Chapter 18.02 — GENERAL PROVISIONS

This title is the "zoning ordinance."

(Ord. 525 § 1(part), 1989).

The provisions of this title shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the county. Among other purposes, such provisions are intended to provide for adequate light, air, sanitation, drainage, convenience of access, conservation of floodplains and woodlands, and safety from fire and other dangers; to promote the safety and efficiency of the public streets and highways; to aid in conserving and stabilizing the economic values of the community; to preserve and promote the general attractiveness and character of the community environment; to guide the proper distribution and location of population and of the various land uses, and otherwise provide for the healthy and prosperous growth of the community.

(Ord. 525 § 1(part), 1989).

The zoning ordinance shall be composed of specific regulations controlling the uses of land, the density of population, the use and location of structures, and the height and bulk of these structures, the areas of open spaces surrounding the structures, areas and dimensions of sites, regulations concerning access, parking and loading areas; and a zoning plan.

(Ord. 525 § 1(part), 1989).

Except as may be otherwise specifically provided:

A.

No structure or building shall be erected, altered or enlarged, nor shall any site, building or structure be used or be designated to be used for any purpose other than those uses and purposes included among the permitted uses of these regulations or by a conditional use permit or zoning permit in the zoning district in which such buildings, structures or land is located, or as otherwise permitted in this title.

B.

No building or structure shall be constructed, substantially reconstructed or altered to exceed the structure height regulations designed for the zoning district in which the structure or building is located.

C.

No building or structure shall be constructed or substantially reconstructed, enlarged or moved into any zoning district except in compliance respectively to the structure height regulations, the structure location regulations, the lot dimension regulations, the off-street parking area requirements, the overlayed district regulations, and other specific regulations herein specified for the zoning district in which the building or structure is located.

D.

A lot or lots may be divided into new lots, in compliance with Madera County Ordinance No. 304, the parcel map ordinance, or Madera County Ordinance No. 278, the subdivision ordinance, codified in Title l7 of this code; provided that each new lot is equal to or exceeds the minimum lot dimension regulations of this title.

E.

No deed or conveyance of any portion of a lot shall be made which reduces the lot dimensions, minimum offsets, and setbacks, off-street parking spaces, or other minimum requirements applicable to that site and use below the minimum requirements of this title.

(Ord. 525 § 1(part), 1989).

A.

The board of supervisors found and determined the necessity for the establishment of the office of zoning administrator. The office of zoning administrator is established.

B.

The planning director of Madera County is appointed zoning administrator.

(Ord. 525 § 1(part), 1989).

18.02.060 - Zoning agency.

The planning commission is designated as the zoning agency.

(Ord. 525 § 1(part), 1989).

Chapter 18.04 - DEFINITIONS

18.04.005 - General terms.

For the purpose of this title, and when not inconsistent with the context:

A.

Words used herein in the present tense include the future;

B.

Words in the singular number include the plural, and words in the plural number include the singular;

C.

"Occupied" includes designed or intended to be occupied;

D.

"Used" includes designed or intended to be put to use;

E.

"Shall" is mandatory; however, use of the word "shall" in this title is not intended to, nor shall it be deemed to, create a mandatory duty imposed by an enactment within the meaning of Government Code Section 815.6.

(Ord. 525A § 2(part), 1989: Ord. 525 § 1(part), 1989).

18.04.010 - Generally.

For all purposes of this zoning ordinance, certain words and phrases shall be defined as follows in this chapter.

(Ord. 525 § 1(part), 1989).

18.04.013 - Accessory living structure.

"Accessory living structure" (include but is not limited to a gym, office, dance, hobby, art studio, recreation, media room, etc.) has no bedroom or kitchen unless permitted as a second unit.

A.

Accessory living structures must be secondary and incidental to the primary residence and shall have an open floor plan with no partitions other than a bath.

B.

Accessory living structures cannot exceed five hundred square feet, or twenty percent of the living space of the existing primary residence, whichever is greater in size.

• (Ord. No. 525-770, § 1 (Exh. A), 3-21-17).

Editor's note— Ord. No. 525-770, § 1 (Exh. A), adopted March 21, 2017, set out provisions intended for use as § 18.04.018. For purposes of classification, and at the editor's discretion, these provisions have been included as § 18.04.013.

A.

General Requirements.

1.

Relationship to Primary Use.

a.

An accessory structure is permitted only when it is subordinate and incidental to the primary structure or zone to which it is related.

b.

An accessory structure shall not alter the character of the site from that created by the primary use, structure, or zone.

c.

An accessory structure shall be permitted only when it is compatible with the structures or uses permitted in the zone in which it is located.

d.

An accessory structure constructed prior to the primary structure requires an approved zoning permit and the operational statement must substantiate the need.

2.

Permitted Accessory Structures. The table below (permitted accessory structures) identifies permitted accessory uses in residential, commercial/industrial and agricultural zones.

Permitted Accessory Structures

Agricultural Zones

3.

Location. An accessory structure shall be located only on the same parcel as the primary structure to which it is related, except as otherwise noted in this chapter. All structures must comply with setbacks.

4.

Permits. Accessory structures are subject to a ministerial building permit process; no discretionary permit is required.

5.

Establishment. Accessory to single family Home. Structures that are accessory to a single family home shall only be established or constructed on a parcel developed with a single family home. Accessory structures may be established or constructed concurrently with the development of a single family home.

6.

Attached Structures. Accessory structures attached to a primary structure shall be considered a part of the primary structure and shall comply with all standards and regulations applicable to the primary structure.

B.

Uses Accessory to a Single Family Home or Multiple Family Dwelling. Activities typically associated with residential uses are permitted on all parcels occupied by a single family home or multiple family dwelling. Examples of such residential accessory uses include but are not limited to keeping of domestic pets, composting bins, private parking, gardens, planter boxes, vegetation management, irrigation, landscaping, and other similar activities.

(Ord. No. 525VV, § 1 (Exh. A), 7-18-17; Ord. No. 525-770, § 2 (Exh. A), 3-21-17; Ord. 525 § 1(part), 1989).

18.04.020 - Accessory use.

"Accessory use" means a use of land subordinate to the principal use of the land and customarily incident to the permitted use of that land.

(Ord. 525 § 1(part), 1989).

18.04.025 - Agriculturally oriented services.

"Agriculturally oriented services" refer to three types of support services.

A.

"Agricultural by-product processing" means those facilities engaged in the manufacturing, processing, or conversion of agricultural by-products to other products where a minimum of sixty percent of all source material needed for the process is comprised of agricultural by-products, as determined by the planning director.

B.

"Agricultural supply services" means those uses which provide accessory support services to other agricultural uses including the following: feed and hay sales, agricultural laboratory services, farm machinery and equipment repair (excluding trucks and other motor vehicles), irrigation equipment sales and repair, equestrian supplies, and similar support services as determined by the planning director.

C.

"Agricultural trucking facility" means a specialized trucking business wholly devoted to hauling agricultural produce, seed, feed, animals, irrigation pipe and supplies, farm equipment, and soil amendments used exclusively in agricultural operations. Back-hauling with nonagricultural goods is permitted, provided that such activities are clearly incidental and accessory to the primary use of hauling agricultural goods and supplies and further provided that there is no on-site storage of back-hauled materials.

