Chapter 18.92 — CONDITIONAL USE PERMITS

The purpose of these procedures is to establish a review process for the development of uses that may be desirable under appropriate circumstances, but are not permitted by right in the applicable zone. The intent of these procedures is to review these uses on a case-by-case basis to determine whether and under what conditions the use may be approved at a given site. Further, the intent is that each use be developed so as to fully protect the public health, safety, and welfare of the community. To provide this protection, conditions may be applied to address potential adverse effects associated with the proposed use.

(Ord. 525GG § 1, 2008).

18.92.005 - General rules for a conditional use permit regarding conditions, adjustments to regulations and combination of uses.

A.

In granting a conditional use permit, the decision maker may impose reasonable conditions as deemed necessary and desirable to protect the public health, safety, and welfare including making any applicable use regulations or regulations of the zone more restrictive, unless otherwise provided.

B.

All existing and proposed uses on the site shall be identified in the permit, including existing or new uses permitted by right in the applicable zone, any uses subject to a use permit, and those proposed uses that require the conditional use permit.

C.

The privileges and conditions of a conditional use permit are a covenant that runs with the land and, in addition to binding the permittee, bind each successor in interest.

D.

The decision maker may assign an expiration date to the permit.

(Ord. 525GG § 2, 2008).

Uses listed in this chapter and Chapter 18.94, those specified in the zoning district regulations, and any other uses not specifically provided for may be approved by the zoning agency. Application for a permit for such a use shall be made to the zoning administrator and shall include a statement of the use proposed, a site plan in the manner prescribed in Chapter 18.96, Site Plans, and shall be accompanied by a fee as approved by board resolution to defray costs of investigation. The zoning administrator shall review the proposed use and site plan, and shall determine if the proposed use can be accepted for consideration as a conditional use permit application. The applicant may appeal an adverse decision to the planning commission for action. If the request is granted, then a conditional use permit application shall be initiated with fees.

(Ord. No. 652, § 4, 12-20-11; Ord. 525GG § 3, 2008: Ord. 525 § 1(part), 1989).

Location, building and site plans, and a plan of operation shall be submitted to the zoning agency, and such plans shall be in sufficient detail to enable the zoning agency to make its determination as to the appropriateness of the proposed conditional use based on the compatibility of the use to the area; the suitability of the architectural and landscape treatment; the provision for drainage and sewage disposal, the provision for adequate planting screen, and the provision for operational control devices where necessary to eliminate noise, dust, odor, smoke or glare, and such other factors as would be pertinent to such determinations.

(Ord. 525 § 1(part), 1989).

18.92.030 - Granted upon certain findings.

An application for a conditional use permit may be approved or conditionally approved only if the decision maker makes the following findings:

A.

The proposed use will not violate the spirit or intent of the Madera County Zoning Ordinance;

B.

The proposed use will not be contrary to the public health, safety, or general welfare of the citizens of Madera County;

C.

The proposed use will not be hazardous, harmful, noxious, offensive, or a nuisance by reason of noise, dust, smoke, odor, glare, or other similar factors;

D.

The proposed use will not for any other reason cause a substantial effect upon the property values and general desirability of the neighborhood or of the county.

(Ord. 525GG § 4, 2008: Ord. 525 § 1(part), 1989).

Except as may be specifically provided, any conditional use shall conform to the structure location regulations, the structure height regulations, the lot dimension regulations, and any other specific regulations of the zoning district in which it is located.

(Ord. 525 § 1(part), 1989).

The zoning agency may require compliance with such other conditions as may be deemed necessary in the specific situations in addition to any which are herein stated. The zoning agency shall provide the CUP holder with a comprehensive list of conditions within fifteen days following approval of the CUP. The conditional use permit is not deemed valid or issued until all required conditions are satisfied.

(Ord. 525GG § 5, 2008: Ord. 525 § 1(part), 1989).

18.92.055 - Amending the conditional use permit.

A.

A major amendment to the conditional use permit would be a ten percent increase in size of the facility or conditions of approval and would require approval of the decision makers.

B.

A minor revision amendment would be change in style of facilities or location of buildings. This would require a zoning permit.

(Ord. No. 641, § 5, 10-27-09).

18.92.060 - Revocation for non-use. (See also Section 18.108.020.)

A.

If a conditional use permit has been approved but the use has not commenced within two years of approval, the department shall notify the applicant by mail at the address listed on the application, that on a date and time stated in the notice the planning commission will consider revocation of the conditional use permit as a consent item unless prior to that hearing, the applicant establishes that substantial progress has been made toward commencement of the use. The notice shall further inform the applicant that he or she may request a hearing to request a time extension before the commission pursuant to Sections 18.108.050 through 18.108.180.

B.

A conditional use permit may be terminated if it is not used within two years of the date of approval, and shall be voidable, unless written time extensions are applied for and approved prior to permit expiration pursuant to Sections 18.108.050 through 18.108.180. Time extensions may be granted or conditionally granted provided:

Each extension will be for a one year period of time; and

2.

The maximum number of extensions will not exceed an additional total of three years.

C.

If a conditional use permit has been approved but the use has not commenced within one year of approval, the applicant shall provide to the county planning department a written status report and plan of action which will clarify the progress which has been and which is expected to be made toward implementing the project. This information shall be provided no later than fourteen months after the application approval

date. Failure to provide a timely response to the department may be considered by the zoning agency in any proceeding brought under Section 18.108.030.

D.

A conditional use permit may be terminated at the written request of the property owner and will require approval by the zoning administrator. Upon receipt of the written request, the matter will be scheduled on the zoning administrator's agenda with notification only to the property owner.

(Ord. 525GG § 6, 2008: Ord. 525J § 1, 2000: Ord. 525 § 1(part), 1989).

Chapter 18.93 - USES PERMITTED BY ZONING PERMIT

Certain uses listed in the zoning district regulations may be permitted by the zoning administrator subject to a zoning permit. Additionally, uses as defined in this chapter may be allowed by means of a zoning permit, subject to the terms and procedures contained within this chapter. Proceedings to issue a zoning permit shall be initiated by application as provided in Chapter 18.104 of this title.

