, and certificate of registration issued by a state agency shall be surrendered back to the issuing state agency. Any mobile/manufactured home on a permanent foundation shall bear a state insignia or federal label pursuant to Section 18550 of the State Health and Safety Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A mini-warehouse or self-storage facility in the R-M zone shall only be located on a parcel that has frontage on and adequate main access to an arterial or collector street, as they are designated in the general plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Mobile food vendor(s) are allowed only within zoning districts identified in Chapter 18.08 as administrative uses or temporary uses. The application for a mobile food vendors shall be processed as an administrative use permit as provided in Chapter 18.74 or as a temporary use permit as provided in Chapter 18.76 and issued by the director of community and economic development. The application for the mobile food vendor shall be accompanied by a filing fee established by the city council. The conditions of this section shall be made a part of the issuance of either the administrative use permit or temporary use permit to operate as a mobile food vendor.

B.

Mobile food vendor(s) shall be permitted to operate in all commercial, industrial, and public facility zones within the city with valid approval and issuance of applicable permits and payments of required fees, including, but not limited to, administrative use permits, temporary use permits, and special event permits.

C.

General Provisions.

1.

Noise and amplified music shall comply with all applicable noise standards.

2.

The sale of alcohol and tobacco products shall be prohibited.

3.

Free-standing signs, such as A-frame signs and sidewalk signs, shall comply with Chapter 18.56 signs. Signs attached to the mobile food vendor vehicle are exempt from Chapter 18.56.

4.

Extension cords and cables shall be of a grounded-type and approved for outdoor use. Extension cords shall not be frayed, worn, or in pedestrian traffic areas unless they are secured. Cables in pedestrian traffic areas must also be encapsulated in cable ramps. All electrical power shall be in locations free from potential water intrusion and not located near gutters or storm drains.

5.

A 2A10BC fire extinguisher shall be maintained inside any enclosed mobile food facility in accordance with California Fire Code established by the state fire marshal as set forth in the Title 24 of the California Code of Regulations.

6.

Any use of water from a rented location must not be permanently attached. All hose bibs shall be considered temporary and have a backflow preventer. Any hoses in pedestrian traffic areas must be secured and encapsulated in a hose ramp.

7.

Clean-up shall be by dry method only, such as 'brooming' or sweeping. No water hose shall be used for clean-up purposes.

8.

Mobile food vendors may not operate on city-owned property, including city parks, without prior written authorization from the city.

9.

The site upon which a mobile food vendor is located, including but not limited to, pedestrian traffic areas, parking areas, waiting areas, and parking areas, must be paved.

D.

Validity of Administrative Use Permit. Administrative use permits issued to mobile food vendors will be valid for one calendar year from the date of approval. Permittees may apply for a new administrative use permit, no sooner than ninety days prior to the expiration of their current administrative use permit.

E.

Validity of Temporary Use Permit. Temporary use permits for the operation of mobile food vendors shall only be valid for the duration of an approved event or as otherwise provided for within the temporary use permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 519-24, § 5(Exh. A), 2-13-2024)

A.

No mobilehome shall be parked, occupied or used for any purposes, including without limitation living or sleeping purposes, unless the mobilehome is located within a licensed mobilehome park, except that a mobilehome may be used for the following temporary purposes outside of a mobilehome park: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 18.76.

B.

The site area standards for a mobilehome park shall be as follows:

1.

The minimum area of a mobilehome park shall be five acres. If the area of the mobilehome park is greater than five acres, the first phase of mobilehome park development shall not be less than five acres and shall include all required recreational and service amenities.

The maximum density shall be eight mobilehome sites per gross acre.

3.

Each mobilehome site shall be not less than three thousand square feet in area, including pad, parking, private access, landscaping and private storage area.

4.

No mobilehome site shall be less than thirty feet in width.

C.

The following clearance and setback area requirements shall apply to mobilehome parks. No mobilehome shall be located in any required building setback area, except that tow bars may extend into such setback area.

1.

The front and rear building setback areas for the site shall be a minimum of twenty feet.

2.

The side building setback areas for the site shall be a minimum of ten feet.

3.

The front, rear, and interior side setback areas for a mobilehome site shall be a minimum of ten feet.

4.

The street side setback areas (including driveways interior to the site) for a mobilehome site shall be a minimum of five feet.

D.

The following requirements for patios and pads shall apply to mobilehome parks.

1.

Each mobilehome site shall have a hard-surfaced patio area of not less than two hundred square feet. A permanent porch greater than twenty square feet in area may be counted as a part of the required patio area.

2.

Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, are adequate to support the mobilehome on a level plane.

E.

The following requirements for parking shall apply to mobilehome parks.

1.

Not less than two off-street paved parking spaces shall be provided within each mobilehome site, one of which may be tandem to the other.

2.

Not less than one guest parking space shall be provided for each mobilehome site at a location central to each four contiguous mobilehome sites; provided, however, guest parking shall not be required for mobilehome sites along a mobilehome park collector street constructed to the width prescribed in subsection E of this section.

3.

Parking shall be provided for central recreation buildings, park offices, and other similar buildings at a ratio of one parking space for each four hundred square feet of gross floor space.

4.

Supplemental parking for pleasure boats, recreation vehicles, and unoccupied travel trailers shall be provided at a ratio of one parking space for each ten mobilehome sites and shall be used only by the mobilehome park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.

5.

All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 18.54.

F.

The following requirements for on-site streets shall apply to mobilehome parks.

1.

Entrance streets shall be located to assure safe access to and from the public street system.

2.

Minor streets within the mobilehome park shall be a minimum of thirty-two feet of paved width, and collector streets shall be a minimum of forty feet of paved width. Construction and paving of the streets shall be in accordance with city standards.

3.

Drainage along the street shall be constructed to provide adequate drainage. Construction of concrete curbs, gutters, and sidewalks shall be in accordance with city standards.

Parallel parking shall be permitted on both sides of collector streets and on only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.

G.

Driveways for individual mobilehome sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the city engineer and in accordance with city standards.

H.

All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. A community television antenna and cable television with underground ducts and connections to each mobilehome site shall be provided.

I.

The following requirements for recreation areas and pedestrian ways shall apply to mobilehome parks.

1.

Common recreation areas in an aggregate total equal to ten percent of the gross area of the mobilehome park shall be provided at a location or locations which are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.

2.

Recreation areas shall be landscaped and maintained with all landscaped areas irrigated by an automatic underground sprinkler system.

3.

Pedestrian walkways shall be provided throughout the mobilehome park connecting all mobilehome sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.

4.

Common recreation areas may include parks and open space, playgrounds, clubhouses, community centers, and similar recreational uses.

J.

Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:

1.

A landscaped border along the front setback area and along the rear setback area if it is adjacent to a public street;

2.

An ornamental wall or fencing, seven feet in height along all interior side property lines and along all rear property lines that do not abut a public street; and

3.

An ornamental screen wall or fencing seven feet in height along the street side yard and street front yard setback lines.

K.

Each mobilehome park shall provide the following additional facilities:

1.

A laundry building for clothes washing and drying;

2.

Trash enclosures at locations along the interior street system and integrated with the guest parking areas and which are convenient for all residents and for access by municipal refuse trucks.

L.

At the time of the placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads and undercarriage equipment.

M.

Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of model homes within a residential subdivision, provided such mobilehomes are not sold for delivery to any location other than within the park in which sold and are at all times placed on mobilehome sites and connected to all utility services. No more than four mobilehomes shall be offered for sale at any one time, and advertising for such sales shall be limited to one non- illuminated sign not exceeding four square feet in area on the site of each mobilehome offered for sale.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in certain commercial zone districts.

B.

The following definitions shall apply to this section:

1.

"Outdoor dining area" means the use of portions of public sidewalks, public rights-of-way and common sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass through window and sidewalk counter service is also allowed when an outdoor dining area is provided pursuant to this section.

2.

"Dining establishment" means a structure whose principal use is the serving of food to the general public, including, without limitation, a restaurant, candy shop, ice cream shop, bakery, sandwich shop, coffee show/house, delicatessen, pizza parlor, hotdog/hamburger/taco/salad bar stand and the like and where the sale of any alcoholic beverage is an accessory use.

3.

"Drinking establishment" means a structure whose primary use is the serving of alcoholic beverages to the general public and the serving of food is an accessory use.

C.

Where Permissible. All outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section on-site open space areas may also be used as an outdoor dining area.

1.

Outdoor dining enclosures need to enclose the entire outdoor café area, leaving required exit width accommodations for occupancy of facility.

2.

Take-out establishments, where food is purchased inside the building, may have unscreened outdoor dining areas, provided that forty-eight inches of clear space is maintained at all times for pedestrian movement. Street signage, furniture, and landscaping shall not encroach in this forty-eight inches clear space.

3.

Outdoor dining behind or to the side of a building is permitted. Outdoor spaces should be buffered from parking areas or drive aisles by low walls, landscaping, or other features to clearly define the edges of the space. There outdoor spaces should be accessed from the building they serve.

D.

Required Sidewalk Width. Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four consecutive feet of sidewalk width at every point in front of the dining establishment which is clear and unimpeded for pedestrian and wheelchair traffic.

E.

Alcoholic Beverages. The service of alcoholic beverages and its consumption by customers in an outdoor dining area shall be restricted as follows:

1.

The outdoor dining area must be immediately adjacent to and abutting the dining establishment or drinking establishment.

2.

The outdoor dining area, when serving alcohol and when permitted by this section to be located on a sidewalk, must be clearly delineated from pedestrian traffic with a minimum thirty-inch to a maximum thirtysix-inch tall removable open style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the dining establishment.

3.

The operator shall post a written notice to customers as approved by the city which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.

4.

The service of the alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.

F.

Health Standards. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the Madera County Health Department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.

G.

Hours of Operation. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment, or drinking establishment, or the hours of operation set by the alcohol beverage control license if alcohol is served, whichever is more restrictive.

H.

Special Closures. The city shall have the right at any time, and from time to time to prohibit the use of the public sidewalk and public right-of-way as an outdoor dining area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, marches, repairs to the street or sidewalk, or from emergencies occurring in the area.

I.

Permit Issuance, Findings, and Conditions. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the director. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 18.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the city council and an accurate drawing showing the configuration of the outdoor dining area, including without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:

1.

The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.

2.

An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.

3.

The applicant shall execute an indemnity agreement in a form provided by the city pursuant to which the applicant agrees to indemnify, defend and hold the city and its officials, officers, employees and agents harmless from any and all claims, damages, costs, including reasonable attorney fees, and losses arising from, or in any way related to the applicant's operation of the outdoor dining area.

4.

If any portion of the outdoor dining area is located in the public sidewalk or public right-of-way, the applicant shall maintain, at all times during which the outdoor dining permit is in effect, a policy of general comprehensive liability insurance with limits as approved by the city and insuring against injury or death of a person and for claims of property damage resulting from the applicant's use of its outdoor dining area. The city and its officials, officers, employees and agents shall be named as additional insured under such insurance policy, and the applicant shall cause its insurer to waive the right of subrogation with respect to the city and its officials, officers, employees, and agent. The applicant will deliver to the city endorsements to the applicant's insurance policy as evidence of the satisfaction of these insurance requirements.

5.

Such other conditions as the city may deem necessary, including, without limitation, conditions to ensure the public safety, to protect public improvements and provide aesthetic improvements.

6.

No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.

J.

All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Umbrellas must be secured with a minimum base of not less than sixty pounds.

K.

Term. An outdoor dining permit is personal to the applicant and may not be transferred, assigned or conveyed to any other person. An outdoor dining permit shall terminate on the date the applicant no longer operates the outdoor dining area or discontinues the use of the outdoor dining area for a continuous twelve-month period. If a dispute arises as to the date of termination, the decision of the city as to the date of termination shall be final and binding upon the applicant.

L.

Violation/Revocation. The director shall provide written notice to an applicant of any violation of its outdoor dining permit. Such written notice shall identify the violations of the outdoor dining permit and any provisions of this section. The applicant shall have seven days from the date of such written notice to cure the violations identified in the written notice. If the violations are not cured to the satisfaction of the community and economic development department within said seven-day period, the applicant's outdoor dining permit shall automatically terminate without further action by the city and the applicant shall immediately discontinue use of the outdoor dining area. If the city, in its sole discretion, determines that the continued operation of an outdoor dining area is an immediate threat to the health or safety of any citizen of the city, the community development department may immediately, and without written notice and opportunity to cure, revoke an outdoor dining permit. If an outdoor dining permit is terminated or revoked, the city shall not process an application for an outdoor dining permit for that same manager/owner of the premises for a period of six months from the date of termination or revocation.

M.

Appeal Procedures. A decision of the director pertaining to the outdoor dining application or permit may be appealed in accordance with the provisions of Chapter 18.70.

N.

Enforcement. The director, code enforcement officer, police department or other person authorized by the city administrator, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Outdoor storage of materials or equipment that occupies a volume of more than sixty cubic feet and is visible from any abutting public street or abuts property used for residential purposes, meet the following

standards. This section does not apply to temporary storage, such as storage during construction.

A.

Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six feet in height and shall be of view-obscuring construction. The fence or wall shall consist of wrought iron, tubular steel, vinyl coated chain-link or similar material. The use of galvanized chain-link or wood fence material is not allowed, especially adjacent to streets. Chain-link with vinyl slats for screening purposes is not permitted.

B.

Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This subsection shall not apply to a junk yard, wrecking yard, or salvage facility.

C.

No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.160 - Recycling collection facilities.

A.

Small and large collection recycling facilities shall meet the following standards:

1.

Recyclable materials shall be stored in a permanent structure on a foundation (temporary structures, such as shipping containers, for this use are not allowed).

2.

An adequate on-site refuse container for disposal of non-hazardous waste and a container for customers to pour remaining liquids into from their CRV materials shall be provided.

3.

The permanent structure and surrounding area shall be cleaned and washed and all litter surrounding the site removed as needed to maintain a safe and healthy environment.

4.

The operator shall post a sign advising that it is illegal to take shopping carts or that possession of stolen shopping carts is a misdemeanor.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

In all zone districts, the off-site sale of new and used vehicles is prohibited. New and used vehicle sales shall be conducted only at the permanent property address listed for the dealership on its department of motor vehicles dealer license.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

A.

Shipping containers shall only be permitted within the city with approval of an administrative use permit issued pursuant to the requirements of Chapter 18.74 of the Municipal Code.

B.

Except as otherwise provided, shipping containers shall be permitted in R-L, R-M-5, R-M-6, R-MH, R-H, I- L, I-H, and PF zones with the following development standards:

1.

Except for properties located in an area zoned I-L, I-H or PF, no more than five metal shipping containers are allowed per property.

2.

Properties located in an area zoned I-L, I-H, or PF are allowed to have no more than twenty-five metal shipping containers.

3.

The size of a shipping container shall not exceed forty feet in length, ten feet in width, and ten feet in height and the storage area shall not exceed four hundred square feet.

4.

All shipping containers shall be placed on concrete, asphalt or other comparable all-weather surfacing material approved by during the administrative permit process and graded to provide adequate storm water drainage.

5.

No shipping container may be placed on top of another shipping container.

6.

A principal building or dwelling unit shall be located on the property.

Placement shall be to the rear of the principal building or dwelling unit on the rear half of the property.

8.

Shipping containers shall meet the following setback requirements:

i.

Shipping containers must be located at least five feet from a property line.

ii.

When a shipping container is located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the alley frontage.

iii.