(Ord. No. 525-769, § 2 (Exh. B), 3-21-17; Ord. 525 § 1(part), 1989).

"Agriculture" means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying and/or animal husbandry, including all uses customarily incidental thereto but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes.

(Ord. 525 § 1(part), 1989).

"Agritourism" means an enterprise located at a working farm, ranch, or other agricultural operation or agricultural plant/facility, which is conducted for the enjoyment and education of visitors, guests or clients,

and that generates income for the owner/operator. Agritourism is the act of visiting a working farm/ranch or any agricultural horticultural or agricultural operation for the purpose of enjoyment, education or active involvement in the activities of the farm/ranch or agricultural operation that also adds to the economic viability of the agricultural operation. The amount of land permitted for development of agritourism uses is limited to ten percent of the total acreage or five acres of land, whichever is less. Agritourism includes:

A.

"Agricultural store" is the sale of agricultural products grown in Madera County, sundries, prepackaged food (prepackaged non-potentially hazardous food), bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area. Limited to five hundred square feet of the structure's total floor area may be used for limited retail sales. Ten percent of the agricultural product must be grown onsite. Agricultural stores shall be allowed in all agricultural districts with an approved conditional use permit. All activities must comply with California Retail Food Code (CRFC), Chapter 10.5 (commencing with Section 47000) of the Food and Agricultural Code and regulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in Sections 113789 (Food facility) and 114375 (Farm stand).

B.

"Special event" means the temporary use of land and/or facilities, for which a fee may or may not be charged, for meetings, gatherings, celebrations and events, where there is a gathering of people in one geographical location within the county regardless of whether such gathering occurs on public or private property. A single "special event" may not exceed three days. Excluded from the definition of "special event" are gatherings entirely composed of persons related to each other by blood or marriage. A maximum of twelve event days of "special events" per calendar year may be conducted on a parcel or group of parcels owned by the same person(s) or business beyond or above which the use or activity shall be subject to zoning ordinance compliance as a permanent land use in accordance with all applicable standards contained in the county code. "Special events" may be subject to other codes and regulations.

(Ord. No. 525-769, § 3 (Exh. B), 3-21-17).

"Airport" means commercial operation of any area of land or water designed and set aside for the landing and taking off of aircraft, but not including private agricultural operations.

(Ord. 525 § 1(part), 1989).

18.04.040 - Airport elevation.

"Airport elevation" means height of the airport reference point above mean sea level as established by geometric extension from the nearest United States Geological Survey marker.

(Ord. 525 § 1(part), 1989).

18.04.045 - Airport reference point.

"Airport reference point" means the center of the longest runway or the point otherwise established on the official zoning map.

(Ord. 525 § 1(part), 1989).

18.04.050 - Airstrip.

"Airstrip" means a tract of land arranged and prepared to provide a place for landing and taking off of aircraft; not an airport.

(Ord. 525 § 1(part), 1989).

18.04.055 - Alley.

"Alley" means any public thoroughfare, not exceeding thirty feet in width, for the use of pedestrians and/or of vehicles which affords only a secondary means of access to abutting property.

(Ord. 525 § 1(part), 1989).

18.04.060 - Apartment.

"Apartment" means a suite of rooms or room in a multiple family dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals.

(Ord. 525 § 1(part), 1989).

18.04.065 - Apartment house.

"Apartment house" means a building or portion thereof designed for and occupied by more than two families including row houses, apartment houses and apartment hotels.

(Ord. 525 § 1(part), 1989).

18.04.070 - Base geometric plane.

"Base geometric plane" means the plane or conic surface above which airspace is preserved in association with the several spaces of the AAO, airport/airspace overlayed districts.

(Ord. 525 § 1(part), 1989).

"Basement" means a space under the building having at least one-half of its height below grade. However, a basement shall be counted as a story for purposes of regulation by this title if the vertical distance from grade to the ceiling is over five feet or if the space is used for business or dwelling purposes.

(Ord. 525 § 1(part), 1989).

18.04.080 - Base setback line.

"Base setback line" means the edge of the public right-of-way unless otherwise designated.

(Ord. 525 § 1(part), 1989).

18.04.082 - Bed and breakfast establishment, multifamily residential areas.

"Bed and breakfast establishment, multifamily residential area" means a residential building in which lodging, with or without meals, is offered for compensation. The building shall contain not more than ten sleeping rooms, excluding sleeping rooms solely occupied by the owner or the owner's employees. If meals are offered, they shall be only for those guests, the owner or employees staying on the premises. The owner of the facility shall reside on the premises.

(Ord. 525-B § 1, 1992: Ord. 525 § 1(part), 1989).

18.04.083 - Bed and breakfast establishment, single family residential areas.

"Bed and breakfast establishment, single family residential areas" means a residential building in which lodging, with or without meals, is offered for compensation. The building shall contain not more than three sleeping rooms, excluding sleeping rooms solely occupied by the owner, and no more than eight guests shall be allowed at any one time. The owner shall reside on-site. If meals are offered, they shall be only for guests or the owner. Limitations must be specified for appropriate signage, length of stay, fire safety requirements, parking standards, security lighting, water supply, and registration procedures to avoid adverse impacts to surrounding properties.

(Ord. 525-B § 2, 1992).

18.04.085 - Block.

"Block" means the land enclosed by existing, dedicated or officially mapped streets, roads, highways, railroads, canals or subdivision boundaries.

(Ord. 525 § 1(part), 1989).

18.04.090 - Board.

"Board" means the board of supervisors of Madera County.

(Ord. 525 § 1(part), 1989).

18.04.095 - Reserved.

Editor's note— Ord. No. 525-770, § 7, adopted March 21, 2017, repealed § 18.04.095, which pertained to the definition for boardinghouse and derived from Ord. No. 525, 1989.

"Building" means any structure having a roof supported by columns and/or walls and intended for the shelter, housing and/or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point then each such portion shall be deemed to be a separate building.

(Ord. 525 § 1(part), 1989).

18.04.105 - Business.

"Business" means all commercial activity except industrial.

(Ord. 525 § 1(part), 1989).

18.04.110 - Camper unit.

"Camper unit" means a recreational vehicle with or without motive power, designed primarily for recreational purposes, excluding manufactured homes.

(Ord. 525 § 1(part), 1989).

18.04.113 - Child day care facility.

"Child day care facility" means a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individuals on less than a twenty-four-hour basis.

(Ord. 525-F § 1(part), 1994).

18.04.114 - Circulation plan.

Layout of the proposed parking lot, including, but not limited to, internal circulation pattern, ingress and egress points, dimensions of parking stalls and aisles, handicap accessible spaces, compact spaces, loading zones, pedestrian and vehicle flow designations, pavement type, and curbs, with additional detail as deemed necessary by the applicant.

(Ord. No. 641, § 1, 10-27-09).

18.04.115 - Commission.

"Commission" means the planning commission of Madera County.

(Ord. 525 § 1(part), 1989).

18.04.120 - Communications equipment building.

"Communications equipment building" means buildings housing operating electrical and mechanical equipment necessary for the conduct of a public utility communications business with or without personnel.

(Ord. 525 § 1(part), 1989).

18.04.121 - Communication tower/wireless communications facility.

