Chapter 18.08 — DISTRICTS ESTABLISHED—MAPPED

For the purpose of this title, Madera County is divided into zoning districts which shall be designated as follows:

RUS — Residential, urban, single family district

RRS — Residential, rural, single family district

RRS-2 — Residential, rural, single family (two acre) district

RRS-5 — Residential, rural, single family (five acre) district

RRS-l0 — Residential, rural, single family (ten acre) district

RMS — Residential, mountain, single family district

RUM — Residential, urban, multiple family district

RRM — Residential, rural, multiple family district

CUG — Commercial, urban, general district

CRG — Commercial, rural, general district

CUM — Commercial, urban, median district

CRM — Commercial, rural, median district

CUR — Commercial, urban, restricted district

• CRR — Commercial, rural, restricted district

CRH — Commercial, rural, highway district

I-L — Industrial, urban or rural, light district

I-H — Industrial, urban or rural, heavy district

QMD — Quarrying, mining, and drilling district

IA — Institution area district

OSS — Open space district

POS — Public open space district

AR-5 — Agricultural, rural, (five acre) district

ARE-20 — Agricultural, rural, exclusive (20 acre) district

ARE-40 — Agricultural, rural, exclusive (forty acre) district

ARE-80, 160, 320, 640 — Agricultural, rural, exclusive (80, 160, 320, 640 acre) district

ARV-20 — Agricultural, rural, valley (twenty acre) district

ARF — Agricultural, rural, foothill district

-RM — Rural, mountain district

PIA — Planned recreation area district

PRD — Planned residential development district

PSC — Planned shopping center district

PIP — Planned industrial park district

TPZ — Timber preserve zone

AAO — Airport/airspace overlayed district

SHO — Scenic highway overlayed district

MHA — Manufactured housing architectural review overlayed district

(Ord. 525 § 1(part), 1989).

A.

The boundaries of the above districts are shown upon official zoning maps. All the notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by said maps were all fully described herein.

B.

The official zoning maps shall be kept on file in the offices of the county zoning administrator.

(Ord. 525 § 1(part), 1989).

Zoning district boundaries shall be determined by measurement from, and as shown on, the official zoning maps and in case of any questions as to the interpretation of such boundary lines, the zoning administrator shall interpret the map.

A.

Unless otherwise indicated or dimensioned on the maps, the zoning district boundaries are lot lines existing at the time of the generation of the zoning district map; section, quarter section, or sixteenth section lines; or the right-of-way line of streets, highways, rights-of-way or alleys.

B.

Where a zoning district boundary line is indicated as following a public right-of-way, river, canal or lake, the edge of such feature shall be considered to be the boundary line of the district unless otherwise shown.

C.

The boundaries of public open space and open space zoning districts along a stream, canal, slough or watercourse as drawn are intended to represent the edge of swamps, marshes and floodplains or high water lines along a stream, canal, slough or watercourse and shall be finally determined by the actual conditions in each specific situation; provided, however, that along the stream, canal, slough or watercourse, such line shall not be less than one hundred feet from the center of such a stream, canal, slough or watercourse unless specifically designated otherwise on the zoning district map.

(Ord. 525 § 1(part), 1989).

Chapter 18.10 - GENERAL DISTRICT REGULATIONS

A.

The districts established in Section 18.08.010 of this title shall contain the specific regulations and requirements as shown in the following chapters.

B.

A dash shown in the blank space indicates no specific regulation of that requirement.

C.

Where two distances are indicated for setbacks, the fronts of structures may be located at either the rightof-way or else at, or more than, the other distance shown.

D.

Where two distances are shown for offsets, one such distance shall be the minimum on one side, and the other such distance shall be the minimum on the other side.

(Ord. 525 § 1(part), 1989).

Chapter 18.11 - RESIDENTIAL ZONE DISTRICTS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 525VV, adopted July 18, 2017, repealed Chapters 18.12, 18.13, 18.14, 18.16, 18.18, 18.20, 18.22, 18.23, 18.24, 18.26 and 18.66, and combined said chapters into Chapter 18.11 and made other amendatory changes to Title 18.

The purpose of the residential zones is to provide for areas of residential development at various specified densities throughout the county. The residential zones are intended to accommodate a variety of housing types and to encourage the provision of housing for all citizens of Madera County. It is also intended that

the residential zones reflect the desired development patterns in existing neighborhoods while accommodating the need for future growth.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

The purpose of the RUS zone is to provide for single family dwelling units on smaller lots than the RRS zone. Lots one-acre or less must have urban services such as community sewer and water.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

The purpose of the RX zone is to provide for both attached and detached single dwelling units on smaller lots than are required in the RUS zone. It is intended that this zone provide an alternative to multiple dwelling unit developments where single dwelling unit developments could be developed at similar densities. The RX zone provides for a wide variety of residential development patterns. This zone district would only be allowed to be used in conjunction with the village core overlay district.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

18.11.040 - Purpose of the RRS (residential, rural, single family dwelling) zones.

A.

The purpose of the RRS zones is to provide for single dwelling units on large lots with some accessory agricultural uses. It is intended that this zone be applied to areas that are rural in character, where the retention of low density residential development is desired. Each of the RRS zones is intended to establish development criteria.

B.

The RRS zones are differentiated based upon applicable development regulations as follows:

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

18.11.050 - Purpose of the RMS (residential mountain single family) zone.

Purpose of the RMS (residential mountain single family) zone is to provide for dwelling units on varied size lots with some accessory agricultural uses. Minimum lots size of one acre. The RMS zone district is intended to be applied to areas that are rural in character and is less restrictive.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

The purpose of the RT zone is to provide for attached, single-dwelling unit residential development on small lots with alley access. It is intended that these zones provide for more urbanized, single-unit living at densities that are historically more typical of multiple-unit zones. The RT zones provide transition opportunities between single-unit neighborhoods and higher density multiple-unit neighborhoods and in some instances may replace multiple-unit zones at similar densities. The RT zones are intended to be applied on subdivided blocks with alleys that are within or close to highly urbanized areas, transit areas. This zone district would only be allowed to be used in conjunction with the village core overlay district.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

The purpose of the RUM (residential urban single family) zone is to provide for multiple family dwelling unit development. Lots of one acre or less, require urban services such as community sewer and water. Minimum lot size with urban services is six thousand square feet. Multiple family dwellings require one thousand seven hundred square feet of land per family.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17)

(Ord. No. 525ZZ, § 1, 10-14-25; Ord. No. 525YY, § 1, 12-17-24)

The purpose of RRM (residential rural single family) zone is to provide for multiple family dwelling units on larger lots. Minimum lot size is one acre. Urban services are not required.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

Purpose of the RM (residential mountain family) zone is to provide for dwelling units on varied size lots with some accessory agricultural uses. Minimum lot size of one acre. The RM zone district is intended to be applied to areas that are rural in character and is less restrictive.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

The regulations of this section apply in the residential zones unless otherwise specifically provided by footnotes indicated in the table. The uses permitted in any zone may be further limited if environmentally sensitive lands are present, pursuant to Title 16.

A.

Within the residential zones, no structure or improvement, or portion thereof, shall be constructed, established, or altered, nor shall any premises be used or maintained except for one or more of the purposes or activities listed in the table. It is unlawful to establish, maintain, or use any premises for any purpose or activity not listed in this section.

B.

All uses or activities permitted in the residential zones shall be conducted entirely within an enclosed building unless the use or activity is traditionally conducted outdoors.

C.

The rental of an entire single family dwelling, regardless of the tenure or length of tenancy is a permitted use in all residential zone districts.

D.

For any use that cannot be readily classified, the zoning administrator shall determine the appropriate use category and use subcategory pursuant to Section 18.104.010.

Use Regulations Table of Residential Zones

The uses allowed in the residential zones are shown in the attached table.

Permitted Land Uses in Residential Zones

1.

The noncommercial raising of bovine animals, equine animals, swine, sheep and goats where the lot area is one acre or more provided that the number thereof in any combination shall not exceed four adult animals per acre, with not more than two adult animals and three immature offspring of a bovine, equine type, or combination thereof per acre.

2.

The noncommercial raising of poultry, rabbits and other similar small animals where the lot area is one acre or more provided that the number per acre, or combination thereof, shall not exceed twenty-four.

3.

All pens, coops, stables or barns for the keeping of the above indicated animals must comply with the structure setback requirements for this district and shall not be constructed within fifty feet of any structure designed for human habitation.

** This zone district would only be allowed to be used in conjunction with the village core overlay district.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

(Ord. No. 525ZZ, § 2, 10-14-25)

18.11.110 - Development regulations of residential zones.

A.

Within the residential zones, no structure or improvement shall be constructed, established, or altered, nor shall any premises be used unless the premises complies with the regulations and standards in this division and with any applicable development regulations.

B.

The regulations in this section apply to all development in the residential zones whether or not a permit or other approval is required except where specifically identified.

C.

Temporary uses may be permitted in the residential zones for a limited period of time with a zoning permit in accordance with Chapter 18.104.

D.

For any use that cannot be readily classified, the zoning administrator shall determine the appropriate use category and use subcategory pursuant to Chapter 18.104.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

The development standards table for residential zones identifies the parcel size, density standards, lot coverage, setbacks and height regulations that apply in the residential zones.

Parcel Size, Density and Setback for Residential Zones

*Additional houses, not to exceed a ratio of one dwelling unit per forty acres in the ranch or farm.

**Only allows in the village core overlay district.

Setbacks are measured from the property line to the wall of the structure. Front setbacks are measured from the road right-of-way to the wall of the structure.

If two or more roadways border the parcel, the front of the house will require front (twenty-five feet from road right-of-way) setbacks. If a driveway accesses a different roadway from the front of the house, a twenty-five-foot setback from the road right-of-way will be required.

(Ord. No. 525VV, § 3 (Exh. C), 7-18-17).

(Ord. No. 525ZZ, § 3, 10-14-25; Ord. No. 525YY, § 2, 12-17-24)

Chapter 18.27 - MCN—MIXED USE COMMERCIAL NEIGHBORHOOD DISTRICT

18.27.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Retail sales establishment.

2.

Customer service establishment.

3.

Restricted retail sales establishment.

4.

Professional offices.

5.

Sidewalk cafes.

6.

One single family dwelling in permanent structure in combination with commercial establishment (under one roof).

a.

Ground Floor Restriction. Residential use and residential parking are prohibited on the ground floor in the front half of the lot.

B.

Uses Allowed with Zoning Permit.

1.

Nursery and garden supply store.

2.

Outdoor theaters.

C.

Uses Allowed with Conditional Use Permit. (Please see Chapter 18.94 for additional restrictions as to certain uses.)

1.

Animal hospitals.

2.

Churches and places of religious assembly.

3.

Educational facilities.

4.

Public and semipublic buildings and uses.

5.

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

(Ord. 525DD § 1(part), 2007).

Structure location regulations are:

A.

Setback from edge of right-of-way: ten feet, minimum;

B.

Side yard offset: zero feet, minimum; ten feet maximum;

C.

Rear yard offset: ten feet, minimum.

(Ord. 525DD § 1(part), 2007).

18.27.030 - Structure height regulations.

Structure height regulations are:

A.

Principal building or structure height: thirty-five feet, maximum.

(Ord. 525DD § 1(part), 2007).

18.27.040 - Lot dimension regulations.

Lot dimension regulations are:

A.

Lot area: two thousand five hundred square feet, minimum;

B.

Minimum lot width: twenty-five feet, minimum;

C.

Minimum street frontage: twenty-five feet, minimum;

D.

Lot length to width ratio permitted: four to one, maximum;

E.

Floor area to lot area ratio permitted: one hundred percent maximum (three).

(Ord. 525DD § 1(part), 2007).

18.27.050 - Off-street parking area requirements.

Off-street parking area requirements are:

A.

Number of Parking Spaces Required.

Per parking ordinance, Chapter 18.102.

(Ord. 525DD § 1(part), 2007).

Chapter 18.28 - CUG—COMMERCIAL, URBAN, GENERAL DISTRICT

18.28.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

General commercial establishment,

2.

Restricted retail sales establishment,

3.

Customer service establishment,

4.

Retail sales establishment;

B.

Uses allowed with zoning permit: one single family dwelling;

C.

Uses Allowed with Conditional Use Permit.

1.

Drive-in establishment,

2.

Multiple family dwelling in permanent structure(s),

3.

Laboratories for testing, experimental or analytical purposes (see Chapter 18.94),

Cemeteries and mausoleums (see Chapter 18.94),

5.

Private clubs and outdoor recreation facilities (see Chapter 18.94),

6.

Outdoor theaters (see Chapter 18.94),

7.

Public and semipublic buildings and uses,

8.

Outdoor storage,

9.

Communications tower/wireless communications facility,

Mini storage facility (see Section 18.94.075).

(Ord. 525O § 3, 2003; Ord. 525H § 2, 1999: Ord. 525 § 1(part), 1989).

18.28.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: ten feet, minimum

B.

Side yard offset: five feet, minimum;

C.

Rear yard offset: ten feet, minimum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 4, 10-14-25)

18.28.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: thirty-five forty feet, maximum

B.

Accessory building or structure height: fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 4, 10-14-25)

18.28.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: six thousand square feet, minimum;

B.

Average lot width: fifty feet, minimum;

C.

Lot length to width ratio permitted: three to one, maximum;

D.

Dwelling floor area to lot area ratio permitted: fifty percent maximum;

E.

Total buildings area to lot area ratio permitted: ninety percent maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.30 - CRG—COMMERCIAL, RURAL, GENERAL DISTRICT

18.30.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

General commercial establishment,

Restricted retail sales establishment,

3.

Customer service establishment,

4.

Retail sales establishment;

B.

Uses allowed with zoning permit: one single family dwelling;

C.

Uses Allowed with Conditional Use Permit.

1.

Multiple family dwelling in permanent structure(s),

2.

Drive-in establishment,

3.

Private clubs and outdoor recreation facilities (see Chapter 18.94),

4.

Cemeteries and mausoleums, (see Chapter 18.94),

5.

Laboratories for testing, experiments or analytical purposes (see Chapter 18.94),

6.

Outdoor theaters (see Chapter 18.94),

7.

Public and semipublic buildings and uses,

8.

Junkyard (see Chapter 18.94),

Outdoor storage,

Communications tower/wireless communications facility,

Mini storage facility (see Section 18.94.075).

(Ord. 525O § 4, 2003; Ord. 525H § 3, 1999: Ord. 525 § 1(part), 1989).

18.30.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: twenty-five feet, minimum;

B.

Side yard offset: five feet, minimum;

C.

Rear yard offset: twenty feet, minimum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 5, 10-14-25)

18.30.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: forty feet, maximum per establishment and/or per dwelling

B.

Accessory building or structure height: fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 5, 10-14-25)

18.30.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: one acre, minimum;

B.

Average lot width: one hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: three to one, maximum;

D.

Dwelling floor area to lot area ratio permitted: thirty percent, maximum

E.

Total buildings area to lot area ratio permitted: forty percent, maximum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 5, 10-14-25)

Chapter 18.32 - CUM—COMMERCIAL, URBAN, MEDIAN DISTRICT

Land use regulations are:

A.

Permitted Uses.

1.

Retail sales establishment,

2.

Customer service establishment,

3.

Restricted retail sales establishment,

4.

Professional offices;

B.

Uses allowed with zoning permit: one single family dwelling;

C.

Uses Allowed with Conditional Use Permit. (See Chapter 18.94 for additional restrictions as to certain uses.)

1.

Animal hospitals, kennels and laboratories using animals or animal products,

2.

Automobile repairing, overhauling, rebuilding and painting,

3.

Automobile service stations,

4.

Building materials yard,

5.

Cemeteries and mausoleums,

6.

Cleaning plant,

7.

Cold storage plant,

8.

Contractor's storage area,

9.

Drive-in establishment,

10.

Equipment rental yard,

11.

Feed and seed store,

12.

Laboratories for testing, experimental or analytical purposes,

Machine shop,

14.

Machinery sales and rental,

15.

Multiple family dwelling in permanent structure(s),

16.

Nursery and garden supply store,

Outdoor theaters,

18.

Packing and crating service,

19.

Plumbing, heating, ventilating and air conditioning shop, including sheet metal shop,

Private clubs and outdoor recreational facilities,

Public and semipublic buildings and uses,

22.

Public utility yard,

Tire sale store,

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

Welding shop,

Wholesale establishments,

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

Communications tower/wireless communications facility,

Mini storage facility (see Section 18.94.075).

(Ord. 525O § 5, 2003; Ord. 525H § 4, 1999: Ord. 525 § 1(part), 1989).

18.32.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: ten feet, minimum;

B.

Side yard offset: five feet, minimum;

C.

Rear yard offset: ten feet, minimum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 6, 10-14-25)

18.32.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: forty feet, maximum

B.

Accessory building or structure height: fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 6, 10-14-25)

18.32.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: six thousand square feet, minimum;

B.

Average lot width: fifty feet, minimum;

C.

Lot length to width ratio permitted: three to one, maximum;

D.

Dwelling floor area to lot area ratio permitted: forty percent maximum;

E.

Total buildings area to lot area ratio permitted: eighty percent, maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.34 - CRM—COMMERCIAL, RURAL, MEDIAN DISTRICT

18.34.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Retail sales establishment,

2.

Customer service establishment,

3.

Restricted retail sales establishment,

4.

Professional office,

Emergency shelter;

B.

Uses allowed with zoning permit: One single family dwelling;

C.

Users Allowed with Conditional Use Permit. (See Chapter 18.94 for additional restrictions to certain uses.)

1.

Animal hospitals, kennels and laboratories using animals or animal products,

2.

Automobile repairing, overhauling, rebuilding, and painting,

3.

Automobile service stations,

4.

Building materials yard,

5.

Cemeteries and mausoleums,

6.

Cleaning plant,

7.

Cold storage plant,

8.

Contractor's storage area,

9.

Drive-in establishment,

10.

Equipment rental yard,

11.

Feed and seed store,

Laboratories for testing, experimental or analytical purposes,

13.

Machine shop,

14.

Machinery sales and rental,

15.

Multiple family dwelling in permanent structure(s),

16.

Nursery and garden supply store,

Outdoor theaters,

Packing and crating service,

19.

Plumbing, heating, ventilating, and air conditioning shop, including sheet metal shop,

Private clubs and outdoor recreational facilities,

Public and semipublic buildings and uses,

Public utility yard,

Tire sale store,

24.

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

Welding shop,

26.

Wholesale establishments,

27.

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

Communications tower/wireless communications facility,

Mini storage facility (see Section 18.94.075).

(Ord. No. 669, § 23 (Exh. B), 5-19-14; Ord. 525O § 6, 2003; Ord. 525H § 5, 1999: Ord. 525 § 1(part), 1989).

18.34.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Twenty feet, minimum;

B.

Side yard offset: five feet, minimum;

C.

Rear yard offset: Fifteen feet, minimum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 7, 10-14-25)

18.34.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: Forty feet, maximum

B.

Accessory building or structure height: Fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 7, 10-14-25)

18.34.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One acre, minimum;

B.

Average lot width: One hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: Three to one, maximum;

D.

Dwelling floor area to lot area ratio permitted: Twenty percent maximum;

E.