When a permanent structure and shipping container are located within ten feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the. open alley frontage. Open alley frontage is that portion of the alley frontage where no permanent structure is located on the site within ten feet of the property line adjoining the alley.

9.

All shipping containers shall be painted a neutral color or painted to match the existing building(s) on site.

10.

Shipping containers shall be placed and/or shall utilize approved screening in such a manner that no more than one foot of the total structure height is visible from public roadways and residential neighborhoods adjacent to the property where located.

i.

Approved screening includes, but is not limited to, dense landscaping (i.e., trees, shrubs, etc.); or

ii.

Solid or semi-opaque fencing materials (i.e., wood slates, chain link fencing with solid slate inserts).

iii.

Screening fences and walls must comply with all applicable ordinances and may not exceed the maximum allowed height or use prohibited fence materials.

C.

Shipping containers shall not be allowed as a principal use in any zone. Shipping containers are not permitted as an accessory use to a stand-alone parking lot and they are not permitted on vacant property. Shipping containers shall not be used for habitable space.

D.

Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first. In no event, shall a shipping container remain on the premises in excess of sixty days after the date of the issuance of a certificate of occupancy or expiration of the building permit.

E.

Shipping containers shall be kept in good condition and avoid conditions that contribute to blight, including but not limited to, damage, paint peeling, rust, graffiti, signs, banners, and any unpermitted signage. Visible damage and graffiti shall be repaired and/or removed within forty-eight hours of occurrence.

F.

Shipping containers used to store flammable liquids or other hazardous materials shall be properly labeled or marked, as determined by the fire chief. For purposes of this section only, shipping containers with hazardous or flammable liquids in an amount not to exceed fifteen gallons (five gallons per container maximum) or one hundred twenty-five pounds in residential zones will be exempt from these requirements.

G.

Shipping containers shall not obstruct adequate access or fire clearance as determined by the fire chief. The placement and use of the shipping container shall meet and be used in accordance with all applicable safety, fire, and building codes.

H.

Utility connections to a shipping container are prohibited, unless specifically allowed under an applicable building permit.

I.

Commercial Use. Shipping containers converted for commercial use, or any other such occupied commercial area, shall only be permitted if (i.) the property owner has secured all necessary entitlements required of conventional structures, (ii.) the structure will comply with all provisions of the commercial, industrial, or public facility zoning district in which it is located, (iii.) the structure meets and/or satisfies all applicable provisions of the Municipal Code, and (iv.) a building permit and a certificate of occupancy has been issued for the additional occupied area. All other standards within this ordinance shall apply to the extent they do not conflict with other applicable standards or as otherwise exempted.

J.

Effective Date. This ordinance shall become effective upon publication, any pre- existing nonpermitted onsite shipping containers or storage containers in place prior to said effective date shall be allowed to remain for a maximum of one hundred eighty days from the adoption of this ordinance. Upon expiration of the one hundred eighty days all shipping containers shall be required to have an administrative use permit approved by the city and brought into compliance with the current ordinance CMC 18.60.180.

K.

Violations. Any property that has not submitted an administrative use permit application to the city within one hundred eighty days of the effective date of this ordinance, and upon which a non-permitted shipping container is located, shall be in violation of this ordinance. Violations of this section shall be subject to the penalty and enforcement provisions of the Municipal Code, including, but not limited to Chapters 1.10, 1.12, 1.16 and 1.20.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 518-24, § 6, 2-13-2024)

The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:

A.

Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.

B.

A minimum walkway of four feet is required in front of all outdoor vending machines.

C.

Outdoor vending machine shall not be installed in the public right-of-way or immediately adjacent such that it would cause customers to stand in the right-of-way to use the machine.

D.

Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.

E.

Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.

F.

Vending machines are permitted to cover up to a maximum of ten percent of the length of the primary building frontage, or twenty feet, whichever is less.

G.

Vending machine installations shall not have exposed conduits, piping or overhead utility connections.

H.

All outdoor machines shall be maintained in a clean and attractive condition.

I.

Any graffiti on an outdoor vending machine shall be removed within twenty-four hours.

J.

If the outdoor machine is removed the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.200 - Wireless communication facilities and towers.

See Chapter 18.68.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.60.220 - Agricultural employee housing.

A.

Purpose. The purpose of this section is to establish a streamlined, ministerial approval process for employee housing in a manner that is consistent with the requirements and allowances of state law, specifically Health and Safety Code Section 17021.8 (Employee Housing Act).

B.

Applicability. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all the following requirements:

1.

The development is located on land designated as agricultural in the City of Chowchilla General Plan.

2.

The development is not located on a site that is any of the following.

a.

Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.

b.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard

severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

d.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

f.

Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g.

Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

i.

Lands under conservation easement. For purposes of this section, "conservation easement" shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

j.

Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six family housing units.

3.

The development has adequate water and wastewater facilities and dry utilities to serve the project.

The development is located:

a.

Within one-half mile of a duly designated collector road with an Average Daily Trips (ADT) of six thousand or greater; or

b.

Adjacent to a duly designated collector road with an ADT of two thousand or greater.

5.

The development provides one parking space per unit, or as based upon demonstrated need; provided, that these standards do not require more parking than other residential uses of similar size within the jurisdiction.

6.

The development is an eligible agricultural employee housing development as defined in Health and Safety Code Section 17021.8.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A.

Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and in zones where emergency shelters are permitted, if the proposed housing development satisfies all of the following requirements, pursuant to Section 65651 of the Government Code.

a.

Units within the development are subject to a recorded affordability restriction for fifty-five years.

b.

One hundred percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

c.

At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development

consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

d.

The developer provides the planning agency with the information required by Section 65652 of the Government Code.

e.

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

i.

For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.

ii.

For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

f.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.

g.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

B.

Supportive housing shall be subject to comply with written, objective development standards and policies that apply to other multifamily development within the same zone.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Chapter 18.62 - ADULT ENTERTAINMENT ESTABLISHMENTS

18.62.010 - Purpose and intent.

A.

It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city.

B.

It is the intent of this title that these regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the regulations and provisions of this chapter in order to assist in the uniform interpretation of said regulations and provisions and to insure uniformity in their application.

B.

It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases:

"Adult bookstore" means an establishment that devotes more than fifteen percent of the total floor area of the premises for the display or sale of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video recordings, slides, video or audio tapes, records, or forms of visual or audio representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

2.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

"Adult cabaret" means an establishment that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly features films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult drive-in theater" means an open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

"Adult mini-motion picture theater" means an establishment, with a capacity of more than five but less than fifty persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is

devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult model studio" means any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed so similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This definition does not include any school of art that is operated by an individual, firm, association, partnership, corporation or institution that meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.

"Adult motel" means a motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult motion picture arcade (peep shows)" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

"Adult motion picture theater" means an establishment, with a capacity of fifty or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult theater" means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor in nature which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

"Body painting studio" means an establishment or business that provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

"Establishing an adult entertainment business," as used in this chapter, means and includes any of the following:

The opening or commencement of any such business as a new business;

The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter;

3.

The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or

4.

The relocation of any such business.

"General bookstore" means an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.

"General motion picture theater" means a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, slides or closed circuit television pictures before an individual or assemblage of persons, whether such assemblage be of a public, restricted or private nature, except a home or private dwelling where no fee, by way of an admission charge, is charged; provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the plot or story line.

"Headshop" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding cannabis cigarettes), books, and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying paraphernalia, that is, medicinal equipment prescribed by licensed medical practitioners.

"Legitimate or live theater" means a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.

"Massage parlor" means an establishment where, for any form of consideration, massage, alcohol tub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

pulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

"Private viewing room" means an area separated from the sales or display area of the establishment by a curtain, wall, door, shade or similar obstruction thus allowing establishment by a curtain, wall, door, shade

or similar obstruction thus allowing the private viewing of video tapes, movies, transparencies, films or projectable motion picture by customers at the establishments.

"Religious institution" means any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.

"Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshop)" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding cannabis cigarettes), books, and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying paraphernalia, that is, medicinal equipment prescribed by licensed medical practitioners.

"School" means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code of which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.

"Sexual encounter establishment" means an establishment, other than a hotel, motel or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.

y form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy.

For the purposes of this chapter, "sexual encounter center" shall include massage or rap parlor and other similar establishments.

"Specified anatomical areas" means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" means and includes any of the following:

The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts;

2.

Sex acts, normal or perverted, actual or simulated; or

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of or in connection with any of the activities set forth in this subsection.

"Transfer of ownership or control," as used in this chapter, means and includes any of the following:

1.

The sale, lease or sublease of an adult entertainment business; or

2.

The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or

3.

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.

"Video cassette sales and rentals—adult" means the same as "adult bookstore."

"Video games—adult" means coin-operated electronic game machines having visual displays and animation that depict in any manner, any sort of activity characterized by exposure of specified anatomical areas or specified sexual activities.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.62.060, of any of the following adult entertainment establishments unless such adult entertainment establishment is greater than five hundred feet from another adult entertainment establishment or greater than one thousand feet from any religious institution, school or park located within the city or greater than five hundred feet from any residentially zoned property (including office residential) located in the city, measured from property lines:

Adult bookstore;

2.

Adult motion picture theater;

3.

Adult mini-motion picture arcade (peep shows);

4.

Adult arcade;

5.

Adult drive-in theater;

6.

Adult cabaret;

7.

Adult motel;

8.

Adult theater;

9.

Adult model studio;

10.

Body painting studio;

11.

Massage parlor;

12.

Adult video games;

Adult video cassette sales and rentals;

Sexual encounter establishment;

15.

Headshop: "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" means an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine, and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans, and plastic photograph film vials, roach clips (for holding cannabis cigarettes), books, and magazines extolling the use of narcotics or controlled substances.

16.

Any other business which involves specified sexual activities or display of specified anatomical areas.

B.

An establishment listed in this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with the city's land use code and all other applicable regulations.

C.

All adult entertainment establishments as listed in subsection A of this section shall only be permitted within the zone districts specified in Table 18.08.030 provided the minimum distance requirements as set forth in subsection A of this section are met and also upon the prior issuance of a conditional use permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The required minimum distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park or residential zone.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

All adult entertainment premises hereafter commenced shall, in addition to compliance with this title, be made to comply with the following specific requirements:

A.

Signs. In addition to the requirements of Chapter 18.56, all sign permits shall be subject to the following regulations:

1.

Each adult business shall be allowed one permanent sign, the area of which shall not exceed one square foot for each linear foot of building frontage on which the sign is to be placed. In no case can the sign exceed fifty square feet in area.

2.

Temporary signs of any kind are not permitted.

3.

Except for theater signs, changeable copy signs are not permitted.

4.

No sign shall depict or describe any specified anatomical areas or specified sexual activities.

B.

Exterior Painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the community development department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message.

C.

Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.

D.

No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment use is allowed.

E.

Upon order of the city administrator, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within forty-eight hours of notification to the owner or person in charge of the premises.

F.

No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment as defined in this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The provisions of this chapter do not waive or modify any other provision of this municipal code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The operation of adult entertainment establishments shall prohibit the admission of minors.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

It is unlawful for any person or entity that is subject to the regulations of this chapter, and that sells or rents prerecorded video tapes, movies, transparencies, films, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in Section 18.62.020.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school or public park within one thousand feet or a residential (including office residential) zone within five hundred feet of the adult entertainment establishment. This provision does not apply after a permit has expired, been suspended or revoked.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.68 - WIRELESS COMMUNICATION FACILITIES AND TOWERS

The purpose of this chapter is to promote and maintain the purposes and objectives of the city of Chowchilla zoning ordinance; to ensure the co-location of new and existing tower and antenna sites whenever possible; to ensure the location of towers and antennas are in areas where the adverse impact on the community is minimal; to ensure that towers and antennas are designed in a way that minimizes the adverse visual impact on the community; and to protect the public safety and general welfare of the community.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.68.020 - Definitions.

For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:

"Antenna" means a system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to, radio waves and microwaves.

"Antenna, amateur radio" means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service and as designated by the Federal Communications Commission (FCC).

"Antenna array" means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure as defined below.

"Antenna, building mounted" means: an antenna that is mounted to a building or rooftop equipment screen, and that transmits or receives electromagnetic signals.

"Antenna, direct broadcast satellite service (DBS)" means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite.

"Antenna, multipoint distribution services (MDS)" means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

"Antenna structure" means an antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

"Antenna structure, freestanding" means an antenna structure or mast that is not attached to a building, fence or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds twenty feet, it shall be treated as a monopole.

"Antenna structure, monopole" means an antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least twenty feet in height.

"Attached wireless communication facility (attached WCF)" means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

"Co-locate or co-location" means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or

placement of a WCF on a structure owned or operated by a utility or other public entity.

"Equipment facility" means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

"Height" means the distance measured from ground level to the highest point on the WCF, including the antenna array.

"Pre-existing towers and antennas" means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter.

"Provider" means a person, as defined in Section 1.04.130 of the Chowchilla Municipal Code, pursuant to the provisions of this chapter.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

"Wireless communication facility (WCF)" Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Antennas and towers may be considered either principle or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

For purposes of determining compliance with development standards in this title, including but not limited to setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.68.050 - Effect on nonconforming uses.

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following requirements and standards shall apply to the construction and installation of all new wireless communication facilities (WCF):

A.

All standards set forth in this chapter;

B.

Any applicable federal, state and local laws, regulation and ordinances;

C.

All applicable provisions of the Chowchilla Municipal Code, Chowchilla Zoning Ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter;

D.

The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; and

E.

All FCC rules, regulations, and standards.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

When technically and economically feasible, a new wireless communication facility (WCF) shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.

B.

Any site plan review application proposed in accordance with Chapter 18.72 proposing the construction of a new WCF with a supporting structure shall specifically identify the actions taken by the applicant to

locate, construct and operate the new WCF at a co-location. If co-location is not feasible, the application shall specifically identify the locations considered and the reasons why such locations are unacceptable for the construction and operation of the new WCF.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.68.080 - Exemptions.

A.

The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 18.68.090, and a building permit is not required.

1.

Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.

2.

Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas and television broadcast service (TVBS) antennas that are one meter (three feet three and three-eighths inches) or less in diameter or in diagonal measurement, are located entirely on-site, and are not located within the front setback area of the lot on which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.

B.

The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 18.68.090 of this chapter, however a building permit is required.

1.

Satellite earth station (SES) antennas that are two meters (six feet six and three-fourths inches) or less in diameter or in diagonal measurement, are located in a C-S, I-L, or I-H zone district, and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.

2.

Amateur radio antenna structures that are twenty-four inches or less in diameter or in diagonal measurement, and where no portion of the antenna overhangs any property line.

3.

Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that does not result in an increase in size of the overall WCF site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Wireless communications facilities that are not exempt per Section 18.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section

18.08.030, then this section shall apply.

A.

The following wireless communications facilities (WCF) shall be permitted uses. A site plan review permit issued in accordance with Chapter 18.72 and a building permit is required.

1.

Installation of a monopole on an existing structure, located in a PF zone district, or in any commercial, mixed use, or industrial zone district, where the height of the monopole is not higher than twenty feet above the height of the existing structure.

2.

Installation of a concealed or disguised antenna located on the ground and/or attached to a building in the PF zone district, or any commercial, mixed use, office, or industrial zone district where the antenna does not exceed the maximum height limits of the zone district in which it is located.

3.

Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.

4.

Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a thirty-percent increase in size of the overall WCF site.

B.

The following wireless communications facilities (WCF) shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 18.80. A site plan review permit issued in accordance with Chapter 18.72 and a building permit is also required:

1.