"Communication tower/wireless communications facility" means any structure used to support a device utilized to transmit, relay and/or receive wireless communication together with the equipment and structures necessary to operate such a facility.

(Ord. 525H § 1, 1999).

"Conditional use" means a use of land, buildings or structures dependent upon exceptional circumstances al-lowed in any particular part of a zoned district by the granting of a permit.

(Ord. 525 § 1(part), 1989).

18.04.127 - Construction trailer/temporary contractor's office.

"Construction trailer/temporary contractor's office" means a temporary trailer or modular unit used during, and at the site of, a construction project for the purpose of managing and administering the construction project, for a maximum period of one year.

(Ord. 525T § 1, 2006).

18.04.128 - Temporary/seasonal fruit stand.

"Temporary/seasonal fruit stand" means a temporary trailer or modular unit used by the owner or tenant of an agricultural operation for the purpose of selling agricultural commodities produced or cultivated on-site and on a temporary or seasonal basis.

(Ord. 525U § 1, 2006).

18.04.130 - Customer service establishments.

The following businesses are included in the definition of customer service establishments:

Art and craft school and college

Artist studio

Bank or savings and loan office

Barber shop

Beauty shop

Cafe, including outdoor cafe, excluding the sale of alcoholic beverages

Clinic

Massage and physical culture studio

Medical building

Mortuary and crematorium

Newsstand and magazine store

Optician and optometrist office

Photographer

Photography studio

Private club

Reading room

Restaurant

Telegraph office

Wedding chapel

Other establishments offering personal services to people which are similar by the interpretation of the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.04.131 - Dead-end road.

"Dead-end road" means a road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.

(Ord. 542 § 10(part), 1991).

"Defensible space" means the area within the perimeter of a parcel, development, lot, condominium project, or planned community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter is the area encompassing the parcel or parcels proposed for construction and/or development.

(Ord. 542 § 10(part), 1991).

18.04.140 - District.

"District" means a portion of the county zoned for particular uses as regulated by this title.

(Ord. 525 § 1(part), 1989).

18.04.142 - Drainage plan.

Location of proposed buildings and structures (water storage tanks, propane tanks, etc.). Show on-site storm drainage retention ponds and any recorded easements (i.e., easements as shown on any recorded maps) including calculations.

(Ord. No. 641, § 2, 10-27-09).

18.04.145 - Drilling.

"Drilling" means operations associated with the exploration for and the removal of petroleum, natural gases and soluble minerals, but not including operations for the discovery or acquisition of water.

(Ord. 525 § 1(part), 1989).

"Dwelling" means a building or portion thereof designed for or occupied for residential purposes, including single family, two family and multiple family dwellings, but not including motels or hotels.

(Ord. No. 525-770, § 3 (Exh. A), 3-21-17; Ord. 525 § 1(part), 1989).

This section establishes standards for the location and construction of accessory dwelling units in conformance with Section 65852.2 of the California Government Code. These standards are intended to allow for second units as an important form of affordable housing while preserving the character and integrity of residential areas within the county.

A.

Site Requirements.

1.

Accessory dwelling units shall be permitted only on legally-created parcels.

2.

The unit is located upon a parcel that is a minimum of one acre in size or larger, and the infrastructure is sufficient to support two single family dwellings. Specifically, adequate sewage disposal, water, electrical, and drainage are available.

B.

Size. There shall be no maximum floor area requirement for accessory dwelling unit, provided that the unit complies with all applicable county regulations, including height and setback standards, building code regulations, and water supply, sewage disposal, and driveway/road access requirements.

C.

Maximum Number Permitted.

1.

Only one accessory dwelling unit shall be allowed on a parcel.

2.

An accessory dwelling unit is not permitted on parcels already containing two or more dwelling units.

D.

Relationship to Primary Dwelling.

1.

A accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof.

2.

A accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling.

E.

Parking. On-site parking shall be provided consistent with the parking requirements in Chapter 18.102 (Parking Requirements).

F.

Development Standards. An accessory dwelling unit shall comply with all development and design standards of the zoning ordinance that are applicable to the primary dwelling, including, but not limited to, building setbacks, parcel coverage, and building height.

(Ord. No. 525-770, § 4 (Exh. A), 3-21-17; Ord. 525HH § 1, 2008: Ord. 525M § 1, 2003).

"Multiple family dwelling" means a building or portion thereof designed for and occupied by two or more families, including row houses, apartment houses, and duplexes.

(Ord. 525 § 1(part), 1989).

18.04.160 - Dwelling, single family.

"Single family dwelling" means a detached or semi-detached building designed for and occupied exclusively by one family.

(Ord. 525 § 1(part), 1989).

18.04.165 - Dwelling, two family.

"Two family dwelling" means a detached or semi-detached building designed for and occupied exclusively by two families. (A synonym is "duplex.")

(Ord. 525 § 1(part), 1989).

18.04.170 - Edge of right-of-way.

"Edge of right-of-way" means the nearest boundary of the public right-of-way.

(Ord. 525 § 1(part), 1989).

"Emergency service provider" means any entity designated by the county as providing emergency services, including but not limited to, fire protection, paramedics, ambulance and law enforcement. This may include facilities owned and/or operated by a private enterprise engaged in provision of emergency services by means of a contract and/or franchise.

(Ord. 525V § 1, 2006).

18.04.174 - Emergency shelter.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Ord. No. 669, § 2 (Exh. B), 5-19-14).

Editor's note— Ord. No. 669, § 2 (Exh. B), adopted May 19, 2014, set out provisions intended for use as § 18.04.171. For purposes of classification, and at the editor's discretion, these provisions have been included as § 18.04.174.

18.04.175 - Family.

"Family" means the consanguine or legally related body of persons who live together in one dwelling unit as a single housekeeping entity, including necessary servants, distinguished from a group occupying a hotel, club, fraternity or sorority house.

(Ord. 525 § 1(part), 1989).

18.04.180 - Farm, fur.

"Fur farm" means a tract of land devoted in whole or in part to the raising of fur-bearing animals for commercial purposes.

(Ord. 525 § 1(part), 1989).

18.04.185 - Farm, pig.

"Pig farm" means a tract of land devoted principally to the raising of more than two pigs.

(Ord. 525 § 1(part), 1989).

18.04.190 - Farm, poultry.

"Poultry farm" means a tract of land devoted principally to the raising of poultry for commercial purposes.

(Ord. 525 § 1(part), 1989).

18.04.191 - Farm labor camp.

"Farm labor camp" means any farm employee housing serving more than twelve employees and not otherwise exempt by California State Law.

(Ord. 525-F § 1(part), 1994).

"Farm stay operation" means a working farm on which bedrooms are made available for rent in a farm house or in a detached structure, and where lodging and overnight sleeping accommodations are provided for a stay of no more than fourteen days, either with or without meals.

(Ord. No. 525-769, § 4 (Exh. B), 3-21-17).

Editor's note— Ord. No. 525-769, § 4 (Exh. B), adopted March 21, 2017, set out provisions intended for use as § 18.04.094. For purposes of classification, and at the editor's discretion, these provisions have been included as § 18.04.193.

"Feedlot" means a fenced or otherwise enclosed area where more than fifty bovine animals, sheep, goats, horses, mules, swine or other similar domesticated quadrupeds are held for concentrated feeding or display preliminary to slaughtering, shipping or resale. This definition excludes dairies.