Total buildings area to lot area ratio permitted: Forty percent maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.36 - CUR—COMMERCIAL, URBAN, RESTRICTED DISTRICT

18.36.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Restricted retail sales establishment,

2.

Professional office,

3.

Multiple family dwelling in permanent structure(s),

One single family dwelling in permanent structure or one manufactured home on permanent foundation (see Section 18.04.330 for manufactured housing),

5.

Emergency shelter;

B.

Uses Permitted with Zoning Permit. None specified;

C.

Uses allowed with Conditional Use Permit.

1.

Establishment serving liquor for consumption on the premises,

2.

Churches, synagogues and other buildings for religious assembly,

3.

Cemeteries and mausoleums (see Chapter 18.94),

4.

Laboratories for testing, experimental, or analytical purposes (see Chapter 18.94),

5.

Private clubs and outdoor recreation facilities (see Chapter 18.94),

6.

Public and semipublic buildings and uses,

7.

Communications tower/wireless communications facility.

(Ord. No. 669, § 24 (Exh. B), 5-19-14; Ord. 525H § 6, 1999: Ord. 525 § 1(part), 1989).

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Ten feet, minimum;

B.

Side yard offset: Five feet, minimum;

C.

Rear yard offset: Ten feet, minimum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 8, 10-14-25)

18.36.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: Forty-five feet, maximum;

B.

Accessory building or structure height: Fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

(Ord. No. 525ZZ, § 8, 10-14-25)

18.36.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: six thousand square feet, minimum;

B.

Average lot width: Sixty feet, minimum;

C.

Lot length to width ratio permitted: Three to one maximum;

D.

Dwelling floor area to lot area ratio permitted: Thirty percent, maximum;

E.

Total building area to lot area ratio permitted: sixty percent, maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.37 - MCM—MIXED USE COMMERCIAL MULTIPLE FAMILY DISTRICT

18.37.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Retail sales establishment.

2.

Customer service establishment.

3.

Restricted retail sales establishment.

4.

Professional offices.

Sidewalk cafes.

6.

Multiple family dwelling in permanent structure in combination with commercial establishment (under one roof).

a.

Ground Floor Restriction. Residential use and residential parking are prohibited on the ground floor in the front half of the lot.

B.

Uses Allowed with Zoning Permit.

1.

Nursery and garden supply store.

Outdoor theaters.

C.

Uses Allowed with Conditional Use Permit. (Please see Chapter 18.94 for additional restrictions as to certain uses.)

1.

Animal hospitals.

2.

Churches and places of religious assembly.

3.

Educational facilities.

4.

Public and semipublic buildings and uses.

5.

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

(Ord. 525EE § 1(part), 2007).

18.37.020 - Structure location regulations.

Structure location regulations are:

A.

Setback from edge of right-of-way: five feet, minimum; fifteen feet maximum

B.

Side yard offset: zero feet, minimum; ten feet maximum;

C.

Rear yard offset: ten feet, minimum."

(Ord. 525EE § 1(part), 2007).

(Ord. No. 525ZZ, § 9, 10-14-25)

18.37.030 - Structure height regulations.

Structure height regulations are:

A.

Principal building or structure height: forty feet, maximum.

(Ord. 525EE § 1(part), 2007).

(Ord. No. 525ZZ, § 9, 10-14-25)

18.37.040 - Lot dimension regulations.

Lot dimension regulations are:

A.

Lot area: two thousand five hundred square feet, minimum, two thousand per family;

B.

Minimum lot width: twenty-five feet, minimum;

C.

Minimum street frontage: twenty-five feet, minimum;

D.

Lot length to width ratio permitted: four to one, maximum;

E.

Floor area to lot area ratio permitted: one hundred percent maximum (three).

(Ord. 525EE § 1(part), 2007).

18.37.050 - Off-street parking area requirements.

Off-street parking area requirements are:

A.

Number of Parking Spaces Required.

1.

Per parking ordinance, Chapter 18.102.

(Ord. 525EE § 1(part), 2007).

Chapter 18.38 - CRR—COMMERCIAL, RURAL, RESTRICTED DISTRICT

Land use regulations are:

A.

Permitted Uses.

1.

Restricted retail sales establishment,

2.

One two-family dwelling,

3.

Professional office,

4.

One single family dwelling in permanent structure or one manufactured home on permanent foundation (see Section 18.04.330 for manufactured housing);

B.

Uses Permitted with Zoning Permit. None specified;

C.

Uses Allowed with Conditional Use Permit.

1.

Multiple family dwelling in permanent structure(s),

2.

Establishment serving liquor for consumption on the premises,

3.

Churches, synagogues and other buildings for religious assembly,

4.

Cemeteries and mausoleums (see Chapter 18.94),

5.

Laboratories for testing, experimental or analytical purposes (see Chapter 18.94),

Private clubs and outdoor recreation facilities (see Chapter 18.94),

7.

Public and semipublic buildings and uses,

8.

Communications tower/wireless communications facility.

(Ord. 525H § 7, 1999: Ord. 525 § 1(part), 1989).

18.38.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: twenty-five feet, minimum;

B.

Side yard offset: ten feet, minimum;

C.

Rear yard offset: twenty feet, minimum.

(Ord. 525 § 1(part), 1989).

18.38.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: thirty-five feet, maximum;

B.

Accessory building or structure height: fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

18.38.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One acre, minimum per establishment.

Ten thousand square feet minimum per family in multiple family dwelling use;

B.

Average lot width: one hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: three to one, maximum;

D.

Dwelling floor area to lot area ratio permitted: twenty percent, maximum;

E.

Total buildings area to lot area ratio permitted: forty percent, maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.40 - CRH—COMMERCIAL, RURAL, HIGHWAY DISTRICT

18.40.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Restaurant,

2.

Motel,

Service station;

B.

Uses allowed with zoning permit: one single family dwelling;

C.

Uses Allowed with Conditional Use Permit.

Any commercial use determined by the zoning administrator to be directly oriented to the commercial needs of highway users,

2.

Cemeteries and mausoleums (see Chapter 18.94),

3.

Laboratories for testing, experimental or analytical purposes (see Chapter 18.94),

4.

Private clubs and outdoor recreation facilities (see Chapter 18.94),

5.

Outdoor theaters (see Chapter 18.94),

6.

Public and semipublic buildings and uses,

7.

Communications tower/wireless communications facility.

(Ord. 525H § 8, 1999: Ord. 525 § 1(part), 1989).

18.40.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Twenty-five feet, minimum;

B.

Side yard offset: Ten feet, minimum;

C.

Rear yard offset: Twenty feet, minimum.

(Ord. 525 § 1(part), 1989).

18.40.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: Thirty-five feet, maximum;

B.

Accessory building or structure height: Fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

18.40.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One acre, minimum;

B.

Average lot width: One hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: Three to one, maximum;

D.

Dwelling floor area to lot area ratio permitted: Twenty percent, maximum;

E.

Total buildings area to lot area ratio permitted: Forty percent, maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.42 - I-L—INDUSTRIAL, URBAN OR RURAL, LIGHT DISTRICT

18.42.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Light industrial use;

General commercial establishment;

3.

Customer service establishment;

4.

Communication tower/wireless communications facility placed atop an existing structure, which will not increase the height of said structure above twenty additional feet, or exceed the height limit of this zone district, whichever is greater;

5.

Motel;

6.

Office;

7.

Emergency Shelter.

B.

Uses Allowed with Zoning Permit.

1.

One single family dwelling;

2.

Communications tower/wireless communications facility placed atop or adjacent to an existing structure in instances in which the height of the proposed facility will not exceed forty additional feet (sixty additional feet if the proposal provides for colocation) above the existing structure's height;

3.

Mini storage facility (see Section 18.94.075).

C.

Uses Allowed with Conditional Use Permit.

1.

Restricted retail sales establishment;

Retail sales establishment;

3.

Airports, landing fields and airstrips;

4.

Cemeteries and mausoleums (see Chapter 18.94);

5.

Laboratories for testing, experimental or analytical purposes (see Chapter 18.94);

6.

Transit mix, concrete manufacturing or concrete goods manufacturing (see Section 18.94.120);

Outdoor theaters (see Section 18.94.090);

8.

Junkyard (see Chapter 18.94);

9.

Communications tower/wireless communications facility that does not meet the standards as specified in either subsection A or B of this section;

10.

Bulk fuel storage for distribution and resale;

11.

Solar farms.

(Ord. No. 669, § 25 (Exh. B), 5-19-14; Ord. No. 525NN, § 2, 4-27-10; Ord. 525HH § 12(part), 2008: Ord. 525O § 7, 2003; Ord. 525H § 9, 1999: Ord. 525 § 1(part), 1989).

18.42.020 - Structure location regulations.

(See also Sections 18.98.010 through 18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Twenty-five feet, minimum;

B.

Side yard offset: Ten feet, minimum;

C.

Rear yard offset: Twenty feet, minimum.

No industrial use, structure, building or storage area may be closer to the side or rear lot line than the minimum offset allowed in any abutting residential district.

(Ord. 525HH § 12(part), 2008: Ord. 525 § 1(part), 1989).

18.42.030 - Structure height regulations.

(See also Sections 18.98.100 through 18.98.130.) Structure height regulations are:

A.

Principal building or structure height: Sixty feet, maximum;

B.

Accessory building or structure height: Sixty feet, maximum.

(Ord. 525HH § 12(part), 2008: Ord. 525 § 1(part), 1989).

18.42.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One acre minimum per establishment or per single family;

B.

Average lot width: One hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: four to one, maximum in industrial use;

1.

Length to width ratio three to one for all other uses;

D.

Dwelling floor area to lot area ratio permitted: Twenty percent, maximum;

E.

Total building area to lot area ratio permitted: ninety percent, maximum in industrial uses:

Total buildings area ratio permitted, with other permitted uses, determined by the zoning administrator.

(Ord. 525HH § 12(part), 2008: Ord. 525 § 1(part), 1989).

Chapter 18.43 - MIN—MIXED USE INDUSTRIAL NEIGHBORHOOD DISTRICT

The purpose of this zone is to provide for small-scale industrial activities within urbanized areas. It is intended that the MIN zones permit a wide range of industrial and non-industrial land uses to promote economic vitality and a neighborhood scale in development. The property development regulations of the MIN zone are intended to accommodate the development of small and medium sized industrial and commercial activities by providing reduced lot area, landscaping, and parking requirements.

The mixed use industrial neighborhood district only applies to new industrial subdivisions that are zoned for this type of development prior to subdivision approval.

(Ord. 525-II § 1(part), 2008).

18.43.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Retail sales establishment;

2.

Customer service establishment;

3.

Limited light industrial;

4.

Professional offices;

5.

One single-family dwelling in permanent structure in combination with commercial/industrial establishment (separate structures).

B.

Uses Allowed with Zoning Permit.

1.

Recycling facility.

C.

Uses Allowed with Conditional Use Permit. (Please see Chapter 18.94 for additional restrictions as to certain uses.)

1.

Combination of industrial facility and dwelling unit in one structure;

2.

Refrigeration repair shop;

3.

Wholesale distribution;

4.

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

(Ord. 525-II § 1(part), 2008).

18.43.020 - Structure location regulations.

Structure location regulations are:

A.

Setback from edge of right-of-way: Thirty-five feet, minimum (due to increase truck traffic);

B.

Side yard offset: Ten feet, minimum;

C.

Rear yard offset: Ten feet, minimum.

(Ord. 525-II § 1(part), 2008).

18.43.030 - Structure height regulations.

Structure height regulations are:

A.

Principal building or structure height: Forty feet, maximum.

(Ord. 525-II § 1(part), 2008).

18.43.040 - Lot dimension regulations.

Lot dimension regulations are:

A.

Lot area: one acre;

B.

Minimum average lot width: sixty feet, minimum;

C.

Minimum street frontage: sixty feet, minimum;

D.

Lot length to width ratio permitted: Four to one, maximum;

E.

Floor area to lot area ratio permitted: One hundred percent maximum.

(Ord. 525-II § 1(part), 2008).

18.43.050 - Off-street parking area requirements.

Off-street parking area requirements are:

A.

Number of Parking Spaces Required.

1.

Per parking ordinance, Chapter 18.102.

(Ord. 525-II § 1(part), 2008).

18.43.060 - Development regulations.

A.

Maximum of three employees.

B.

Maximum industrial structure: Five thousand square feet.

(Ord. 525-II § 1(part), 2008).

Chapter 18.44 - I-H—INDUSTRIAL, URBAN OR RURAL, HEAVY DISTRICT

Land use regulations are:

A.

Permitted Uses.

1.

Heavy industrial use;

2.

Light industrial use;

3.

General commercial establishment;

4.

Transit mix operations, concrete manufacture and concrete products manufacture, according to the requirements of Section 18.94.120;

5.

Communication tower/wireless communications facility placed atop an existing structure, which will not increase the height of said structure above twenty additional feet, or exceed the height limit of this zone district, whichever is greater.

B.

Uses Allowed with Zoning Permit.

1.

One single family dwelling;

2.

Communications tower/wireless communications facility placed atop or adjacent to an existing structure in instances in which the proposed facility will not exceed forty additional feet (sixty additional feet if the proposal provides for colocation) above the existing structure's height;

Mini storage facility (see Section 18.94.075).

C.

Uses Allowed with Conditional Use Permit.

1.

Restricted retail sales establishment;

2.

Retail sales establishment;

3.

Airports, landing fields and airstrips;

4.

Cemeteries and mausoleums (see Chapter 18.94);

5.

Laboratories for testing, experimental or analytical purposes (see Chapter 18.94);

6.

Outdoor theaters (see Section 18.94.090);

7.

Junkyards (see Chapter 18.94);

8.

Communications tower/wireless communications facility that does not meet the standards as specified in either subsection A or B of this section.

9.

Solar farms.

(Ord. No. 525NN, § 2, 4-27-10; Ord. 525O § 8, 2003; Ord. 525H § 10, 1999: Ord. 525 § 1(part), 1989).

18.44.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Twenty-five feet, minimum;

B.

Side yard offset: Ten feet, minimum;

C.

Rear yard offset: Twenty feet, minimum.

(Ord. 525 § 1(part), 1989).

18.44.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building height: Sixty feet, maximum;

B.

Accessory building height: Sixty feet, maximum. For uses other than industrial, height limits shall be the same as specified in the district that matches that use.

(Ord. 525 § 1(part), 1989).

18.44.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: one acre, minimum per establishment or per family;

B.

Average lot width: one hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: Four to one, maximum in industrial use, length to width ratio three to one for all other uses;

D.

Dwelling floor area to lot area ratio permitted: Twenty percent, maximum;

E.

Total buildings area to lot area ratio permitted: Ninety percent, maximum in industrial uses, total buildings area ratio permitted, with other permitted uses, determined by the zoning administrator.

(Ord. 525 § 1(part), 1989).

Chapter 18.46 - QMD—QUARRY, MINING AND DRILLING DISTRICT

18.46.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses. Quarrying, mining, and drilling except surface mining;

B.

Uses Allowed with Zoning Permit. None specified;

C.

Uses Allowed with Conditional Use Permit.

1.

Surface mining;

2.

Manufacturing;

3.

Storage;

4.

Recreation area;

5.

Dangerous or unusual devices or material manufacturing, testing and storage;

6.

Refuse disposal sites (See Chapter 18.94);

7.

Cemeteries and mausoleums (See Chapter 18.94);

8.

Laboratories for testing, experimental or analytical purposes. (See Chapter 18.94.)

(Ord. 525 § 1(part), 1989).

18.46.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: ___ feet, minimum;

B.

Side yard offset: ___ feet, minimum;

C.

Rear yard offset: ___ feet, minimum;

All locations of structures, ore, tailing, ponds, equipment and similar things are subject to approval by the zoning agency through conditional use permit.

(Ord. 525 § 1(part), 1989).

18.46.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building height: ___ feet, maximum;

B.

Accessory building height: ___ feet, maximum.

All structure heights over sixty feet are subject to approval by the zoning agency through conditional use permit.

(Ord. 525 § 1(part), 1989).

18.46.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: ___ square feet, minimum;

B.

Average lot width: ___ feet, minimum;

C.

Lot length to width ratio permitted ___;

D.

Dwelling floor area to lot area ratio permitted: ___ maximum;

E.

Total buildings area to lot area ratio permitted: Twenty percent, maximum. Dwellings and commercial uses are not permitted in this district.

(Ord. 525 § 1(part), 1989).

Chapter 18.48 - IA—INSTITUTION AREA DISTRICT

18.48.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Noncommercial school;

2.

Church;

Penal institution;

4.

Governmental offices and courts;

Library;

6.

Sanitarium;

7.

Public and private hospitals;

Fire station.

B.

Uses allowed with zoning permit: one single family dwelling for caretaker, guard or operator.

C.

Uses Allowed with Conditional Use Permit.

1.

Semipublic buildings and uses, other than those listed under permitted uses;

Cemeteries and mausoleums (see Chapter 18.94);

3.

Public or institutional laboratories for testing, experimental or analytical purposes (see Chapter 18.94);

Hospital support facilities;

5.

Communications tower/wireless communications facility.

(Ord. 525R § 1, 2005; Ord. 525H § 11, 1999: Ord. 525-F § 6(part), 1994: Ord. 525C § 7, 1993: Ord. 525 § 1(part), 1989).

18.48.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Twenty-five feet, minimum;

B.

Side yard offset: Ten feet, minimum;

C.

Rear yard offset: Twenty feet, minimum.

(Ord. 525-F § 6(part), 1994: Ord. 525 § 1(part), 1989).

18.48.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building height: Sixty feet, maximum;

B.

Accessory building height: Sixty feet, maximum.

(Ord. 525-F § 6(part), 1994: Ord. 525 § 1(part), 1989).

18.48.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One acre, minimum;

B.

Average lot width: One hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: Maximum ratio determined by zoning agency during site plan review;

D.

Dwelling floor area to lot area ratio permitted: fifty percent, maximum;

E.

Total buildings area to lot area ratio permitted: ninety percent, maximum.

(Ord. 525-F § 6(part), 1994: Ord. 525 § 1(part), 1989).

Chapter 18.50 - OS—OPEN SPACE DISTRICT

18.50.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

Agriculture;

2.

Golf course;

3.

Riding academy or riding club;

4.

Irrigation canals, reservoirs and control devices;

5.

Major transmission lines for greater than seventy KV, interregional gas transmission lines, or trunk communication lines.

B.

Uses Allowed With Zoning Permit. One single family dwelling per farm.

C.

Uses Allowed with Conditional Use Permit.

1.

Commercial recreation area, camp, and resort;

2.

Other single family dwellings per farm or ranch, in permanent structures;

3.

Refuse disposal sites;

4.

Airports, landing fields or airstrips;

5.

Private clubs and outdoor recreational facilities (see Chapter 18.94.);

6.

Communications tower/wireless communications facility;

Solar farms.

(Ord. No. 525NN, § 2, 4-27-10; Ord. 525H § 12, 1999: Ord. 525 § 1(part), 1989).

18.50.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: Twenty-five feet, minimum;

B.

Side yard offset: Ten feet, minimum;

C.

Rear yard offset: Twenty feet, minimum.