Installation of a new free-standing antenna/tower with no guy wires in the C-S, MX-D, MX, O, or PF zone districts that does not exceed seventy-five feet in height. The planning commission may approve a WCF with a height higher than seventy-five feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

2.

Installation of a new free-standing antenna/tower with no guy wires in the C-H, I-L, or I-H zone districts that does not exceed one hundred feet in height. The planning commission may approve a WCF with a height higher than one hundred feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

3.

Modification to an antenna/tower approved by conditional use permit where the modification results in an increase in the height of the approved antenna/tower.

C.

Wireless communication facilities that are not exempt per Section 18.62.060 are prohibited in any residential zone district and in the C-N zone district.

D.

Notwithstanding other provisions of this section, a WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 18.80 if it is located in the Airport Overlay district, and shall meet all requirements of Chapter 18.38.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Review of any application for construction, installation and operation of a WCF identified in Section 18.68.090 as requiring a permit shall comply with the following provisions in addition to the applicable provisions of Chapters 18.72 and 18.80:

A.

Each applicant shall submit a site plan and elevation view drawn to scale and other supporting drawings, calculations, and documents, signed by appropriate licensed professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the director to be necessary to determine compliance with the provisions of this chapter.

B.

Each applicant shall provide the director an inventory of its existing towers and those towers it intends to construct within ten years of the date of its application that are located or will be located within the city limits or within one-quarter mile thereof. The director may share information with other applicants applying for permits to construct antennas/towers for the purpose of encouraging co-location, provided however, that the director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for co-location.

C.

The information requested in this subsection B of this section shall not be made available to the general public except as may be required by federal, state or local law, ordinances or rules and regulations related thereto.

D.

The director may retain a consultant at the applicant's expense to review the application and make determinations and recommendations on issues including, but not limited to:

1.

Compliance with radio frequency emission standards;

2.

Possible granting of exceptions to the development standards in this chapter;

3.

The identification of alternative solutions when the director believes that the proposed facilities may create a significant impact to the surrounding area; or

4.

Proposals for the installation of new towers or antennas.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

An appeal of the decision of the director or of the planning commission on a WCF application shall be processed in accordance with the appeal provisions of Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Every application must comply with the following development standards:

A.

Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions which will exceed Federal Communication Commission (FCC) standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.

B.

Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.

C.

Lighting. WCF shall not be artificially lighted, except for:

1.

Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site; and

2.

Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.

D.

Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six feet in height and the structure shall be equipped with an appropriate anti-climbing device.

E.

Noise. A description of all audible noise generating equipment, including the times and decibel levels of the noise which will be produced shall be submitted with the application for the project. No equipment shall be operated at a WCF which produces noise in excess of the applicable noise standards stated in the Chowchilla General Plan. In emergency situations requiring the use of a backup generator, the noise standards may be exceeded on a temporary basis as determined by the community development department.

F.

Landscaping. The following requirements shall govern the landscaping surrounding WCF sites:

1.

The site shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least five feet wide outside the perimeter of the compound's fence. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether in the discretion of the director and where applicable, the planning commission.

2.

Existing mature tree growth and natural land-forms on the site shall be preserved to the extent feasible, as determined by the director; provided, however, vegetation causing interference with the antennas or inhibits access to the equipment facility may be trimmed.

G.

Painting. All equipment, antennas, poles or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas which will be viewed primarily against the skyline shall be painted light gray or light blue or other sky blending color. WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the community development department, including the use of compatible colors. Equipment facilities shall, to

the extent practicable, use materials, colors and textures that will blend with the natural setting and existing building environment.

H.

Visual Aesthetics. To minimize overall visual impact, new wireless communication facilities shall be colocated with existing facilities and with other planned new facilities whenever possible. In addition, service providers shall co-locate antennas with other facilities such as water tanks, light standards, and other utility structures where the co-location is found to minimize the overall visual impact. Conditions of approval shall require all applicants to cooperate in the placement of equipment and antennas to accommodate the maximum number of providers at a single site and require an applicant to allow for future co-location of additional antennas at its site. Antenna/towers with guy wires are prohibited. Cables leading from the antenna to the ground base equipment be neatly bundled and securely fastened to the antenna/tower and be underground from the antenna/tower to the equipment room.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020 )

18.68.130 - Federal and state regulations.

A.

All towers/antenna structures must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other agency of the federal or state government with the authority to regulate towers and antennas.

B.

If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or state agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.

C.

Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter and the city may require removal of the tower or antenna at the owner's expense.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.68.140 - Removal of abandoned antennas, towers, supporting equipment and structures.

A.

Any antenna, tower, supporting equipment and structure that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna tower, or owner of the land which it is located on shall remove said antenna, tower or supporting equipment within ninety days of receipt of notice from the director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety days, the city may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

B.

If the cost of removal of the antenna or tower are not paid within thirty days after the date on which the notice of request for payment is mailed to the owner of the property, the city council may direct the county tax assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the state of California. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.70 - PERMITS AND APPLICATIONS

An application for a permit or other land use matter required by this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter within this title related to processing of that permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, state, or federal law, regulation, or policy. An application shall be made in the form prescribed by the director on the date the application is filed, unless otherwise specified by this title or state law.

B.

All filing fees required to be paid upon the filing of any application shall be set forth from time to time by city council resolution.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following persons shall have the authority to file an application:

A.

The record owner of the real property that is the subject of the permit or other matter;

B.

The property owner's authorized agent;

C.

Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application;

D.

The director, city administrator, planning commission, or city council.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with certificates and affidavits of applicable posting, mailing, or publication.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing and notification of public hearing has not been mailed. Any public hearing for which notification has been given shall be convened, and the application may be withdrawn at the hearing.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Applications for permits or other land use matters identified in this title shall be acted upon in accordance with one of the decision processes depicted in Table 18.70.070 (role of review authority planning permit applications). Table 18.70.070 determines the role of each review authority in the decision-making process and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 18.70.070 only describes the processes that may be required by this title and does not describe other decision processes that may be required by other agencies. Subdivision processes and procedures are identified in Title 17.

Table 18.70.070

B.

All applications heard by the planning commission or city council according to Table 18.70.070 shall be at public hearings in accordance with Chapter 18.70.090. The city council shall be the final decision-making body on all permits.

C.

Where a project requires multiple decisions by the planning commission and city council, the planning commission decisions on such project shall not be final, but shall be advisory to the city council, which shall be vested with the final decision-making powers pertaining to the project.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

All discretionary applications will be reviewed by the director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A public hearing is a noticed session before the planning commission, city council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on applications regulated by this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Notice of time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.

A.

A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than ten days before the date of the public hearing.

B.

A notice of public hearing shall be given by mailing a written notice not less than ten days prior to the date of such hearing to the applicant and to owners of property within a radius of three hundred feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted Madera County tax roll. Notice shall also be mailed to interested persons that have filed a written request for notification with the director.

C.

In the event that the number of owners of property to whom notice may be sent pursuant to subsection B of this section would result in more than one thousand notices, notice may alternatively be given at least ten days prior to the hearing by either of the following procedures:

1.

By placing a display advertisement of at least one-eighth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or

1.

By placing a display advertisement of at least one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or

2.

By placing a written notice with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

Public notice of hearings shall begin with the words similar to "Notice of Proposed Change of Zone District" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit," as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Public hearings before the city council and the planning commission shall be conducted in accordance with Section 2.04.030 of the Chowchilla Municipal Code.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

For applications requiring a final decision by the city council, the planning commission shall first hold a public hearing on the matter. For such hearing, the planning commission shall, by resolution, recommend to the city council approval or denial of the request, including the findings for the recommendation. Upon receipt of the recommendation from the planning commission, the city council shall hold a public hearing after noticing is completed.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The review authority responsible for making a final determination for any application, as identified by Table 18.70.070, shall announce its findings by formal resolution, or in the case of a change to the text of this title or to the zoning map, by ordinance. Specific plans may be adopted by resolution or by ordinance. Site plan review permits may be approved by letter.

The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title, and shall order that the permit or other action be approved, denied, or approved subject to conditions that it may impose.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Not later than ten days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable document shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution or other applicable document shall also be filed and maintained as public record by the director.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The decision of the review authority identified in Table 18.70.070 for any permit or other non-legislative decision shall be effective and final ten days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written appeal of the decision.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Where an application has been denied by a review authority and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one year after the effective date of the denial, unless that review authority specifies in its decision that the denial is made without prejudice.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.70.200 - Appeals.

A.

A decision of the director may be appealed to the planning commission by any interested person within ten days following the decision of the director. Any decision of the planning commission, including a decision on an appeal, may be appealed to the city council by any interested person within ten days following the decision of the planning commission.

B.

Appeals to the planning commission or to the city council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.

C.

A decision on an application that has been appealed may be upheld, overturned, or modified. The appeal decision shall be adopted by resolution or other applicable document.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subject to the other provisions of this chapter, a permit that is effective and final pursuant to this chapter shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit, except for a home occupation permit as determined by Section 18.78.070.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Before any building, grading, encroachment or other development permit is issued for any building, excavation, or other structures proposed as a part of an approved permit, the director shall determine that the proposed building location, facilities and improvements are in substantial conformance with the approved permit and any conditions of approval.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Upon the violation of any applicable provision of this title, the provisions of any use permit, or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended. Written notice of the suspension shall be sent by the director to the person to whom the use permit was issued, or to their successor if known, advising them of the suspension and the violations causing the suspension.

B.

No building, grading, encroachment, or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended. For any construction activity taking place on the site that is the subject of the suspended permit, the building official shall issue a stop work order.

C.

The city council shall hold a public hearing and hear evidence from city staff, the holder of the permit, and other interested persons. Should the city council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the city council may either revoke the permit or take such other action as the city council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

An approved permit shall expire and shall become null and void two years after the date of approval unless, prior to expiration, one of the following occurs:

1.

A building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the property that was the subject of the approved permit.

2.

The use for which the permit was approved has commenced.

B.

If a use for which a permit was approved has commenced and then is later abandoned for a continuous period of one year, the permit shall expire and become null and void.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Prior to expiration of a permit, a person having authority to file an application may file a written request with the director for extension of a permit that may otherwise expire. The request for extension shall be taken to the planning commission, who may extend the expiration date of the permit by one year. The planning commission may grant up to a total of three, one-year extensions.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

If a parcel of real property is considered for annexation to the city is subject to a permit previously approved pursuant to the provisions of the Madera County Zoning Ordinance and the use has commenced on the date that the city council initiates annexation, then the city shall succeed to the permit and shall administer and enforce the permit in accordance with the provision of this chapter.

B.

If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Madera County Zoning Ordinance and the use has not yet commenced on the date that the city council initiates annexation, then the city shall declare in its resolution of annexation initiation whether it will or will not succeed to the permit. If the city declares that it will not succeed to a permit, then the permit shall be deemed null and void on the effective date of annexation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Upon written request by a person having authority to file an application, a permit approved in accordance with this chapter that has not expired may be adjusted by the director provided that the director determines that the adjustment is minor, does not contradict the intent of the review authority's approval, does not increase the approved use's impact on adjacent properties, does not increase the intensity or character of the use that was approved, and is consistent with the general plan.

B.

If the director determines that the findings in subsection A of this section required to approve a minor adjustment cannot be met, then the applicant may apply for an amendment to the permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A person having authority to file an application may apply for an amendment to an approved permit that has not expired. The amendment application shall be processed with the same procedures as if the application was for a new permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.72 - SITE PLAN REVIEW PERMITS

The purpose of the site plan review permit is to assure that a proposed development is reviewed to assure substantial compliance with the general plan, the municipal code, policies, and improvement standards of the city.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.020 - Applicability.

A.

Site plan review shall be required for the development activities set forth in this section. The review and approval of a site plan for the activities shall encompass all improvements that are associated with the erection or alteration of a building or structure or the development or alteration of public or private parking areas or lots.

1.

In all residential districts, site plan review shall be required for:

a.

The erection of a new two-family or multiple-family dwelling or related accessory building or structure when the erection requires the issuance of a building permit;

b.

The alteration of an existing two-family or multiple-family dwelling when the alteration requires the issuance of a building permit and will increase the number of dwelling units on a site;

c.

The erection of a new nonresidential building or structure when the erection requires the issuance of a building permit;

d.

The alteration of an existing nonresidential building or structure when the alteration requires the issuance of a building permit and will increase the floor area of the building or structure by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats;

e.

The erection of a new mobilehome park or any building or structure for mobilehome park purposes;

f.

The alteration of an existing mobilehome park when the alteration will either increase the number of spaces within the mobilehome park or will increase the floor area of a building or structure used for mobilehome park purposes by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats.

2.

In all commercial and industrial districts, site plan review shall be required for:

a.

The erection of a new building or structure when the erection requires the issuance of a building permit;

b.

The alteration of an existing building or structure when the alteration requires the issuance of a building permit and any of the following conditions exist:

i.

The alteration will increase the floor area or seating capacity of a nonconforming building or structure or involves the structural alteration of a nonconforming building or structure;

ii.

The alteration will increase the floor area of a conforming building or structure by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats;

c.

The development of new public or private parking areas or lots;

d.

The alteration of existing public or private parking areas or lots when the alteration will increase or decrease the number of parking spaces by more than five spaces, increase or decrease the gross area of the parking area or lot by more than one thousand seven hundred fifty square feet, or will involve the relocation of the parking area or lot.

3.

In all districts, site plan review shall not be required for:

a.

The erection or alteration of one-family dwellings and related accessory buildings or structures;

b.

The erection or alteration of temporary tract offices and model homes;

c.

The erection or alteration of signs and advertising structures;

d.

The installation or alteration of underground storage tanks having a capacity of one thousand one hundred fifty gallons or less.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Members. The site plan review committee shall be comprised of staff representatives of the director, city engineer, and building official; in addition, the director may request input from any other city department or public agency, subject to city council policies.

B.

Powers and Duties. The site plan review committee shall have the power to:

1.

Review site plan review permit applications for consistency with the general plan, municipal code, policies, regulations, and improvement standards of the city.

2.

Apply requirements to a site to protect the public health, safety and general welfare.

3.

Require revisions to the site plan to bring it into consistency.

4.

Identify the city permits necessary to construct the proposed project.

5.

Issue the site plan review permit subject to stated revisions.

6.

Require that the site plan be resubmitted with required revisions.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The site plan shall be drawn to a scale which that clearly indicates all dimensions and includes the information identified in the site plan review application form consistent with Section 18.70.020, and such other data as may be required to permit the director to make the required findings.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Within fifteen days after submission of a complete site plan, the director shall approve, approve with such conditions as set forth in subsection E of this section or disapprove the site plan. Failure of the director to make a decision within the aforementioned fifteen-day period shall be deemed to constitute an approval of the site plan if it conforms with all applicable city ordinances. The director, before approving a site plan, shall make all of the following findings:

A.

The development complies with all applicable provisions of this title, the general plan, and with all applicable development standards and design guidelines adopted by the city;

B.

The development is so designed that it will have no specific, adverse impact on surrounding property or improvements. A "specific, adverse impact" is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions;

C.

The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, streetlights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site;

D.

The development will not result in vehicular or pedestrian circulation or access conditions that cause conditions or create safety hazards on or off the site, based on established traffic and safety standards;

E.

That any conditions of approval are deemed necessary to ensure that the development conforms with the purposes set forth in Section 18.72.010 and to protect the public health, safety, and welfare. Conditions may include the following:

1.