(Ord. 525 § 1(part), 1989).

18.04.200 - Floor area ratio.

"Floor area ratio" means the ratio, expressed as a percentage of the total floor area of buildings allowed on a given lot compared to the total area of the lot. Each floor in a multiple story building is included as floor area in these computations.

(Ord. 525 § 1(part), 1989).

18.04.205 - Garage, private.

"Private garage" means a residential accessory structure not less than ten feet by twenty feet for each vehicular space, for keeping private vehicles for storage only and where such use is accessory to the residential use of the property on which it is constructed.

(Ord. 525S § 2, 2006: Ord. 525 § 1(part), 1989).

"Public garage" means any commercial structure or premises other than a private garage or storage garage (as defined in this chapter) where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored for monetary gain as a business.

(Ord. 525S § 3, 2006: Ord. 525 § 1(part), 1989).

18.04.215 - Garage, storage.

"Storage garage" means any commercial building or premises used for the storage only of motor-driven vehicles, recreational vehicles, trailers or boats; pursuant to previous arrangements, not to transients, and where no equipment, parts, fuel, grease or oil is sold, and vehicles are not equipped, repaired, serviced, hired or sold for monetary gain as a business.

(Ord. 525S § 4, 2006: Ord. 525 § 1(part), 1989).

18.04.220 - General commercial establishments.

General commercial establishments are as follows:

Automobile body and fender repair

Automobile rental garage

Automobile repairing, overhauling, rebuilding and painting

Automobile upholstery and top shop

Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning

Bakery

Blacksmith shop

Boarding kennel

Bottling works

Building materials yard

Cabinet shop

Carpenter shop

Carpet and rug cleaning establishment

Cleaning plant

Cold storage plant

Contractors storage plant

Dairy products plant

Diaper laundry

Dyeing establishment

Equipment rental yard

Feed and seed store

Food locker and service

Freight forwarding terminal

Freight transit yard

Furniture warehouse and van service

General commercial establishments

Gas regulator station

Glass shop

Heating, ventilating, and air conditioning shop, including sheet metal shop Ice house

Ice storage Kennel

Laundry, not for self-service Linen supply company Lumber yard, not including the manufacture of lumber

Machine shop

Machinery sales and rental Monuments shop, sales only

Nursery and garden supply store

Outdoor advertising shop Packing and crating service Plumbing and sheet metal shop Poultry shop and butcher shop Public utility yard

Refrigeration repair shop Repair shop Service station Sign shop

Small animal hospital

Storage of sand, gravel, or cement in bulk

Tire sales store

Truck and trailer sales and service

Trucking terminal

Truck parking lot

Upholstery shop

Warehouse, except those used for fuel and other flammable liquids and explosives

Welding shop

Wholesale establishments

Other commercial uses and establishments which by the interpretation of the zoning administrator are similar.

(Ord. 525 § 1(part), 1989).

18.04.225 - Gravel pit.

"Gravel pit" means an area used for the removal of gravel for commercial purposes from the earth by excavating, stripping, digging or boring, or any other such process.

(Ord. 525 § 1(part), 1989).

18.04.230 - Grade, established.

"Established grade" means the elevation of the finished street at the centerline or curb as fixed by the road commissioner or by such authority as shall be designated by law to determine such an elevation.

(Ord. 525 § 1(part), 1989).

18.04.232 - Grading plan.

Topography and proposed grading (separate sheet). Sheet size shall be as required by the zoning administrator.

(Ord. No. 641, § 3, 10-27-09).

18.04.235 - Guest house.

"Guest house" means living quarters on the same premises with the main dwelling, which is either attached to the main dwelling or is detached, for use by temporary guests of the occupants of the premises. A guest house shall be subject to all the requirements of this code and the following standards:

A.

A guest house is an accessory structure and can be located on a parcel only if the primary residence is existing. Concurrent construction of the primary dwelling unit and the guest house is permitted.

B.

The guest house shall not exceed a total living area of seven hundred fifty square feet or thirty percent of the living space of the existing residence, whichever is greater.

C.

The guest house shall not contain a kitchen or facilities for the storage and preparation of food. Guest houses may include a small wet bar with a counter surface area less than ten square feet (including sink), small sink (not to exceed fifteen inches by fifteen inches), and refrigerator with a volume of less than five cubic feet. Except for air conditioning and heating, including water heaters, no gas lines, two hundred twenty volt electrical outlets, or separate utility meter shall be provided. Full size refrigerators and gas or electric cooking ranges, and spaces designed for this purpose, shall be prohibited.

D.

A finding must be made that the infrastructure is sufficient to support a guest house, specifically, that adequate sewage disposal, water, electrical, and drainage are available.

(Ord. No. 525-770, § 5 (Exh. A), 3-21-17; Ord. 525HH § 2, 2008: Ord. 525 § 1(part), 1989).

18.04.240 - Guest ranch.

"Guest ranch" means buildings and premises offering recreational facilities for such pursuits as horseback riding, swimming, hiking or other open space uses, with living and/or dining accommodations.

(Ord. 525 § 1(part), 1989).

18.04.245 - Heavy industrial uses.

"Heavy industrial uses" means all those industrial and manufacturing uses not otherwise prohibited by law except the following: Manufacture of cement, lime, gypsum, or plaster of Paris, acid, explosives, fertilizer, glue, fat and bone products, or the storage of explosives, or the reduction of offal or dead animals, or the operation of stockyards or commercial slaughter houses. Other similar heavy industrial uses may be included in this definition by the interpretation of the zoning administrator.

(Ord. 525 § 1(part), 1989).

"Highway" means a right-of-way, designated on a comprehensive system, for the principal purpose of providing vehicular thoroughfare and not necessarily affording direct access to abutting property.

(Ord. 525 § 1(part), 1989).

"Home occupation" means a gainful occupation conducted by members of the family within its place of residence where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation. Clinics, hospitals, and animal hospitals shall not be deemed to be home occupations.

(Ord. No. 525-PP, § 2, 4-12-11; Ord. 525 § 1(part), 1989).

18.04.265 - Horticulture.

"Horticulture" means the culture of, growing and cultivating of fruits, nuts, flowers and related plant material.

(Ord. 525 § 1(part), 1989).

18.04.266 - Hospital.

"Hospital" means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as offices, laboratories, education facilities, research facilities, outpatient facilities or training facilities.

(Ord. 525-F § 1(part), 1994).

18.04.267 - Hospital lodging facility.

"Hospital lodging facility" means a building where temporary lodging or boarding is provided to relatives of persons receiving treatment in the hospital or who are rendering services directly related to the operation of a hospital on a temporary basis during the period of occupancy.

(Ord. 525-F § 1(part), 1994).

18.04.268 - Hospital support facilities.

"Hospital support facilities" means all types of uses and facilities associated with the operation of a hospital, specifically including the following: administrative, business and professional offices, pharmacies, clinics, child day care facilities, residential support facilities, laboratories, philanthropic institutions, hospital lodging facilities and other similar uses by interpretation of the zoning administrator. These facilities/uses may not exist without the presence of a hospital.

(Ord. 525-F § 1(part), 1994).