(Ord. 525 § 1(part), 1989).

18.50.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building height: Thirty-five feet, maximum;

B.

Accessory building height: Fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

18.50.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: Five acres, minimum;

B.

Average lot width: One hundred twenty feet, minimum;

C.

Lot length to width ratio permitted: ___ minimum;

D.

Dwelling floor area to lot area ratio permitted: Ten percent, maximum, permitted buildings only;

E.

Total buildings area to lot area ratio permitted: Ten percent, maximum, permitted buildings only.

(Ord. 525 § 1(part), 1989).

Chapter 18.52 - POS—PUBLIC OPEN SPACE DISTRICT

Land use regulations are:

A.

Permitted Uses.

1.

Publicly owned uses, but not institutions;

2.

Areas under public control for purposes of:

a.

Natural resources conservation,

b.

Public recreation,

c.

National defense,

d.

Public instruction, other than schools,

e.

Public transportation,

f.

Aesthetic control in the public interest,

g.

Public protection,

h.

Public utilities;

3.

Farming: Forty acres or more per site;

4.

Sustained yield forestry;

Grazing: Forty acres or more per site;

Public airports and airstrips;

B.

Uses Allowed with Zoning Permit. None specified.

C.

Uses Allowed with Conditional Use Permit.

1.

Any private use involving an operation on open space and not requiring any buildings or structures;

2.

Communications tower/wireless communications facility;

3.

Solar farms.

(Ord. No. 525NN, § 2, 4-27-10; Ord. 525H § 13, 1999: Ord. 525 § 1(part), 1989).

18.52.020 - Structure location regulations.

(See also Sections 18.98.010—18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: ___ feet, minimum;

B.

Side yard offset: ___ feet, minimum;

C.

Rear yard offset: ___ feet, minimum.

(Ord. 525 § 1(part), 1989).

18.52.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height regulations are:

A.

Principal building or structure height: ___ feet, maximum;

B.

Accessory building or structure height: ___ feet, maximum.

(Ord. 525 § 1(part), 1989).

18.52.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: ___ minimum square feet;

B.

Average length to width ratio permitted: ___;

C.

Lot length to width ratio permitted: ___;

D.

Dwelling floor area to lot area ratio permitted: ___ maximum;

E.

Total buildings area to lot area ratio permitted: ___ maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.53 - AGRICULTURAL ZONE DISTRICTS

18.53.010 - Purpose of agricultural zones.

The purpose of the agricultural zones is to provide for areas that are rural in character or areas where agricultural uses are currently desirable. The agricultural zones are intended to accommodate a wide range of agriculture and agriculture-related uses as well as single family dwelling units.

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

The regulations of this section apply in the agricultural zones unless otherwise specifically provided by footnotes indicated in the table. The uses permitted in any zone may be further limited if environmentally sensitive lands are present, pursuant to Title 16.

A.

Accessory uses in the agricultural zones may be permitted in accordance with this section.

B.

For any use that cannot be readily classified, the zoning administrator shall determine the appropriate use category and use subcategory pursuant to this section.

Land Use Regulations: Table for Agricultural Zones

The uses allowed in the agricultural zones are shown in the attached table.

Permitted Land Uses in Agricultural Zone Districts

See 18.98 for structural regulations.

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

The development standards table for agricultural zones identifies the parcel size, density standards, lot coverage, setbacks and height regulations that apply in the agricultural zones.

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

Chapter 18.54 - AR-5, AGRICULTURAL, RURAL, FIVE ACRE DISTRICT[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 525-769, § 7 (Exh. C), adopted March 21, 2017, amended Chapter 18.54, in its entirety to read as herein set out. Former Chapter 18.54, §§ 18.54.010—18.54.040, pertained to similar material, and derived from Ord. No. 525, 1989; Ord. No. 525M, 2003; Ord. No. 525HH, 2008; Ord. No. 525NN, adopted April 27, 2010; Ord. No. 525-PP, adopted April 12, 2011 and Ord. No. 669, adopted May 19, 2014.

Cross reference— See also Chapter 18.53 (Agricultural Zone Districts).

The purpose of the AR-5 zone is to accommodate all types of agricultural uses on a smaller scale. Minimum parcel size is four and one-half acres and traditionally allows for a single family dwelling and agricultural uses.

(Ord. No. 525-769, § 7 (Exh. C), 3-21-17).

Chapter 18.56 - ARE-20, AGRICULTURAL, RURAL, EXCLUSIVE, TWENTY ACRE DISTRICT[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 525-769, § 8 (Exh. C), adopted March 21, 2017, amended Chapter 18.56, in its entirety to read as herein set out. Former Chapter 18.56, §§ 18.56.010—18.56.040, pertained to similar material, and derived from Ord. No. 525, 1989; Ord. No. 525C, 1993; Ord. 525H, 1999; Ord. No. 525M, 2003; Ord. No. 525Q, 2004; Ord. No. 525HH, 2008; Ord. No. 525NN, adopted April 27, 2010 and Ord. No. 525-PP, adopted April 12, 2011.

Cross reference— See also Chapter 18.53 (Agricultural Zone Districts).

18.56.010 - Purpose of the ARE (agricultural, rural, exclusive) zones.

A.

The purpose of the ARE zones is to accommodate a wide range of agricultural uses. This zone is applied to lands that are in agricultural use.

B.

The ARE zones are differentiated based on the minimum parcel size as follows:

•

ARE-20 requires minimum eighteen-acre parcels.

(Ord. No. 525-769, § 8 (Exh. C), 3-21-17).

Chapter 18.58 - AGRICULTURAL, RURAL, EXCLUSIVE, FORTY ACRE DISTRICT[[16]]

Footnotes:

--- ( 16 ) ---

Editor's note— Ord. No. 525-769, § 9 (Exh. C), adopted March 21, 2017, amended Chapter 18.58, in its entirety to read as herein set out. Former Chapter 18.58, §§ 18.58.010—18.58.040, pertained to similar material, and derived from Ord. No. 525, 1989; Ord. No. 525C, 1993; Ord. No. 525-F, 1994; Ord. 525H, 1999; Ord. No. 525M, 2003; Ord. No. 525Q, 2004; Ord. No. 525HH, 2008; Ord. No. 525NN, adopted April 27, 2010 and Ord. No. 525-PP, adopted April 12, 2011.

Cross reference— See also Chapter 18.53 (Agricultural Zone Districts).

18.58.010 - Purpose of the ARE (agricultural, rural, exclusive) zones.

A.

The purpose of the ARE zones is to accommodate a wide range of agricultural uses. This zone is applied to lands that are in agricultural use.

B.

The ARE zones are differentiated based on the minimum parcel size as follows:

•

ARE-40 requires minimum thirty-six-acre parcels.

(Ord. No. 525-769, § 9 (Exh. C), 3-21-17).

Chapter 18.60 - ARE-80, 160, 320, 640, AGRICULTURAL, RURAL, EXCLUSIVE, 80 to 640 ACRE DISTRICT[[18]]

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. 525-769, § 10 (Exh. C), adopted March 21, 2017, amended Chapter 18.60, in its entirety to read as herein set out. Former Chapter 18.60, §§ 18.60.010—18.60.040, pertained to similar material, and derived from Ord. No. 525, 1989; Ord. No. 525C, 1993; Ord. No. 525-F, 1994; Ord. 525H, 1999; Ord. No. 525Q, 2004; Ord. No. 525HH, 2008; Ord. No. 525NN, adopted April 27, 2010 and Ord. No. 525-PP, adopted April 12, 2011.

Cross reference— See also Chapter 18.53 (Agricultural Zone Districts).

18.60.010 - Purpose of the ARE (agricultural, rural, exclusive) zones.

A.

The purpose of the ARE zones is to accommodate a wide range of agricultural uses. This zone is applied to lands that are in agricultural use.

B.

The ARE zones are differentiated based on the minimum parcel size as follows:

•

ARE-80-640 requires minimum eighty-acre parcels, primarily grazing land.

(Ord. No. 525-769, § 10 (Exh. C), 3-21-17).

Chapter 18.64 - ARF, AGRICULTURAL, RURAL, FOOTHILLS DISTRICT[[20]]

Footnotes:

--- ( 20 ) ---

Editor's note— Ord. No. 525-769, § 11 (Exh. C), adopted March 21, 2017, amended Chapter 18.64, in its entirety to read as herein set out. Former Chapter 18.64, §§ 18.64.010—18.64.040, pertained to similar material, and derived from Ord. No. 525, 1989; Ord. No. 525L-1; Ord. No. 525HH, 2008; Ord. No. 525NN, adopted April 27, 2010 and Ord. No. 525-PP, adopted April 12, 2011.

Cross reference— See also Chapter 18.53 (Agricultural Zone Districts).

18.64.010 - Purpose of the ARF (agricultural, rural, foothill) zone.

The purpose of the ARF zone is to accommodate a wide variety of uses including but not limited to all types of agricultural uses on a smaller scale (two and one-half-acre minimum).

(Ord. No. 525-769, § 11 (Exh. C), 3-21-17).

Chapter 18.67 - PDD—PLANNED DEVELOPMENT DISTRICT[[22]]

Footnotes:

--- ( 22 ) ---

Editor's note— Ord. No. 525XX, § 1, adopted August 20, 2019, amended Chapter 18.67 in its entirety to read as herein set out. Former Chapter 18.67, §§ 18.67.010—18.67.190, pertained to similar subject matter, and derived from Ord. No. 525QQ, adopted February 7, 2011 and Ord. No. 658, adopted August 14, 2012.

The purpose of the planned development district (PDD) is to encourage and facilitate the creative and innovative use of land which may otherwise be limited or prohibited by the standard provisions of other

parts of this title. The PDD district is designed to allow diversity in the relationship between buildings and open spaces so as to create unique, interesting physical environments that maximize usable open space, while at the same time to preserve the public health, safety and welfare. All development in the PDD district shall be consistent with the county general plan. Development within the PDD district shall conform to the standards specified elsewhere in this title for similar uses except to the extent that benefits will accrue to the public by deviation from such standards. The application of the PDD district to land may only be initiated by application of the landowner or his/her representative.

(Ord. No. 525XX, § 1, 8-20-19)

Uses consistent with the Madera County general plan land use category applicable to the subject property and which will not be in conflict with the public health, safety and welfare may be permitted in the PDD district, subject to a conditional use permit approved in accordance with the procedures set out in Chapter 18.92 of this title and in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

A conditional use permit is required to establish the use in the PDD zone district. All uses are subject to approval in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.190 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Uses inconsistent with the Madera County general plan land use category applicable to the area and uses that would be in conflict with the public health, safety, and welfare.

(Ord. No. 525XX, § 1, 8-20-19)

Minimum lot size requirements in the PDD district are as established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Requirements for minimum lot area per dwelling unit in the PDD district are as established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Yard and setback requirements in the PDD district are as established in accordance with the standards and procedures set out in Section 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Height limit requirements in the PDD district are as established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Requirements for minimum distance between structures in the PDD district are as established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Parking requirements in the PDD district are as established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

18.67.110 - Signs.

The following signs are permitted in the PDD district unless otherwise specified in the required conditional use permit:

A.

Temporary real estate signs advertising the property for sale or rent, not to exceed six square feet each, excluding the area of any vertical and/or horizontal support members;

B.

Temporary subdivision signs;

C.

Permanent subdivision identification signs;

D.

Temporary construction signs;

E.

As established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

18.67.120 - Landscaping.

Landscaping requirements in the PDD district are as established in accordance with the standards and procedures set out in Sections 18.67.130 through 18.67.170 of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

18.67.130 - Special review procedures and development standards.

The PDD district may only be initiated by the property owner or his/her authorized representative. A PDD district shall be established in accordance with the procedures set out in Chapter 18.110 of this title and in conjunction with a conditional use permit in accordance with the procedures set out in Chapter 18.92 of this title.

(Ord. No. 525XX, § 1, 8-20-19)

18.67.140 - Conditional use permit application contents.

An application for a conditional use permit in the PDD district shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

A site plan drawn to scale, which includes the following information:

1.

Topography of the lot(s),

2.

Proposed street system and parking areas,

Lot design,

4.

Location of buildings,

5.

Location of other proposed uses,

6.

Proposed setbacks,

7.

Areas to be reserved for parks, schools or public or quasi-public buildings,

8.

Proposed landscaping,

9.

Water supply and distribution,

10.

Sewage disposal system,

11.

Drainage system,

12.

North arrow;

F.

Acres of each proposed land use;

G.

Number of dwelling units per acre, if applicable;

H.

A narrative description of the proposed development and/or planned uses, including:

An explanation of the proposed deviations from the standards that would otherwise apply to the proposed uses and why the deviations are necessary or desirable,

2.

Phasing or development schedule.

(Ord. No. 525XX, § 1, 8-20-19)

Development within the PDD district shall comply with conditions of the conditional use permit and the following standards:

A.

All development shall be consistent with the goals and policies of the Madera County general plan and with the uses and density or intensity standards of the general plan land use category applicable to the area in which the property is located.

B.

Development within the PDD district shall be unique to the development that could occur under any other zoning district or combination of zoning districts authorized by this title that are consistent with the general plan land use category applicable to the subject property. In making this determination, the following factors shall be considered:

1.

Appropriateness of the use at the proposed location;

2.

The mix of housing styles and costs;

3.

Provision of infrastructure improvements, including community water distribution and sewage collection and treatment systems;

4.

Provision of open space;

5.

Compatibility of uses within the development area;

6.

Use of innovative technology and materials;

Overall contribution to the enhancement of the environment of the county;

8.

Creativity in design and use of land.

(Ord. No. 525XX, § 1, 8-20-19)

Time limits for development, extension requirements, and procedures for time extensions and revocation for non-use for any conditional use permit authorized in the PDD district shall be in accordance with the procedures set out in Chapter 18.92.060(B) of this title.

(Ord. No. 525XX, § 1, 8-20-19)

Minor or major modifications shall require an amendment to the conditional use permit in accordance with the procedures set out in Chapter 18.92.055 of this title.

(Ord. No. 525XX, § 1, 8-20-19)

Uses that were established and approved in the PDD zone district prior to the effective date of this 2019 Ordinance are not subject to the conditional use permit requirements enacted by this 2019 Ordinance. Such approved uses are subject to the other provisions of this Chapter, and any changes, modifications or revisions to such uses are subject to all of the provisions of the 2019 Ordinance and of this chapter.

(Ord. No. 525XX, § 1, 8-20-19)

Chapter 18.69 - VCO—VILLAGE CORE OVERLAYED DISTRICT

The purpose of the village core overlay zone is to provide regulations that will allow for greater variety of uses, flexibility in site planning and development regulations, and intensity of land use than is generally permitted in other county-wide zones. The intent of these regulations is to create a mix of uses in a compact pattern that will reduce dependency on the automobile, improve air quality, and promote high quality, interactive neighborhoods. Urban villages are characterized by interconnected streets, building entries along the street, and architectural features and outdoor activities that encourage pedestrian activity and transit accessibility.

(Ord. 525BB § 1(part), 2007).

A.

Urban services (water and sewer) are required.

1.

Community water systems with the investigation of connection to nearby community water systems to create regional systems.

2.

Water meters installed with all new structures that have water service.

3.

Water reuse plan showing the percentage of water balance.

4.

Community sewer systems with the investigation of connection to nearby community sewer systems to create regional systems.

5.

Sprinkler systems will be installed on all new structures on lots less than four thousand five hundred square foot in size.

(Ord. 525BB § 1(part), 2007).

18.69.010 - Land use regulations.

Land use regulations are:

A.

Uses Allowed with Design Review Permit.

1.

General commercial; residential; retail sales; restricted retail sales; customer service.

B.

Permitted Uses. Each urban village shall include a mixed-use core component, a residential land use component, and a public land use component as described in this section. If located within a specific plan requiring job to housing balance, industrial components will also be required.

1.

Mixed-Use Core Component.

a.

The mixed-use core shall contain public, commercial, and residential uses centrally located within the project area. It should be the most intensely developed component of the urban village.

b.

Residents, employees, and transit users (if applicable) should be able to easily walk or bike to the jobs, stores, and service providers located in the mixed-use core. Retail uses similar to those permitted in the mixed-use core should not be permitted outside of the core area. Residential uses may be in separate buildings or over commercial uses in the same building.

c.

The size and mix of uses in the core area may vary depending on the size, location, and overall function of the urban village in the community and the region.

2.

Residential Land Use Component. The residential land use component shall include a mix of housing densities, ownership patterns, and cost and building types. Residential units should be located so that the higher density units are closer to transit stops (if applicable) than the lower density units. Townhouses, courtyard housing and multiple family dwellings should be used as a transition between commercial areas and lower density residential areas.

3.

Public Land Use Component.

a.

The public land use component shall include parks, plazas, squares, town halls, and other community facilities that are open to the public and that contribute to the civic or recreational life of the community. Public uses may be publicly or privately owned.

b.

Public uses shall be the focus of the urban village and should be located next to public streets, residential areas, and retail uses. The edges of outdoor public spaces should be clearly defined by adjacent streets, sidewalks, street trees, and building frontages. Adjacent residences and businesses should have opportunities for views into the public areas.

c.

Remnants of land on the fringes of the urban village shall not be used to satisfy the public use requirement.

(Ord. 525BB § 1(part), 2007).

18.69.020 - Structure location regulations.

Structure location regulations are:

A.

Setback from edge of right-of-way: as stated in underlying zoning district;

B.

Side yard offset: as stated in underlying zoning district;

C.

Rear yard offset: as stated in underlying zoning district.

(Ord. 525BB § 1(part), 2007).

18.69.030 - Structure height regulations.

Structure height regulations are:

A.

Principal building height: as stated in underlying zoning district;

B.

Accessory building height: as stated in underlying zoning district.

(Ord. 525BB § 1(part), 2007).

Lot dimensions regulations corresponding to the requirements of the underlying zoning district.

(Ord. 525BB § 1(part), 2007).

18.69.050 - Off-street parking area requirements.

Two parking spaces minimum per dwelling off-street parking requirements corresponding to the requirements of the underlying zoning district.

(Ord. 525BB § 1(part), 2007).

Chapter 18.75 - TPZ—TIMBER PRESERVE ZONE

Land use regulations shall be as follows:

A.

Permitted Uses.

1.

Agriculture;

2.

Barns, corrals, and other outbuildings related to the uses listed in this subsection;

3.

Forestry;

4.

One single family dwelling.

B.

Uses Allowed with Zoning Permit.

1.

Guest house;

Reserved;

3.

One other single family dwelling for occupancy by a co-owner; a relative of the immediate family, bound by ties of consanguinity; or an employee of the property owner.

C.

Uses Allowed with Conditional Use Permit.

1.

Mining;

2.

Public and private camps and other outdoor recreation facilities;

3.

Public stable.

(Ord. No. 525-PP, § 21, 4-12-11; Ord. 525 § 1(part), 1989).

18.75.020 - Structure location regulations.

Structure location regulations are as follows:

A.

Setback from edge of right-of-way: twenty-five feet, minimum;

B.

Side yard offset: ten feet, ___ minimum;

C.

Rear yard offset: twenty feet, ___ minimum.

(Ord. 525 § 1(part), 1989).