(Ord. 525T § 2(part), 2006).

18.93.020 - Construction trailer/temporary contractor's office.

A construction trailer or temporary contractor's office is permitted in any zone district subject to a zoning permit, where such buildings and/or structures are only interim and temporary and do not exceed eight hundred square feet in area, subject to:

A.

Prior issuance of a building permit for an on-site construction project;

B.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning administrator;

C.

Modular/removable construction units shall be used;

D.

No unit authorized by this chapter shall be utilized for residential occupancy;

E.

Paved off-street parking, paved access, and approval of an encroachment permit shall be provided as required by the zoning agency;

F.

Signage shall be restricted to building signs only (facade signs). One square foot of signage is allowed for each linear foot of building frontage.

(Ord. 525T § 2(part), 2006).

18.93.030 - Accessory structures.

An accessory structure built prior to the primary structure is subject to a zoning permit.

(Ord. No. 525VV, § 2 (Exh. B), 7-18-17).

The sale of agricultural products grown in Madera County, sundries, prepackaged food and bottled or canned beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area. Limited to a one hundred fifty square-foot of retail sales area for non-agricultural products. Allowed in all agricultural districts with an approved zoning permit. All activities must comply with CRFC, Chapter 10.5 (commencing with Section 47000) of the Food and Agricultural Code and regulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in CRFC, Sections 113789 (Food facility) and 114375 (Farm stand and Community Food Production).

A.

Structures. The maximum size of the structure shall be one thousand five hundred square feet.

B.

Location and Number. One small produce stand shall be permitted per parcel in the agricultural zones.

C.

Length of Operation. Small produce stand may operate three hundred sixty-five days a year.

D.

Signs. The signage requirements for the produce sales use type shall apply pursuant to Chapter 18.90.

E.

Parking. The parking surfacing requirement for small produce stand stores shall be in accordance with Chapter 18.102.

F.

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

(Ord. No. 525-769, § 13 (Exh. E), 3-21-17; Ord. 525U § 2, 2006).

Chapter 18.94 - CONDITIONAL USES PERMITTED

The purpose of this chapter is to list those uses that may be desirable under appropriate circumstances, but are not permitted by right in the applicable zone, to establish standard conditions to be placed on those uses for protection of the public health, safety and welfare, while retaining flexibility to determine other appropriate conditions as necessary to address potential adverse effects associated with the proposed use.

(Ord. 525GG § 7, 2008: Ord. 525 § 1(part), 1989).

Commercial, rural, median (CRM) or commercial, urban, median (CUM) districts are subject to the following:

A.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No gasoline pump, underground fuel tank or other accessory equipment shall be closer than twenty-five feet to the base setback line.

C.

No lighting installation shall be permitted which creates a hazard to traffic or a nuisance to surrounding property.

(Ord. 525 § 1(part), 1989).

18.94.030 - Animal hospitals, commercial kennels and laboratories using animals or animal products.

In any commercial district except CRR, or CUR, or agricultural district, subject to the following:

A.

Location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No such use shall be permitted on a lot of less than one acre.

C.

No building, other than one used only for residence purposes, shall be closer than fifty feet to the lot line of adjoining lot in a district permitting residential use.

D.

Licensing as provided in Section 6.04.290, et seq., of this Code.

(Ord. 525 § 1(part), 1989; Ord. No. 708, § 5, 7-9-24).

18.94.040 - Cemeteries and mausoleums for the burial of human remains.

In any zoning district, subject to the following:

A.

Location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No such use shall be permitted on a lot of less than one acre.

(Ord. 525 § 1(part), 1989).

18.94.050 - Fur farms, pig farms, feed lots and poultry farms.

In any agricultural district, subject to the following:

A.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No such use shall be permitted on a lot of less than five acres in area.

C.

No building other than one used only for residence purposes shall be closer than fifty feet to the lot line of an adjoining lot in a residential zoning district.

(Ord. 525 § 1(part), 1989).

18.94.060 - Laboratories for testing, experimental or analytical purposes.

In any agricultural district, rural mountain district, and in any commercial district, industrial district, quarrying, mining and drilling district, or (of a public or institutional laboratory) in an IA (institution area) district, subject to the following:

A.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No building other than one used only for residence purposes shall be closer than fifty feet to the line of an adjoining lot in a residential zoning district.

C.

Off-street parking shall be provided as required for office buildings.

(Ord. 525 § 1(part), 1989).

18.94.070 - Nonconforming uses.

Regulations in any district are as provided in Chapter 18.86, nonconforming uses.

(Ord. 525 § 1(part), 1989).

18.94.075 - Mini storage facilities.

To be allowed by CUP in CUG, CRG, CUM, CRM zone districts and to be allowed by zoning permit in IL and IH zone districts.

A.

The location, building, topography, site plans, elevations and plan of operation shall be submitted to and approved by the planning agency.

B.

Except as provided for below, all street frontages (not including alleys) shall generally have a ten-foot landscaped buffer measured from the right-of-way property line, to be located between the property line and the screening wall or fence surrounding the mini storage facility as described in subsection D of this section. A landscaped buffer at least ten feet deep shall be planted and maintained along all interior property lines abutting an existing or proposed residential development. A sideyard landscape area will normally include a solid fence or wall on the property line with a minimum of ten feet of landscaping inside of the fence. However, the actual design and placement of the fencing and landscaping buffer may be modified on a case-by-case basis by the planning director, subject to review by the planning commission,

taking into account specific site topography, location, public improvements, aesthetics and ease of maintenance. The landscaping buffer shall include mature trees of at least fifteen-gallon size, shrubs and groundcover plantings that will be of sufficient size and number to visually screen the project from the public right-of-ways and adjoining properties within a period of not more than ten years after planting. The landscaping buffer shall utilize xeriscape ("dry" or minimally-irrigated landscape design and planting) and native vegetation when practicable.