18.04.270 - Hotel.

"Hotel" means a building in which lodging, with or without meals, is offered for compensation which shall have more than six sleeping rooms for this purpose.

(Ord. 525 § 1(part), 1989).

18.04.275 - Indigenous employee.

"Indigenous employee" means a person and/or his family who is employed on the premises where he lives.

(Ord. 525 § 1(part), 1989).

"Insecticide (and pesticide) services" means activities and the use of premises, buildings and structures for the manufacture, storage, mixing, packaging, sale or incidental use in the business of dispensing insecticides and pesticides for commercial purposes as a business.

(Ord. 525 § 1(part), 1989).

"Interchange quadrant" means a one of four corners of an interchange for the purpose of signage.

(Ord. No. 525WW, § 2 (Exh. B), 7-10-18).

18.04.285 - Junkyards.

"Junkyards" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of discarded household appliances, including scrap metals, abandoned vehicles, debris, tires or other scrap materials or refuse, that is outside of a completely enclosed structure or licensed landfill, dismantling or wrecking yard.

(Ord. 525S § 5, 2006: Ord. 525 § 1(part), 1989).

'Kennel' means any facility, house or building where five or more individual dogs, cats or other small, domesticated animals over the age of four months are kept, whether the keeping is for pleasure, profit, breeding, rescuing or exhibiting, and is subject to the kennel licensing provisions of this Code, as found in Section 6.04.290, et seq. The kennel licensing provisions of this Section shall apply immediately without regard to the length of time animal keeping, as described in this Section, has been occurring at the affected facility, house, or building.

(Ord. No. 708, § 3, 7-9-24)

'Commercial kennel' means an establishment where dogs, cats or other small, domesticated animals are raised, bred, boarded or cared for as a gainful occupation, subject to Section 18.94.030 of this Code.

(Ord. 525 § 1(part), 1989; Ord. No. 708, § 4, 7-9-24).

A plan including, but not limited to, the location of landscaping and irrigation system, identification of plants and materials to be used and size of plants and trees as determined by the applicant and location of all

structures (existing and proposed).

(Ord. No. 641, § 4, 10-27-09).

18.04.295 - Light industrial uses.

"Light industrial uses" means those trades or industries of a restrictive character, which are not detrimental to the district or to the adjoining residential areas, by reason of appearance, noise, dust, smoke or odor, but not including any junkyard, drop forge, foundry, refinery, tannery or any similar use the normal operation of which causes objectionable noise, odor, dust or smoke to be emitted, radiated or carried beyond the boundaries of the property on which the operation is located. In addition, industrial uses, manufacturing cement, lime, gypsum, or plaster of Paris, acid, explosives, fertilizer, glue, fat and bone products, and those involved in the storage of explosives, the reduction of offal or dead animals, and the operation of stock yards and commercial slaughter of animals are similarly excluded from the definition of light industrial uses. Other similar light industrial uses may be included in this definition by interpretation of the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.04.296 - Limited light industrial.

Agriculture related supplies and equipment

Automobile body and fender repair

Automobile rental garage

Automobile repairing, overhauling, rebuilding and painting

Automobile upholstery and top shop

Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning

Bakery

Blacksmith shop

Building supplies and equipment

Cabinet shop

Carpenter shop

Carpet and rug cleaning establishment

Contractors storage plant

Equipment rental yard

Feed and seed store

Glass shop

Heating, ventilating, and air conditioning shop, including sheet metal shop

Machine shop

Machinery sales and rental

Monuments shop, sales only

Nursery and garden supply store

Outdoor advertising shop

Plumbing and sheet metal shop

Professional offices

Repair shop

Retail sales

Sign shop

Storage of sand, gravel, or cement in bulk

Upholstery shop

Warehouses

Welding shop

(Ord. 525-JJ § 1, 2008: Ord. 525-HH § 1, 2008).

18.04.300 - Reserved.

Editor's note— Ord. No. 525-770, § 8, adopted March 21, 2017, repealed § 18.04.300, which pertained to lodging house and derived from Ord. No. 525, 1989.

18.04.305 - Lot.

"Lot" means:

A.

A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder;

B.

A parcel of real property delineated on an approved record of survey, parcel map, or subdivision map as filed in the office of the county recorder and abutting at least one public street or right-of-way or approved

private road right-of-way; or

C.

A parcel of real property containing not less area than required by the zoning district in which it is located, abutting at least one public street or right-of-way or approved private road right-of-way and held under separate ownership in accordance with all applicable local ordinances and state laws.

(Ord. 525 § 1(part), 1989).

18.04.310 - Lot area.

"Lot area" means the contiguous land bounded by lot lines exclusive of land provided for public thoroughfare, flood plain or canal. Such lot area shall be measured from a plan view, disregarding the geometric effects of the slope of the land.

(Ord. 525 § 1(part), 1989).

18.04.315 - Lot depth.

"Lot depth" means the mean horizontal distance measured between the street line and the opposing rear line or lines of the lot. Such measurement shall be from the center of the front lot line to the center of the rear lot line or other such mean points as shall be determined by the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.04.316 - Lot frontage.

"Lot frontage" means the horizontal distance measured parallel to the roadway which provides access to the parcel or lot. The minimum lot frontage for all zoning districts, excepting PIP, PRD, PSC, PRA, AAO, SHO, MHA, POS and TPZ shall be sixty feet. Any lot or parcel proposed for creation pursuant to Title 17 shall maintain this minimum lot frontage. For lots or parcels that are extended (flag-poled) to derive access to a roadway, the depth of the extension (vertical distance measured perpendicular to the horizontal distance) can not exceed one and one-half times the lot frontage.

(Ord. 542 § 10(part), 1991).

18.04.320 - Lot, side.

"Side lot line" means a lot line extending from the street line toward the interior of the block and separating adjoining lots.

(Ord. 525 § 1(part), 1989).

18.04.325 - Lot width, minimum average.

"Minimum average lot width" means the mean horizontal distance, measured between side lot lines, perpendicular to the center line of the lot, and intercepting at a point on the center line where it divides the area of the lot in two.

(Ord. 525 § 1(part), 1989).

"Manufactured home" means a portable permanent or semi-permanent structure without motive power, designed to be drawn by a motor vehicle, designed for permanent human habitation and containing all of the necessary facilities of a permanent dwelling. A manufactured home is a single family dwelling unit (as defined in Section 65852 of the California Government Code).

A manufactured home may be installed on a foundation system, either a permanent or non-permanent system. Any such foundation system must conform to state statutes and regulations. All manufactured housing installations must include skirting or enclosure of the undercarriage with a material that is structurally and aesthetically compatible with the home.

(Ord. 525HH § 3, 2008: Ord. 525C § 2, 1993: Ord. 525 § 1(part), 1989).

18.04.333 - Marijuana.

Marijuana or cannabis, shall be as defined in Chapter 18.87.

(Ord. No. 687, § 2 (Exh. B), 11-21-17; Ord. No. 525MM, § 3, 9-22-09).

18.04.335 - Mining.

"Mining" means the removal of rock, slate, gravel, sand, topsoil or other natural minerals and material from the earth by excavating, stripping, leveling, digging or boring, or any other such process.

(Ord. 525 § 1(part), 1989).

18.04.337 - Mini storage.