18.75.030 - Structure height regulations.

Structure height regulations are as follows:

A.

Principal building height: thirty-five feet, maximum;

B.

Accessory building height: fifteen feet, maximum.

(Ord. 525 § 1(part), 1989).

Lot dimension regulations are as follows:

A.

Lot area: one hundred sixty acres, minimum unless owners of resulting parcels submit a joint timber management plan prepared or approved as to content by a registered professional forester, and such owners enter into a binding contract with the board to manage and harvest timber on the timberland jointly, and are bound by the provisions of such management plan for a minimum period of ten years. Such division shall be approved by a four-fifths vote of the full board;

B.

Average lot width: six hundred feet, minimum;

C.

Lot length to width ratio permitted: ___ minimum;

D.

Dwelling floor area to lot area ratio permitted: two and one-half percent;

E.

Total buildings area to lot area ratio permitted: five percent maximum.

(Ord. 525 § 1(part), 1989).

Chapter 18.76 - OVERLAYED DISTRICTS—GENERALLY

The overlayed zoning districts shall include those regions of Madera County wherein certain additional land uses are permitted but which, for one or more reasons, do not fit well into the general system or arrangement of zoning district boundaries or zoning district regulations of this title. It is the purpose of this section of the zoning title to specify the extent of these regions and to specify certain additional regulations in order to achieve the purposes of this title with a minimum of complexity.

(Ord. 525 § 1(part), 1989).

Certain areas within Madera County are designated to be included in overlayed zoning districts wherein certain additional regulations shall be in effect.

(Ord. 525 § 1(part), 1989).

Boundaries and extent of overlayed zoning districts are shown on the zoning district key map off Madera County, and are a part of this title.

(Ord. 525 § 1(part), 1989).

The following overlayed zoning districts are established wherein the additional regulations for such districts shall also be observed.

(Ord. 525 § 1(part), 1989).

Chapter 18.78 - AAO—AIRPORT/AIRSPACE OVERLAYED DISTRICT

18.78.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Any use permitted in the underlying zoning district except:

a.

Uses creating electrical or electronic interference with communication or guidance devices used by aircraft or ground control;

b.

Uses creating glare, smoke, dust or similar factors interfering with aircraft operation to and from the runways or on the runways and taxiways of the airport;

c.

Uses requiring buildings or structures located otherwise or grown or constructed in excess of the height limits herein (below) specified.

(Ord. 525 § 1(part), 1989).

(See also Sections 18.98.010—18.98.090.) No residential structure may be located within one hundred feet of the projected centerline of any instrumented runway for a distance of one mile from each end of the

corresponding runway.

(Ord. 525 § 1(part), 1989).

18.78.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.)

A.

Building, Structure, or Tree Height Limited. No structure or tree shall be erected, altered, allowed to grow, or maintained in any space created in this AAO district. Dimensions are established for each of the spaces. The following spaces constitute the parts of the AAO, airport/airspace overlayed district:

1.

Instrument Approach Space. A volume of space above geometric planes one foot in height for each fifty feet in horizontal distance beginning at a line two hundred feet from, and at the elevation of each end of the instrument runway and extending to a distance of ten thousand two hundred feet from each end of that runway; thence one foot in height for each forty feet in horizontal distance to a line fifty thousand two hundred feet from each end of that runway. The geometric planes are one thousand feet wide at the end nearest the runway and widen symmetrically to sixteen thousand feet at the farthest end.

2.

Noninstrument Approach Space. A volume of space above one foot in height for each twenty feet in horizontal distance beginning at a line two hundred feet from, and at the elevation of, each end of the noninstrument runway and extending to a line ten thousand two hundred feet from each end of that runway. The geometric planes are five hundred feet wide and centered on the extended centerline of the runway at the end nearest the runway and widen symmetrically to two thousand five hundred feet at the farthest end.

3.

Transition Spaces. A volume of space above geometric planes one foot in height for each seven feet in horizontal distance beginning at a line two hundred fifty feet from, parallel to, and at the elevation of, the centerline of noninstrument runways, extending two hundred feet beyond each end thereof; and five hundred feet from and parallel to, and at the elevation of the centerline of, the instrument runway, extending two hundred feet beyond each end thereof, and extending to a height of one hundred fifty feet above the airport elevation. Such geometric planes continue outward and upward to an intersection with the base geometric plane of the horizontal space.

In addition to the foregoing, this volume of space includes the space above the geometric planes one foot in height for each seven feet in horizontal distance, measured from the sides of all approach spaces for the entire length of the approach spaces and extending upward and outward to the lines where they intersect the horizontal or conical space geometric planes. Further, the volume of space includes the space above the projection of the geometric planes defining the instrument approach space through and beyond the plane defining the conical space and further, above one foot for each seven feet of horizontal distance

of the approach spaces and extending upward and outward to the lines where they intersect the horizontal or conical space geometric planes. Further, the volume of space includes the space above the projection of the geometric planes defining the instrument approach space through and beyond the plane defining the conical space and further, above one foot for each seven feet of horizontal distance

beginning at the sides of the instrument approach space and extending a horizontal distance of five thousand feet from the side of the instrument approach space.

4.

Horizontal Space. A volume of space above a circular geometric plane one hundred and fifty feet above the airport elevation, centered on the airport reference point and twenty thousand feet in diameter.

5.

Conical Space. A volume of space above an inverted truncated conical geometric surface one foot in height for each twenty feet in horizontal distance beginning at the periphery of the geometric plane defining the horizontal space and extending upward and outward to a horizontal distance of fifteen thousand feet from the airport reference point.

B.

Where an area is overlayed by more than one defined space, the more restrictive limitation shall prevail. Otherwise, maximum permitted structure heights corresponding to the requirements of the underlying zoning district shall be required.

(Ord. 525 § 1(part), 1989).

18.78.040 - Lot dimension regulations.

(See also Section 18.100.010.)

Lot dimensions corresponding to the requirements of the underlying zoning district shall be required.

(Ord. 525 § 1(part), 1989).

18.78.050 - Off-street parking area requirements.

(See also Chapter 18.102.)

Off-street parking area requirements corresponding to the requirements of the underlying zoning district shall be required.

(Ord. 525 § 1(part), 1989).

An oblique drawing entitled, "Diagram of Spaces in Airport/Airspace Overlayed Districts" is included here as a part of this title.

(Ord. 525 § 1(part), 1989).

Chapter 18.80 - SHO—SCENIC HIGHWAY OVERLAYED DISTRICT

18.80.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses.

1.

Any use permitted in the underlying zoning district except:

a.

Signs that are placed within six hundred sixty feet of the edge of the right-of-way of any road except those signs identifying the owner and address of any parcel,

b.

Commercial uses,

c.

Industrial uses,

d.

Wrecking yards, refuse disposal sites or similar uses;

B.

Uses Allowed with Conditional Use Permit.

1.

Multiple residential uses.

(Ord. 525 § 1(part), 1989).

18.80.020 - Structure location.

(See also Sections 18.98.010—18.98.090.) Structure location corresponding to the requirements of the underlying zoning district shall be required, except where such location would preclude the purposes of this district.

(Ord. 525 § 1(part), 1989).

18.80.030 - Structure height regulations.

(See also Sections 18.98.100—18.98.130.) Structure height corresponding to the requirements of the underlying zoning district shall be required except where such height regulations would preclude the purposes of this district.

(Ord. 525 § 1(part), 1989).

(See also Section 18.100.010.) Lot dimensions corresponding to the requirements of the underlying zoning district shall be required except where such regulations would preclude the purposes of this district.

(Ord. 525 § 1(part), 1989).

18.80.050 - Off-street parking area requirements.

(See also Chapter 18.102.) Off-street parking requirements corresponding to the requirements of the underlying zoning district shall be required except where such requirements would preclude the purposes of this district.

(Ord. 525 § 1(part), 1989).

Chapter 18.81 - SUO—SECOND UNIT OVERLAY DISTRICT

18.81.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses. In addition to the uses permitted in the underlying zoning district, a second single family residence shall be allowed on lots of one acre or larger subject to the following conditions and requirements:

1.

The second single family residential unit is not for sale or rent;

2.

The lot contains an existing single family dwelling unit that is owned and occupied by the applicant as his or her principal residence;

3.

The second dwelling shall be of similar materials, color and design of that of the existing dwelling;

4.

The second unit shall be occupied by members of the immediate family (i.e., parent(s), children) of the occupant(s) of the principal residence;

5.

The lot shall be sufficient (size, water, sewer, service, etc.) to accommodate two single family dwellings.

(Ord. 525HH § 20(part), 2008: Ord. 525C § 14(part), 1993).

18.81.020 - Structure location regulations.

(See also Sections 18.98.010 through 18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: as stated in underlying zoning district;

B.

Side yard offset: as stated in underlying zoning district;

C.

Rear yard offset: as stated in underlying zoning district.

(Ord. 525HH § 20(part), 2008: Ord. 525C § 14(part), 1993).

18.81.030 - Structure height regulations.

(See also Sections 18.98.100 through 18.98.130.) Structure height regulations are:

A.

Principal building height: as stated in underlying zoning district;

B.

Accessory building height: as stated in underlying zoning district.

(Ord. 525HH § 20(part), 2008: Ord. 525C § 14(part), 1993).

18.81.040 - Lot dimension regulations.

(See also Section 18.100.010.) Lot dimension regulations corresponding to the requirements of the underlying zoning district.

(Ord. 525HH § 20(part), 2008: Ord. 525C § 14(part), 1993).

18.81.050 - Off-street parking requirements.

Two parking spaces minimum per dwelling (see also Chapter 18.102). Off-street parking requirements corresponding to the requirements of the underlying zoning district.

(Ord. 525HH § 20(part), 2008: Ord. 525C § 14(part), 1993).

Chapter 18.84 - MHA—MANUFACTURED HOUSING ARCHITECTURAL REVIEW OVERLAYED DISTRICT*

18.84.010 - Land use regulations.

Land use regulations are:

A.

Permitted Uses. Uses permitted for the manufactured housing architectural review overlayed district shall be those uses permitted for the underlying zoning districts, except all manufactured housing installations must comply with the following standards:

1.

Roof overhand (minimum twelve inches);

2.

Dimensions of unit (minimum twenty feet wide);

3.

Off-street parking locations and type (garage, carport, etc.) shall be provided as required by Chapter 18.102.

(Ord. 525HH § 21(part), 2008).

18.84.020 - Structure location regulations.

(See also Sections 18.98.010 through 18.98.090.) Structure location regulations are:

A.

Setback from edge of right-of-way: as stated in underlying zoning district;

B.

Side yard offset: as stated in underlying zoning district;

C.

Rear yard offset: as stated in underlying zoning district.

(Ord. 525HH § 21(part), 2008).

18.84.030 - Structure height regulations.

(See also Sections 18.98.100 through 18.98.130.) Structure height regulations are:

A.

Principal building height: as stated in underlying zoning district;

B.

Accessory building height: as stated in underlying zoning district.

(Ord. 525HH § 21(part), 2008).

(See also Section 18.100.010.) Lot dimension regulations corresponding to the requirements of the underlying zoning district.

(Ord. 525HH § 21(part), 2008).

18.84.060 - Subdivisions.

A.

Manufactured housing architectural review overlay district zoning shall apply to the following subdivisions in the unincorporated area of the county:

Bass Lake Annex

Bass Lake Annex No. 3

Bass Lake Annex No. 4

Bass Lake Heights No. 1 Bass Lake Heights No. 2 Bass Lake Heights No. 3

Beasore Meadows

Bonadelle Ranchos

Bonadelle Ranchos No. 1 Bonadelle Ranchos No. 2 Bonadelle Ranchos No. 3 Bonadelle Ranchos No. 4 Bonadelle Ranchos No. 5 Bonadelle Ranchos No. 6 Bonadelle Ranchos No. 7 Bonadelle Ranchos No. 8 Bonadelle Ranchos No. 9 Bonadelle Ranchos No. 10 Broadview Terraces No. 1

Broadview Terraces No. 2

Broadview Terraces No. 3

Cascadel Woods Cascadel Woods No. 2 Cascadel Woods No. 4 Central Camp No. 3 Paul Christoffersen Subdivision Country Club Acres Eastside Acres Fine Gold Creek Goldside Estates Hidden Lakes Estates Hidden Lake Estates No. 2 Hidden Oaks Estates High Sierra Meadows Hillsview Estates Lake Madera Count Estates Lake Shore Park Madera Acres Madera Acres No. 2 Madera Acres No. 3 Madera Acres No. 4 Madera Acres No. 5 Madera Acres No. 6 Madera Acres No. 7 Madera Country Club Estates Madera Country Club Estates No. 2

Madera Country Club Estates No. 3

Madera Estates

Madera Estates No. 2

Madera Estates No. 3 Madera Highlands Madera Highlands No. 2 Madera Knolls Madera Knolls No. 2 Madera Ranchos Madera Ranchos No. 2 Madera Ranchos No. 3 Madera Ranchos No. 4 Madera Ranchos No. 5 Madera Ranchos No. 6 Marina View Heights No. 1 Marina View Heights No. 2 Marina View Heights No. 3 Marina View Heights No. 4 Miami Creek Knolls No. 1 Mountain Ranches No. 1 Mountain View Mountain View No. 2 Pacific Lighting Properties Pike Subdivision No. 1 Pike Subdivision No. 2 Pike Subdivision No. 3 Ponderosa Acres

Redwood Creek

River Road Estates

Rolling Hills Rolling Hills No. 2 Rolling Hills No. 3 Rolling Hills No. 4 Royal Oaks Estates Sierra Lakes Tract Sierra Lakes Tract No. 2 Sky Acres Sky Acres No. 2 Sunnydale Subdivision Teaford Meadow Lakes Valley Lake Ranchos Village Estates Vista Grande Acres Vista Grande Acres No. 2 Yosemite Forks Estates Yosemite Forks Estates No. 2 Yosemite Forks Estates No. 4 Yosemite Forks Estates No. 5 Yosemite Lakes Park

B.

Maps showing specific locations of these subdivisions are on file in the office of the planning department.

(Ord. 525HH § 21(part), 2008).

18.84.070 - Temporary unit during construction.

A.

In any zone district, a temporary manufactured home (not subject to architectural standards of Section 18.84.010), a temporary travel trailer, or a temporary recreational vehicle shall be permitted, for a period of one year while a permanent dwelling is under construction subject to the following conditions:

1.

A building permit for the permanent dwelling must be issued prior to installation of a temporary unit.

2.

The property owner must obtain written confirmation from the environmental health department that it has been determined that both sewer and water service exist on the parcel acceptable to that department. A copy of this letter must be submitted to the planning department.

3.

A form letter must be obtained from the planning department and signed by the property owner stating that upon completion of the permanent dwelling that the temporary travel trailer or recreational vehicle will no longer be occupied or connected to services (sewer, water, or electrical) and the unit shall either be stored or removed from the parcel. If a manufactured home is installed, the unit must be removed from the property within sixty days after completion of the permanent dwelling. All temporary units must be removed upon completion of the permanent dwelling or within one year of issuance of the building permit for the permanent dwelling (whichever occurs first).

4.

Upon compliance with the above requirements, the planning department will provide written confirmation that a temporary unit is approved and specify the removal date. A request for an extension of time can be considered upon written request to the planning department. An extension of time will only be granted if it is demonstrated that substantial progress has been made toward completion of the permanent dwelling.

(Ord. 525HH § 21(part), 2008).

The purpose of the dairy operation standards overlayed district is to provide the regulatory standards and identify procedures and management practices, which the proponents must implement to provide pollution protection for surface and groundwater resources. The dairy standards apply to dairies that are opened or expanded in Madera County on or after October 28, 2008.

(Ord. No. 525LL, § 1, 10-27-08)

"Dairy" means a facility for the extraction and processing of milk from cattle or goats.

"Dairy standards" are the standards for implementing the dairy element. The dairy standards are Appendix D to the environmental impact report prepared for the dairy element and the standards are available on request from the resource management agency of Madera County.

(Ord. No. 525LL, § 1, 10-27-08)

18.85.030 - Land use requirements.

A.

Land Use Regulations.

1.

Permitted Uses. Permitted uses are those that are permitted by right in the underlying zone district.

2.

Uses Requiring Conditional Use Permit. In addition to the uses conditionally permitted in the underlying zone district, dairies are permitted in the ARE zone districts subject to the issuance of a conditional use permit that complies with the requirements of this chapter and Chapter 18.92.

(Ord. No. 525LL, § 1, 10-27-08)

18.85.040 - Application process.

A.

All new and expanded dairies must obtain a conditional use permit in compliance with Madera County Code Chapter 18.92. In addition to meeting the requirements of Chapter 18.92, the applicant is subject to all requirements of this chapter and with the dairy standards.

B.

Study Submittals.

1.

All new and expanded dairies must submit the studies required by the standards. These studies include:

a.

Drainage study;

b.

Stormwater management plan (SWMP);

c.

Geotechnical report;

d.

Groundwater evaluation;

e.

Soils evaluation;

f.

Hydrogeologic sensitivity assessment (HSA);

g.

Comprehensive nutrient management plan (CNMP);

h.

Comprehensive dairy process water application plan (CDPWAP);

i.

Odor management plan;

j.

Irrigation management plan;

k.

Hazardous management plan;

l.

Pest and vector management plan;

m.

Dead animal management plan;

n.

Biological resources survey;

o.

Cultural resources evaluation by the California Historic Resources Information System;

p.

Traffic impact study;

q.

Fugitive dust emissions control plan; and

r.

Light, glare and noise assessment.

2.

At time of application, dairy operators shall also submit a preliminary monitoring and reporting plan as required by this chapter and outlined in the dairy standards.

3.

Submitted studies, reports and plans shall be prepared by qualified individuals (i.e. registered engineer in the state of California), or persons certified pursuant to the California Dairy Quality Assurance Program (CDQA).

C.

Each new or expanded dairy shall, in addition to the listed studies, plans and reports, apply for and obtain a Madera County conditional use permit and pay all applicable fees.

(Ord. No. 525LL, § 1, 10-27-08)

18.85.050 - Monitoring.

A.

A preliminary monitoring and reporting plan shall be submitted at the time of application to the county.

1.

The preliminary monitoring and reporting plan shall be prepared by a California professional engineer or certified hydrologist.

2.

The plan shall include regular and timely maintenance to address and correct any deficiencies noted during any inspections. Criteria are stipulated in the standards.

3.

Monitoring of surface water and groundwater quality must be consistent with the requirements established by the regional water quality control board.

(Ord. No. 525LL, § 1, 10-27-08)

A.

The requirements of this chapter shall be enforced through the enforcement mechanisms for conditional use permits.

B.

Any instance of noncompliance with the dairy standards constitutes a nuisance and enforcement may be through the administrative proceedings in Title 8 of the Madera County Code or by civil or criminal proceedings.

(Ord. No. 525LL, § 1, 10-27-08)

Chapter 18.86 - NONCONFORMING USES

The existing lawful use of a building, mobilehome, structure or premises at the time of the enactment of this title or any amendment thereto may be continued, although such use does not conform to the provisions of this title for the zoning district in which it is located, but such nonconforming use shall not be altered, changed in use or occupation, increased or otherwise expanded except by conditional use permit.