C.

A plan shall be provided showing an appropriate irrigation method for watering all landscaped areas of the project to assure survival of landscape plantings.

D.

Mini storage facilities shall be surrounded by a minimum eight-foot screening wall or fence. Screening walls shall be designed to screen the site from public right-of-ways and adjoining properties. The wall shall be designed to be compatible with the adjoining property's planned development.

E.

On site parking shall be provided on the site at a ratio of one stall per twenty-five number of storage units. Outdoor storage of vehicles shall be allowed only in a separately enclosed area with required landscape buffers.

F.

Signs located on the exterior of the site shall include an emergency and twenty-four-hour contact number for the general public. The sign shall be located at the main entrance to the site and shall be a maximum of ten square feet with minimum four-inch high lettering.

G.

Storage of hazardous materials is prohibited in mini storage facilities.

H.

Onsite provisions shall be made for permanent public restroom facilities in compliance with state and county codes.

(Ord. 525O § 2, 2003).

18.94.080 - Private clubs and outdoor recreational facilities such as recreational camps, golf courses, bathing beaches, riding academies and resorts.

In any agricultural district, rural mountain district, commercial district, or in an open space district where buildings and/or structures are only a minor and incidental feature of an otherwise open space use of the land is subject to the following:

A.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No such use shall be permitted on a lot of less than five acres in area.

C.

No building, other than one used only for residence purposes shall be closer than fifty feet to the lot line of an adjoining lot in a zoning district permitting residential use.

D.

Off-street parking shall be provided as required by the zoning agency, adequate to meet the needs of the proposed use.

E.

No such permitted use shall include the operation of a commercial facility such as a bar or restaurant except as may be specifically authorized in the grant of the conditional use permit.

(Ord. 525 § 1(part), 1989).

Any industrial district or commercial district, except commercial restricted district (CRR or CUR), is subject to the following:

A.

The location, building and site plans, and plan of operations shall be submitted to and approved by the zoning agency.

B.

No portion of the theatre area shall be closer than one hundred feet to the base setback line or closer than two hundred feet to the lot line of an adjoining lot in a district permitting residential use.

C.

A planting screen at least twenty feet in width and at least eight feet high shall be provided along any lot line abutting any district permitting residential use.

D.

Additional highway width sufficient to provide for the safe control of traffic at the theatre entrance shall be dedicated and the necessary highway improvements constructed by the developer to provide for a divided roadway with adequate reservoir area in the center strip to shelter cars entering the theatre.

(Ord. 525 § 1(part), 1989).

A.

Mobile Home Parks are only permitted in any residential district, on a parcel of at least five acres, provided the location and plan of operation and plan of facilities have been submitted to and approved by the planning commission.

1.

Applications for mobile home parks installations shall be submitted to the planning commission on a form provided by the planning department. A filing fee as approved by board resolution, shall be paid to Madera County through the planning department.

2.

The application for a conditional land use permit to construct and operate a mobile home park shall be accompanied by five copies of an acceptable drawing at a scale of not less than one inch equals one hundred feet and shall include the following information:

a.

Size and location of the total contiguous land ownership of the applicant.

b.

Area to be occupied by the mobile home park and related facilities.

c.

Existing features.

d.

Topographic map with five foot contour intervals.

e.

Internal road system and access road contact with public roads.

f.

Mobile home pad sizes, design features, and locations.

g.

Recreation areas and other open space.

h.

Landscaping.

i.

Pipe size and capacity of sewage disposal system, as well as location and size of sewage lines and disposal fields, treatment facility, lagoons, or other disposal devices.

k.

Parking areas.

l.

Fencing or screen plantings.

m.

Street lights.

n.

A complete list of names, addresses and tax parcel numbers of all abutting properties and properties within three hundred feet of the site of the proposed land use shall be submitted with the application.

o.

Fire plugs and lines.

p.

Additional written materials, further explaining the above mapped information may be submitted. Five copies of such written material shall be provided.

3.

A public hearing pursuant to requirements of Section 18.108.050 of this code shall be held, based on the requirements of subsections (A)(1) and (2) of this section.

4.

Final approval of such a facility shall follow the minimum standards as follows:

a.

Density. The overall density of Mobile Home Parks shall be one mobile home per acre where individual wells and septic systems are used, or two mobile home units per acre if a central water service is provided and approved by the county chief sanitarian.

b.

When more than ten units are proposed, a community sewer system is required which will remove at least ninety percent BOD.

c.

If a community water system and a secondary treatment public sewage facility or better are available which are approved by the Madera County chief sanitarian, maximum density shall otherwise be limited by the application of minimum pad sizing, design and spacing requirements stated herein; however, maximum lot coverage by mobile homes and accessory structures shall not exceed sixty percent of the area of each space in each case.

d.

Sewer. When average density of the mobile home park exceeds one dwelling unit for each one-half acre, a sanitary sewer collection system and at least secondary level wastewater treatment plant shall be provided with adequate disposal of wastewater approved by the county chief sanitarian. Design, installation, and operation of this system and plant shall be accomplished according to the requirements of applicable state law and the Madera County chief sanitarian. Final disposition of wastewater shall be subject to applicable state law and the requirements of the Madera County chief sanitarian.

e.

Storm Water Drainage. Drainage plans pursuant to Title 17 are required for all mobile home parks. Such plans should be submitted to the Madera County engineer and conditional land use permit for a mobile home park. Construction permit fee and plan checking fee in Sections 17.24.270 and 17.24.290 will be charged for review and inspection of drainage facilities.

f.

Streets. Access drives and internal streets shall be constructed to meet Madera County Valley Urban Standard streets or Madera County Mountain Urban Standard streets as set forth in Title 17. Fees in Section 17.24.280 will be charged for review and inspection of street improvements.

g.

Parking. Two automobile parking spaces shall be required for each mobile home space within the mobile home park. At least two such parking spaces shall be required to be located off-street on each mobile home space. These shall be paved with at least two inches of asphaltic concrete on a base approved by the Madera County engineer.

h.