Requiring special yards, spaces, and buffers;

2.

Requiring fences and walls;

3.

Requiring enclosure of storage areas and limitation on out-of-door display of merchandise;

4.

Requiring grading, surfacing and drainage improvements;

Regulation of points of vehicular ingress and egress;

6.

Regulation of signs;

7.

Requiring landscaping and maintenance thereof;

8.

Requiring maintenance of grounds;

9.

Requiring fire-prevention equipment and measures;

10.

Regulation of noise, vibration, odors, electrical discharge or interference;

11.

Regulation of lighting;

12.

Requiring street dedications and improvements;

13.

Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

In making such findings, the director shall consult with city personnel as appropriate to assure that approvals will be consistent with established legislative policies and city standards relating to planning, public works, and land development.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The decision of the director shall be final unless appealed to the council in accordance with the procedure specified in Section 18.70.200. The director shall cause a copy of the site plan, with his or her decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Appeals of the director's decision shall be submitted and processed consistent with the procedures in Section 18.70.200.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

A site plan review permit shall expire one year from its approval date, unless a building permit application has been submitted or the use has commenced.

B.

Prior to expiration, the director may extend the permit expiration date by one year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Revocation of a site plan review permit shall be conducted consistent with procedures and notice requirements in Section 18.70.230.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with the site plan review permit shall be consistent with the site plan review permit. If there is a change in the proposed development, a new site plan application shall be submitted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.74 - ADMINISTRATIVE USE PERMITS

The purpose of requiring the administrative approval of certain uses is to determine whether or not a particular use meets the standards set forth in this title that are specific to that use, with the intent that uses that meet all of the standards will be approved.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This chapter shall apply to all uses listed as permitted uses subject to administrative approval.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Applications for an administrative use permit shall be filed pursuant to Chapter 18.70 with the director and processed consistent with Section 18.70.060 and, if applicable, Section 18.70.070.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

In order for an application to receive administrative approval, the following findings must be made by the reviewing authority listed identified in Section 18.70.060:

A.

The use meets the standards and requirements in this title that are specific to that use;

B.

The use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located;

C.

The use is consistent with the general plan;

D.

The proposed location, size, design and operating characteristics of the use would not be detrimental to the public interests, health, safety, convenience or welfare of the city and that any incompatible impacts of the proposed use are mitigated by conditions of approval.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Notices of decision of an administrative use permit shall be processed consistent with Section 18.70.170. In addition to Section 18.70.170, a copy of the written decision shall be signed and dated by the director and mailed to each property owner within three hundred feet of the subject property.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Appeals to a decision of the reviewing authority of an administrative use permit shall be submitted and processed consistent with the procedures in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.74.070 - Life of permits and extensions of time.

An administrative use permit shall expire one year from its approval date, unless a building permit application has been submitted or the use has commenced.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Revocation of an administrative use permit shall be conducted consistent with procedures and notice requirements in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with the administrative use permit shall be consistent with the site plan review permit. If there is a change in the proposed development, a new site plan application shall be submitted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.76 - TEMPORARY USE PERMITS

A temporary use permit provides a mechanism for administrative review and determination for proposed and qualifying shortterm uses and activities to ensure that such activities are consistent with the general plan and the provisions of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed development standards:

A.

Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project.

B.

Emergency public health and safety facilities established by a public agency.

C.

Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.

D.

Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).

E.

Events held exclusively on city property and that are in conjunction with the city use.

F.

Events held exclusively at a school site that are in conjunction with the school use.

G.

Events held exclusively on religious institution or facility site and that are in conjunction with that religious institution or facility use.

H.

Garage and yard sales held on private property.

I.

Outdoor promotional events and seasonal sales related to an existing business with temporary outdoor

display and sales of merchandise and seasonal sales in conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 18.70:

A.

Any use listed in Table 18.08.020 or Table 18.08.030 that is identified as a temporary use.

B.

Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project.

C.

Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).

D.

Farmers markets.

E.

Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.

F.

Seasonal sales occurring outdoors when not related to an existing business.

G.

Temporary sales offices.

H.

Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.

I.

Temporary community food banks.

J.

Other temporary activities that the director determines are similar in nature and intensity to those identified above.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Standards for height, off street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. The director may waive requirements for longterm improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.76.050 - Temporary improvements on a site.

A.

Improvement to property at a level less than what is required by this title may be allowed to support temporary operations on the property yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property.

B.

The allowance described in subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare

C.

At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:

1.

The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit.

2.

The temporary use will not be detrimental to the health, safety, or general welfare of persons, property, or improvements in the vicinity of the proposed use, or to the general welfare of the city.

3.

The temporary use will not function or be located in a manner that restricts access to required parking areas.

4.

Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.

5.

The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.

6.

The use is consistent with the general plan, applicable specific plans, and the provisions of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The director may place conditions on the temporary use permit, including, but not limited to, buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation.

Conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.78 - HOME OCCUPATION PERMITS

The provisions of this chapter provide for the conduct of home occupations that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producing activity by the occupant of the dwelling.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Home occupations shall not commence without first obtaining a home occupation permit, except as provided below:

A.

A home occupation permit shall not be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, swimming lessons, or religious instruction, provided that no more than five students are present at any one time, and the activity complies with all of the operating standards in Section 18.78.040. The in-home educational activity may exceed the five student limit after first securing a CUP.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The following uses are, without limitation, examples of land uses that are not incidental to nor compatible with residential activities in residential zones, and are prohibited as home occupations:

1.

Barbershop, hair salon, nail care, massage therapy, or day spa;

Fortune telling;

3.

Kennel or animal boarding;

4.

Laboratory, general or medical;

5.

Mini-warehouse or self-storage facility;

6.

Motor vehicle repair or service, minor or major;

7.

Office; medical, dental, or optometry;

8.

Pet grooming;

9.

Repair shop, large appliance or equipment;

10.

Specialty construction or trade service where construction activities take place at the site;

Tattooing or body art;

12.

Any other use determined by the director to be not incidental nor compatible with residential activities.

B.

A home occupation permit may be denied if the director finds that land use proposed for a home occupation is listed in this section, or that the land use is not incidental nor compatible with residential activities.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.78.050 - Operating standards.

A.

A home occupation shall comply with all of the following operating standards:

1.

A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way.

2.

There shall be no displays on the premises.

3.

There shall be no signs other than those allowed by Chapter 18.56.

4.

There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.

5.

The home occupation shall be confined to one room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking of vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.

6.

Only one vehicle no larger than a three-quarter ton truck may be used by the occupant directly or indirectly in connection with a home occupation.

7.

The home occupation shall not encroach into any required parking, setback or open space areas.

8.

There shall be no use of mechanical equipment not recognized as being part of a normal household or hobby use.

9.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.

10.

Utility consumption shall not exceed normal residential usage.

11.

The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes,

toxic/hazardous materials, smoke, glare or electrical interference or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.

12.

Only the occupants of the dwelling may be engaged in the home occupation, except as specifically modified by other sections of this title.

13.

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises at a frequency of more than three deliveries per week of a package or packages weighing less than one hundred pounds.

14.

The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.

15.

No home occupation shall commence until a current business license is obtained, pursuant to this title.

16.

No more than one home occupation shall be located within a dwelling unit at one time.

17.

If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit.

18.

No space shall be rented out to others in association with a home occupation.

19.

A home occupation that is a cottage food operation shall meet the requirements of Section 18.60.050.

B.

The director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.

C.

A home occupation permit may be denied if the director finds that there is a failure or inability to meet one or more of the operating standards of this section.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The initial life and subsequent extensions of time for home occupation permits are stated in Sections 18.70.240 and 18.70.250.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.78.070 - No transferability.

A.

Notwithstanding Section 18.70.210, if property ownership changes on property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.

B.

If the holder of a valid home occupation permit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A home occupation permit may be revoked or modified in accordance with Section 18.70.230 if any one of the following findings are made:

A.

The home occupation has become detrimental to the public health, safety, or traffic, or constitutes a nuisance;

B.

The home occupation permit was obtained by misrepresentation or fraud;

C.

The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title;

D.

One or more of the operating standards of the home occupation permit have not been met;

E.

The home occupation violates federal, state, or local statute, ordinance, law, or regulation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.80 - CONDITIONAL USE PERMITS

In certain districts, conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located in a proper zoning district in order that the objectives of this title are satisfied, and the conditional use is compatible with the permitted uses in the zoning district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Applications for a conditional use permit shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Findings for Approval of Non-Housing Projects. Before a conditional use permit can be approved for nonhousing related projects, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

The proposed use would not impair the integrity and character of the zoning district in which it is to be located;

2.

The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located;

3.

The proposed use is consistent with the general plan;

4.

There will not be significant effects upon the quality of the environment and natural resources;

5.

The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city and that any incompatible impacts of the proposed use are mitigated by conditions of approval.

B.

Findings for Approval of Housing Projects. Before a conditional use permit can be approved for housingrelated projects, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

The project does not have a specific, adverse impact on public health or safety. A "specific, adverse impact" is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions

2.

The project is consistent with the purpose and intent of this chapter, the requirements of the zoning district in which the site is located, and with all applicable development and objective design standards, as existed on the date the application was deemed complete.

3.

The project is consistent with the general plan and any applicable specific plan.

4.

The existing or proposed public facilities necessary to accommodate the project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.

C.

A conditional use permit may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The reviewing authority may place conditions of the approval on the conditional use permit that promote the public interests, health, safety, convenience, or welfare of the city or that mitigate any impacts to surrounding properties.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A notice of decision of a conditional use permit shall be processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Appeals to a decision of the reviewing authority of a conditional use permit shall be submitted and processed consistent with the procedures in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The initial life and subsequent extensions of time for a conditional use permit shall be per Chapter 18.70, except that when any conditional use permit that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16 the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the conditional use permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Revocation of an approved conditional use permit shall be conducted consistent with procedures and notice requirements in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with a conditional use permit shall be submitted, reviewed, and processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.82 - PLANNED UNIT DEVELOPMENT PERMITS

Planned unit developments (PUDs) are encouraged to achieve a more functional, aesthetically pleasing, and harmonious living and working environment within the city that otherwise might not be possible by strict adherence to the provisions of this title. The P (Planned Unit) district, Chapter 18.51, provides an overlay intended to provide for the development of residential, commercial, and industrial unit developments, and to provide for the design and application of special development standards for said developments.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Applications for a planned unit development (PUD) permit shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

B.

In addition to the standard application information required, the director, after reviewing the site plan of the proposed PUD, shall list any unique, additional information necessary to review a proposed PUD in the site plan review process.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.030 - Allowed planned unit developments.

A planned unit development may be utilized to achieve one or more of the following objectives:

A.

To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary.

B.

To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located;

C.

To permit the lot patterns of size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located;

D.

To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title;

E.

To permit variations to the standard local street cross-sections;

F.

To permit private streets and gated neighborhoods;

G.

To permit the implementation of the mixed use provisions; and

H.

To reduce the amount of required parking spaces when spaces are shared among multiple land uses.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A planned unit development is prohibited from being used to achieve one or more of the following:

A.

To add land uses that are not otherwise permitted in the zone district in which the PUD is located;

B.

To increase residential densities beyond the maximum allowed by the general plan;

C.

To modify sign standards or provisions in Chapter 18.56; or

D.

To modify parking and loading standards or provisions in Chapter 18.54, except as stated in Section 18.82.030.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The minimum site area for a planned unit development shall be five acres, except that there shall be no minimum site area requirements if the site is an infill development site.

B.

The site area may be made up of more than one parcel, however all parcels in the site area shall be contiguous.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Before a planned unit development (PUD) permit can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

The location and design of the PUD is in accordance with the purpose of this title;

The PUD is being proposed to achieve one or more of the objectives identified in Section 18.82.030;

3.

The location and design of the PUD and the conditions under which it would be operated or maintained will not have a specific, adverse impact to the public health, safety, or welfare of the community to properties or improvements in the vicinity. A "specific, adverse impact" is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions;

4.

The PUD will have appropriate on-site circulation (e.g., pedestrian and vehicular) and traffic control is designed into the development to ensure facilities equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards;

5.

That PUD's population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will result in an environment that is consistent with the purpose of this title;

6.

The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will be arranged to avoid conflicts such as overcrowding, incompatible scale, or specific, adverse impacts on surrounding properties, and will be consistent with the functional characteristics, scale, and intensity of existing and proposed land uses in the vicinity; and

B.

A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The reviewing authority may place conditions of approval on the planned unit development permit that promote well-planned neighborhoods, protect the public interests, health, safety, convenience, or welfare of the city, or that mitigate any impacts to surrounding properties.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A notice of decision of a planned unit development permit shall be processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Appeals to a decision of the reviewing authority of a planned unit development permit shall be submitted and processed consistent with the procedures in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The initial life and subsequent extensions of time for a planned unit development use permit shall be per Chapter 18.70, except that when any planned unit development permit that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 17 the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the planned unit development permit.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Revocation of an approved planned unit development permit shall be conducted consistent with procedures and notice requirements in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with a planned unit development permit shall be submitted, reviewed, and processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.84 - VARIANCES AND MINOR DEVIATIONS

This section allows variances and minor deviations from the development standards of this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A variance or minor deviation may be granted to waive or modify any development standard of this title except to:

A.

Allow a land use not otherwise allowed in the zone district;

B.

Increase the maximum allowed residential density;

C.

Waive a specifically identified prohibition; or

D.

Waive or modify a procedural requirement.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Applications for a variance or minor deviation shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.84.040 - Minor deviation findings.

A.

Before a minor deviation may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

The minor deviation is for the adjustment of a measurable development standard.

2.

The minor deviation would allow an adjustment to a measurable development standard of not more than ten percent.

3.

The minor deviation is consistent with the purposes of this title.

4.

The minor deviation will be consistent with the general plan.

B.

A minor deviation may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

C.

Any application for a minor deviation that exceeds ten percent of the development standard requirement shall be processed as a variance.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Before a variance may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, are such that the strict application deprives such property of privileges enjoyed by other property in the vicinity that are in the same zone district;

2.

The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and that are in the same zone district and denied to the property for which the variance is sought;

3.

The variance will not be materially detrimental to the public health, safety or welfare, orinjurious to the property or improvements in the vicinity and that are in the same zone district in which the property is located;

4.

The variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and that are in the same land use district in which such property is located;

5.

The variance does not allow a use or activity which is prohibited in the zone district where the property is located;

6.

The variance is consistent with the purposes of this title; and

7.

The variance will be consistent with the general plan.

B.

A variance may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A notice of decision of a variance or minor deviation shall be processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.84.070 - Appeals.

A.

Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 18.70.

B.

When a minor deviation is appealed, the variance findings in Section 18.84.050 shall apply to the appeal of the minor deviation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The initial life and subsequent extensions of time for a variance or minor deviation shall be per Chapter 18.70, except that when any variance that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16 the variance or minor deviation shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the variance or minor deviation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Revocation of an approved variance or minor deviation shall be conducted consistent with procedures and notice requirements in Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with a variance or minor deviation shall be submitted, reviewed, and processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.86 - ZONING ORDINANCE AMENDMENTS

The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the zoning map prescribed in this title. This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure set forth in this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Applications for amendment to this title shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

B.

An amendment or change to the boundaries of a zone district on the zoning map (zone change) may only be filed by a property owner or authorized agent of land that is affected by the proposed amendment, or by the city council or planning commission.

C.

An amendment or change to the text of this title (text amendment) may only be initiated by the city council or the planning commission. Either authority may initiate such an amendment or change upon a written request to the director or upon a written request with application fee by an interested person.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.86.030 - Findings.