(Ord. 525 § 1(part), 1989).

If no structural alterations are made, a nonconforming use of a building may, upon prior approval of the zoning administrator, be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use, or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

(Ord. 525 § 1(part), 1989).

If the use of a building, mobilehome, structure or premises which does not conform to the land use regulations of the zoning district in which it is located, is discontinued for a period of six consecutive months, any future use of the building or premises shall conform to the regulations for the zoning district in which it is located, except in the case where such nonconforming use is for agricultural purposes.

(Ord. 525 § 1(part), 1989).

When a building, manufactured home, mobile home, or other structure which is a nonconforming use is damaged to the extent of more than seventy-five percent of its local assessed value at the date of the ordinance codified herein, it shall not be restored except in conformity with the regulations of the zoning district in which it is located. The total structural repairs or alterations to a building, manufactured home, mobile home, or structure which does not conform to the land use regulations of the zoning district in which it is located, shall not, during any one- year period, exceed fifteen percent of the local assessed value of the building at the time of its becoming a nonconforming use unless permanently changed to a

conforming use. Other repairs or alterations may be permitted provided that a conditional use permit shall first be secured in each case.

(Ord. 525 § 1(part), 1989).

Subject to the provisions of Chapters 18.92 and 18.94, conditional use status may be granted to existing, nonconforming uses upon petition of the owner for such use. The zoning agency may grant the conditional use permit if: Such use is determined to be not adverse to the public safety, health or welfare; would not conflict with the spirit or intent of this title; or would not be otherwise detrimental to the community and particularly to the surrounding neighborhood. Such conditional use status shall be granted only with the approval of the Madera County zoning agency following a public hearing in the manner provided for in Sections 18.108.050 through 18.108.100, rules and regulations.

(Ord. 525 § 1(part), 1989).

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building or structure or part thereof for which a building permit has been issued before the effective date of the ordinance codified herein and the construction of which shall have been substantially started within six months of the date of such permit, provided that in all such cases, actual construction shall be diligently carried on until completion of the building or structure. Any such land use thus created which does not conform to the land use regulations of the zoning district in which it is located shall, however, subsequently be considered a nonconforming use.

(Ord. 525 § 1(part), 1989).

Chapter 18.87 - MARIJUANA[[28]]

Footnotes:

--- ( 28 ) ---

Editor's note— Ord. No. 687, § 3 (Exh. C), adopted November 21, 2017, amended Chapter 18.87, in its entirety to read as herein set out. Former Chapter 18.87, §§ 18.87.010—18.87.060, pertained to regulations for medical marijuana cultivation and growing, and derived from Ord. No. 525RR, adopted March 13, 2012; Ord. No. 525TT, adopted April 9, 2013 and Ord. No. 525UU, adopted November 4, 2014.

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the county by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes or recreational use as currently allowed under state law.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the board that this chapter shall be interpreted to be compatible and consistent with federal, county, and state enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this chapter will supersede any other provisions of this code found to be in conflict.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

For purposes of this chapter, these words and phrases shall be defined as follows:

"Act" means the Medical and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. Definitions in this section referencing provisions of the Act shall also include amendments to the Act.

"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 26001(f), as that section may be amended from time to time. Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

"Collective or cooperative cultivation" means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may have been allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Cannabis Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.

"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 26001(k) and allowed under the Act, as that section may be amended from time to time.

"County" means the County of Madera or the unincorporated area of the County of Madera as required by the context.

"Cultivate" or "cultivation" shall have the meaning set forth in California Business and Professions Code Section 26001(l) and shall also include the storage of one or more marijuana plants or any part thereof in any location.

"Delivery" shall have the meaning set forth in California Business and Professions Code Section 26001(p) and shall also include any technological platform that enables persons to arrange or facilitate the transfer of cannabis.

"Marijuana" shall have the same definition as in California Health and Safety Code Section 11018 as it now reads or as amended.

"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two persons.

"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Medical marijuana or medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 11362.5 and 11362.7 et seq.

"Primary caregiver" shall have the same definition as set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Property owner" is the title holder of real property within Madera County.

"Qualified patient" shall have the same definition as set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Recreational marijuana" or "recreational marijuana use", or "adult use marijuana" means all uses of cannabis not included within the definition of medical marijuana use.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

18.87.040 - Regulations applicable to the cultivation of medical marijuana.

To the extent that the county is required to allow the cultivation of medical marijuana under state law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.

A.

Personal Use Cultivation. An individual qualified patient or person with an identification card shall be allowed to cultivate medical marijuana within his/her private residence, in an attached garage, or in an accessory building if the property is detached single family residential. A primary caregiver shall only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1.

Area. The medical marijuana cultivation area shall not exceed one hundred square feet measured by the canopy and not exceed ten feet in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area.

Lighting. Medical marijuana cultivation lighting shall not exceed a total of one thousand two hundred watts.

3.

Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

4.

Gas Products. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.

5.

Evidence of Cultivation. From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring on the site.

6.

Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7.

Cultivation Elsewhere in County. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the County of Madera.

8.

Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.

9.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4, Natural Ventilation, or Section 402.3, Mechanical Ventilation (or its equivalent(s)).

10.

Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights of way.

Distance from Institutional Uses. The medical marijuana cultivation area shall not occur within one thousand feet of an institutional use, such as, but not limited to, a church, school, or other public building.

12.

Nuisance. The medical marijuana cultivation area shall: Not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

13.

Property Owner Authorization. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate medical marijuana.

14.

Additional Requirements for Garages and Accessory Buildings. The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building: The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. The garage or building shall include a burglar alarm monitored by an alarm company or private security company. The garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door.

15.

Posting of Physician Recommendation or Identification Card; Posting of Owner Permission. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana shall be posted in the same manner.

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana shall be prohibited in the county.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

To the extent that the county is required to allow the cultivation of recreational or adult use marijuana under state law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.

A.

State Law Limits. The cultivation of recreational or adult use marijuana shall be subject to the limits set forth in any applicable state law. At the time of adoption of this chapter, applicable state law limits the cultivation of recreational or adult use marijuana to six plants per residence.

B.

Compliance with Medical Marijuana Personal Use Cultivation Rules. All persons lawfully allowed to cultivate recreational or adult use marijuana under state law shall be subject to the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

18.87.060 - Regulations applicable to commercial marijuana operations, dispensaries, and deliveries.

A.

Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 18.87.030 are prohibited within the county.

B.

Dispensaries. Marijuana dispensaries as defined in Section 18.87.030 are prohibited within the county.

C.

Deliveries. The delivery of marijuana as defined in Section 18.87.030 is prohibited within the county, regardless of whether the delivery is initiated within or outside of the county, and regardless of whether a technology platform is used for delivery by the dispensary.

D.

Exceptions. The following facilities providing medical marijuana to patients are not subject to the dispensary ban provided they are in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:

•

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

•

A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

•

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

•

A residential care facility for the elderly licensed pursuant to Chapter 3.2 commencing with Section 1569) of Division 2 of the Health and Safety Code.

•

A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the unincorporated areas of the county unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings unless those buildings are at all times fully enclosed during the consumption.

Medical marijuana may also be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

A.

Misdemeanors. Violations of this chapter for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Chapter 1.12, and all other applicable laws. Each and every day, or portion thereof, a violation exists is a separate offense. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the county intends that the misdemeanor provision be severable from the remaining penalty provisions and the county will only pursue non-criminal remedies for violations of this chapter.

B.

Nuisances. Violations of this chapter are declared public nuisances, subject to the remedies set forth herein.

C.

Classification of Offenses. The following violations are hereby declared of such serious nature as to be an immediate threat to the public health, safety and welfare of the residents, visitors, and businesses of Madera County, and shall be subject to immediate abatement and per plant penalties, as set forth in this section:

•

The cultivation of marijuana in excess of the one hundred square feet restrictions, outside of a residence, or outside a secure enclosed accessory building or garage.

•

The operation of a commercial marijuana operation.

•

Any violation determined by the sheriff or director of the department of community and economic development, or their designees, based upon all of the circumstances, to be an immediate threat to the public health, safety, and welfare.

These violations are hereby declared to be Level 1 violations. Before pursuing immediate abatement or per plant penalties for Level 1 violations, the sheriff and/or director of the department of community and economic development, or their designees, shall document the circumstances leading to a determination that it is a Level 1 violation. Any violation not declared to be a Level 1 violation, shall be considered a Level 2 violation.

D.

Administrative Citations. Notwithstanding any other provision in this code, violations of this chapter shall be subject to administrative citations in accordance with Chapter 8.01, except as follows: Level 1 violations shall be subject to a per plant penalty of two hundred fifty dollars plus five hundred dollars per plant per day the plant remains unabated past the abatement deadline (if any) set forth in the administrative citation. The county hereby finds and determines that each plant is considered a separate violation of this chapter subject to a separate penalty.

E.

Abatement. Notwithstanding any other provision in this code, violations of this chapter shall be subject to abatement in accordance with Chapter 7.20, except as follows: For Level 1 violations, the director of department of community and economic development, or designee, may require the immediate correction of the violation, and summarily abate the violation. In those circumstances the appeal hearing may be held after the abatement.

F.

Other Remedies. The county may pursue any other applicable civil and administrative remedies for violations of this chapter, including but not limited to injunctive relief. Violators shall be subject to any other enforcement remedies available to the county under any applicable state or federal statute or pursuant to any other lawful power the county may possess. Nothing in this chapter shall prevent the sheriff from pursuing criminal violations and sanctions under any other applicable state or federal law.

G.

Cost Recovery. Any subsequent or second response with respect to the same or similar violation of this chapter within one hundred twenty days of the first response shall result in the joint and several liability of the following persons, as applicable, for county's enforcement costs for responding to the violation: The qualified patient, the primary caregiver, persons who are residents or in control of the property at which the violation occurred, and the property owner.

H.

Attorney's Fees. In the event any civil suit or action is brought by the county to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the county for costs of the suit, including, but not limited to, attorney's fees.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. No. 687, § 3 (Exh. C), 11-21-17).

Chapter 18.88 - LAND USE REGULATIONS

In any zoning district, no building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered, or relocated, except for one or more of the uses as hereinbefore stated for that zoning district and in compliance with the regulations hereinbefore established for that zoning district.

(Ord. 525 § 1(part), 1989).

The following land uses are prohibited in all zoning districts:

A.

Commercial marijuana operations, dispensaries, and the collective or cooperative cultivation of marijuana, as set forth in Chapter 18.87;

B.

Notwithstanding any other provision of this code, the sale or distribution of a controlled substance under federal or state law shall not be a permitted use on any property or in any building or structure in any zone throughout the County, unless the person or entity selling or distributing the controlled substance has all applicable state and federal pharmaceutical licenses.

(Ord. No. 687, § 4 (Exh. D), 11-21-17; Ord. No. 525MM, § 4, 9-22-09)

Any use not specifically listed as a permitted use shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of a use, the question shall be submitted to the zoning administrator for determination.

(Ord. 525 § 1(part), 1989).

Any use, in any zoning district, which becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood may be required to be corrected or improved by measures directed by the zoning agency consistent with reasonable technological and economic practicality.

(Ord. 525 § 1(part), 1989).

Communications equipment buildings, substations, underground and overhead transmission lines and power lines above seventy KV, trunk and interregional communication lines, and supporting structures shall be permitted in any district, subject to review by the zoning administrator.

Public utility distribution and transmission lines, both overhead and underground, shall be permitted in all districts without limitation as to height except in AAO airport/airspace overlayed districts, and without the necessity of first obtaining a use permit; provided, however, that the routes of proposed electric transmission lines shall be submitted to the planning commission for recommendation prior to acquisition of rights-of-way therefor.

(Ord. 525 § 1(part), 1989).

Motor vehicles and equipment used by persons engaged in forestry, lumbering or agriculture in any residential, mountain, single family district or -RM, -Rural, mountain district may be stored on their own property. However, all other regulations shall apply and such stored devices or materials shall be treated as structures, regarding location on the premises.

(Ord. 525 § 1(part), 1989).

A.

Applicability. The standards in this section apply to emergency shelters as defined in Chapter 18.04.

B.

Number of Beds. The number of beds in an emergency shelter shall not exceed 60.

C.

Proximity to Other Emergency Shelters. No emergency shelter may be located within three hundred feet of another emergency shelter.

D.

Length of Stay. Temporary shelter may be provided for no more than six months per calendar year for each resident.

E.

Lighting. All exterior lighting associated with an emergency shelter shall be located, adequately shielded, and directed such that no direct light falls outside the property perimeter, or into the public right-of-way.

(Ord. No. 669, § 28 (Exh. B), 5-19-14).

"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 things raised on that farm. Roadside stands are allowed by right in all agricultural zone districts. All activities must comply with the California Retail Food Code (CFRC), 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 the CFRC, Sections 113789 (Food facility) and 114375 (Farm stand and Community Food Production).

A.

Area. The maximum area to be used for a produce stand is seven hundred square feet. Structures consisting of tables and/or membrane structures, i.e. tents and canopies, are permitted. All tables and membrane structures must be removed when operations cease for the season.

B.

Retail Sales Activities. Only the sale of produce, cut flowers, and/or shell eggs grown or raised on the parcel is permitted. All other type of merchandising is prohibited.

C.

Location and Number. One roadside stand shall be permitted per parcel in agricultural zones.

D.

Length of Operation. Roadside stands shall be temporary. Temporary means any activity, structure, tent or canopy that is used for a period of not more than one hundred eighty days within a twelve-month period on a single property.

E.

Signs. The signage requirements for the roadside stand use type shall apply pursuant to Chapter 18.90.

F.

Landscaping. No landscaping improvements shall be required, however, all landscaping must be drought tolerant.

G.

Parking, as per Chapter 18.108, retail sales.

H.

Other Permits. Roadside stands shall comply with all regulations administered by the community and economic development building division, the fire division, and the environmental health division. Roadside stands shall also be required to obtain a business license.

(Ord. No. 525-769, § 12 (Exh. D), 3-21-17).

Chapter 18.89 - REGULATIONS FOR COTTAGE INDUSTRY (HOME OCCUPATION)

The purpose of this section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in all zoning districts where a single family dwelling is an allowed use. It is the further purpose of this section to provide for standards, review processes and review periods to assure that such uses are not detrimental to the residential property in the area in which they are established. The standards for home occupations and cottage industries in this chapter are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood.

A.

Applicability. The provisions of this section are applicable in all areas of the county.

B.

Regulations. A cottage industry may be conducted in any zoning district which allows residential use, subject to the following standards.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.020 - Permitted home occupations.

A.

A home occupation is a residential accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence.

B.

Not more than twenty-five percent of the gross area of one floor of a residence shall be used for such purpose, including storage space required in conjunction with the home occupation.

(Ord. No. 525-PP, § 1, 4-12-11).

A home occupation shall comply with the following minimum standards:

A.

A home occupation shall be conducted within a dwelling by an inhabitant thereof and shall be clearly incidental to the use of the structure as a dwelling.

B.

A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside the dwelling.

C.

There shall be no external alteration of appearances of the dwelling in which a home occupation is conducted (relating to the home occupation).

D.

Only a resident of the premises may engage in a home occupation on the premises. Nonresident partners, employees, or customers are not permitted to engage in the home occupation on the premises.

E.

A home occupation shall not create any radio or television interference or noise audible beyond the boundaries of the site.

F.

Not more than one truck of not more than one to one and one-half ton capacity (may not be a tow truck), and no more than one trailer which will each individually fit within a standard (ten feet by twenty feet) parking space or garage.

G.

A home occupation shall not create pedestrian, automobile or truck traffic significantly in excess of the normal amount in the district.

H.

A home occupation may not involve the performance of any repair services on the premises other than small appliances, equipment, or other small objects which are normally capable of being carried by one person without the aid of mechanical equipment or devices.

I.

Business advertising shall utilize a post office box and not the residential address.

J.

Signs advertising the home occupation are not permitted on the property. Other advertising shall not include the address of the premises.

K.

Sales of products or provision of services shall be delivered offsite by the occupants of the residence, and no customers shall come to the site to take delivery of products or receive services at the site.

(Ord. No. 525-PP, § 1, 4-12-11).

The purpose of this section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in all zoning districts where a single family dwelling is an allowed use. No cottage industry shall be established until an application for a cottage industry permit has been submitted to and approved by the planning department as consistent with the requirements of this chapter in accordance with the procedures set out in Sections 18.89.050 through 18.89.060 of this title.

A.

Cottage industries may include, but are not necessarily limited to, the following:

1.

Artist, sculptor or photography studio, or firearm repair;

2.

Author or composer;

3.

Dressmaker, seamstress or tailor;

4.

Gardening service;

5.

Hairdresser/barber, one chair or booth only;

6.

Home crafts, such as model making, pottery, rug weaving or lapidary work;

7.

Office of a religious leader;

8.

Office of a salesman, sales representative or manufacturers' representative, provided that no retail or wholesale transactions are made on the premises;

9.

Office of an architect, artist, broker, consultant, engineer, instructor in arts and crafts, insurance agent, land surveyor, musician, bookkeeper, accountant, typist, notary public or private investigator;

10.

School of special education whose class size does not exceed one pupil at any given time;

11.

Telephone answering service;

12.

Key and locksmith;

13.

Pet grooming, provided that no more than one (1) animal associated with the use is on the premises at a time;

Manicurist;

15.

Internet services.

B.

A total of one person, other than the resident and immediate family residing on site, may be employed in the cottage industry.

C.

There shall be no advertising for the cottage industry on the property, except for such advertising as may be incorporated within the two square foot nameplate allowed for the residence. The location and design of such nameplate shall be subject to the approval of the zoning administrator.

D.

Adequate access and parking must be provided on-site to accommodate the residential use, employee and one customer of the cottage industry. Stacked parking is allowed.

E.

Home offices may have one employee or partner on the premises during the hours between eight a.m. and five p.m., Monday through Friday;

F.

Home offices may have one customer on the premises at a time, by appointment only, between the hours of eight a.m. and five p.m., Monday through Friday;

G.

Deliveries are limited to two per day.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.050 - Cottage industry permit—Application—Contents.

An application for a cottage industry permit shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of property owner(s);

C.

Assessor's parcel number(s);

D.

Description of the cottage industry including:

1.

Trade name or business title,

2.

Resale number, if any,

3.

Detailed description of the proposed occupation,

Tools, machinery or equipment required or used in the practice of the occupation,

5.

Site plan showing access and parking.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.060 - Review and approval.

The cottage industry permit application shall be reviewed and approved in accordance by the planning department.

(Ord. No. 525-PP, § 1, 4-12-11).

18.89.070 - Permit revocation and modification.

(See also Chapter 18.108) Any permit issued pursuant to this chapter may be revoked or modified by the zoning administrator. The decision may be appealed to the zoning administrator.

(Ord. No. 525-PP, § 1, 4-12-11).

(See also Section 18.100.010.) Lot dimension regulations are:

A.

Lot area: One-half acre, minimum.

(Ord. No. 525-PP, § 1, 4-12-11).