Guest parking and supplemental storage parking areas in the ratio of one parking space for every mobile home space shall be required for the parking of boats, campers, travel trailers, and similar recreation vehicles and additional vehicles if such vehicles are permitted to be kept within the mobile home park and these parking areas shall be paved or graveled according to the requirements of the Madera County engineer.

i.

Signs. One sign shall be permitted at the main entrance to the mobile home park, subject to the following limitations:

i.

Non-moving, non-flashing;

ii.

Internally lighted and shall not cause glare at adjoining property or public road;

iii.

Maximum size: forty-eight square feet;

iv.

Maximum height: eight feet;

v.

Maximum width: ten feet;

vi.

Design must be approved by the Madera County planning director. Directional signs are permitted within the mobile home park as approved by the Madera County planning director.

j.

Outdoor advertising structures are not permitted in mobile home parks.

k.

Communication Lines, Power Lines, and TV Service. In mobile home parks, electrical and telephone service shall be installed underground. Individual overhead television or radio antennae shall not be permitted; however, a single master antenna for the use of the mobile home park is permitted, or attachment to cable TV system(s) allowed in Madera County otherwise is permitted.

l.

Gas System. A central gas distribution system may be installed to provide gas to each mobile home site. If liquefied petroleum gas or liquefied natural gas is proposed, the location of the supply tanks (if the system is not connected to natural gas) shall be subject to determination by the engineering department.

m.

Fire Protection. Requirements as per applicable sections of Madera County Code Section 13.12.070, as amended.

n.

Solid Waste Disposal. Centralized Refuse Parks. They shall be approved by the Madera County engineering department. In mobile home parks, all outdoor centralized refuse storage and collection areas shall be

enclosed with a solid, six-foot-high fence. Access for disposal and pickup of solid waste materials shall be provided.

o.

Recreation Areas. A recreation area and/or common park areas encompassing at least ten percent of the total area of the mobile home park shall be provided. The location, accessibility, and adequacy of such recreation and park areas shall be subject to the approval of the engineering department. Such recreation areas shall qualify as open space otherwise required herein.

p.

Street Lights. Street lights shall be provided. The design of the lighting standards, the spacing and location of the lights, shall be approved by the engineering department. Power shall be provided by underground power supply.

q.

Landscaping. All areas not occupied by mobile homes, accessory structures, buildings, or paving shall be landscaped and maintained with lawn, ground cover, shrubbery, or other landscaping as required by the county engineer. Appropriate landscaping as approved by the county engineer shall be provided and maintained for screening purposes around the perimeter of the mobile home park.

r.

Complete landscaping and sprinkler design plans shall be submitted to the county engineer and be approved by the county engineer for all mobile home parks.

s.

Open Spaces. Specific plans shall be submitted for the development, landscaping, and maintenance of open spaces. Open space areas may be applied to achieve maximum density standards required in subsection (A)(4)(a) of this section.

t.

Fencing. If any fencing, screening, or separation is proposed or required, it shall be approved by the planning director prior to installation.

u.

Frontage Improvements. Complete frontage improvements shall be installed on public rights of way as required by the road department.

v.

Operational Standards. Accessory service uses such as a laundromat, car wash rack, and general store may be permitted within the mobile home park for the exclusive use of the residents if included and approved as part of the conditional use permit. Subsequent provision of such facilities shall be subject to

first obtaining a conditional use permit or amended conditional use permit according to the requirements herein.

w.

Mobile homes are permitted to be sold within the approved mobile home park, by the owner of the park or of the mobile home, provided the mobile home for sale is the only mobile home occupying the mobile home space.

x.

Renting of mobile homes in a mobile home park is prohibited unless the mobile home bears the insignia of the state of California. Division of Building and housing standards, and is licensed by the division for this purpose. All mobile homes in the mobile home park shall be registered (licensed) in Madera County.

y.

Other Conditions. Other conditions as required by the planning commission during the public hearing on the issuance of the land use permit.

5.

Variance. Variance from these minimum standards or requirements may be granted according to Chapter 18.108 of this code.

6.

State and Federal Requirements. These standards and requirements are supplemental to the standards and requirements of the state of California and the United States of America. Where these county standards or requirements are more restrictive, such local standards shall apply.

7.

Nothing herein shall abrogate or minimize the state or federal standards or requirements.

8.

Guarantees. If memberships are sold in advance, or if any moneys are taken in advance of the completion of approved facilities in any mobile home park, contractual agreements shall be made with Madera County together with cash deposits guaranteeing completion of approved facilities and no advertising or sales or rental brochures or statements shall be issued, authorized, or released by the developer, owner or other principal of the mobile home park promising or offering facilities other than those approved and herein guaranteed to be provided, until such agreements are completed and such deposits are made. Any conditional use permits otherwise issued shall not be valid unless and until this requirement has been met.

9.

Enforcement.

a.

The primary enforcement agency is the state of California, Department of Housing and Community Development, Division of Building and Housing Standards.

b.

The regulations set forth in these standards shall be considered as supplementary to the rules and regulations of the state of California, Department of Housing and Community Development. Failure to comply with the conditions of approval or violation of state or county codes or ordinances shall be cause for withdrawal of such conditional use permit and shall be the basis for issuance of cease and desist orders otherwise specified in the zoning ordinance codified in this title.

c.

A certificate of occupancy shall be required by the Madera County planning department and shall be issued only after the planned facilities, devices, systems, and plantings have been constructed or installed. No occupancy of any pad or site shall take place until the certificate of occupancy has been issued.

d.

All other enforcement procedures specified in this title shall apply.

B.

Travel trailer camps and parks are only permitted in any residential district on a parcel of at least five acres, providing the location and plan of operation have been submitted to and approved by the planning commission.

1.

Applications for permits to install and occupy travel trailer parks and camps shall be submitted to the planning commission for public hearing on proposed land use, accompanied by required plans and drawings for the use and filing fee as approved by board resolution.