A.

Before a zone change or text amendment may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

The amendment is internally consistent with the goals, objectives, and policies of the general plan and this title;

2.

The amendment would not be detrimental to the public health, safety, or welfare of the community;

3.

The amendment would maintain the appropriate balance of land uses within the city;

The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

B.

A zone change or text amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A notice of decision of a zone change or text amendment shall be processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The decision of the city council regarding a zone change or text amendment is final.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A zone change or text amendment is final upon its effective date and does not expire.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A zone change or text amendment may not be revoked, except by filing a new application in accordance with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with a zone change or text amendment shall be submitted, reviewed, and processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.88 - GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS

The purpose of a general plan amendment is to allow for modifications to the Chowchilla General Plan text (e.g., goals, policies, or implementation programs), the general plan land use map, the general plan

circulation map, or other elements of the Chowchilla General Plan. The purpose of a specific plan amendment is to adopt a new or modify an existing, approved specific plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Applications for a general plan or specific plan amendment shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

B.

A general plan amendment affecting the general plan land use map or other map in the general plan may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.

C.

A specific plan amendment may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.

D.

A general plan or specific plan amendment may be initiated by the city council or the planning commission. Either authority may initiate such an amendment upon a written request by the director or upon a written request with application fee by an interested person.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Pursuant to Government Code Section 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Before a general plan or specific plan amendment may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1.

The amendment is internally consistent with the goals, objectives, and policies of the general plan and this title;

The amendment would not be detrimental to the public health, safety, or welfare of the community;

3.

The amendment would maintain the appropriate balance of land uses within the city;

4.

The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

B.

A general plan or specific plan amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A notice of decision of a general plan or specific plan amendment shall be processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The decision of the city council regarding a general plan or specific plan amendment is final.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.88.070 - Life of permits and extensions of time.

A general plan or specific plan amendment is final upon its effective date and does not expire.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A general plan or specific plan amendment may not be revoked, except by filing a new application in accordance with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Subsequent development permits associated with a general plan or specific plan amendment shall be submitted, reviewed, and processed consistent with Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.90 - NONCONFORMING USES, STRUCTURES, AND LOTS

Within the zones established by this title, there exist uses, structures, and lots which were lawful before this title was adopted or amended, but which would now be prohibited under the terms of this title or its future amendments. It is the intent of this title to permit these nonconforming uses to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this title, provided such permit is diligently carried to completion.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

This chapter applies to uses, structures, and lots that were lawful when they were commenced, constructed, or created, but that do not comply with one or more applicable provisions of this title. This chapter does not apply to nonconforming signs, which are instead subject to the requirements of Chapter 18.56.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.90.030 - Nonconforming uses.

A.

A use shall be deemed nonconforming if it was lawfully commenced prior to the adoption or amendment of this title, but which now does not conform to the use regulations of this title applicable to uses.

B.

A use shall be deemed nonconforming if it was lawfully commenced while under the jurisdiction of the county, but which, after annexation of the site into the city, does not conform to the use regulations of this title.

C.

No use shall be deemed nonconforming if it was lawfully commenced and the only provision of this title not being met is the provision of the minimum amount of on-site parking or loading area.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.90.040 - Nonconforming structures.

A.

A structure shall be deemed nonconforming if it was lawfully erected prior to the adoption or amendment of this title, but which now does not meet all of the provisions, standards, and requirements of this title applicable to structures.

B.

Except as provided in this chapter, no nonconforming structure shall be moved, altered, or enlarged so as to increase the amount of floor space or increase the difference between actual conditions and required standards regulating coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the applicable regulations of this title, unless required by law or unless the moving, alteration or enlargement will result in the compliance of the structure with this title.

C.

No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.

D.

Routine maintenance and repairs may be performed on a nonconforming structure.

E.

No new structure will be allowed if it will contribute to a nonconforming use, except in accordance with Section 18.90.070.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.90.050 - Nonconforming lots.

A.

A lot shall be deemed nonconforming if it was legally created in accordance with the state Subdivision Map Act prior to the adoption or amendment of this title, but which, does not meet all the provisions, standards, and requirements of this title applicable to lots.

B.

A nonconforming lot shall not be subdivided, nor its lot lines adjusted, unless the subdivision or lot line adjustment brings the lot into conformance with the provisions, standards, and requirements of this title applicable to lots or reduces the difference between actual conditions and required standards while not creating a new nonconforming use or structure.

C.

A nonconforming lot may be used for any use allowed in the zone district in which it is located.

D.

A structure conforming to the provisions of this title may be constructed on a nonconforming lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the zone district in which it is located.

B.

An agricultural crop production use that is nonconforming due to annexation, adoption, or amendment to this title, shall be allowed to continue, provided that the intensity of the agricultural crop production use shall not increase. If the intensity of a nonconforming agricultural crop production use is decreased, the use shall not be increased at a later time.

C.

An animal raising use that is nonconforming due to annexation or adoption or amendment to this title shall be allowed to continue, provided that the intensity of the animal raising use (i.e. type and number of animals) shall not change or increase. The provisions for abandonment or discontinuance shall not apply.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.90.070 - Expansion or reestablishment with conditional use permit.

A.

A nonconforming use may be expanded by up to ten percent of its existing floor area if a conditional use permit is granted, in accordance with Chapter 18.80. The expansion of a nonconforming use or structure may be allowed only one time per use.

B.

A nonconforming use that has been abandoned or discontinued for a period of more than six months, but less than eighteen months, may be reestablished if a conditional use permit is granted, in accordance with Chapter 18.80.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Whenever a nonconforming structure or a structure used for a nonconforming use is destroyed by fire or other calamity to the extent of fifty percent or more of its structural mass, or has been voluntarily razed, or is required by law to be razed, the structure may not be restored, except in full compliance with the requirements of this title for the zoning district in which it is located, and the nonconforming use shall not be resumed.

B.

If destruction of the nonconforming structure is to an extent less than fifty percent of the structural mass, the structure may be rebuilt and reused in its nonconforming status. The percentage of structural mass destroyed shall be determined by the building official.

C.

Within one year from destruction, the following may be reconstructed upon the approval of a conditional use permit, in accordance with Chapter 18.80:

1.

A nonconforming single-family or multi-family residential structure or use when located in a residential zone district.

2.

A nonconforming commercial structure or use when located in a commercial or industrial zone district.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.90.090 - Removal of certain nonconforming uses and structures.

A.

Upon receipt of a violation, the following shall be removed with thirty days, unless an alternative deadline is specified in the violation notice:

B.

A nonconforming use that does not occupy a structure or is using a structure having an assessed valuation of less than one thousand dollars shall be discontinued and completely removed or converted to a conforming status.

C.

Existing fences, walls and hedges that do not conform to the provisions of this title governing the placement of fences, walls and hedges in relation to street intersections or encroachment into the public right-of-way, shall be removed or modified to conform to the provisions of this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

If the area of the lot is reduced by eminent domain, the provisions for nonconforming lots and structures shall apply, but the provisions for nonconforming uses shall not apply.

B.

If a required yard or setback area is reduced or eliminated by eminent domain, any affected building or structure shall be deemed nonconforming; provided, however, such building or structure may be structurally altered so long as such alterations comply with all the other requirements of the zoning district.

C.

If any required parking space on a lot is reduced or eliminated by eminent domain, the use shall not be deemed nonconforming solely because of lack of required parking spaces.

A.

A nonconforming use may be changed to another nonconforming use upon approval of a conditional use permit, in accordance with Chapter 18.80.

B.

A conditional use permit to change from one nonconforming use to another nonconforming use may only be granted if all the following findings are made by the approving authority:

1.

The proposed use will not alter the character of the zone district in which it is proposed to be located to any greater extent than the existing or preexisting nonconforming use;

2.

The proposed use will not create more vehicular traffic than the volume created by the existing or preexisting nonconforming use;

3.

The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable matter than the amount created by the existing or preexisting nonconforming use; and

4.

The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.92 - REASONABLE ACCOMMODATION

In order to make specific housing available to one or more individuals with disabilities, this chapter implements the policy of the city on requests for reasonable accommodation in its rules, policies, and

procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B). The policy of the city is to comply fully with the provisions of the Fair Housing Act.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

"Applicant" means any person with disabilities or their representative that is requesting a reasonable accommodation pursuant to this chapter.

"Department" means the community development department of the city of Chowchilla.

"Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

"Fair Housing Act" means the Federal Fair Housing Amendments Act of 1988, as amended.

"Person with disabilities" means any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.030 - Reasonable accommodation request.

A.

Any person with disabilities and eligible under the Fair Housing Act or their representative may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the city as provided by the Fair Housing Act pursuant to the procedures set out in this chapter.

B.

Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.040 - Notice to the public of availability of accommodation process.

The department shall prominently display a notice at the counter in the community development department and finance department advising that persons with disabilities or their representatives may request a reasonable accommodation in accordance with the procedures established in this chapter.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.050 - Requesting reasonable accommodation.

A.

A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures may be made orally or in writing. The department will assist the applicant with furnishing the department all information necessary for processing the reasonable accommodation request, including that information which the department deems necessary to complete a reasonable accommodation request.

B.

The department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Should the information provided by the applicant to the department include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the department, to the extent allowed by law, treat such medical information as confidential information of the applicant.

B.

Medical Information. The department shall provide written notice to the applicant of any request received by the department for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the department. The department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The applicant shall submit a request for reasonable accommodation in a form acceptable to the department. The application shall include the following information:

1.

The applicant's name, address and telephone number;

The address of the property for which the request is being made;

3.

The name and address of the property owner, and the owner's written consent to the application;

4.

The current actual use of the property;

5.

The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical or mental limitations;

6.

The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

7.

The type of accommodation sought;

8.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

9.

Copies of memoranda, correspondence, pictures, plans or other background information reasonably necessary to reach a decision regarding the need for the accommodation; and

B.

If the project for which the reasonable accommodation is being requested also requires some other discretionary permit per this title or Title 16 (subdivisions), then the reasonable accommodation request shall be acted on before proceeding with the public hearing for the discretionary permit applications.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The director shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the department, it will be referred to the

director/designee for review and consideration. The director shall issue a written determination within thirty days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested and by regular mail.

B.

Requests for Additional Information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the director/designee may, prior to the end of said thirty-day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have fifteen days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty-day period to issue a written determination shall be stayed. The director shall issue a written determination within thirty days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen-day period, the director shall issue a written determination within thirty days after expiration of said fifteen-day period.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:

1.

Whether the housing that is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under federal fair housing laws;

2.

Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;

3.

Whether the requested accommodation would require a fundamental alteration to the city's zoning scheme, as "fundamental alteration" is defined in fair housing laws and interpretive case law;

4.

Whether the requested accommodation would impose undue financial or administrative burdens on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.

B.

A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Fair Housing Act. This ordinance does not obligate the city to grant any accommodation request unless required by the provisions of the Fair Housing Act or applicable California state law.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

18.92.100 - Appeals.

A.

The applicant may appeal the decision within thirty days of the date the mailing of the decision to the applicant.

B.

Appeals shall contain a statement of the grounds for the appeal.

C.

If an applicant needs assistance in appealing a decision, the department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.

D.

Appeals shall be to the city council who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than thirty days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 18.92.090 and shall be consistent with the Fair Housing Act.

E.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter or an appeal of the decision. Nothing in this chapter obligates the city to pay an applicant's attorney fee.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

While an application for reasonable accommodation or appeal of said application is pending before the city, the city will not enforce the subject zoning ordinance against the applicant.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Chapter 18.94 - HOUSING ELEMENT SITES

The purpose of this chapter is to create procedures to implement State Housing Element Law related to sites that are identified by the Housing Element of the General Plan and its associated implementation programs.

(Ord. No. 524-25, § 1, 3-11-2025)

18.94.020 - Applicability.

These regulations shall apply to the Sites Inventory and Prior Housing Element Sites identified in the most recently adopted Housing Element.

(Ord. No. 524-25, § 1, 3-11-2025)

18.94.030 - Definitions.

For the purposes of this chapter, the following words and phrases are defined as follows.

A.

"Housing Development Project" has the same meaning as defined in paragraph (3) of subdivision (b) of California Government Code Section 65905.5.

B.

"Housing Element Sites" means sites listed on the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of the California Government Code Section 65583 that exists in the adopted Housing Element.

C.

"Lower Income Households" has the same meaning as defined in Health and Safety Code Section 50079.5.

D.

"Ministerial Approval" means a process for development approval to approve a "use by right" as this term is defined in California Government Code Section 65583.2(i).

E.

"Prior Housing Element Sites" means Housing Element Sites identified as meeting the criteria for a prior housing element site in the most recently adopted Housing Element, including non-vacant sites that were identified in the prior Housing Element and vacant sites that were identified in the prior two Housing Elements.

(Ord. No. 524-25, § 1, 3-11-2025)

18.94.040 - Approval Requirements.

A.

Prior Housing Element Sites. If a Housing Development Project is proposed on a Prior Housing Element Site and at least twenty percent of the project's units will be made affordable and available to Lower Income Households, then the project shall be subject to ministerial approval pursuant to California Government Code Section 65583.2(i) and thus not subject to CEQA. Projects will be reviewed against the requirements in municipal code, general plan specific plans, and any applicable objective design standards. No discretionary conditions will be administered, and the project will not be subject to appeal before a discretionary body. The interpretation of objective requirements may be appealed by the applicant to the appropriate decision-making body

(Ord. No. 524-25, § 1, 3-11-2025)

Chapter 18.96 - DEFINITION OF LAND USES

The purpose of this chapter is to establish definitions for the identified land uses in this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.96.020 - Land use definitions.

The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition, but refers to the line item of that land use in Table 18.08.020 and Table 18.08.030.