Chapter 18.90 - SIGN REGULATIONS

The board of supervisors finds and declares that the uncontrolled and unregulated construction, erection and maintenance of signs within the unincorporated areas of Madera County poses hazards to vehicle traffic by distracting the attention and obstructing the vision of vehicle operators, and impairs the vistas of scenic corridors and highways, recreational areas and facilities and the state and national forested lands.

The purpose of this chapter is to control and regulate the construction, location and maintenance of all signs within the unincorporated areas of Madera County, such as to promote traffic safety, natural landscape and vistas, and the public health, safety and general welfare. The regulation and control of signs by this chapter is undertaken to accomplish the above objectives and not to control or regulate the content of advertising displays.

(Ord. 525 § 1(part), 1989).

No signs shall be erected within the unincorporated regions of Madera County except as expressly permitted by this chapter. No off-premises sign shall be erected without the prior issuance of a zoning permit pursuant to Chapter 18.104. (Reference: Business and Professions Code § 5231.)

This chapter shall not apply to official traffic control signs or highway informational signs erected by a public entity.

(Ord. 525 § 1(part), 1989).

Unless otherwise clearly indicated from the context, the following definitions apply for purposes of this chapter:

A.

"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 or enclosure therefor.

B.

"Off-premises sign" means a sign which advertises a business, product, service or entertainment, conducted, sold, or offered elsewhere than upon the parcel upon which the sign is located. No off-premises sign shall be located within one thousand feet of any other off-premises sign nor within five hundred feet of any road or railroad interchange, intersection at grade or any safety road side rest area.

C.

"On-premises sign" means a sign which advertises a business or businesses conducted, the commodities manufactured, produced or sold, or the services rendered on or from the premises upon which said sign is located.

D.

"Parcel" means a parcel of real property as identified in the Madera County master parcel book adopted in April, 1966, and filed with the Madera County planning department, and any parcel created thereafter by lawful subdivision or lot line adjustment of such a master parcel.

E.

"Primary highway" means all of those portions of State Highways 41, 49, 99, 145, 152 and 233 lying within Madera County and designated as a part of the Federal Aid Primary System. (Reference: Business and Professions Code § 5220.)

F.

"Road" includes the terms road, streets and highway as defined in this title in Sections 18.04.255, 18.04.455 and 18.04.510.

G.

"Sign area" means the area included within the outer dimensions of a sign, including borders and frames. The sign area for a multifaced or "V" sign is the area of a single face.

H.

"Campaign sign" means a sign advertising a candidate for political office, a political party or a measure scheduled for an upcoming election, or announces a campaign, drive or event of a civic, philanthropic, educational or religious organization. No campaign sign shall be displayed earlier than ninety days prior to, or later than ten days after, the date of the election or the event.

I.

"Public announcement sign" means a freestanding sign structure whose announcement is limited to an activity, event, or service offered only by a non-profit organization which conducts its activities, events, or services within the county of Madera and will be limited to one double sided off-premise sign in accordance with the following conditions:

1.

Total sign area of a public announcement sign will not exceed thirty-two square feet.

2.

Public announcement signs shall be limited to identifying only the non-profit organization, and the activity, event or service offered.

3.

No public announcement sign shall exceed six feet in total height when measured from the foot of the sign post, unless otherwise provided in this section. The zoning administrator may permit an increase in total height of a public announcement sign upon a showing that such an increase is necessary to achieve sign visibility in consideration of the topography at the sign's location.

4.

No public announcement sign shall be located within a public road right-of-way or upon county property.

5.

No public announcement sign shall be located upon private property in such a manner as to create a traffic hazard.

6.

No public announcement sign shall be located upon private property in such a manner as to create a visual obstruction as provided in Section 18.98.040 of this code.

7.

Public announcement signs are subject to all provisions of the specific area plan and community plan and may be prohibited entirely.

8.

Public announcement signs are not allowed under the provisions of the Oakhurst/Ahwahnee plan area sign overlay zone.

9.

A public announcement sign is subject to review and approval by the zoning administrator predicated upon the filing of a fee-exempt zoning permit application, subject to the conditions specified in one through eight, above, and documented proof of the organization's non-profit status. The zoning administrator may place a time limitation on the use of a public announcement sign, if the sign is applicable to a specific event, activity or service. The zoning administrator may require periodic zoning administrator review for compliance with the conditions of the zoning permit, including requiring proof from the applicant that the event, activity or service continues.

10.

When a public announcement sign permit specifies an expiration date, the public announcement sign and temporary supporting structure will be removed within fourteen days from the date the permit authorizing it expires. When a public announcement sign permit does not specify an expiration date, the public announcement sign and temporary supporting structure will be removed within fourteen days from the date of written notice from the zoning administrator to remove it. (Reference: Business and Professions Code § 5405.3.)

J.

"Subdivision identification sign-Temporary" means a freestanding sign structure whose announcement is limited to denoting the entrance and/or exiting a subdivision area. Temporary residential subdivision identification signs will be limited to one double sided on-premise sign in accordance with the following conditions:

1.

A temporary subdivision identification sign may be permitted with an approved zoning permit, for a period of one year only, or until a permanent subdivision identification sign is installed, whichever is less.

2.

Total sign area will not exceed one hundred square feet per sign face.

Temporary subdivision identification sign will be limited to identification of the subdivision by name only.

4.

No temporary subdivision identification sign shall exceed ten feet in total height when measured from the foot of the sign post, unless otherwise provided in this section. The zoning administrator may permit an increase in total height of a temporary subdivision identification sign upon a showing that such an increase is necessary to achieve sign visibility in consideration of the topography at the sign's location.

5.

No temporary subdivision identification sign shall be located within a public road right-of-way or upon county property.

6.

No temporary subdivision identification sign shall be located upon private property in such a manner as to create a visual obstruction as provided in Section 18.98.040 of this code.

7.

No temporary subdivision identification sign may have moving parts, moving or intermittent lights or displays, animated signs or neon signs. For purposes of this chapter, "animated sign" and "neon" shall be defined as provided in Section 18.91.020 of this code. Only incandescent bulb, mercury or sodium vapor, or fluorescent lighting shall be used to illuminate any temporary subdivision identification sign. All lights shall be hooded and directed to minimize glare.

8.

Temporary subdivision identification signs are subject to all provisions of the applicable area plan or community plan and may be prohibited if inconsistent.

9.

When a temporary subdivision identification sign permit specifies an expiration date, the temporary subdivision identification sign and temporary supporting structure will be removed within fourteen days from the date the permit authorizing it expires. When a temporary subdivision identification sign permit does not specify an expiration date, the temporary subdivision identification sign and temporary supporting structure will be removed within fourteen days from the date of written notice from the zoning administrator to remove it.

K.

"Permanent subdivision identification sign" means a permanent freestanding sign whose announcement is limited to denoting the entrance and/or exiting of a subdivision area. Permanent subdivision identification signs will be limited to one double-sided on-premise sign in accordance with the following conditions:

1.

A permanent subdivision identification sign may be permitted with an approved zoning permit.

Permanent subdivision identification signs total sign area will not exceed one hundred square feet per sign face.

3.

Permanent subdivision identification signs will be limited to identifying the subdivision by name only.

4.

Pennants, streamers, flags or other appurtenants are not permitted.

5.

Any change of the permanent subdivision identification sign, including but not limited to, the sign face, design or location will require a new zoning permit.

6.

No permanent subdivision identification sign shall exceed ten feet in total height when measured from the foot of the sign post, unless otherwise provided in this section. The zoning administrator may permit an increase in total height of a permanent subdivision identification sign upon a showing that such an increase is necessary to achieve sign visibility in consideration of the topography at the sign's location.

7.

No permanent subdivision identification sign shall be located within a public road right-of-way or upon county property.

8.

No permanent subdivision identification sign shall be located upon private property in such a manner as to create a traffic hazard.

9.

No permanent subdivision identification sign shall be located upon private property in such a manner as to create a visual obstruction as provided in Section 18.98.040 of this code.

10.

No permanent subdivision identification sign may have moving parts, moving or intermittent lights or displays, animated signs or neon signs. For purposes of this chapter, "animated sign" and "neon" shall be defined as provided in Section 18.91.020 of this code. Only incandescent bulb, mercury or sodium vapor, or fluorescent lighting shall be used to illuminate any temporary subdivision identification sign. All lights shall be hooded and directed to minimize glare.

11.

Permanent subdivision identification signs are subject to all provisions of the applicable area plan and community plan and may be prohibited entirely if inconsistent.

12.

When a permanent subdivision identification sign permit specifies an expiration date, the permanent subdivision identification sign and supporting structure will be removed within fourteen days from the date the permit authorizing it expires. When a permanent subdivision identification sign permit does not specify an expiration date, the permanent subdivision identification sign and supporting structure will be removed within fourteen days from the date of written notice from the zoning administrator to remove it.

13.

A mechanism will be provided for each permanent subdivision identification sign to ensure continual maintenance of the sign. The zoning administrator can initiate revocation proceedings should the sign fall in a state of disrepair.

14.

Permanent subdivision identification signs will be landscaped. Subsection (K)(13) of this section will also apply to the landscaping and lighting provisions of this code.

(Ord. 525P § 1, 2004; Ord. 525-L § 1, 2002; Ord. 525 § 1(part), 1989).

No sign shall be placed upon any public property, including sidewalks, crosswalks, roads, curbs, lamp posts, hydrants, trees, utility poles, buildings, fences and rights-of-way of any type, except such legal notices which are authorized by law to be so located. No sign shall project over any public property or right-of-way.

(Ord. 525-C § 2, 1994: Ord. 525 § 1(part), 1989).

18.90.050 - Signs creating traffic hazards prohibited.

A.

No sign shall be located at or near any road intersection, or any road and driveway intersection, or any road and railroad track intersection so as to create a traffic hazard by obstructing vision.

B.

No sign shall be located, constructed or lighted so as to interfere with, obstruct the view of, simulate or be confused with any official traffic control device.

C.

No lighted sign shall exceed the illumination standard specified in Section 21466.5 of the California Vehicle Code.

D.

No sign shall be located in any river, stream or canal bed such as to be a hazard to any road bridge if dislodged by the flow of water. (Reference: Business and Professions Code § 5403.)

(Ord. 525 § 1(part), 1989).

No sign shall be placed upon any tree or painted or drawn upon any rock or other natural feature. (Reference: Business and Professions Code § 5403.)

(Ord. 525 § 1(part), 1989).

No sign shall be erected or maintained in a condition hazardous to persons or property. All signs containing electrical components shall be constructed and maintained to comply with the applicable electrical code and building code of Madera County. (Reference: Business and Professions Code § 5403.)

(Ord. 525 § 1(part), 1989).

A.

Any sign lawfully erected and maintained prior to the effective date of this chapter, but which does not conform to the provisions of this chapter, or because of a zone change after the effective date of this chapter affecting the property upon which the sign is located, ceases to comply with the applicable zone district regulations, is a nonconforming sign. A sign exceeding the area or height regulations by five percent or less shall not be deemed nonconforming.

B.

No nonconforming sign shall be altered, replaced, enlarged or reconstructed, except in such a manner as to cause the sign to conform fully to this chapter. A nonconforming sign may be maintained or the advertising copy changed without affecting its nonconforming status.

C.

A nonconforming sign destroyed or damaged to the extent of seventy-five percent or greater of its value as of the date of such destruction or damage ceases to be nonconforming and shall not be replaced, but shall be removed or repaired to conform with this chapter.

D.

Each nonconforming sign, except off-premises signs, shall be removed or altered to conform to this chapter within twelve months from the effective date of this chapter or from the date the sign becomes nonconforming.

E.

No off-premises sign need be removed or altered to conform to this chapter if said sign was lawfully erected in compliance with state laws and local ordinances and was in existence on November 6, 1978, or was lawfully erected after November 6, 1978, unless just compensation is paid to the owner of the sign and the owner of the parcel upon which the sign is located.

Nonconforming, off-premises signs located within residential or agricultural zone districts shall be removed or altered to conform to this chapter within the time period set forth in Sections 5412.1 and 5412.3 of the California Business and Professions Code. (Reference: Business and Professions Code §§ 5412, 5412.1 and 5412.3.)

F.

The sign owner, or owner of the parcel upon which the sign is located, may request the zoning administrator to establish an amortization period in excess of those set forth in subsections D and E above if such period is insufficient to reasonably amortize the investment in the sign. Such person may also request an extension of time in which to remove or conform a sign. The procedure for filing such requests, notice and hearing shall be as prescribed in Section 18.104.010.

The zoning administrator shall base his decision as to the amortization period solely on the following factors for which the applicant has submitted information prior to the hearing:

1.

Original cost of sign;

2.

Date of construction and installation;

3.

Amortization date for tax purposes;

4.

Whether the sign would have a useful value to the owner or lessee if permitted in another location;

5.

Residual economic value;

6.

Cost of removal;

7.

The degree of nonconformance;

8.

Whether the owner or lessee is a public agency. Any person dissatisfied with the decision of the zoning administrator has the right of appeal pursuant to the procedure set forth in Article II, Chapter 18.108 of this code.

G.

The zoning administrator shall give written notice to the sign owner and owner or lessee of the real property of the requirement for removal or alterations upon which the sign is located under this section.

(Ord. 525 § 1(part), 1989).

A.

Any sign, other than an off- premises sign, which is not functional, abandoned or which is not used for advertising purposes for a period of one hundred eighty consecutive days, shall be removed from the parcel upon which it is located by the owner of said sign, or the owner or lessee of the parcel upon which the sign is located.

B.

All signs which are not nonconforming signs and which do not conform with the provisions of this chapter, are public nuisances and shall be removed at the expense of the sign owner, and the owner and lessee of the parcel upon which the sign is located.

C.

Any sign which constitutes a violation of subsections A or B above, may be abated and the costs of abatement recovered pursuant to the procedure set forth in Chapter 18.112 of this code. The enforcement provisions contained in this subsection shall be in addition to any other remedy provided by law.

(Ord. 525 § 1(part), 1989).

The county planning director, engineer, road commissioner, sheriff and fire chief or their designees, may abate, including removal, without prior notice and hearing, any sign which poses an immediate threat to the safety of persons or property. Within ten days of summary abatement, the abating official shall give written notice to the owner of such sign and the owner and lessee of the parcel upon which such sign was located. The sign owner or parcel owner or lessee shall have the right to hearing pursuant to Chapter 18.112 to determine the nature of the threat and the appropriateness of the abatement action taken.

(Ord. 525 § 1(part), 1989).

18.90.110 - Sign regulations-Residential zone districts.

A.

Total sign area for signs which are visible from adjacent properties or streets shall not exceed eight square feet per parcel;

B.

An additional total sign area of thirty-two square feet for the display of campaign signs;

C.

Signs identifying a cottage industry as specified in the cottage industries permit authorizing the cottage industry;

D.

No sign shall exceed four square feet in sign area nor be taller than six feet above ground level;

E.

An additional total sign area of one hundred square feet per parcel for display of temporary subdivision identification signs;

F.

An additional total sign area of one hundred square feet per parcel for display of a permanent subdivision identification sign.

(Ord. No. 525-PP, § 21, 4-12-11; Ord. 525P § 2, 2004; Ord. 525 § 1(part), 1989).

18.90.120 - Sign regulations-Commercial, industrial and institutional zone districts.

A.

Total sign area for signs visible from adjacent properties or streets shall not exceed the following limits:

1.

Off-premises signs: Three hundred square feet per parcel, provided that signs visible from State Highway 99 shall not exceed six hundred seventy-two square feet per parcel.

2.

All other signs. Three hundred square feet or ten percent of the building area, whichever is greater, per parcel.

B.

An additional total sign area of thirty-two square feet per parcel for the display of campaign signs.

C.

No sign shall exceed three hundred square feet in sign area nor be taller than thirty-five feet above ground level, provided than an off-premises sign visible from State Highway 99 shall not exceed six hundred seventy-two square feet in sign area.

D.

An additional total sign area of thirty-two square feet per parcel for display of "public announcement signs."

(Ord. 525-L § 2, 2002; Ord. 525 § 1(part), 1989).

18.90.130 - Sign regulations-Agricultural, quarry, open space, timber zone district.

A.

Total sign area for signs visible from adjacent properties or streets shall not exceed two hundred forty square feet per parcel;

B.

An additional total sign area of thirty-two square feet per parcel for the display of campaign signs;

C.

No sign shall exceed two hundred forty square feet in sign area or be taller than ten feet above ground level;

D.

An additional total sign area of thirty-two square feet per parcel for display of "public announcement signs."

(Ord. 525-L § 3, 2002; Ord. 525 § 1(part), 1989).

Only those signs allowed as a part of an approved site plan shall be permitted in any planned recreation, residential development, shopping center or industrial zone district.

(Ord. 525 § 1(part), 1989).

18.90.150 - Illumination and moving parts.

A.

No sign shall contain moving parts.

B.

No sign may be illuminated by intermittent light.

C.

Only on-premises and off-premises signs may be illuminated within commercial, industrial or institutional zone districts.

D.

Only signs displaying a property address may be illuminated in a residential and agricultural zone district.

(Ord. 525 § 1(part), 1989).

A.

Purpose. As development interest along the county's main transportation corridors has increased, limitations in existing county policies and standards have become apparent. The proliferation of unregulated signage has the potential to negatively impact viewsheds along the highway corridor. The objective of the sign criteria is to provide standards and specifications that assure consistent design.

B.

Overview. There are eight existing highway interchanges. All parcels within a one-half-mile radius will be divided into quadrants or corners of the interchange. Each corner of each interchange shall be allowed one freeway sign. Other businesses within the interchange segment shall be provided the opportunity to locate on the freeway sign. Businesses within the Quadrant shall be considered on-premise tenants.

1.

The property owner where the freeway sign is located shall be responsible to maintain the freeway sign in a clean, attractive, structurally sound and electrically safe fashion. All signs must be consistent with the sign criteria. The property owner shall provide a sign plan for the signs that includes the sign space available in a consistent manner where all tenants have fair access to sign space at a fair market rate.

2.

The tenant shall be responsible for the design, fabrication, and installation of the tenant signage on the freeway sign. The tenant shall keep any lease arrangement with the landlord in good standing for the entire period signage is installed on the freeway sign. Such signage shall be removed promptly upon termination of the applicable lease agreement with the property owner.

3.

If at any time, the tenant does not keep the lease agreement in good standing, the property owner may, at his/her discretion and at the tenant's expense, after proper notice to the tenant, replace or remove any sign that is installed without the property owners consent, or that is not executed in conformance with the approved submission.

C.

Restrictions.

Prohibited signage:

a.

Animated, moving, or rotating parts;

b.

Attached or painted on vehicles on private property;

c.

With sounds;

d.

Signs that limit the effectiveness or imitate traffic signs;

e.

Balloons and inflatables;

f.

Neon lighting;

g.

Glare or lighting that impairs vision of drivers;

h.

Banners or flags other than for temporary purposes, including events.

2.

A master sign plan is required for projects with more than one building or parcel. The master sign plan will describe responsibilities of tenants with respect to sign review, approval, installation, and maintenance.

3.

Every structure and commercial complex should be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with the building, and sign readability should be considered in developing the signing concept. All signing should be highly compatible with the building and site design relative to color, material, and placement.

4.