2.

The application for a land use permit shall be accompanied by five copies of an acceptable drawing at a scale of not less than one inch equals one hundred feet and shall include the following information:

a.

Size and location of the total contiguous land ownership of the applicant.

b.

Area to be occupied by the travel trailer camp or park and related activities.

c.

Existing physical features.

d.

Topographic map with five feet contour intervals.

e.

Internal road system and access road contact with public roads.

f.

Travel trailer pad or site sizes, design features, and locations.

g.

Recreation areas and other open space.

h.

Landscaping.

i.

Type, size, and capacity of sewage disposal system, as well as location and capacity of sewage lines, treatment facility, and disposal fields, lagoons, or other disposal devices.

j.

Source and distribution of water supplies.

k.

Parking areas.

l.

Fencing or screen plantings.

m.

Lighting, street lighting.

n.

Fire plugs and lines where required.

o.

A complete list of names, addresses and tax parcel numbers of all abutting properties and properties within three hundred feet of the site of the proposed land use. Additional written materials further explaining the above mapped information may be submitted. Five copies of such written material should be provided.

3.

A public hearing pursuant to requirements of Section 18.108.050 shall be held, based on requirements of subsection (B)(1) and (2) of this section.

4.

Final approval of such facilities shall follow minimum standards as follows:

a.

Density. The overall density of travel trailer camps and parks shall be one unit per acre where individual wells and septic systems are used, or two units per acre if a central water service is provided and approved by the county chief sanitarian.

b.

When more than ten units are proposed, a community sewer system is required which will remove at least ninety percent BOD.

c.

If a community water system and a secondary treatment public sewer facility are available which are approved by the Madera County chief sanitarian, maximum density shall otherwise be limited by the application of limited pad sizing, design, and spacing requirements stated herein; however, maximum lot coverage by travel trailers and accessory structures and facilities shall not exceed sixty percent of the area of each space.

d.

The maximum overall density of travel trailer camps or parks shall be determined by the planning commission as a condition of approval.

e.

Sewer. When average density of the travel trailer camp or park exceeds one dwelling unit per each half acre, a sanitary sewer collection system and at least secondary waste treatment plan shall be provided. Design, installation, and operation of the system and plant shall be accomplished according to the requirements of the applicable state law and of the Madera County chief sanitarian. Waste water collection facilities will be required from each water use site. Final disposition of waste water shall be subject to applicable state law and the requirements of the Madera County chief sanitarian.

f.

Specifications for sanitary sewer facilities in a travel trailer camp or park will be based upon the necessity for diluting effluents from holding tanks on campers and trailers.

g.

Drainage. Drainage plans pursuant to Title 17 are required for all travel trailer camps and parks. Construction permit fees and plan checking fees in Sections 17.24.270 and 17.24.290 will be charged for review and inspection of drainage facilities.

h.

Streets. Streets or access trails or roads shall be required in travel trailer camps or parks to meet Madera County Valley Urban Standard streets or the Madera County Mountain Urban Standard streets as set forth in Title 17. Fees in Section 17.24.280 will be charged for review and inspection of street improvements.

i.

Parking. At least one off-street parking space shall be provided for each trailer or camper in travel trailer camps of parks. Surfacing, grading, and base materials shall be specified as conditions of approval by the planning commission.

j.

Signs. One sign shall be permitted at the entrance to the travel trailer camp or park, subject to the following limitations:

i.

Non-moving and non-flashing;

ii.

Internally lighted and shall not cause glare at adjoining property or public roads;

iii.

Maximum size, forty-nine square feet;

iv.

Maximum height, eight feet;

v.

Maximum width, ten feet;

vi.

Design must be approved by the Madera County planning director.

k.

Directional signs are permitted within the travel trailer camp or park as approved by the Madera County planning director.

l.

Outdoor advertising structures are not permitted in travel trailer camps or parks.

m.

Communication Lines, Power Lines, and TV Service. In travel trailer camps or parks, underground wiring is recommended.

n.

Fire Protection. Requirements as per applicable sections of Section 13.12.070, as amended.

o.

Solid Waste Disposal. Centralized refuse collection and storage areas shall be provided in all travel trailer camps or parks. They shall be approved by the Madera County engineering department. In travel trailer camps or parks, all outdoor centralized refuse storage and collection areas shall be enclosed with a solid, six-foot-high fence. Access for disposal and pickup of solid waste materials shall be provided.

p.

Recreation Areas. Recreation areas and common park areas encompassing at least twenty percent of the total area of the travel trailer camp or park shall be provided. The location, accessibility and adequacy of such recreation and park areas shall be subject to the approval of the engineering department. Such recreation areas shall qualify as open space otherwise required herein.

q.

Street Lights. Street lights or overhead lights are required at public toilets or other public facilities installed in the development.

r.

Landscaping.

i.

All areas not occupied by travel trailers, accessory structures, buildings, or paving shall be landscaped and maintained with lawn, ground cover, shrubbery, or other ground cover materials approved by the county engineer.

ii.

Appropriate landscaping as approved by the county engineer shall be provided and maintained for screening purposes around the perimeter of the travel trailer camp or park.

iii.

Complete landscaping and sprinkler design plans shall be submitted to and approved by the engineering department for all travel trailer camps and parks.

s.

Open Spaces. Specific plans shall be submitted for the development, landscaping, and maintenance of open spaces. Open space areas may be applied to achieve maximum density standards required in

subsection (B)(4)(a) of this section.

t.

Fencing. The design of proposed fences used in travel trailer camps or parks shall be approved by the planning director prior to installation.

u.

Frontage Improvements. Complete frontage improvements shall be installed along public rights of way as required by the road department.

v.

Operational Standards.

i.

Accessory service uses such as laundromat, car wash rack, and general store may be permitted within the travel trailer camp or park for the exclusive use of the residents if included and approved as a part of the conditional use permit.

ii.