"Accessory building or structure" means a structure which is subordinate to and the use of which is customarily incidental to, that of the main building, structure or use on the same site, including patio covers. If any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. (41)

"Accessory dwelling" means a secondary dwelling with its own kitchen, living area, and separate entrance that shares the lot of a larger primary dwelling. (30)

"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, and accessory use does not alter the principal use of the site. (41)

"Adult day health care center." See Residential care facility. (H13)

"Adult family daycare, large." See Daycare, adult family large. (L13)

"Adult family daycare, small." See Daycare, adult family small. (L12)

"Adult entertainment establishment" means any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter establishment, adult model studio or any other business or establishment that offers its patrons services or entertainment characterized by an

emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state law. (I1)

"Agricultural crop production" means the use of land for farming, horticulture, floriculture, viticulture, apiaries, tree and sod farms, animal and poultry husbandry, and accessory activities, including, but not limited to, storage, associated maintenance of equipment, harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1)

harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1)

"Agricultural products packing, packaging, preparing or processing" means a facility performing any processing or packaging of crops after harvest, whether or not value is added, to prepare them for market on-site or for further processing and packaging elsewhere, including but not limited to: alfalfa and hay cubing; corn shelling; drying of corn, rice, hay, fruits or vegetables; pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packing of fruits and vegetables; canning, freezing, or preserving fruits and vegetables; tree nut hulling and shelling; and alcohol fuel production. Any of the above activities performed in the field with mobile equipment not involving permanent buildings are included under "agricultural crop production." It includes related accessory uses such as offices, laboratories, retail sales of agricultural products produced on the premises or off-site by the operator, retail sales of agriculturerelated promotional and/or educational items, and facility tours. Does not include "wineries," "commercial cannabis activity," "commercial cannabis activity," "cannabis cultivation," or sorting and packing activities conducted within a permitted roadside stand. (D2)

"Airport or heliport" means an area of land, water or a structural surface that is used for the landing and takeoff of airplanes and/or helicopters, and any appurtenant areas or buildings that are used for maintenance, servicing, or storing of aircraft, and for services provided to pilots or passengers. (K1)

"Ambulance service" means the provision by a licensed ambulance provider of ground transportation of a sick or injured person in a specially designed and equipped vehicle which includes a trained ambulance attendant who is licensed or certified as required by state law. (J1)

"Animal raising" means the care and breeding of domestic agricultural animals such as chickens and other fowl, horses, goats, or cows. (D3)

"Art school." See School, charter, trade, vocational, art, business, or professional. (C13)

"Artisan food and beverage production and sales" means small scale production and/or preparation of food and/or beverages made on site with minimal automated processes involved and may include direct sales to consumers and product tasting. This definition includes uses such as small batch food producers and bakeries, small batch candy shops, cheese makers, and herbal remedies. The definition does not include production of beer, wine, or other alcoholic beverages. (B1)

"Assembly, place of." See Club, lodge, or private meeting hall (C3) or Religious institution or facility. (C10)

"Assisted living, skilled nursing, or hospice facility" means a residential complex providing skilled nursing care on an intermittent, extended, or continuous basis to residents, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, and meals can also be provided in a central location. (1) (H1)

"Athletic complex or ball field" means a field, outdoor court, outdoor swimming pool, stadium or group of these used for sporting activities such as baseball, softball, football, basketball, swimming, or other sports, and is not operated as a commercial enterprise. (G1)

"Auction or sales house" means a fully enclosed establishment where items are offered for sale through competitive bidding. It does not include foreclosure, real estate or personal property sales conducted upon the site of the estate, foreclosed or for sale property or property belonging to the personal property owner. It does not include "swap meet or flea market" or "auction or sales yard." (I2)

"Auction or sales yard" means an outdoor or open air facility where items are offered for sale through competitive bidding. Items typically include motor vehicles, heavy equipment, items of an industrial nature, livestock, or items not normally found within retail stores. It does not include "swap meet or flea market." It may also have an indoor component similar to an auction or sales house. (I3)

"Auditorium" means a large room or building used for public gatherings typically open to the general public to watch and/or listen to a performance, speech, or concert. It does not include "theater, live or movie." (C1)

"Automated teller machine (ATM)" means a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals, from remote locations. (A1)

"Ball field." See Athletic complex or ball field. (G1)

"Bank or credit union, main branch" means an institution providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, loan services, or merchant banking services. This use excludes a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J2)

"Bar, nightclub, or lounge" means an establishment that provides alcoholic beverages for consumption on the site and may or may not provide food service, and that may provide live entertainment and/or dancing. This use typically requires an ABC Type 40, 42, 48, 60, or 61 license. (B2)

"Barbershop, hair salon, nail care, massage therapy, or day spa" means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided. This use includes the application of permanent facial makeup, but does not include other forms of tattooing or body art application. (J3)

"Bed and breakfast inn" means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically requires an ABC Type 67 license. (2) (H2)

"Boarding house or rooming house" means a building containing a single dwelling unit and provisions for five or more guests, where lodging is provided with or without meals for compensation. This definition does not include assisted living, skilled nursing, or hospice facility, bed and breakfast inn, or residential care facility. (3) (H3)

"Boat, recreational vehicle (RV), and truck sales" means an open area or building, other than a street, used for the display, sale, or rental of new or used boats, campers, camper trailers, recreational vehicles, trucks over one-ton class, and other vehicles or sporting equipment of similar size, and where no repair work is done except minor incidental repairs and servicing of vehicles and equipment to be displayed, sold or rented on the premises. (I6)

"Brewery, winery, or distillery" is an establishment that manufactures beer, wine, distilled spirits or similar alcoholic beverages, including processing, storage, aging, packaging, bottling, and shipping. Consumption can occur on or off the site in accordance with the establishment's ABC license restrictions and can include tasting facilities and/or a restaurant. This use typically requires an ABC Type 01, 02, 03, or 04 license. (D4)

"Brewpub" means a restaurant that also brews limited amounts of beer (less than five thousand barrels) for consumption on the site. This use typically requires an ABC Type 75 license. (B3)

"Building materials and supply or home improvement store" means an establishment selling a mix of lumber, building materials, tools, residential appliances, nursery items, and home furnishings. (I7)

"Bus, transit, or train station" means a terminal facility where transit vehicles load or unload passengers, along with supporting services such as ticket sales and waiting areas. Bus, transit, or train station does not include a transit stop along a route in the public right-of-way where no additional services are provided. (K2)

"Business school." See School, charter, trade, vocational, art, business, or professional. (C13)

"Business support service" means an establishment providing primarily other businesses with a mix of services that can include word processing, desktop publishing, spreadsheet design, telephone answering, mail receiving and forwarding, packing and shipping, bookkeeping, and photocopying, and can include indoor storage rental, and/or small office space rental when provided with these services. (E1)

"Call center" means an office used primarily for receiving or transmitting a large volume of requests by telephone to administer product support or information inquiries from consumers or to conduct telemarketing, solicitation of charitable or political donations, debt collection, or market research. (E2)

"Cannabis cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose. (50) (51) (L1) (L2)

"Cannabis delivery" shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the state of California under the MCRSA or AUMA that enables anyone to arrange for a

commercial transfer, up to an amount determined to be authorized by the state of California, or any of its departments or divisions, to anyone for any purpose. (52) (L3)

"Cannabis dispensary" means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale. (58) (L9)

"Cannabis distribution" means the wholesale procurement, and sale, of cannabis or cannabis products between entities licensed pursuant to MCRSA, AUMA and any subsequent state of California legislation regarding the same. (53) (L4)

"Cannabis laboratory testing" means offering or performing testing and/or activities relating to evaluation of, or assessing the quality and/or characteristics of, cannabis or cannabis products; carried out by any entity, accredited and licensed by the state of California, bureau of marijuana control, or otherwise accredited by any other independent accrediting body, within a facility or at any other location. (54) (L5)

"Cannabis manufacturing" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (55) (L6)

"Cannabis product" means a product containing medical cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

f 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

"Cannabis transporting" means the conveyance by a person, issued a state license authorizing the pointto-point movement of cannabis or cannabis products, in amounts authorized by the state of California, or by one of its departments or divisions under the MCRSA and/or AUMA. (60) (L11)

"Car wash, automatic or full service" means a facility for washing vehicles using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by equipment, the facility's employees, or both. (J4)

"Car wash, self-service" means a facility for washing vehicles where the user of the vehicle uses handheld equipment, typically coin-operated, to wash the vehicle. (J5)

"Card room" means an establishment providing legal gambling combine with card games, and can include a restaurant, bar, or other ancillary entertainment. (C2)

"Caretaker residence or quarters" is a residence that is accessory to a primary use of the site, for housing a persons or persons who are tasked with caring for or securing the site on a part-time or full-time basis. Second dwelling unit includes caretaker residence or quarters in residential zones. (A2)

"Carnival or circus" means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games. Carnival or circus does not include a non-profit event sponsored by a local school or religious institution. (C4)

"Carpet cleaning and dyeing" means an establishment that provides for the cleaning and dyeing of rugs, carpet, and upholstery. (J6)

"Cemetery" means land and facilities used or intended to be used for the burial or interment of the dead, and includes a columbarium, crematorium, mausoleum and/or mortuary when operated in conjunction with and within the boundary of the facility. (F1)

"Charter school." See School, charter, trade, vocational, art, business, or professional. (C13)

"Check cashing establishment." See Payday lender or checking cashing establishment. (J20)

"Child care center." See Daycare center. (L16)

"Club, lodge, or private meeting hall" means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3)

ting hall" means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3)

"Cold storage or ice house" means a facility for the storage food or other items in an artificially cooled place for the purpose of preservation, and/or for producing large amounts of ice. (K3)

"College or university, private or public" means a school or group of schools that provides post- secondary education usually resulting in a degree. (C5)

"Clinic, medical." See Urgent care center or other walk-in clinic. (E9)

"Commercial recreation facility, indoor" means indoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include indoor uses such as, but are not limited to, a bowling alley, bounce house, skating rink, batting cage, miniature golf, swimming pool, climbing wall, arcade, and similar uses. Food and beverage service can be provided as an ancillary use. (G2)

"Commercial recreation facility, outdoor" means outdoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include outdoor uses such as, but are not limited to, a batting cage, miniature golf, water slide, go-cart racing, and similar uses. Food and beverage service can be provided as an ancillary use. (G3)

"Communications equipment building." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4)

"Community center or facility" means an assembly building used typically for non-profit social, recreational, and cultural activities. (61) (F2)

"Community garden" means an area of land managed and maintained by an individual or group to grow and harvest food and horticultural products for personal or group consumption. The garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. (F3)

"Construction materials recycling" means a yard or facility that collects leftover construction materials that may be recycled or reused as an alternative to disposal in landfill site. Examples of construction materials include lumber, drywall, masonry, cabinets, metals and appliances, cardboard and paper, asphalt roofing, plastic and vinyl, doors and windows, tubs, sinks, and toilets. (J7)

"Convenience store, with or without fuel sales" means an establishment with extended operating hours and in a convenient location, stocking a limited range of household goods and groceries. Retail fuel sales may or may not also be provided. (I8)

"Convention or conference center" means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C6)

"Copy, printing, or mailing service" means an establishment providing printing, photocopying, engraving, binding, packaging, mailing and related services to both businesses and individuals. (J8)

"Cottage food operation" means a home-based business involving the preparation and/or packaging of certain foods in private-home kitchens for sale primarily by the resident family. (A3)

"Crematorium" is a structure or building substantially exposed above ground intended to be used for the cremation and/or interment of the cremated remains of a deceased person or animal. (J9)

"Daycare facility" means a facility providing supervision, feeding and nonmedical care of persons, usually but not necessarily children, for a time period of less than twenty-four hours. Daycare facilities are further divided into the following categories:

"Daycare, adult large family" means a facility licensed by the state of California that is located in a singleunit residence or other dwelling unit where a resident of the dwelling provides care and supervision for up to twelve adults over the age of eighteen for periods of less than twenty-four hours a day. (63) (L13)

"Daycare, adult small family" means a facility licensed by the state of California that is located in a singleunit residence or other dwelling unit where a resident of the dwelling provides care and supervision for up to six adults over the age of eighteen for periods of less than twenty-four hours a day. (62) (L12)

"Daycare, large family" means regularly provided care, protection, and supervision of children, in the caregiver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away for seven to fourteen children. (65) (L15)

"Daycare, small family" means regularly provided care, protection, and supervision of children, in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or authorized

representatives are away for up to eight children. (64) (L14)

"Daycare center" means any adult or child care facility of any capacity, other than a family care home, in which less than twenty-four-hour per day nonmedical care and supervision are provided in a group setting. This classification includes nursery schools, preschools, and daycare facilities for children or adults, and any other daycare facility licensed by the state of California. (66) (A4) (L16)

"Day spa." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3)

"Drive-thru pick-up window" means the ancillary use of a window or other opening in the wall of building through which goods, or services are provided directly to customers in motor vehicles. (A5) (A6)

"Dry cleaning or laundromat" means an establishment providing laundry, dry cleaning, and other related services for individual customers on a pick-up and drop-off basis or where with coin- operated washing and drying machines are available for customer use. (J10)

"Duplex." See Multi-family dwelling. (11) (12) (13) (H9) (H10) (H11)

"Dwelling, accessory." See Accessory dwelling. (30)

"Dwelling, multiple-family." See Multi-family dwelling. (11) (12) (13) (H9) (H10) (H11)

"Dwelling, single-family." See Single-family dwelling. (17) (18) (H16) (H17)

"Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank" means the assembly of above-ground buildings or equipment on a separate lot that is part of a system for the distribution or transmission of electric power, natural gas, domestic water, or communications. Wireless communication facilities are not included in this definition. (F4)

"Electric vehicle recharging facility" means one or more publicly available parking spaces served by electric vehicle service equipment and is typically an ancillary use in a parking garage or parking lot. (A7)

"Elevated pressure tank." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4)

"Emergency shelter" means a facility providing housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less where housing is not denied because of an inability to pay. Such a facility must include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. (4) (H4)

"Employee housing" means property used temporarily or seasonally (not more than one hundred eighty days in any calendar year) for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on or off site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boarding house, tent (only temporary occupancy), bunkhouse (only temporary occupancy), mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one or more buildings, or one or more sites, and the premises upon which they are situated, including area set aside for parking of mobilehomes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing

accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle pursuant to Health and Safety Code Section 17021.5. Specifically, there are two types of employee housing as follows:

1.

Employee Housing, Large: Employee housing that serves more than six employees and consists of no more than thirty-six beds in group quarters or twelve units or spaces designed for use by a single family or household. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes.

2.

Employee Housing, Small: Employee housing that serves six or fewer employees. (5) (H5)

"Equipment rental yard" means an establishment offering a wide variety of large equipment or tools for rent, much of which is stored outdoors when not being used. (J11)

"Exterminator or pest control service" means an establishment specializing in the elimination of vermin, insects, or other similar pests from a building or grounds, especially by the controlled application of toxic chemicals. (J12)

"Fairgrounds" means an area with indoor and outdoor facilities where fairs, circuses, or exhibitions are held. (F5)

"Farmers market" means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10)

"Feed and seed store" means an establishment that provides feed, seed, and animal and agricultural supplies primarily in bulk quantities. (I11)

"Food catering" means an establishment that prepares and delivers food and beverages for off- site consumption, typically at a special event, without provision for on-site pickup or consumption. (J13)

"Food locker" means an establishment that rents lockers, compartments, or space for the storage of frozen food. A food locker may also include the preparation or dressing of animal carcasses for consumption but does not include the slaughtering of animals. (K4)

"Food market" means an establishment that provides a wide variety of fresh produce and meat, canned and packaged food items, small household goods, and similar items that are typically consumed and used off premises. It can also contain a section where prepared foods are sold and consumed on site. (I12)

"Food produce stand" means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. (I13)

"Fortune telling" means an establishment where people's fortunes are predicted through the use of astrology, card reading, numerology, etc. (J14)

"Fuel distributing" means a facility that is a base of operations for the bulk distribution of gasoline, propane, butane, or other another site. (J15)

"Fuel sales, fleet, or cardlock" means an establishment that is typically unattended and provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels mainly for commercial fleet vehicles. (I14)

"Fuel sales, retail" means an establishment that provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels directly to consumers. (I15)

"Funeral home or mortuary" means an establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. It can include an area where funeral vehicles are stored, and caskets and other funeral supplies are sold. (C7)

"Games of skill or amusement" means machines, devices or apparatus, the operation or use of which is made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement. This use does not include games, machines, or devices used for a purpose that is prohibited by law. (A9) (A10)

"Garden shop" means an establishment that provides live plants and related products mainly to residential consumers, with a portion of the establishment typically located outdoors. (I16)

"Gas regulator station." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4)

"Gas station." See Fuel sales, retail. (I15)

"Golf course or country club" means one or more golf courses, with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart storage and sales facilities. (G4)

"Government office; local, state, or federal" means a facility owned or operated by a local, state, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemetery, post office, or public safety facility. (F9)

"Guest house" means an accessory building not intended for permanent occupancy which does not have separate cooking facilities from the primary residence. (34)

"Hair salon." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3)

"Hazardous waste facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25117.1.) (D5)