"Mini storage" means a site or building where indoor or outdoor spaces are made available to the general public for the storage of private or commercial goods in individual secured areas.

(Ord. 525O § 1, 2003).

"Mobilehome park" means any area or tract of land where more than two sites are rented or leased or held out for rent or lease to accommodate mobilehomes (manufactured homes) used for human habitation. The rental paid for such homes shall be deemed to include rental for the lot it occupies.

(Ord. 525 § 1(part), 1989).

"Motel" means a building or series of buildings in which lodging only is offered for compensation, which may have more than six sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access, and adjoining parking, for each rental unit (restaurants, bars and places of entertainment in association with motels are not included in this definition).

(Ord. 525 § 1(part), 1989).

"Nonconforming use" means a building or land occupied by a use that does not conform to the regulations for the districts in which it is situated.

(Ord. 525 § 1(part), 1989).

18.04.355 - Offset.

"Offset" means the distance from the side or rear lot line to the nearest portion of the structure.

(Ord. 525 § 1(part), 1989).

18.04.360 - One-ownership.

"One-ownership" means ownership of property or possession thereof under a contract to purchase or under a lease, the term of which is not less than ten years, by a person or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under single or unified control. The term owner shall be deemed to mean the person, firm, corporation or partnership exercising one ownership as herein defined.

(Ord. 525 § 1(part), 1989).

18.04.380 - Permanent structure.

"Permanent structure" means anything constructed or erected, the use of which requires permanent location above, on, or in the ground or attachment to something having permanent location above, on, or in the ground.

(Ord. 525 § 1(part), 1989).

18.04.385 - Person.

"Person" means any natural person, firm, association, partnership, trustee, corporation or other legal entity in which title to real property may vest.

(Ord. 525 § 1(part), 1989).

"Pharmacy" means a business establishment where drugs are sold or dispensed at retail or displayed for sale at retail, the primary business of which is the compounding and dispensing of medicine according to prescriptions written by physicians, and a pharmacist who is licensed under the laws of the state of California is on duty at all times when such establishment is open for business.

(Ord. 525-F § 1(part), 1994).

18.04.390 - Planned development.

"Planned development" means the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures on a single or contiguous unit of property based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.

(Ord. 525 § 1(part), 1989).

"Planning commission" means the Madera County planning commission. See also Section 18.02.060, "Zoning agency."

(Ord. 525 § 1(part), 1989).

18.04.400 - Planning department.

"Planning department" means the Madera County planning department.

(Ord. 525 § 1(part), 1989).

18.04.405 - Principal building.

"Principal building" means the main building on a lot, intended for primary use as permitted by the regulations of the zoning district in which it is located.

(Ord. 525 § 1(part), 1989).

"Principal use" means the primary use of property, buildings or structures as specified and permitted by the regulations of the zoning district in which it is located.

(Ord. 525 § 1(part), 1989).

"Private club" means a building or grounds used for regular or periodic meetings or gatherings of a group of persons organized for nonprofit purpose, but not groups organized to render a service customarily carried on as a business.

(Ord. 525 § 1(part), 1989).

"Professional office" means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, planner, physician or similar recognized professional person.

(Ord. 525 § 1(part), 1989).

18.04.421 - Property, private.

"Private property" means anything that belongs absolutely to an individual person or group of persons and of which that person or persons have the exclusive right of disposition. Such property is of a specific, fixed, and tangible nature, capable of being possessed and transmitted to another, such as land and structures thereon, fixtures and improvements to the land and structures, and personal property such as vehicles and equipment.

(Ord. 525S § 6, 2006).

"Public property" means anything owned by the state or any political subdivision thereof, or any city, district, agency, joint powers authority, or the federal government, and not owned by or leased to an individual person or persons, whether those persons be natural persons or artificial entities such as corporations.

(Ord. 525S § 7, 2006).

18.04.425 - Public buildings.

"Public buildings" means structures principally of an institutional nature and/or serving a public need such as:

Governmental buildings

Public hospitals

Public schools

Public libraries

Public museums

Post offices

Police and fire stations

Public utilities

Other public services; but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise.

(Ord. 525 § 1(part), 1989).

18.04.430 - Quarrying.

"Quarrying" means the removal of rock, slate, gravel, sand, top soil or other natural minerals or materials from the earth by excavating, stripping, leveling, digging or boring, or any other such process.

(Ord. 525 § 1(part), 1989).

18.04.435 - Rabbit farm.

"Rabbit farm" means a parcel used for holding and feeding more than twelve rabbits for commercial purposes.

(Ord. 525 § 1(part), 1989).

"Residential care facility" means a facility providing residential, social and personal care for children, the elderly and/or people with limited ability for self-care, but where medical care is not a major element. Examples of residential care home uses include children's homes, orphanages and self-help group homes. Convalescent homes, nursing homes, and similar facilities with medical care services are excluded from this definition.

(Ord. No. 669, § 3 (Exh. B), 5-19-14).

"Residential conversion" means the creation of a second residential unit within an existing single family dwelling subject to the requirements set forth under Chapter 18.94.

(Ord. 525 § 1(part), 1989).

"Residential support facility" means any facility, place or building which is maintained or operated to provide nonmedical, twenty-four-hour care and supervision for persons or immediate relatives of persons who are physically handicapped, mentally impaired, incompetent or recovering from a history of substance abuse, emotional and behavioral problems, including rehabilitation facilities, board and care homes and family care homes.

(Ord. 525-F § 1(part), 1994).

"Restaurant" means a business establishment serving food to nonresident persons for compensation.

(Ord. 525 § 1(part), 1989).

18.04.445 - Restricted retail sales establishments.

The following retail businesses of a restricted nature are included in this definition:

All customer service establishments

Art and antique stores

Art and craft school and college

Art gallery

Clinic

Delicatessen

Florist shop

Funeral home Gift shop Interior decorating shop Medical building Mortuary Optician and optometrist office

Photography studio

Picture framing shop Professional office or studio

Tobacco store Wedding chapel Similar uses subject to the interpretation of the zoning administrator. (Ord. No. 525-770, § 6 (Exh. A), 3-21-17; Ord. 525 § 1(part), 1989). 18.04.450 - Retail sales establishments.

The definition of retail sales establishments includes the following:

Apparel store

Automobile sales and service

Automobile supply store Bakery

Bicycle shop

Billiard and pool hall

Blueprint and photostat shop

Boat sales and service store

Bookstore Cafe, including restaurant and outdoor cafe

Camera shop

Candy store

Catering shop

Clothing and costume rental establishment

Dairy product store

Delicatessen

Department store Dressmaking shop Drive-in restaurant Drug store Dry goods store Electrical appliance store Employment agency

Florist

Food locker Food store Furniture store Hardware store

Health food store Hobby supply store Home furnishing store

Hotel

Household appliances and minor repair shop

Jewelry store

Leather goods and luggage store

Liquor store

Locksmith

Messenger office

Millinery shop

Motel and apartment hotel

Motorcycle and automobile parts sales rooms for new parts

Music store

Office machines and business machines store

Office supply store

Offices and office buildings other than professional and administrative offices

Paint and wallpaper store

Parcel delivery service

Pawn shop

Pet and bird store

Photographic supplies shop

Plumbing, heating and ventilating equipment showroom with floor samples only

Radio and television broadcasting studio

Radio and television store and repair shop

Secondhand store

Secretarial service establishment

Shoe repair shop

Shoe store

Soda fountain

Sporting goods store

Stamp and coin store

Stationery store

Supermarket

Tailor and dressmaker

Retail sales establishments

Taxidermist

Tea room

Telephone answering service

Telegraph office

Toy store

Travel bureau

Upholstery shop

Variety store

Other commercial activities not engaged in major repairing, wholesaling, or bulk distribution activities and which are similar by the interpretation of the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.04.455 - Road.