Subsequent provision of such facilities shall be subject to obtaining a conditional use permit or an amended conditional use permit according to the requirements herein.

(A)

Travel trailers or travel camp devices may not be sold within the travel trailer camp or park.

(B)

Renting of travel trailers in a travel trailer camp or park is prohibited unless the unit bears the insignia of the state of California, Division of Building and Housing Standards and is licensed by the division for this purpose. All camper units on vehicles in such a case shall be currently registered (licensed) in Madera County.

w.

Other Conditions. Other conditions as required by the planning commission during the public hearing on the issuance of a conditional land use permit.

5.

Variance. Variance from these minimum standards or requirements may be granted according to Chapter 18.106.

State and Federal Requirements. These standards and requirements are supplemental to the standards and requirements of the state of California and the United States of America. Where these county standards or requirements are more restrictive, such local standards shall apply. Nothing herein shall abrogate or minimize the state or federal standards or requirements.

7.

Guarantees. If memberships are sold in advance, or if any moneys are taken in advance of the completion of approved facilities in any travel trailer camp or park, contractual agreements shall be made with Madera County, together with cash deposits guaranteeing completion of improvements and facilities and no advertising or sales or rental brochures or statements shall be issued, authorized, or released by the developer, owner, or other principal of the travel trailer camp or park, promising or offering facilities other than those approved and herein guaranteed to be provided unless and until such agreements have been approved by the county and such fees have been placed in cash deposits.

8.

Any conditional use permits otherwise issued shall not be valid unless and until this requirement has been met.

9.

Enforcement.

a.

The primary enforcement agency is the state of California, Division of Housing and Community Development, Division of Building and Housing Standards. Regulations set forth in these standards shall be considered supplemental to the rules and regulations of the state of California, Department of Housing and Community Development.

b.

Failure to comply with the conditions of approval, or violation of state or county codes or ordinances shall be cause for withdrawal of such conditional use permit and basis for issuance of cease and desist orders otherwise specified in the zoning ordinance codified in this title.

c.

No certificate of occupancy will be issued by the Madera County planning department until the planned facilities, devices, and plantings have been constructed or installed. No occupancy of any pad or site shall take place until the certificate of occupancy has been issued.

d.

All other enforcement procedures specified in this title shall apply.

C.

Tent camps are permitted in any open space zone, in any agricultural zone, or residential zone excepting RUS (residential, urban single family) and RUM (residential, urban, multiple family).

1.

Application for tent camp shall be submitted to the planning commission for public hearing of the proposed land use, accompanied by required plans and drawings and a filing fee as approved by board resolution.

2.

The application for a land use permit shall be accompanied by five copies of an acceptable drawing at a scale of not less than one inch equals one hundred feet and shall include the following information:

a.

Size and location of the total contiguous land ownership of the applicant.

b.

Area to be occupied by the tent camp and related facilities.

c.

Existing physical features.

d.

Topographic map with five foot contour intervals.

e.

Internal roads and trail systems and access road contact with public roads.

f.

Tent pad sizes and design features and location.

g.

Recreation areas and other open space.

h.

Landscaping.

i.

Type, size, and capacity of sewage disposal system, as well as location and capacity of sewage lines and disposal fields, treatment facility, lagoons, or other disposal devices.

j.

Source and distribution of water supplies.

k.

Parking areas.

l.

Fencing and/or screen plantings.

m.

Lighting devices.

n.

Fire fighting facilities.

o.

A complete list of names and addresses and tax parcel numbers of all abutting properties and properties within three hundred feet of the site of the proposed land use shall be submitted with the application.

p.

Additional written materials further explaining the mapped information may be submitted. Five copies of such written materials should be provided.

3.

A public hearing pursuant to requirements of Section 18.108.050 shall be held based on requirements of subsection (C)(1) and (2) of this section.

4.

Final approval of such a facility shall follow the minimum requirements of subsection (C)(2) of this section and shall be approved only if meeting or exceeding the standards set forth below for tent camps, which standards are as follows:

a.

Density. The overall density of tent camps shall be determined by the planning commission as a condition of approval.

b.

Sewer. Sanitary sewer facilities may be required as a condition of approval by the planning commission for tent camps. Waste water collection facilities will be required from each water use site. Final disposition of waste water shall be subject to applicable state laws and the requirements of the Madera County chief sanitarian.

c.

Water. A safe water supply of adequate capacity shall be required in tent camps as a condition of approval of the planning commission.

d.

Drainage. Drainage plans pursuant to Title 17 are required for all tent camps and should be submitted to the Madera County engineer for approval. Construction permit fee and plan checking fee in Sections 17.24.270 and 17.24.290 will be charged for review and inspection of drainage facilities.

e.

Streets. Access trails or roads shall be required in tent camps to meet Madera County Valley Urban Standard streets or the Madera County Urban Standards as set forth in Title 17. Fees in Section 17.24.280 will be charged for review and inspection of street improvements.

f.

Parking. At least one off-street parking space shall be provided for each tent camping space in the development. Surfacing, grading, and base materials shall be specified as conditions of approval by the planning commission.

g.

Signs.

i.

One sign shall be permitted at the main entrance to the tent camp. The entrance sign shall be unlighted and shall not be larger than twenty-four square feet.

ii.

Directional signs are permitted within the tent camp as approved by the Madera County planning director.

iii.

Outdoor advertising structures are not permitted in tent camps.

h.

Communication Lines, Power Lines, TV Service. In tent camps, all communication lines, power lines, and other communication or power lines shall be placed underground.

i.

Fire Protection. Requirements as per applicable sections of Section 13.12.070, as amended.

j.

Solid Waste Disposal. Centralized refuse collection and storage areas shall be provided in all tent camps. They shall be approved by the Madera County engineering department. Access for disposal and pickup of solid waste materials shall be provided.

k.

Recreation Areas. The plans of recreation park areas within the development shall be submitted to and approved by the Madera County engineering department. Such recreation areas shall qualify as open spaces otherwise required herein.

l.