"Health or fitness facility, large" means a fitness center, gymnasium, health club or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5)

"Health or fitness facility, small" means a fitness center, health club or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G6)

"Heliport." See Airport or heliport. (K1)

"Home occupation" means a commercial business activity conducted as an accessory use within a residence. (A11)

"Hospital, general or psychiatric" means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E5)

"Hotel or motel" means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis, and typically providing ancillary services such as a restaurant, lounge, pool or exercise room, meeting rooms, and/or other personal services. Alcoholic beverages served to overnight guests outside of a restaurant or bar/lounge typically requires an ABC Type 70 license. (7) (H6)

"Industrial or manufacturing facility, heavy" means a facility that manufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials. This use includes operations such as biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This use does not include agricultural products processing. (D6)

"Industrial or manufacturing facility, light" means a facility that manufactures products from previously prepared materials completely within an enclosed building, and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign production or manufacturing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)

"Junkyard, wrecking yard, or salvage facility" means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three non-operating vehicles, or machinery for a period of more than thirty days. (K5)

"Keeping of household pets" means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of animal raising, and typically including dogs, cats, birds, fish or other similar sized animals. Also, see Animal raising. (A12)

"Kennel or animal boarding" means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (J16)

"Laboratory, general, medical, or dental" means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E4)

"Landscape nursery" means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location typically to both retailer and wholesale customers. (I17)

"Large family daycare." See Daycare, large family. (L4)

"Library, museum, or cultural facility" means a facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. (C8)

"Linen, diaper or uniform supply service" means an establishment providing high volume laundry and garment services, including power laundries (family and commercial), garment pressing and dry cleaning, linen supply, diaper service, and industrial laundries. This use does not include dry cleaning or laundromat. (J17)

"Liquor store" means an establishment that provides for the sale of alcoholic beverages such as beer, wine, and/or distilled spirits for consumption off the site, along with other retail items. This use typically requires an ABC Type 20 or 21 license. Limited consumption on the site can occur only when the appropriate ABC license is obtained, typically an ABC Type 86 license. (I18)

"Live/work facility" means a building that combines a complete dwelling unit with a commercial or office work space, with both occupancies used by the same person or family. (H7)

"Lodge." See Club, lodge, or private meeting hall (C3)

"Lounge." See Bar, nightclub, or lounge. (B2)

"Low Barrier Navigation Center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (H21)

"Lumberyard." See Building materials and supply or home improvement store. (I7)

"Manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (8)

"Manufactured home sales yard" means an establishment that stores and provides manufactured homes, typically in an open setting with a sales office. (I19)

"Massage therapy." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3)

"Meat packing or slaughterhouse" means a facility used for the killing or dressing of animals, including cattle, sheep, swine, goats, horses, or poultry, and the storage, freezing, curing, or packaging of meat or meat products. (D8)

"Meat packing or slaughterhouse" means a facility that slaughters animals and/or packages animal meat for food. (D8)

"Microbrewery" means an establishment that produces small batches of beer for sale on or off of the site and may or may not include food service. Typically, a microbrewery produces fewer than fifteen thousand barrels of beer or ale per year. This use typically requires an ABC Type 23 license. (B4)

"Mining, quarry, or sand and gravel excavation" means an area of land where rock, ore, stone and similar materials are excavated and processed for sale for use off-site. (D9)

"Mini-warehouse or self-storage facility" means an establishment providing rental space, such as rooms, lockers, or containers for the storage of goods and materials, typically on a monthly basis. This use does not include Food locker or Warehouse or distribution center. (K6)

"Mobilehome" means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (9)

"Mobilehome park" means an area of land where two or more mobilehome sites are rented or leased, or offered for rent or lease, to accommodate mobilehomes or manufactured homes used as a residence. (10) (H8)

"Mobile food vendor" means any motorized vehicle, motorized cart, trailer pulled by a motorized vehicle, or any motorized conveyance from which food is peddled or sold for sale. (A13)

"Motel." See Hotel or motel. (H6)

"Motor vehicle repair or service, major" means an establishment that provides major repair or servicing of motor vehicles, such as body, chassis, engine, transmission, or exhaust repair or modification. (J18)

"Motor vehicle repair or service, minor" means an establishment that provides minor repair or servicing of motor vehicles, such as the replacement of tires or batteries, smog inspection, window tinting, car stereo installation, oil and filter change, wheel alignment, and fluid flushing, refill, or replacement. This could also include: outboard or marine-use equipment, off-road equipment, or equipment that is classified under one thousand two hundred cubic centimeters. (J19)

"Multi-family dwelling" means a building or group of buildings in one complex with multiple separate housing units. A multi-family dwelling can have two units (a duplex,) three units (a triplex,) four units (a fourplex,) or five or more units. Multi-family dwelling includes a mixed use building that also provides separate space for commercial or office use, but does not include an attached single-family dwelling. (10) (11) (12) (H9) (H10) (H11)

"Nail care." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3)

"News, magazine, or flower stand, outdoor" means an establishment that provides newspapers, magazines, flowers, or other similar goods, typically to pedestrians passing by, in a permanent structure open to the outdoors. This use does not include sales from temporary booths or structures. (I20)

"Nightclub." See Bar, nightclub, or lounge. (B2)

"Office; medical, dental, or optometry" means an establishment that provides services, typically by appointment, dealing with human health including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include barbershop, hair salon, nail care, massage therapy, or day spa. (E6)

"Offices, professional or commercial" means an establishment that provides administrative, clerical, technical, professional or similar business services and typically where products or goods are not provided. Examples include escrow and title, insurance, mortgage, real estate, accounting, architecture, graphic design, finance, consulting, engineering, legal, and similar services. (E7)

"Optical retailer" means an establishment that provides prescription eyeglasses and contact lenses, and where optometry services are not provided on the site. Prescription eyeglasses and contact lenses may be made on the premises. (I24)

"Outdoor advertising structure" means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off-site. (A14)

"Outdoor storage" means the storage of goods or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (A15)

"Park or playground" means an open area typically landscaped and containing play equipment that provides rest and recreation, usually owned by a public agency or homeowner's association. (69) (G7)

"Parking facility, off-site" means an area, lot, or structure with one or more levels, other than a street or other public right-of-way, that provides for the parking of motor vehicles as a primary use on the site. This use does not include parking areas or lots that are ancillary and specifically intended to provide parking for the primary use on the site. (K7)

"Pawn shop" means an establishment that provides secured loans to customers, with items of personal property used as collateral. (I21)

"Payday lender or check cashing establishment" is an establishment that cashes checks, warrants, or money orders for a fee, and/or provides shortterm loans, usually at a high interest rate, that must be paid in full when the borrower receives their next paycheck. This use does not include bank or credit union. (J20)

"Pet grooming" is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This use does not include kennel or animal boarding. (J21)

"Pet store" means an establishment where dogs, cats, or other small animals are kept and offered for sale. (I22)

"Pharmacy" means an establishment that provides prescription drugs under the supervision of a pharmacist and can also provide other retail products. (E8)

"Photography studio" means an establishment where customers can have their portraits taken professionally. (J22)

"Pool hall or billiard parlor" means an establishment where pool and/or billiard games are played for a fee. (C9)

"Post office" means a facility that accepts, processes, and sorts mail, operated by the United States Postal Service. (F7)

"Private meeting hall." See Club, lodge, or private meeting hall (C3)

"Produce stand." See Food produce stand. (I13)

"Professional school." See School, charter, trade, vocational, art, business, or professional. (C13)

"Public corporation yard, utility yard, or vehicle and heavy equipment maintenance and storage yard" means a facility that provides for maintenance, servicing, or storage of fleet vehicles, equipment, or supplies, or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, government service, or similar activity. (F8)

"Public safety facility or station" means a facility that is a base for providing public safety and emergency services, including police, fire protection and emergency services. This use does not include ambulance service. (F9)

"Public service pumping station." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4)

"Recreational vehicle park" means a lot or area of land where two or more spaces are rented to users of recreational vehicles for overnight parking and use, and that typically provide support services, such as utility hookups and sewer dump facilities. (14) (H12)

"Recycling, large collection facility" means a facility located in an area of over five hundred square feet that accepts recyclable materials from the public by donation, redemption, or purchase for temporary storage and transport to a processing and sorting facility. (J24)

"Recycling, processing or sorting facility" means a facility used for the collection, processing and preparation of recyclable material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J25)

"Recycling, small collection facility" means facility located in an area of not more than five hundred square feet that provides for the redemption of California CRV redeemable beverage containers by means of a kiosk, container, mobile unit, reverse vending machine or other collection method. (J24)

"Religious institution or facility" means a facility used primarily to gather for religious worship and related religious activities. (70) (C10)

"Repair shop, large appliance or equipment" means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on-site and includes repair of large, motorized equipment that are not vehicles including, but not limited to, outboard or marine-use equipment, off-road equipment, or equipment that is classified under one thousand two hundred cubic centimeters. (J26)

"Repair shop, small appliance or equipment" means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or work bench. This use typically provides all of its service on-site, and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J27)

"Research and development facility" means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D10)

"Residential care facility" means a single-family dwelling, group care facility, or similar facility licensed by the state of California for twenty-four-hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. (15) (16) (H13) (H14)

"Residential dwelling located in the same building with office or commercial use" means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H15)

"Restaurant, full service" means an establishment providing preparation and sale of a variety of food and beverages with full table service by wait staff. Takeout or delivery service and/or live entertainment may also be provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B5) (B6) (B7)

"Restaurant, limited service with drive-thru pickup window" means an establishment providing preparation and sale of a variety of food and beverages for consumption on or off the site by ordering and paying at a counter or drive-thru window. Delivery service and/or live entertainment may also be provided. (B8) (B9)

"Restaurant, limited service without drive-thru pickup window" means an establishment providing preparation and sale of a variety of food and beverages by ordering and paying at a counter. Takeout or delivery service and/or live entertainment may also be provided. Drive-thru pickup windows are not provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B10)

"Retail sales solely via internet, direct mail, or telephone" means an establishment providing retail products for sale and delivery only via internet, direct mail, or telephone communication, with a floor space for storage of products of less than five thousand square feet. This use does not include a call center or a

warehouse or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I24)

"Retail sales store" means an establishment providing retail products. This use includes all retail sales establishments that are not more specifically defined in this chapter. (I23)

"Rooming house." See Boarding house or rooming house. (3) (H3)

"School, charter, trade, vocational, business, or professional" means a facility that is operated either with public funds under a charter contract or with private funds, and that offers specific educational instruction to children and/or adults. This use includes charter schools, secretarial schools, beauty and cosmetology schools, modeling schools, language schools, computer or electronics training schools, arts schools, and automotive repair schools, and similar specialized schools. (C13)

"School, private (kindergarten to 12th grade)" means a facility owned and/or operated by a private entity that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include home schooling at a residence. (72) (C11)

"School, public (kindergarten to 12th grade)" means a facility owned and/or operated by a publicly funded school district that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include a charter school. (73) (C12)

"Scrap metal processing." See Junk yard, wrecking yard, or salvage yard. (K5)

"Secondhand or thrift store" means an establishment that accepts donations of secondhand items and clothing, and is typically operated for charitable purposes. (I25)

"Self-storage facility." See self-storage facility (71) (K6)

"Service station." See Fuel sales, retail, and motor vehicle repair or service, minor. (I15) (J19)

"Shooting range, indoor" means an establishment that is used for archery or firearms practice in a fullyenclosed facility. (J28)

"Shooting range, outdoor" means an establishment that is used for archery or firearms practice, either wholly or partially outdoors. (J29)

"Sign manufacturing and production." See Industrial or manufacturing facility, light. (D7)

"Single-family dwelling, attached" means a building with two residential dwelling units located on portions of two lots with a building firewall along the lot line, such that the dwelling units may be sold separately. (17) (H16)

"Single-family dwelling, detached" means a building with one residential dwelling unit located on one lot. (18) (H17)

"Single-room occupancy (SRO)" means a residential facility of two or more separate individual rooms with typically less than five hundred square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. Single-room occupancy does not include Hotel or motel. (19) (H18)

"Small family daycare." See Daycare, small family. (64)

"Social service office, assistance center, or guidance center" means a facility that provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of economic hardship, mental disability, alcoholism, detention, drug addiction, or similar conditions. This use does not include facilities that provide overnight stay. (F10)

"Specialty construction or trade service" means an establishment that provides construction, installation or maintenance services activities that are typically specialized trade activities, and where some of the service may be provided off-site. This use includes establishments that provide services such as plumbing, electrical work, painting, irrigation, heating/air conditioning, and masonry. This use does not include repair shop or motor vehicle repair or service. (J30)

"Storm drainage basin, with or without a park" means a facility that collects storm water from off-site locations into a sunken basin. The facility may be inaccessible to the public, or may be designed to provide partial public access for recreational use. (74) (F11)

"Studio for martial arts, music, dance, yoga, exercise, gymnastics or similar" means a facility that provides group or individualized instruction in a specific activity typically related to the arts. This use does not include health or fitness facility. (C14)

"Supportive housing" is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in Health and Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned eighteen). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. (20) (H19)

"Swap meet or flea market" means a facility that provides typically compartmentalized space, either indoors or outdoors, to vendors who sell or barter merchandise. This use does not include 'farmers market,' 'auction or sales house,' or 'auction or sales yard.' (I26)

"Tailoring or clothing alterations" means an establishment that provides custom making or altering of clothing when not an ancillary use in a clothing store. (J31)

"Tattooing or body art" means an establishment that provides tattooing, body piercing, and other forms of body art allowed by the California Health and Safety Code, except that body art involving ear piercing and permanent cosmetic application are not included and are considered ancillary uses in other establishments. (J32)

"Temporary materials or equipment storage yard" means a facility that is used to store, park, house, or prepare equipment, dirt, materials, or temporary offices or shops to support a construction or demolition

activity occurring on another site. (A16)

"Temporary sales office" means a facility that provides temporary office space to support the sale of residences or other structures and can include related parking. (A17)

"Theater, live or movie" means a facility with an auditorium for viewing movies, plays, acts, or other performances. (C15)

"Tobacco, smoke, or vape shop" means an establishment that provides tobacco or vape products or tobacco or vape related paraphernalia in an area greater than forty percent of its total available retail floor space. (I27)

"Trade school." See School, charter, trade, vocational, art, business, or professional. (C13)

"Transit station." See Bus, transit, or train station. (K2)

"Travel center." See Truck stop or travel center. (K8)

"Transitional housing" means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. (21) (H20)

"Truck stop or travel center" means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)

"Trucking or transportation terminal" means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9)

"Urgent care center or other walk-in clinic" means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room, typically without an appointment. This use includes urgent care centers, free clinics, hospital-based health clinics, and community health clinics, but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E9)

"Vehicle impound yard" means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)

"Vehicle sales, new and used" means an open area that can include buildings, other than a street, used for the display, sale, or rental of new and used vehicles along with incidental repairs and servicing of vehicles. (I4)

"Vehicle sales, used only" means an open area or building, other than a street, used for the display, sale or rental of used vehicles and where no repair work is done except minor incidental repairs and servicing of vehicles to be displayed, sold or rented on the premises. (I5)

"Vehicle wrecking yard." See Junk yard, wrecking yard, or salvage facility. (K5)

"Vending machines" means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice; food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but does not include fueling pumps. (A18)

"Veterinary clinic or office" means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J33)

"Veterinary hospital" means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J34)

"Vocational school." See School, charter, trade, vocational, art, business, or professional. (C13)

"Warehouse or distribution center" means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include Mini-warehouse or self-storage facility. (K11)

"Winery." See Brewery or winery. (D4)

"Wireless communication facility" means an unstaffed facility that transmits and receives wireless telecommunications, and typically consists of an antenna array, connection cables, and equipment room, and an antenna support structure tower, or pole. (F12)

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 519-24, § 5(Exh. A), 2-13-2024; Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Chapter 18.98 - DEFINITION OF TERMS

18.98.010 - Applicability

The terms, words, and phrases defined in this chapter shall apply to this title.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.98.020 - Definition of terms.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Abandoned" means failure to develop, maintain or use a building, structure or improvement or failure to conduct a use upon real property for a stated period of time.