"Road" means a public or private right-of-way usually affording primary access to abutting property.

(Ord. 525 § 1(part), 1989).

18.04.460 - Roadside stand.

"Roadside stand" means a temporary structure used or intended to be used solely by the owner or tenant of the farm on which such building is located for the purpose of selling produce raised on that farm. Roadside stands are allowed by right in all agricultural zone districts. All structures must comply with setbacks and provide parking as per Chapter 18.102. Consult with the public works for an encroachment permit.

(Ord. No. 525-769, § 6 (Exh. B), 3-21-17; Ord. 525 § 1(part), 1989).

18.04.465 - Sand pit.

"Sand pit" means an area used for the removal of sand for commercial purposes from the earth by excavating, stripping, digging or boring or any other such process.

(Ord. 525 § 1(part), 1989).

18.04.470 - Semi-public buildings.

"Semi-public buildings" means churches, rest homes, private hospitals and other similar buildings by interpretation of the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.04.475 - Setback.

"Setback" means the horizontal distance between the edge of the public right-of-way and the nearest structure associated with land use on that lot.

(Ord. 525 § 1(part), 1989).

"Sewered district" means an area serviced by a public sewage disposal system.

(Ord. 525 § 1(part), 1989).

18.04.485 - Sign.

"Sign" means any advertising surface containing, or upon which is placed or optically projected, any name, figure, character, outline, spectacle, display, delineation, announcement, advertising, device, appliance or other thing of similar nature to attract attention outdoors, and includes all parts, portions, units, vehicles and materials composing the same, together with the frame, background, surface, support or enclosures therefor.

(Ord. 525 § 1(part), 1989).

18.04.490 - Small livestock farming.

"Small livestock farming" means the raising and/or keeping of more than twelve chickens, turkeys, pigeons, ducks, geese, guinea fowl or similar fowl, or any animal such as sheep, goats or other livestock, more than four cats, dogs, monkeys or exotic animals, or any fowl or animals for commercial purposes.

(Ord. 525 § 1(part), 1989).

"Solar farm" is a solar-power generating facility that converts solar energy (energy from the sun) into electrical power. "Solar farm" includes, but is not limited to, both photovoltaic and concentrating solar power (CSP) methods utilized at a large scale for commercial purposes regulated by the public utility commission.

(Ord. No. 525NN, § 1, 4-27-10).

"Private stable" means any building or premises where four (or an additional number which may be specified on the zoning permit) private draft or riding animals are kept, wherein such use is accessory to residential use of the property on which the building is located.

(Ord. 525 § 1(part), 1989).

"Public stable" means any building or premises, other than a private stable, where animals are kept, cared for, hired, sold or held for monetary gain as a business.

(Ord. 525 § 1(part), 1989).

18.04.505 - Story.

"Story" means that portion of a building included between the surface of a floor and the surface of the floor next above it; or, if there be no floor above it, then the space between the floor and the roof above it. A basement or cellar having one-half or more of its height aboveground is a story for purposes of height regulation.

(Ord. 525 § 1(part), 1989).

18.04.510 - Street.

"Street" means a public or private right-of-way usually affording primary access to abutting property.

(Ord. 525 § 1(part), 1989).

18.04.515 - Street, frontage.

"Frontage street" means a street contiguous and parallel to a traffic artery and affording direct vehicular access to abutting property.

(Ord. 525 § 1(part), 1989).

18.04.520 - Structural alterations.

"Structural alterations" means any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls.

(Ord. 525 § 1(part), 1989).

18.04.525 - Structures.

A.

Structure, Generally. "Structure" means anything constructed, erected or buried, the use of which requires permanent location on, in the ground, or by attachment to something having a permanent location on or in the ground. All fixed and/or nonportable structure on, beneath or above the ground, except curbings and pavements or drainage control devices on or under the ground. Mailboxes, fences, signs and outdoor advertising structures are included in the definition but mailboxes are exempt from the structure location regulations specified in each of the zoning districts contained in this title. All structures must comply with the setback requirements outlined in Sections 18.98.040 and 18.98.050 of this title and applicable building and fire codes.

B.

Structure, Completely Enclosed. "Completely enclosed structure" means a structure that consists of at least three nonmovable walls, roof and permanent floor, and with one wall including an opening with attached approved door that provides a sufficiently large opening for at least one person at a time to enter and exit, and which is capable of providing complete enclosure of the interior. For completely enclosed

structures used as garages, as defined in this chapter, the opening and door shall be large enough to allow entry by a motor-driven vehicle. Except as otherwise provided in this chapter, only completely enclosed structures may be used for storage of abandoned, wrecked, inoperative and/or dismantled vehicles.

(Ord. 525S § 8, 2006: Ord. 525 § 1(part), 1989).

18.04.530 - Structure, nonconforming.

"Nonconforming structure" means a building, structure, or portion thereof lawfully existing at the time of the passage of the ordinance codified herein, but which does not conform in one or more respects to the regulations of this title.

(Ord. 525 § 1(part), 1989).

18.04.533 - Supportive housing.

"Supportive housing" shall mean housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Allowed in all zone districts that permit residential units.

(Ord. No. 669, § 4 (Exh. B), 5-19-14).

18.04.535 - Sustained yield forestry.

"Sustained yield forestry" means the management of forested lands to provide annual or periodic crops of forest products.

(Ord. 525 § 1(part), 1989).

18.04.540 - Temporary structure.

"Temporary structure" means a movable structure, not designed for human habitation or occupancy, but for the temporary protection of goods or chattels during a period of construction but not to exceed one year; for the enclosure or screening of goods or property as an accessory building to an authorized use not to exceed one year; or for the display of signs and advertising for such a time as specified on a conditional use permit.

(Ord. 525 § 1(part), 1989).

18.04.545 - Tent camp.

"Tent camp" means an area or tract of land or a designated section within a travel trailer park or mobilehome park where one or more lots or sites are rented or leased or held out for rent or lease to owners or users of tents or other forms of outdoor camping other than those listed under the definitions of mobilehome, park and travel trailer park.

(Ord. 525 § 1(part), 1989).

Editor's note— Ord. No. 525-770, § 9, adopted March 21, 2017, repealed § 18.04.550, which pertained to the definition for tourist home and derived from Ord. No. 525, 1989.

"Transitional housing" shall mean rental housing 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, and in no case more than two years. Transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Allowed in all zone districts that permit residential units.

(Ord. No. 669, § 5 (Exh. B), 5-19-14).

"Travel trailer park" means an area or tract of land or a designated section within a mobilehome park where one or more lots or sites are rented or leased or held out for rent or lease to owners or users of travel trailers, camper units used for travel or recreational purposes.