Monument-type signs are the preferred alternative for business identification whenever possible. Where several tenants occupy the same site, individual wall mounted signs are appropriate in combination with a

monument sign identifying the development and address.

5.

Signage Allowed for Each Establishment. Each establishment in a nonresidential or mixed-use zone may have at least one wall sign for each frontage, one window or door sign for each entrance, one shingle or under canopy sign, and one monument sign subject to compliance with the requirements. However, if there is a monument sign that advertises for multiple uses, individual pole signs are not allowed.

6.

No new billboards are permitted within corridor areas.

7.

Highway/Freeway-Oriented Signs. All freeway-oriented signs that do not comply with the applicable standards in the table, shall require approval of a variance by the planning commission provided that the commission can make the following findings:

a.

Findings:

i.

A highway/freeway-oriented sign is necessary because signage that conforms to the area and height standards otherwise applicable to the site would not be visible to the travelling public for a distance on the freeway of one-third mile (one thousand seven hundred sixty feet) preceding the freeway exit providing access to said premises; or for a line-of sight distance of two-thirds' mile (three thousand five hundred twenty feet), whichever is less.

ii.

The highway/freeway-oriented sign will not interfere with the driving public's view of a significant feature of the natural or built environment.

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A highway/freeway-oriented sign must be located no farther than one hundred fifty feet from a freeway right-of-way, and only on a property that is immediately adjacent to and abutting a freeway right-of-way or separated from a freeway right-of-way by only a public frontage road, a railroad right-of-way, a public flood control channel, or public utility easements.

9.

Such sign shall be setback at least one hundred fifty feet from any lot line adjoining a street or roadway other than a freeway or public frontage road.

10.

Such sign shall be setback from a residential zone a distance that is equal to or exceeds the height of the sign, whichever is greater, and setback at least five feet from any other interior lot line.

11.

Highway/freeway-oriented signs may not be used for general advertising for hire.

D.

Universal Elements of Freeway Sign For Consistency throughout Madera County, sign design is the same as the City of Madera only with a county logo. Each freeway sign shall include the following elements/characteristics:

1.

A blue "swish" cap manufactured of metal and painted the correct shade of blue.

2.

A "plank" design, with individual plank being uniformly separated by a twelve-inch spacing consistent with attached exhibits.

3.

Typical planks shall range in size from six feet to eight feet in vertical dimension, although design may be altered to accommodate tenant requirements with the approval of the planning division on a case by case basis.

4.

Plank width shall be twenty-six feet.

5.

The County of Madera logo shall "anchor" the bottom tier of the sign connected to the pylons by a blue "swish" link. The logo shall be an allowed canister sign.

6.

Colors shall be consistent with the exhibit to the below.

7.

Overall dimensions for columns, spacing of columns and column wraps shall be consistent with attached exhibits.

8.

Signage shall be pan channel letter signage.

9.

Corporate logos requiring canister signage shall be allowed on a case by case basis.

10.

Fuel price signage may be enclosed in a canister sign design.

11.

All signage shall be interior-illuminated.

12.

Columns and planks shall include tex-coat finishes.

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(Ord. No. 525WW, § 1 (Exh. A), 7-10-18).

Chapter 18.91 - OAKHURST/AHWAHNEE PLAN AREA SIGN OVERLAY ZONE

18.91.010 - General provisions.

A.

Statutory Authority. This chapter is enacted pursuant to the California Constitution's grant of police power to counties and the statutory authority granted by Section 65850(b) of the California Government Code.

B.

Purpose of Chapter. The board of supervisors has determined and recognizes that the Oakhurst/Ahwahnee general plan district has evolved over time and consists of individual lots with buildings of various ages, designs and styles of architecture, occupied by a variety of businesses, and that adequate signage is essential to the success of these individual businesses. It is, therefore, resolved that the intent and purpose of this chapter is to upgrade the general appearance of the district by regulating the size, height, construction, location and general upkeep of outdoor signs and sign structures within the defined area; provide for public safety; encourage local shopping; protect property values and the natural scenic beauty;

in general, attempt to create a more attractive business climate and to preserve and enhance the unique character of the mountain community.

C.

Findings. After public hearings before both the planning commission and the board of supervisors, the following findings are made:

1.

The community is situated in a scenic mountain-forest area whose economic well-being is primarily dependent upon tourism with a newly developing light industry and commercial profile complementing a residential community. Recognizing that the community is the prime gateway entrance to Yosemite National Park, it is found that the proper control of signs is of particular importance to the community and its natural scenic beauty.

2.

A substantial business community has developed in this area over a period of thirty years, with a variety of signs and advertising. The owners of these businesses have made substantial investments in their signs in good faith and compliance with perceived community sign standards. A sign ordinance, while being necessary to the future economic and aesthetic well-being of the community, should be easy for the present and future business owners and the general public to understand and be implemented with as minimal as possible administrative impact on existing businesses and business owners.

3.

The right to identify a place and type of commercial business and/or service activity should and must:

a.

Be kept within reasonable boundaries consistent with the objectives and goals of the community to retain its special character and the economic advantages which rest largely on the quality of its appearance; and

b.

Be balanced with the right of the public-at-large to be insulated from the intrusions of over-commercialism.

D.

Applicability of Chapter. The provisions set forth in this chapter shall be applicable to all signs within the overlay zone, as later defined within this chapter.

E.

Overlay Zone. This chapter (overlay zone) shall apply to the exact area of the Oakhurst/Ahwahnee general plan boundary.

(Ord. 525D § 1(part), 1993).

18.91.020 - Definitions.

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section as follows:

"Advertising statuary" means an imitation or representation of a person or thing or free-form creative license which is sculptured, molded, modeled, inflated or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service.

"Aggregate area" means the total permitted sign area, measured in square feet, which is allowed for a property or parcel, be it the sum of one or more signs.

"Altered" means any sign upon which a difference has been made as to shape, size or dimension, including changes in illumination methods but not including changes to a sign's text.

"Amortization period" means a period established as the economic life of all nonconforming signs.

"Animated sign" means any sign designed and constructed to convey a message or attract attention through a sequence of progressive or random changes of parts or lights or degree of lighting through rotation, movement, fluctuation, flashing, changing or blinking light or similar devices.

"Appurtenant sign" means a sign directing attention to products offered, i.e., product identification.

"Architectural feature" means a portion of a sign structure intended to accent a sign rather than to provide or carry additional message area, such as framing, roofing, exposed foundations, landscaping and the like.

Banner. See "pennant."

"Building sign" means any sign erected upon a building or element thereof, including signs located on roofs, windows, fences, walls, marquees, eaves or canopies.

"Bulletin board" means that portion of a sign, with movable letters, words or numerals, allowing messages or advertising copy to be changed at will and which includes reader board or chalk board.

"Business complex" means a building or group of buildings with common ownership or control within a single architectural plan and/or parcel or contiguous parcels of property housing two or more commercial units of operation and providing common facilities or utilities, such as a shopping center, professional office building, etc.

"Business sign" means a sign indicating the name and/or occupation of a person or group engaging in a business.

"Civic event" means a sign posted to advertise, identify or provide direction to a civic event sponsored by the community, or a school, church, civic-fraternal organization or similar noncommercial organizations.

"Combination sign" means any sign incorporating any combination of the structural features of a freestanding sign and building sign.

"Conditional use permit" refers to and incorporates Chapters 18.92 and 18.94 of the Madera County Zoning Ordinance.

"Directional off-site sign" means a freestanding sign denoting the principal name and location of a business or service, where the sign is located off-site, adjacent to the driveway, alleyway or other ingress where primary access to the business or service is obtained. A directional off-site sign may include the official logo of the business or service, but shall not include product advertising.

"Directional sign" means a sign denoting "entrance," "exit," "no parking" or directing motor/pedestrian traffic flow to parking or building facilities with or without a business name, logo types or commercial advertising.

"Directory sign" means a sign placed or displayed to list all or a part of the businesses within a business complex.

"Erect" means to build, construct, attach, hang, place, paint, suspend or affix.

"Finish grade" means the highest final grade measured at ten feet from the center point of the sign structure or to the highest finish grade of the road surface of the nearest public road right-of-way measured at a point perpendicular to the sign structure, whichever is higher.

"Flag" means an article of cloth, paper or similar lightweight material, varying in size, shape and/or design, usually attached at one edge to a staff or cord.

1.

Official Flag. The flag of any nation, state, county, city or other recognized governmental entity.

2.

Insignia Flag. A flag bearing the insignia, name, device, rank, logotype or similar designation of specific activities, political parties, persons, agencies, private businesses and the like.

3.

Common Flag. A flag other than an official or insignia flag, including pennants, banners, and those bearing symbols, mottos or slogans, and the like.

"Freestanding sign (monument)" means a sign supported by one or more uprights, poles or braces in or on the ground, or which is placed upon a fence, planter, retaining wall, or any other structure not an integral part of any building.

"Gasoline price sign" means any sign that denotes the cost of motor fuel for sale to the motoring public.

"Graphics" means decoration of the exterior of a building or site with murals, art work, statuary and the like, not containing a commercial message, trademark, logo type, brand name or the like.

"Identification sign" means a sign which is used to identify or advertise the occupants of a building, lot or premises or the merchandise or activity available at the building, lot or premises, where the sign is located.

"Illegal sign" means any existing sign erected and not in compliance with the prior or current applicable building code and/or zoning code standards or advertising a use that has ceased to exist for a period of not less than one hundred eighty days; any nonconforming sign upon which the amortization period has

expired; any sign determined to be a danger to the public health and safety from the standpoint of structural integrity; any sign determined to be a traffic hazard not created by the relocation of streets or highways or other acts of the county, state, or federal governments.

"Illuminated sign" means a sign in which a source of light is used in order to make readable the message or attract attention to the sign. This definition shall include internally and externally lighted signs.

"Logo" means a trademark or symbol of any business or organization.

"Maintained" means ordinary maintenance and repair, which is the upkeep or preservation of the condition of a sign in order to keep the existing sign components, including electrical components both internal and external (including but not limited to bulbs, flood lamps, ballasts, etc.), color, safety, neatness in orderly working condition and appearance and to prevent corrosion or deterioration caused by weather, age or other conditions. Maintenance does not include any changes to the sign area which result in different external dimensions or shape of the overall sign, pedestal structure or support.

"Master architectural sign plan" means a conceptual architectural design plan describing the basic content of all proposed signs in terms of size, shape, materials, style, placement, lighting and the like to set forth a basic identity for a business complex.

"Menu board" means any wall or monument sign displaying a list of items available at a drive-through business for the purpose of taking drive-through orders.

"Mobile sign" means a sign attached to or suspended from any type of vehicle.

"Nameplate" means a building sign designating the name or name and occupation of a person on the premises.

"Neon" means an electrolumen method of lighting a formed sign.

"Nonconforming sign" means a sign validly installed, or for which a permit has been issued, under prior laws or ordinances but which is in conflict with any of the current provisions of this chapter.

"Off-premises sign" means a sign which advertises a business, product, service or entertainment, or commodities which are manufactured, produced, conducted, sold or offered elsewhere than upon the parcel upon which the sign is located.

"On-premises sign" means a sign which advertises a business, product, service or entertainment, or commodities which are manufactured, produced or sold, or rendered on or from the premises upon which said sign is located.

"Outdoor business" means any enterprise provided by entitlement or by conditional use permit in the commercial, industrial or specific plan zone in which it is located which:

Relies principally on the outside display of merchandise as the primary means of business; and

Is characterized by a combination of outdoor display areas, showrooms, inventory and work areas comprising no less than twenty-five percent of the total site area.

"Overall building line" means the furthermost eave, wall or extension of a building.

"Parcel of property" means a parcel of real property as identified in the Madera County master parcel book adopted in April, 1966, and any parcel created thereafter by lawful subdivision or lot line adjustment of such a master parcel. This definition does not include any easement on any contiguous parcel.

"Pennant" means a piece of cloth, plastic, paper or other such material varying in size, shape or design, erected in any manner as an advertising device to draw attention to the site where located.

"Portable freestanding sign" means a sign designed to be moved and which is not structurally attached to the ground, a building, a structure or any other sign; and which may or may not be in the configuration of an "A."

"Projecting sign" means a sign attached to an exterior wall and/or to the top of the eave of a building, which sign is attached at an angle up to ninety degrees to the building.

"Public use board/tack board" means a board upon which personal notices may be tacked; i.e., "lost and found."

Reader Board. See "bulletin board."

"Real property sign" means a sign indicating that the property or improvements thereon are for sale, lease or rent.

"Roofline" means the line or edge where the sides and the roof of a building meet.

"Service sign" means sign denoting "open," "self-service," etc., and not advertising any business.

Shopping Center. See "business complex."

"Sign" means any advertising surface, including flags and banners, visible to the public and 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 which includes all parts, portions, units, vehicles and materials composing the same, together with the frame, background, surface or enclosure therefor, excluding "graphics" as otherwise defined herein.

"Sign area" means the entire area within a single geometric form (square, triangle, circle, etc.) or a symmetrical form of not more than six sides, enclosing the extreme limits of a sign excluding borders, frames and the necessary sign structure.

"Sign guidelines" means supplemental supporting documents as may be adopted by the county for clarification of procedures for the issuance of sign permits pursuant to this chapter.

"Sign structure" means the supports, uprights, braces and framework of a sign.

"Subdivision sign" means a nonilluminated sign for the purpose of advertising and directing people to a newly constructed subdivision or apartment complex.

"Subdivision identification sign" means an identification sign which is permanent and used to identify a residential subdivision.

"Temporary and special event sign" means a sign which advertises a business, a product or a service, or commodities manufactured, produced, sold or offered for that specific business. This sign may be a balloon, pennant, common flag, valance, chalk board, "A" frame, sandwich board sign or other advertising display, usually constructed of light materials, and which is not permanently affixed to the premises.

"Theater marquee" means a permanent structure upon which is displayed materials or text of a temporary or changeable nature announcing currently showing programs or movies and which is operated manually.

"Time and/or temperature sign" means a sign providing the time or the time and temperature without an advertising message.

"Trade construction sign" means a sign located at a building or project site listing one or more persons or firms participating in the development, construction or financing of that building or project.

"Unit of operation" means an individual and separate unit of activity or function within a building, such as a single shop or business within a business complex or a single business occupying an entire building.

"Variance" refers to and incorporates Chapter 18.106 of the Madera County Zoning Ordinance.

"Value of a sign" means total cost of physical replacement of a sign.

"Wall sign" means a sign erected on the side, wall or parapet of a building or structure and which does not extend above or more than twelve inches outward from that portion of the building to which it is attached.

"Window decal" means an appurtenant decal; i.e., a decal advertising the acceptance of "Visa" or "Master Card."

"Window sign" means a sign permanently painted upon a window, or intended to be viewed only from outside a window, including appurtenant signs.

"Zoning administrator" means that officer designated as such by Section 18.02.050 of the Madera County Zoning Ordinance.

"Zoning enforcement officer" means that person or persons designated as such by the zoning administrator.

(Ord. 525K § 1, 2001; Ord. 525D § 1(part), 1993).

18.91.030 - General standards.

A.

Computation of Sign Area.

In computing sign area for all signs, any frame, border, other architectural feature or the structure supporting a sign shall not be included.

2.

Where a sign is composed of a curved, cylindrical, spherical or other similar continuous surface, the sign area shall be considered as the silhouette of such sign as viewed from any given point.

B.

Advertising Statuary. Statuary shall be considered and regulated as signs.

C.

Bulletin Board. Bulletin boards shall not constitute more than thirty percent of the allowable freestanding sign area, nor shall it constitute more than thirty percent of the allowable building sign area for that portion of a building to which it is attached. Exception: Theater marquees may constitute eighty percent of the allowable freestanding or building sign area for that business.

D.

Clearance From Utility Lines. No sign shall be erected or maintained which has less horizontal or vertical clearance from communication or energized electrical power lines than that prescribed by the laws of the state of California or rules and regulations duly enacted by its agencies.

E.

Structural Safety and Maintenance. All signs and sign structures erected shall:

1.

Be constructed and erected in accordance with the most current building, electrical, sign and fire prevention codes of Madera County; and

2.

Be maintained at all times in a safe condition, including the replacement of defective parts, painting, repainting, cleaning and other acts for maintenance.

F.

Public Safety Hazards. No sign(s) or group of signs shall be placed or operated in such manner as to cause a physical or visibility hazard to the movement of vehicles or pedestrians, or to obstruct or interfere with the view of a traffic sign, signal or other safety device located upon a public right-of-way.

G.

Graphics. Graphics of a permanent nature shall be permitted only upon the approval of a zoning permit by the zoning administrator and shall be regulated by such conditions as may be placed upon such a permit.

H.

Lighting. Any attached or detached external source of illumination of any sign shall not be directly visible from beyond the property line of the parcel upon which the sign is located. Illuminated signs shall be maintained in good working condition as originally designed and approved.

I.

Sign Permit. A permit for a sign issued pursuant to this chapter by the Madera County planning department.

(Ord. 525D § 1(part), 1993).

18.91.040 - Signs allowed with a sign permit.

A.

Freestanding Signs.

1.

Freestanding signs shall conform to the following standards:

a.

One freestanding sign per parcel or business complex may be allowed if the street frontage of the project is three hundred feet or less in length.

b.

Two freestanding signs per parcel or business complex may be allowed if:

i.

The street frontage of the project area is more than three hundred feet in length;

ii.

The project area has more than one major entry point; and

iii.

The distance between the freestanding signs on that parcel is at least one hundred feet.

2.

Freestanding sign area: the maximum allowable sign area of a freestanding sign shall be sixty square feet per face. A business complex occupying a parcel of over ten acres in size shall not exceed one hundred square feet of sign area per face.

3.

Freestanding sign structure height: the freestanding sign structure shall not exceed twelve feet in height from the finished grade.

4.

Additional height for freestanding signs: up to two feet of additional height may be approved when the freestanding sign is incorporated into a landscaped planter, monument base or pedestal. The additional height permitted will be the height of the landscaped planter, monument base or pedestal, up to a maximum of two feet.

5.

Additional freestanding signs allowed in addition to the above:

a.

Directional on-site signs: directional on-site signs shall not be counted as part of the allowable sign area. Such signs shall not exceed three square feet in area and shall be limited to four feet in height. Directional signs shall be limited to one per vehicular entrance, plus one additional sign per drive-through establishment.

b.

Delivery signs: delivery signs shall not exceed one nonilluminated delivery sign per unit of operation. Permitted signs shall not exceed three square feet in area.

c.

Up to forty square feet of drive-up window menu boards are allowed. Additional area can be allowed by making corresponding reductions in the allowed area of building signs. Such signs shall not exceed seven feet in height. The visibility of the signs by passing traffic shall be reduced by the use of screening and/or landscaping. Minimal lighting and speaker systems shall be allowed, so as to not significantly increase ambient light and noise levels.

d.

Gasoline price signs: in addition to identification signs, service stations may be permitted gasoline price signs up to fifteen additional square feet in area and shall not exceed ten feet in height. Portable gasoline price signs are prohibited. Within the maximum allowable sign area, service stations may be permitted identification signs on the pump island canopy fascia or gable or totally beneath the canopy and mounted on the canopy supports, and further provided that the distance from the top to the bottom of the sign is not greater than three feet.

e.