Street Lights. Lights shall be provided at any public facilities, water supply, commissary, office, first aid center, or fire fighting facility. Power shall be provided by underground wiring.

m.

Landscaping. Appropriate landscaping as required by the County Engineer shall be provided and maintained for screening purposes around the perimeter of the tent camp.

n.

Open Spaces. Specific plans shall be submitted for the developing, landscaping, and maintenance of open spaces. Open space areas may be applied to achieve maximum density standards required in subsection (C)(2) of this section.

o.

Fencing. The design of proposed fences used in tent camps shall be approved by the planning director prior to installation.

p.

Frontage Improvements. Frontage improvements shall be installed along public rights of way as required by the Madera County road department.

q.

Operational Standards.

i.

Accessory service uses such as a commissary, central hall, equipment rental buildings, shelter building, and similar structures may be permitted within the tent camp for the exclusive use of the occupants of the tent camp if included and approved as part of the conditional use permit. Subsequent provision of such facilities shall be subject to first obtaining a conditional use permit or an amended use permit according to the requirements herein.

ii.

If equipment is to be sold and rented on the premises, that operational feature shall be specifically approved separately by the planning commission as a part of the conditions of the land use.

r.

Other Conditions. Other conditions may be required by the planning commission during a public hearing on the issuance of the conditional land use permit.

5.

Variance. Variance from these minimum standards or requirements may be granted according to Chapter 18.106 of this code.

6.

State and federal Requirements. These standards and requirements are supplemental to the standards and requirements of the state of California and the United States of America. Where these county standards or requirements are more restrictive, such local standards shall apply. Nothing herein shall abrogate or minimize the state or federal standards or requirements.

7.

Guarantees. If memberships are sold in advance, or if moneys are taken in advance of the completion of the approved facilities in any tent camp, contractual agreements shall be made with Madera County, together with cash deposits, guaranteeing completion of approved facilities and no advertising or sales or rental brochures or statements shall be issued, authorized, or released by the developer, owner, or other principal of the tent camp, promising or offering facilities other than those approved and herein guaranteed to be provided. Any conditional use permits otherwise issued shall not be valid unless and until this requirement has been met.

8.

Enforcement.

a.

The primary enforcement agency is the state of California, Department of Housing and Community Development, Division of Building and Housing Standards.

b.

The regulations set forth in these standards shall be considered supplementary to the rules and regulations of the state of California, Department of Housing and Community Development.

c.

Failure to comply with conditions of approval or violations of state or county codes or ordinances shall be cause for withdrawal of such conditional use permit and basis for issuance of cease and desist orders otherwise specified in the zoning ordinance codified in this title.

d.

No certificate of occupancy will be issued by the Madera County planning department until the plans, facilities, devices, systems, and plantings have been provided, constructed, or installed. No occupancy of any pad or site shall take place until the certificate of occupancy has been issued.

e.

All other enforcement procedures specified in this title shall apply.

(Ord. No. 652, § 5, 12-20-11; Ord. 525 § 1(part), 1989).

18.94.110 - Public and commercial refuse disposal sites.

As defined in Madera County Ordinance No. 275 (Chapter 7.24). Any agricultural, industrial, rural, mountain, quarrying, mining and drilling district, is subject to the following:

A.

The location, building and site plan, and plan of operation and a plan of restoration shall be submitted to and approved by the zoning agency and the county health department.

B.

Such plans shall be approved or disapproved upon consideration of the effects upon topography, drainage, water supply, soil conditions, road and traffic, and present ultimate land development and use in the vicinity.

C.

Only sanitary land-fill refuse disposal methods, subject to standards established and enforced by the Madera County Health Department and the California State Board of Health shall be used. Permission to burn refuse before covering must be specifically approved in the conditional use permit, and may be separately withdrawn at any time the smoke and smell constitute a health or safety hazard. All garbage must be covered to the specified depths prior to the end of the day upon which disposal has taken place.

D.

A responsible person shall be in attendance during the hours of operation, which hours shall be subject to the approval of the zoning agency. No refuse disposal shall take place except during the specific hours of operation, with the attendant present.

1.

A nonflammable fence, with a gate which can be locked, must be erected to encompass the disposal site to prevent refuse disposal and scavenging during the nonoperating hours, and the attendant shall retain the key.

2.

Such fence, an additional auxiliary portable fence such as snow fence, that will minimize the nuisance of blowing paper shall be approved by the zoning agency.

E.

Requirements.

1.

Setback. No refuse disposal shall take place, nor shall structures pertinent thereto be constructed closer than fifty feet to the base setback line.

2.

Additional Requirements. Restrictions as to types and sources of refuse, if needed, shall be the responsibility of the zoning agency under advisement of the Madera County health department. A planting plan as approved by the planning director shall be included in the plan of operation.

(Ord. 525 § 1(part), 1989).

18.94.120 - All transit mix, concrete manufacturing or concrete goods manufacturing.

A.

All transit mix, concrete manufacturing or concrete goods manufacturing in any I-L industrial (urban or rural) light district provided the location and plan of operation and a landscaping plan have been submitted to and approved by the zoning agency. The zoning agency may require special equipment for the control of dust, noise or other hazards and may be limited by the zoning agency in intensity of use or number and kinds of equipment permitted.

B.

A planting screen at least eight feet high limiting the view to less than ten percent of the otherwise open view shall be provided along any lot line abutting any district permitting residential use and may be required along other lot lines in the conditional use permit assignment by the zoning agency.

C.

Additional highway width sufficient to provide for the safe control of traffic at the entrance to the area used shall be dedicated and the necessary highway improvements constructed by the developer to provide for safe entrance and exit.

D.

Hours of operation may be limited to a period of time by the zoning agency.

(Ord. 525 § 1(part), 1989).

Any commercial rural general (CRG) light industrial (I-L) or heavy industrial (I-H) district, is subject to the following:

A.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No burning shall be allowed on the premises.

C.

An eight-foot solid fence surrounding the property shall be constructed.

D.