"Abutting" means two or more parcels sharing a common boundary at least at one point.

"Access" means safe, adequate and usable ingress or egress to real property, structures or improvements.

"Action" means the decision made by the review authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable.

"Addition" means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area.

"Alley" is a public thoroughfare for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property.

"Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure.

"Antenna" means a device for transmitting or receiving radio, television or any other transmitted signal.

"Applicant" means owner(s) of property, or their agent(s) who are seeking privileges provided by this title.

"Attached" means any structure that has a wall or roof in common with another structure.

"Basement" means a portion of building partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground.

"Berm" means a mound or embankment of earth.

"Block" means a parcel of land surrounded by public streets, highways, freeways, railroad rights- of-way, flood control channels, creeks, washes, rivers or unsubdivided acreage or any combination thereof.

"Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, possessions, or property of any kind. Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.

"Building area" means the net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.

"Building height" means the vertical distance between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, vents, antennas, elevators, and similar mechanical equipment.

"Building, main" means a building in which the principal use of the real property is conducted.

"Building setback area, front" means an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front building setback area.

"Building setback area, interior side" means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the required rear building setback area or, where there is no required rear building setback area, to the rear lot line and from the interior side lot line to a setback line parallel thereto.

"Building setback area, rear" means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.

"Building setback area, side" means a building setback area between the side lot line and a line parallel thereto and extending from the front building setback area to the rear building setback area.

"Building setback area, street side" means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.

"Building site" means the ground area of a building together with all open spaces required by this title.

"Carport" means a permanent roofed structure not completely enclosed to be used for vehicle parking.

"City" means the city of Chowchilla.

"Commercial vehicle" means a vehicle customarily used a part of a business for the transportation of goods or people.

"Commission" means the planning commission of the city of Chowchilla.

"Conditional use" means a use that may locate within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety and welfare and will not impair the integrity and character of the zoned district.

"Conditional use permit (CUP)" means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement.

"Construction commencement" means the start of construction of a substantial portion on-site and off-site structural improvements after a building permit has been issued.

"Council" means the city council of the city of Chowchilla.

"County" means the county of Madera.

"Court" means an open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building.

"Days" means consecutive calendar days unless otherwise stated.

"Decibel (dB/dBA)" is a unit for describing the amplitude of sound, as it is heard by the human ear.

"Density" means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.

"Density bonus" means an increase in the allowable number of residences granted by the city or county in return for the project's providing low- or moderate-income housing. A housing development that provides twenty percent of its units for lower-income households, ten percent of its units for very-low income households, or fifty percent of its units for seniors is entitled to a density bonus and other concessions (See California Government Code section 65915).

"Design" means the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access;

grading; land to be dedicated for park or recreational purposes; building, structures and improvements and other such specific physical requirements.

"Detached" means any building or structure that does not have a wall or roof in common with any other building or structure.

"Development" means any change or alteration of real property or its boundary lines, and including, without limitation, the placement or erection of any solid material, structure or improvement thereon; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this title, "structure" includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A "project," as defined in Government Code Section 65931, is included with this definition.

"Development agreement" means a binding contract between a developer and a city or county establishing the conditions under which a particular development may occur. The local government "freezes" the regulations applicable to the site for an agreed upon period of time. (see California Government Code section 65864)

"Development permit" means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of specific property, subject to compliance with all terms and conditions imposed on the entitlement.

"Display area" means the area of a building in a retail sales store used to display goods that are for sale.

"Driveway" means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area.

"Dwelling" or "dwelling unit" means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a longterm basis.

"Easement" means a grant of property rights by the property owner to the public, or any specific person.

"Electric vehicle" means a vehicle that uses a plug-in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle.

"Electric vehicle service equipment" means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle.

"Establishment" means land, buildings, rooms, space, and/or equipment necessary for conducting business.

"Façade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

"Facility" means land, buildings, rooms, space, and/or equipment necessary for doing something.

"Family" is an individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind.

"FAR (floor area ratio)" is a measure of development intensity. FAR is the ratio of the floor area of a building to the area of its site. For instance, both a two-story building that covers an entire lot and a four-story building that covers one-half of a lot have a FAR of 2.

"Fence" means a barrier surrounding or located upon a parcel of real property or a portion thereof and intended to prevent escape or intrusion therefrom or to identify a boundary identity, including without limitation, screened, solid (ninety percent) or more closed to air, light and vision), open (fifty percent or more), or temporary and which may be constructed from wood, metal or masonry material or any combination thereof.

"Floor area" means the gross area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards.

"Furniture" means the things placed in a room which equips it for living. This normally includes beds, tables, chairs, sofas, desks, and shelves. Home appliances, outdoor/patio furniture, wall cabinets, garage storage units and home furnishing accessories are excluded from the definition of furniture.

"Garage" means an enclosed building, or a portion of an enclosed building used for the parking of vehicles.

"General plan" means a document adopted by the city council containing statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the city of Chowchilla.

"Glare" means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

"Grade" means the degree of rise of descent of a sloping surface.

"Grade, finished" means the final elevation of the ground surface after development.

"Grade, natural" means the elevation of the ground surface in its natural state before man-made alterations.

"Grading" means the stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.

"Gross acreage" means the total area within the lot lines of a lot or parcel of land before public streets, easements, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel

and does not include adjacent lands already dedicated for such purposes.

"Hazardous waste" means either of the following:

1.

A waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may either:

a.

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

b.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed;

2.

A waste which meets any of the criteria for the identification of a hazardous waste adopted by the state department of health services pursuant to Health and Safety Code Section 25117 or any other federal, state or local law or regulation;

3.

Resource Conservation and Recovery Act hazardous wastes;

4.

Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste and acutely hazardous waste. (Health and Safety Code Section 25117.)

"Improvement" means any item which becomes part of, placed upon, or is affixed to real estate.

"Infill development site" means a parcel or group of parcels that make up a site that is vacant or underutilized and is surrounded by developed land or parcels on at least seventy-five percent of its perimeter. Infill development sites include previously developed sites that may/will be redeveloped.

"Integrated shopping center" means a combination of three or more business establishments permitted or conditional permitted in the zone district in which they are located where off-street parking, landscaping, lighting, or other features are developed, managed and maintained jointly.

"Kitchen" means any room, all or any part of which is designed and/or used for cooking and the preparation of food.

"Landscaping" means an area devoted to, or developed and maintained predominantly with, native or exotic plant materials including lawn, groundcover, trees, shrubs and other plant materials; artificial turf and other permeable surfaces; and also including accessory decorative outdoor landscape elements such as

pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements.

"Land use" means a description of how land (real estate) is occupied or utilized.

"Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

"Lot" means a parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classifications of lots are:

1.

"Corner" means a lot located at the intersection of two or more streets at an angle of not more than one hundred thirty-five degrees. If the angle is greater than one hundred thirty-five degrees, the lot shall be considered an interior lot.

2.

"Flag" means a lot having access or an easement to a public or private street by a narrow, private right-ofway.

"Interior" means a lot abutting only one street.

4.

"Key" means a lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.

5.

"Reverse corner" means a corner lot, the rear of which abuts the side of another lot.

6.

"Through" means a lot having frontage on two generally parallel streets, with only one primary access. (See "Illustration of terms.").

"Lot area" means the net horizontal area within bounding lot lines after dedication.

"Lot coverage" means the area of a lot covered by buildings excluding eaves, projecting balconies, groundlevel paving, landscaping, and open recreational facilities.

"Lot depth" is the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.

"Lot frontage" means the portion of the lot contiguous to the street.

"Lot line" means any boundary of a lot. The classifications of lot lines are:

1.

"Front" means on an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the director). On a through lot, the lot line abutting the street providing the primary access to the lot.

2.

"Interior" means any lot line not abutting a street.

3.

"Rear" means a lot line, not intersecting a front lot line, which is most distant from and most closely parallel to the front lot line.

"Lot width" means the horizontal distance between side lot lines, measured at the front setback line.

"Mall" means a large building or series of connected buildings containing a variety of retail stores, restaurants, and entertainment activities including, but not limited to, such activities as theaters, arcades, amusement rides, rock-climbing and other indoor recreation opportunities that serve a regional population.

"Median" means a paved or planted area separating a street or highway into two or more lanes of opposite directions of travel.

"Nonconforming lot" means a lot, the area, frontage or dimensions of which do not conform to the provisions of this zoning code.

"Nonconforming structure" means a structure, lot or use which did conform to applicable laws when constructed or initiated, and which does not now conform to the provisions of this zoning code.

"Nonconforming use" means a use complying with applicable laws when established but which does not conform to the provisions of this zoning code.

"Open space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Does not include area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites.

ated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Does not include area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites.

"Open space, usable" means recreational or leisure space for the shared use of residents of a multi-unit development and may include gardens, playgrounds, courtyards, swimming pools, sitting areas, court games, recreation rooms, exercise rooms or gyms, spas, community rooms, lawn/turf used for open play, ponds, fountains, atriums, picnic areas, rooftop gardens or green roofs, or similar uses or facilities.

"Overhang" means the part of a roof or wall that extends beyond the façade of a lower wall.

"Overlay district" is a district established by this zoning code which may be applied to a lot or portion thereof only in combination with a base district.

"Parapet" means the extension of the main walls of a building above the roof level.

"Parcel" means a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest recorded map in the county recorder's office.

"Parking area" means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

"Parking lot" is an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles.

"Parking ratio" means the number of parking spaces provided per one thousand square feet of floor area.

"Parking, shared" means a public or private parking area used jointly by two or more uses.

"Parking space" is the space marked for the parking of a motor vehicle within a public or private parking area.

"Parking structure or structured parking" means a multi-story car park (also called a parking garage or indoor parking) designed for car parking and where there are a number of floors or levels on which parking takes place.

"Parkway" means that portion of the public street right-of-way between the curb or curb line and the adjacent sidewalk or property line, as applicable, used for or which may be used for the purpose of planting and maintaining street trees, shrubs, hedges, or other plants. In some areas within the city, park strips may extend into a private property's yard beyond the sidewalk. Park strips may be located on private property or may abut private property.

"Performance standards" means zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards may provide specific criteria to limit noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, or visual impact of a use.

"Permit" means a written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.

"Permitted use" means any use allowed in a land use zoning district and subject to the provisions applicable to that district.

"Person" means any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, state of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.

"Planned unit development (PUD)" means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.

"Principal use" means the primary or predominate use of any lot, building or structure.

"Project" means the total development within the boundaries as defined on the development plan.

"Public right-of-way" means a strip of land acquired by reservation, dedication, prescription, voluntary purchase and sale, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or any other public uses.

"Recreational vehicle" means a vehicle or trailer capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated a recreational vehicle and bearing the insignia of the state of California or any other state or federal agency having the authority to approve recreational vehicles. RVs include, without limitation, any of the following: camp trailer, as defined by the California Vehicle Code Section 324; house car, as defined by California Vehicle Code Section 362; trailer coach, as defined by California Vehicle Code Section 635; mobile home, as defined by California Vehicle Code Section 396; bus, as defined by California Vehicle Code Section 233, whether altered or unaltered or for commercial or private use; boat, watercraft, and/or trailer for a boat or watercraft; trailers designed to carry persons, property or animals on its own structure and to be drawn by a motor vehicle; and recreational vehicle, as defined by the California Health and Safety Code Section 18010.

"Recycling" means the process by which waste products are reduced to raw materials and transformed into new reused or reconstructed products which meet the quality standards necessary to be used in the market place.

"Review authority" means the person, committee, commission, or council responsible for the review and/or final action on a land use entitlement.

"Right-of-way" means a strip of land acquired by purchase, reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.

"Rounding of quantities" means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is .5, except as otherwise provided in this zoning code.

"Screened or screening" means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area, screened by a fence, wall, hedge, berm, or similar architectural or landscape feature that is at least ninety percent view obscuring.

"Setback" means the area between the setback line and property line.

"Setback line" is a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.

"Shipping container" means a standardized reusable vessel, prefabricated container, or structure originally designed for or capable of being mounted or moved by rail, truck, or ship. This definition includes the terms

seatrain, C-Train, C-van, ISO container, and cargo container.

"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever.

"Single-room occupancy (SRO)" means a residential facility of two or more separate individual rooms with typically less than five hundred square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. An SRO may not be occupied by more than one person. Single-room occupancy does not include hotel or motel.

"Site" the land or area that is the subject of a development project or use and may include more than one lot or parcel.

"Site area" means the net horizontal area included within the boundary lines of a site, not including the area within the established right-of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use.

"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land.

"Slope" means the degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees.

"Solar facilities" means the airspace over a parcel that provides access for solar energy system to absorb energy from the sun.

"Specific plan" means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and the provisions of Government Code Section 65450 et seq.

"Story" means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

"Street" means any public or private thoroughfare with a width of twenty feet or more which affords a primary means of access to abutting property.

"Street, private" means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas.

"Street, public" is a street owned and maintained by the city, the county, or the state. The term includes streets offered for dedication which have been improved or for which a bonded improvement agreement is in effect.

"Structural alterations" means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders.

"Structure" means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Structure, accessory" means a subordinate building which is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a building permit is required, including, but not limited to, enclosed and unenclosed patios, barns, guesthouses, second dwelling units, garages, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes.

"Structure, temporary" means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Temporary structure" is a structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

"Temporary use" means a use established for a designated period of time, with the intent to discontinue the use at the end of the designated time period.

"Traffic safety sight area" means a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, which inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited.

"Transient basis" means a continuous period of two weeks or less.

"Underutilized land" means land with a structure or structures that occupy only a small portion of the land and is being used significantly below its potential use.

"Use" means the purpose (type or extent) for which land or a building is arranged, designed or intended or for which either land or a structure is occupied or maintained.

"Use, accessory" means a use which is incidental to, and customarily associated with, a specified principal use and which meets the applicable conditions set forth in this ordinance.

"Use, allowed" means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by this ordinance.

"Use, conditional" means a use listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to

development/design review or to a conditional use permit, and to all other regulations established by this code.

"Use initiation" means the implementation of a use on a parcel or occupancy of a structure, or construction of substantial site improvements after a building permit has been issued, subject to determination by the director.

"Use, principal" means a use which fulfills a primary function of a household, establishment, institution, or other entity.

"Use, temporary" means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

"Variance" means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this zoning code.

"Vehicle" means self-propelled device by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

"Wildlands" means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.

"Yard" means an open space that lies between the principal or accessory building or buildings and the nearest lot line.

"Zero lot line" means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

"Zoning certificate of occupancy" means a permit issued by the community development department which allows the occupancy of a structure which conforms to all applicable provisions of this chapter and any and all conditions or requirements issued by the city or any of its departments, or by any other federal, state or local agency or body.

"Zoning district" means a portion of the city within which certain uses of land and structures are defined, and regulations are specified.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)