(Ord. 525 § 1(part), 1989).

A.

Vehicle, Abandoned. "Abandoned vehicle" means any vehicle that is wrecked, dismantled, inoperative, and/or cannot be legally operated on public ways because of lack of a license, and which is left on a highway, public or private property, exterior of a completely enclosed structure or at a lawful dismantling or wrecking yard, in such wrecked, dismantled, inoperative and/or unlicensed condition that the owner's intent to relinquish all further rights or interest in it may be reasonably concluded.

B.

Vehicle, Dismantled. "Dismantled vehicle" means any vehicle that is partially or completely disassembled.

C.

Vehicle, Inoperative. "Inoperative vehicle" means any motor-driven vehicle that, upon demand, cannot be started and moved a minimum of two hundred feet forward and one hundred feet backward under its own power. "Inoperative vehicle" shall also mean any vehicle that is listed with the California Department of Motor Vehicles under "planned non-operation" status, as provided by the California Vehicle Code.

D.

Vehicle, Wrecked. "Wrecked vehicle" means any vehicle that is damaged to such an extent that it cannot be operated upon the highway, public or private property, regardless of licensing status.

E.

Vehicle, Public Nuisance. "Public nuisance vehicle" means any vehicle or a portion of a vehicle that is abandoned, wrecked, dismantled or inoperative and that is on public or private property, not including highways or the interior of a completely enclosed structure or lawful dismantling or wrecking yard, and that is a public nuisance by creating a condition that is offensive to the senses, or obstructs the free use of public property, or promotes blight and deterioration, or otherwise jeopardizes health, safety, and general welfare of the public or a considerable number of persons.

(Ord. 525S § 9, 2006).

18.04.560 - Vision setback.

"Vision setback" means a space unoccupied by visual obstructions.

(Ord. 525 § 1(part), 1989).

18.04.565 - Visual obstruction.

"Visual obstruction" means any fence, hedge, tree, shrub, wall, structure or other form of permanent or semi-permanent object exceeding three feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in vehicles on said streets, alleys or driveways.

(Ord. 525 § 1(part), 1989).

18.04.570 - Yard, front.

"Front yard" means a yard extending across the front of the lot between the inner side yard lot lines and lying between the front line of the lot and the nearest line of the building.

(Ord. 525 § 1(part), 1989).

18.04.575 - Yard, rear.

"Rear yard" means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

(Ord. 525 § 1(part), 1989).

18.04.580 - Yard, side.

"Side yard" means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

(Ord. 525 § 1(part), 1989).

18.04.581 - Wineries.

"Winery" means an agricultural processing facility producing wine from fruit or fruit juices through fermentation or the refermenting of still wine into sparkling wine that is bonded through the alcohol,

tobacco tax and trade bureau and has a current California Alcohol Beverage Control Type 2 Winegrower's License.

(Ord. No. 525-769, § 6 (Exh. B), 3-21-17).

18.04.582 - Wrecking or dismantling yard.

"Wrecking or dismantling yard" means an approved commercial or industrial structure and zoned premise used for storage and/or dismantling of abandoned, wrecked, dismantled or inoperable vehicles, including commercial and recreational vehicles, trailers, boats and motorcycles. All wrecking or dismantling yards shall, at a minimum, be enclosed by an eight-foot high solid wall, with secured openings, appropriate lighting, and concrete surface, and shall have approved means of catching and disposing of all waste generated on-site.

(Ord. 525S § 10, 2006).

18.04.585 - Zoning administrator.

See Section 18.02.050, Zoning administrator.

(Ord. 525 § 1(part), 1989).

18.04.590 - Zoning agency.

See Section 18.02.060, Zoning agency.

(Ord. 525 § 1(part), 1989).

Chapter 18.06 - ADMINISTRATION

The zoning agency shall oversee the administration of this title, hold the necessary public hearings, issue and revoke conditional use permits, grant and revoke variances, and make recommendations to the Madera County board of supervisors relative to all zoning matters.

(Ord. 525 § 1(part), 1989).

18.06.020 - Zoning administrator—Duties.

In the administration and enforcement of this title, the zoning administrator or his designated representative shall perform the following duties:

A.

Issue the necessary zoning and use permits, provided the provisions of this title and of any applicable regulation thereto have been complied with and make, or cause to be made, the necessary inspections;

B.

Function as secretary to the zoning agency;

C.

Advise the zoning agency and the board of supervisors on matters pertaining to zoning;

D.

Issue a citation to any person violating any requirement of this title and administer the enforcement provisions of this title.

(Ord. 525 § 1(part), 1989).

An individual or individuals that have a physical or mental disability, as defined in the Americans with Disabilities Act of 1990 and State Fair Housing laws, may request that a reasonable accommodation be made if it can be demonstrated that adopted ordinances, policies, programs, permitting processes or fees, which are administered by the planning department, will create an undue burden upon that individual or individuals. Such a request may be filed in writing or verbally in conjunction with a personal appointment with the planning director. A qualifying disabled individual is any person who has a physical or mental impairment that substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such impairment. Individuals who are currently using illegal controlled substances are not included; however, former abusers enrolled in a recovery program are included. If an individual needs assistance in making a request for reasonable accommodation, the department will endeavor to provide the assistance required. The planning director is authorized to make such an accommodation if it is determined that the request is reasonable and will not result in any of the following:

A.

A fundamental alteration of the county's ordinances, policies or programs;

B.

Creation of an undue administrative burden on the department; or

C.

Creation of an undue financial burden on the department. Such an accommodation shall only be made if the planning director determines that there will be no resulting significant impacts to the public's health, safety or welfare. In the event that the request for a reasonable accommodation is denied by the planning director, the decision may be appealed to the planning commission if filed within fourteen days from the date of said decision.

(Ord. No. 669, § 6 (Exh. B), 5-19-14).

In the enforcement of this title, the zoning administrator shall have the power and authority, upon reasonable cause to question as to proper compliance, to revoke any zoning permit and issue cease and

desist orders requiring the cessation of any building, structure erection, moving, alteration, placement or use which is in violation of the provisions of this title. Such revocation shall be in effect until reinstated by the zoning administrator.

(Ord. 525 § 1(part), 1989).

Zoning administrator approval shall be required for all buildings and structures hereafter erected, constructed, altered, repaired, replaced, placed or moved within or into any zoning district established by this title and for the use of vacant land or for a change in character of the use of land within any zoning district established by this title.

(Ord. 525 § 1(part), 1989).

Where construction or alteration of a building or structure is a part of the land use proposed for this site, this requirement for an approval may be fulfilled by the signature of the zoning administrator and the completion of the appropriate blanks on the "building application and permit" issued by the Madera County department of engineering and general services, division of building and safety.

(Ord. 525 § 1(part), 1989).

Application for approval shall be made to the zoning administrator in writing on the form prescribed by the zoning agency and shall be accompanied by plans and elevations necessary to show the detail of the proposed use of the land.

(Ord. 525 § 1(part), 1989).

Upon determination by the zoning administrator that a conflict exists between the proposed use of the land or is inherent in the erection, construction, alteration, repair or movement of a building or structure within or into the zoning district, he shall not sign the application either on the building application and permit or other approval form.

(Ord. 525 § 1(part), 1989).