A directory sign shall be no greater than eight square feet, no higher than five feet and each business is allowed a maximum of one square foot per sign. One directory sign shall be allowed for each vehicle entrance from a public street.

f.

Placement of a maximum of one directional off-site sign per parcel may be allowed in lieu of an on-site freestanding sign. Off-site directional signs may be allowed only for businesses located on parcels that do not have frontage on a named public road. The following criteria must be met in order to allow an off-site directional sign:

i.

The location of a directional off-site sign shall be limited to a parcel which has frontage on a named public road. That parcel shall be located at or adjacent to the intersection between the named public road and the driveway, alleyway or other ingress where primary access to the business is obtained.

ii.

The signature of the property owner where the directional off-site sign is to be placed shall be provided on the sign permit application form.

iii.

One directional off-site sign may be allowed on any parcel.

iv.

The maximum allowable sign area for a directional off-site sign is eight square feet per business unit, not to exceed a cumulative total of thirty-two square feet per sign.

v.

The directional off-site sign structure shall not exceed eight feet in height from the finished grade.

vi.

Utilization of a directional off-site sign in lieu of a freestanding sign shall not entitle an applicant to request a transfer of sign area as outlined in subsection six of this section.

vii.

Property within the Ahwahnee/ Nipinawasee Area Plan is excluded from the provisions of this subsection.

6.

Transfer of sign area: in any case where an applicant foregoes the right to a freestanding sign, fifty percent of the allowable freestanding sign area may be added to that otherwise allowed for the building signs for that parcel of property or business complex. The application of this provision shall be by written document approved by the planning department.

7.

Double-faced signs: where a freestanding sign designed to be viewed from two directions is at no point thicker than thirty-six inches and the two faces of the sign are either parallel or the angle between them is

thirty degrees or less, the sign area shall be computed as the area of one face if the two faces are of equal area, or as the area of the larger face if the faces are of unequal area.

B.

Building Signs.

1.

Sign area: maximum allowable sign area shall be calculated at one square foot of aggregate sign area for each lineal foot of the building face to which it is attached; provided, that the total sign area for any unit of operation shall not exceed an aggregate of eighty-five square feet per building side; and further provided, that no sign shall be less than ten square feet per business unit. Buildings set back two hundred fifty feet or more from a public street shall be permitted one square foot of sign area per one lineal foot of building face with a maximum of two hundred twenty-five square feet of sign area per unit of operation.

a.

Window signs: window signs exceeding three square feet in area shall be computed in the building sign area. Appurtenant signs shall be computed in the window sign area.

b.

Public use board/tack board shall not exceed twelve square feet and shall not be computed in the building sign area.

2.

Height: the top of any building sign shall not extend above the top of the overall building elevation.

3.

Projection: eave and wall signs shall project no more than thirty-six inches horizontally beyond the overall building line.

4.

Clearance: no sign shall extend to within twelve inches of the end of the wall or to the line which divides the businesses sharing such wall.

5.

Sign averaging: to maintain a basic identity for a business complex, the sign area of a building face may be reallocated among the tenants and/or the business owners. The reallotment can not exceed the cumulative sign area of that building's tenants or owners.

C.

Awning Signs. Awning signs shall be counted as part of the total allowable building sign area.

D.

Combination Sign. Combination signs shall meet the most restrictive classification to which any portion is subject.

E.

Flags. Except for official flags, no flag shall be larger than five feet by seven feet and shall be counted as part of the freestanding sign area. Flag pole maximum height for any flag shall not exceed thirty feet above finished grade.

F.

Illumination. Signs may be illuminated only by the following means:

1.

By a white steady stationary light of reasonable (seventy-five foot lamberts) intensity shielded and directed at the sign; or

2.

By interior nonexposed lights of reasonable (eight hundred Ma high output fluorescent tube) intensity, except for time and temperature signs using LED low power incandescent bulbs.

No sign shall be placed so as to produce glare on a public street or adjacent property or to cast light into any dwelling unit or dwelling building.

No signs shall be erected at or near the intersection of any streets or of a street and driveway in such manner as to obstruct free and clear vision or at any location where, by reason of the position, shape, color, illumination or wording, the sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device, or otherwise constitute a hazard to pedestrian or vehicular traffic because of intensity or direction of illumination.

G.

Neon.

1.

Internal neon signs, intended to be viewed only from outside a window, provided such signs do not exceed four square feet, are included as part of the total allowable sign area and may only be installed within the interior of the building.

2.

Exterior exposed neon signs with opaque or frosted tubing, not clear tubing, are allowed on building signs only. No exterior exposed neon signs are allowed on canopies, freestanding signs or signs allowed without a permit.

H.

Off-Premise Signs. An off-premise sign shall be allowed only in commercial or industrial zones and shall be computed as part of the total allowable freestanding sign area for the parcel upon which it is placed. Such off-premise sign shall be included within the freestanding sign(s) allowed for the parcel upon which it is placed. No off-premise sign shall be located within one thousand feet of any other off-premise sign nor within five hundred feet of any road or railroad interchange, intersection at grade or any safety road side rest area. No off-premise sign shall be erected without prior issuance of a zoning permit pursuant to Chapter 18.104.

I.

Outdoor Businesses. Outdoor businesses shall meet the same requirement as for other businesses including freestanding signs and directional on-site sign regulations.

J.

Subdivision Signs. Subdivision signs shall not exceed thirty-two square feet in sign area per face. Maximum height shall be twelve feet and ten feet wide. Pennants, streamers, flags or other appurtenances are not permitted. All signs shall be placed a minimum of one hundred feet from any other sign and only one subdivision sign shall be allowed per street face. Subdivision signs shall be located a minimum of ten

feet from any right-of-way or property line. The sign shall be located only on the property which is advertised thereon. Subdivision signs shall be removed upon the sale of ninety percent of all units in the development. Any model home advertising a development shall not be included in the determination whether ninety percent of all units have been sold. Any change of copy to advertise a different subdivision shall require a new sign permit. Illuminated or lighted signs shall not be permitted.

K.

Time Clock and/or Temperature Signs. Time clock and/or temperature signs shall not be calculated in sign area permitted on a parcel of property if less than eight square feet in area.

L.

Master Architectural Sign Plan for a Business Complex. All signs proposed for erection on or within a business complex shall be designed and erected according to a master architectural sign plan approved by the zoning administrator. No new sign shall hereafter be erected on or within such a business complex unless a master sign plan has been approved and such sign is in conformity with that master plan.

(Ord. 525-W §1, 2006; Ord. 525K §2, 2001; Ord. 525D §1(part), 1993).

18.91.050 - Signs allowed without a sign permit.

A.

Exception to Permit Requirements. The following signs shall be excluded from all requirements of this chapter:

Memorial signs or tablets, or names of buildings and dates of erection when cut into any masonry or when constructed of bronze or other incombustible material permanently fastened to a building or structure, not exceeding eight square feet area;

2.

Official flags no larger than eight feet by twelve feet in size. The maximum height of the flag pole shall not exceed thirty feet above finished grade;

3.

Official traffic, fire and police signs; signals, devices and markings of public agencies and utilities; other safety signs; legal notices;

4.

Signs required by county, state or federal laws or regulations; provided, that the size does not exceed the minimum size required by the law or regulation;

5.

Name plates, identification, or business sign not exceeding two square feet in area and attached to the building, illuminated only by indirect lighting, and limited to one sign per business;

6.

Change in messages or advertising text on a bulletin board, theater marquee or similar signs specifically designed for use of replaceable copy;

7.

Total window sign area for a business including decals and illuminated signs, not exceeding three square feet in area;

8.

Service signs not exceeding three square feet in area and twelve square feet in the aggregate;

9.

Service station signs required by state and/or federal regulations;

10.

Tire chain service signs not exceeding three square feet each in area and no more than six square feet in the aggregate for any business providing tire chain services;

11.

Temporary signs:

a.

A business may have temporary signs for up to fifteen consecutive days, but not more than an aggregate of one hundred twenty days within a year.

b.

Any temporary use in excess of the fifteen consecutive days or one hundred twenty days aggregate period will require a zoning permit.

c.

Signs pertaining to any civic, patriotic or special event of general public interest taking place within the general community may be used for up to forty-five days.

B.

Real Property Signs. Real property signs shall be placed upon the property only in accordance with the following restrictions:

1.

Size: each sign may be double faced.

a.

Single family zoning:

i.

Parcels under five acres may have a maximum of five square feet per sign face and one sign per street front.

ii.

Parcels between five and twenty acres may have a maximum of twenty square feet per sign face and one sign per street front.

iii.

Parcels over twenty acres may have a maximum of thirty-two square feet per sign face and one sign per street front.

b.

All other zoning:

i.

Parcels under five acres may have a maximum of twenty square feet per sign face and one sign per street front.

ii.

Parcels over five acres may have a maximum of thirty-two square feet per sign and one sign per street front.

2.

Height: no portion of a sign or the standard to which it is affixed shall be more than six feet above the finished grade, unless affixed to a building.

3.

Placement:

a.

Affixed to the building or structure;

b.

Displayed in a window;

c.

Free-standing but not attached to a tree, light standard, telephone pole or vehicle.

4.

Number of signs: two "open house" signs may be placed during the time the property is open for general public viewing. Signs shall be placed upon the actual property to which they pertain or a contiguous property with the owner's written approval. Off-premise directional signs with or without logos or arrows shall not be erected except that one directional sign conforming to the size and height requirements of this section may be installed at the intersection of roads where street name signs are not posted.

5.

Materials:

a.

Real property signs shall be maintained in good order and repair, and shall not be illuminated and shall be of nonreflective materials.

b.

Pennants, flags, balloons or other similar devices or materials shall be allowable only at "open house" events, during the time the property is open for public viewing and never longer than seventy-two hours per week.

6.

All real property signs shall be removed within fifteen days after escrow closes on the property advertised by said signs.

C.

Subdivision Identification Signs. One identification sign shall be allowed; provided, that the sign does not exceed eight square feet for a residential or multifamily subdivision containing one to nine units, or sixteen square feet for each multifamily complex containing ten to twenty-nine units, or thirty-two square feet for each multifamily complex with thirty or more units. Maximum height of such sign shall be four feet.

D.

Trade Construction Signs.

1.

In residential zones, such sign(s) shall not exceed an aggregate of thirty-six square feet and shall be restricted to one common area on a construction site.

2.

In a multifamily, institutional, commercial or industrial zone, such sign(s) shall not exceed an aggregate of one hundred twenty-eight square feet and shall be restricted to one common area on a construction site.

3.

A trade construction sign shall be erected on a structure, or temporary poles only and shall never be attached to natural features such as trees or rocks. Such a sign shall not be erected prior to the start of construction, and shall be removed before a certificate of occupancy is issued.

E.

Political and/or Campaign Signs. Political and/or campaign signs shall be in compliance with all county and state laws and regulations and shall not constitute a public safety hazard as defined in Section 18.91.030.

(Ord. 525D § 1(part), 1993).

18.91.060 - Prohibited signs.

A.

Prohibited Signs, Generally. The following signs are prohibited:

1.

Signs affixed to natural features such as trees, rocks, shrubs and the like or utility poles, and the like;

2.

Privately owned signs located on or projecting over a public right-of-way;

Advertising statuary;

4.

All exterior exposed neon signs made of clear tubing;

5.

Moving arc lights.

B.

Animated Signs. Animated signs which rotate, move, flash, fluctuate, blink or appear to do any of the foregoing, shall be prohibited unless required by law or utilized by a proper governmental agency; provided, however, the provisions of this section shall not be applied so as to prohibit the following:

1.

Time-clock and/or temperature signs;

2.

Barber poles of traditional design, not to exceed thirty inches high, which revolve during the time a barber shop is open for business.

C.

Mobile Signs. The parking on any street, or on public or private property, of any vehicle to which a sign is attached or suspended, or the movement of any such vehicle in and along any street, for the sole or primary purpose of displaying advertising matter, is declared to be a nuisance and a violation of this section. No person shall drive, operate, move in and along or park on any street or on public or private property, any motor vehicle, trailer, carriage, wagon, sled or other vehicle on which is attached or maintained any sign displaying any commercial advertising matter, except for the following which are permitted:

1.

Political signs, provided such are not otherwise prohibited by county or state laws or regulations;

2.

A nonprojecting sign attached, affixed, or painted upon the door or side of a motor vehicle and which contains the following information:

a.

The name of the business in which the vehicle is customarily used, and/or

b.

The address, city or town and telephone number of the business in which the vehicle is customarily used, and/or

c.

A motto, slogan, or logo designed and intended to be associated with the business in the minds of the general public and its customers;

3.

The incidental display of noncommercial stickers, plates, license plate brackets and the like; or of customary small identifications on license plate brackets or elsewhere, of vehicle manufacturers, models or types of vehicles or dealers or entities from whom such vehicles were obtained;

4.

A single isolated movement of a sign or sign equipment or materials from one place to another.

D.

Deceptive Signs and Names Indicating Price or Rate, Services or Number of Units Available. No sign shall be permitted anywhere or at any time which, by varying the size of print, by wording, by coloration or by any other device, gives a viewer a false or deceptive impression of prices or rates, charges or the services or number of units available.

E.

Abandoned Signs. Except as may be otherwise provided in this chapter, any sign including its supporting structure, except for an approved off-premise sign, which is located on property which becomes vacant and unoccupied for a period of one hundred eighty days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management, or because of seasonal operation, shall not be deemed abandoned unless the property remains vacant for a period of one hundred eighty days or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. All costs incurred in removing an abandoned sign may be charged to the legal owner.

F.

Unlawful Signs, Generally. Except in the case of a public officer or employee in the performance of a public duty, or a private person giving legal notice, or a lawful sign erected as provided herein and with the consent of the property owner, no person shall paste, post, paint, print, nail, tack or otherwise fasten or place any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any real or personal property.

(Ord. 525D § 1(part), 1993).

A.

Nonconforming Signs.

1.

Any sign lawfully existing or for which a permit has been issued prior to the effective date of this chapter, but which does not conform to the provisions of this chapter, is a nonconforming sign. A sign lawfully existing or for which a permit has been issued and which exceeds the area or height regulations of this chapter by twenty-five percent or less shall be deemed in compliance with this chapter and is not a nonconforming use.

2.

Nonconforming signs shall not be altered (except as permitted in subsection (A) (3) of this section), replaced, enlarged or reconstructed, except in such a manner as to cause the sign to conform fully to this chapter. A nonconforming sign may be maintained and/or the advertising text changed without affecting its nonconforming status.

3.

A nonconforming sign destroyed or damaged may be replaced as originally constructed and placed. In the event amortization is applied for, the zoning administrator shall base his or her decision on those factors outlined in Section 18.90.080 of Chapter 18.90 of the County Zoning Ordinance. All factors shall be based on the date of construction, placement and cost of the original sign, not the replacement sign.

4.

No permit shall be issued for any new sign or advertising structure for a unit of operation with nonconforming signs which would then cause the total signage for that unit of operation to exceed the maximum allowable sign area as defined in this chapter.

5.

A nonconforming sign that becomes a traffic hazard due to the relocation of a street or highway or by other acts of the county, state, or federal government may be relocated.

B.

General Provisions.

1.

Compliance with the provisions of this chapter shall not preclude compliance with the building and/or zoning code of the county of Madera, as may be applicable to the construction or maintenance of a sign.

2.

Every sign shall be maintained in good structural condition at all times and defective parts replaced as required by the building official. The building official shall have the authority to remove signs which

constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation or obsolescence, pursuant to the procedures set forth in Chapter 18.90 of this code.

(Ord. 525D § 1(part), 1993).

A.

Incorporation of Zoning Code Provisions. Provisions of Chapter 18.90 and Chapter 18.106 of Title 18 of the Madera County Code are incorporated. Except as specifically modified by this chapter, the provisions of Chapter 18.90 and Chapter 18.106 govern signage within the overlay district.

B.

Enforcement of Chapter. Unless otherwise specified, it shall be the duty of the zoning administrator to enforce all provisions of this chapter. It is unlawful for any person to interfere with such officer in the performance of duties assigned under this chapter.

C.

Deactivation of Signs. Any sign, including signs lawfully erected prior to the adoption of this chapter, which rotates, moves, scintillates, blinks or flashes shall be deactivated within sixty days from the effective date of this chapter, without compensation.

D.

Abatement Period.

1.

Legal nonconforming signs erected or in place or for which a permit has been issued as of the effective date of this chapter shall be removed or brought into compliance, without compensation, to conform with this chapter within fifteen years from the effective date of this chapter.

2.

The sign owner or owner of the parcel upon which the sign is located may request the zoning administrator to establish an amortization period pursuant to Chapter 18.90.080 of the Madera County Zoning Ordinance in excess of the abatement period of fifteen years.

E.

Violations.

1.

Any sign, other than an off-premises sign, which is not functional, abandoned or which is not used for advertising purposes for a period of one hundred eighty consecutive days, shall be removed from the

parcel upon which it is located by the owner of said sign or the owner or lessee of the parcel upon which the sign is located.

2.

All illegal signs and all signs which are not nonconforming signs and which do not conform with the provisions of this chapter, constitute a public nuisance and shall be removed at the expense of the sign owner, and the owner and lessee of the parcel upon which the sign is located.

3.

Any sign which constitutes a violation of subsections (E)(1) or (2) above, may be abated and the costs of abatement recovered pursuant to the procedure set forth in Chapter 18.112 of this code. The enforcement provisions contained in this subsection shall be in addition to any other remedy provided by law.

F.

Sign Guidelines. Upon adoption of this chapter, the zoning administrator and the planning department may supplement provisions of this chapter with sign guidelines.

G.

Permit/Fees Required. It is unlawful for any person to erect, enlarge, alter, replace or relocate any sign or other advertising structure, or to install any sign or other advertising structure, or to install or alter any electrical wiring or fixtures therein without having first obtained a permit from the planning department and paying the required fees as determined by the planning department unless a sign is otherwise exempt by this chapter.

H.

Appeals. Any person dissatisfied by a decision of the zoning administrator has the right of appeal pursuant to the procedure set forth in Article II, Chapter 18.108 of this code.

I.

Summary Abatement. The county planning director, engineer, road commissioner, sheriff and fire chief or their designees, may abate, including abatement by removal, without prior notice and hearing, any sign which poses an immediate threat to the safety of persons or property. Within ten days of summary abatement, the abating official shall give written notice to the owner of such sign and the owner and lessee of the parcel upon which such sign was located. The sign owner or parcel owner or lessee shall have the right to hearing pursuant to Chapter 18.112 of this code as to determine the nature of the threat and the appropriateness of the abatement action taken. This hearing may be combined with a hearing by the county to determine whether the costs of abatement should be assessed to the owner as provided in Chapter 7.20 of this code.

J.

Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter or the application thereof is for any reason held invalid or unconstitutional by any court of competent jurisdiction,

such portion or application shall be deemed a separate, distinct and independent provision and such provision shall not affect the validity of the remaining portions thereof. The board of supervisors declares that it would have adopted this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one of the sections, subsections, sentences, clauses or phrases, or the application thereof, be declared invalid or unconstitutional.

(Ord. 525D § 1(part), 1993).