No advertising shall be placed on the fence.

E.

A ten-foot area around the fence shall be kept free of weeds and debris.

F.

No operations shall be conducted outside of the fence.

G.

No car bodies or other materials shall be stored above the height of the fence.

(Ord. 525 § 1(part), 1989).

In the residential, urban, single family (RUS) district, subject to the following:

A.

The unit is not for sale, but may be rented;

B.

The lot contains an existing single family detached unit owned and occupied by the applicant as his or her principal residence for a minimum of three years prior to the conversion application and which the applicant will continue to occupy as his or her principal residence;

C.

The second unit is attached to the existing residence and is located within the living area of the existing dwelling;

D.

Whenever an increase in the floor area is involved, it shall not exceed ten percent of the existing living area;

E.

Any construction shall be of similar type and design of that of the existing dwelling and shall conform to all other applicable requirements (i.e., setbacks, lot coverage, building height, etc.);

F.

Approval by the environmental health and engineering departments as to building code requirements, sewer and water systems.

(Ord. 525 § 1(part), 1989).

In residential and agricultural zone districts, a conditional use permit may be approved on parcels one acre or larger, to allow deviations from the zone district restrictions on the number of dwelling units as long as the total density is consistent with the general plan.

In commercial or industrial zone districts, if there is an existing industrial or commercial activity then a conditional use permit can be considered to allow additional dwellings necessitated by the business activity.

(Ord. 525GG § 8, 2008).

Developments regulated by this chapter and within the state responsibility area (SRA) are required to provide annual maintenance of the defensible space area. Annual maintenance is intended to ensure continued availability, access, and utilization of the defensible space during a wildfire.

(Ord. 542 § 11, 1991).

Except as otherwise permitted, any building or use operated by any local, state, or federal agency, or special district, or any provider of emergency services shall be permitted in any zone district by means of a conditional use permit, subject to the following:

A.

Location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

(Ord. 525V § 2, 2006).

18.94.170 - Bulk storage of fuel for distribution and resale.

In the CRM (Commercial, Rural, Median); CRG (Commercial, Rural, General); CUM (Commercial, Urban, Median); IL (Industrial, Urban or Rural, Light); or IH (Industrial, Urban or Rural, Heavy) Districts subject to the following:

A.

The location, building and site plans, and plan of operation shall be submitted to and approved by the zoning agency.

B.

No gasoline pump, underground fuel tank or other accessory equipment shall be closer than twenty-five feet to the base setback line.

C.

No lighting installation shall be permitted which creates a hazard to traffic or a nuisance to surrounding property.

(Ord. 525GG § 9, 2008).

18.94.180 - Solar farms.

Where solar farms are permitted by conditional use permit, the following applies:

A.

The building area to lot area ratio shall not apply to solar farms in agricultural and open space zone districts.

B.

Zone district height restrictions do not apply.

C.

In the open space zone district (Chapter 18.50), consideration must first be given to the protection of parks or natural resources protected by a local, state, or federal agency.

(Ord. No. 525NN, § 3, 4-27-10).

The purpose of this chapter is to establish regulations that will allow farmers in Madera County to market produce and agricultural products directly to local consumers and tourists. The intent is to allow limited retail trade as a supplement to agriculturally based economic activities throughout the county and to provide opportunities for agritourism that are beneficial to the county and its agricultural industry which are compatible with the long-term viability of agriculture.

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

generates income for the owner/operator. Agritourism is the act of visiting a working farm/ranch or any agricultural, horticultural or agricultural operation for the purpose of enjoyment, education or active involvement in the activities of the farm/ranch or agricultural operation that also adds to the economic viability of the agricultural operation. The amount of land permitted for development of Agritourism uses is limited to ten percent of the total acreage or five acres of land, whichever is less. If the property is subject to Williamson Act Contract, activities must comply with state program.

Agritourism operations are allowed with an approved conditional use permit on all agriculturally zoned parcels over fifteen acres in size. An agritourism operation can include a number of different elements including farm stay operation, farm tours, special events and/or u-pick operations. At the time of application submittal, the applicant must submit a plan outline for the proposed operation. All activities must comply with the California Retail Food Code (CRFC) Chapter 10.5 of Division 17 (Commencing with Section 47000) of the Food and Agricultural Code.

A.

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

Farm stay operations that meet the development standards shall be allowed with an approved conditional use permit in all agricultural zone districts with a minimum of fifteen acres.

1.

Development Standards for Farm Stay Operations.

a.

No more than five guest rooms shall be allowed.

b.

Accommodations for no more than fifteen total guests shall be allowed.

c.

Food shall be served only to registered guests.

d.

Lodging and meals shall be incidental and not the primary function of the agricultural home stay establishment.

e.

All signs shall comply with the Madera County Sign Ordinance and Area Plan regulations.

Parking Requirements for Farm Stay Operations.

a.

Comply with parking ordinance (Chapter 18.102).

b.

Farm stay operations shall provide one parking space per bedroom.

c.

All access roads and parking must be of a dust free surface.

B.

Agricultural Store. The sale of agricultural products grown in Madera County, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area. Limited to five hundred square feet of the structure's total floor area may be used for limited retail sales. Ten percent of the agricultural product must be grown onsite. Agricultural stores shall be allowed in all agricultural districts with an approved conditional use permit. All activities must comply with 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 CRFC, Sections 113789 (Food facility) and 114375 (Farm stand and Community Food Production).

1.

Structures. Only permanent built structures are permitted.

2.

Location and Number. One large agricultural store shall be permitted per parcel in the agricultural zones.

3.

Length of Operation. Large agricultural stores may operate three hundred sixty-five days a year.

4.

Signs. The signage requirements for the produce sales use type shall apply pursuant to Chapter 18.90.

5.

Parking. The parking surfacing requirements shall comply with Chapter 18.102, retail sales.

6.

Other Permits. Large agricultural stores shall comply with all regulations administered by the community and economic development building division, the fire division, and the environmental health division, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Agricultural stores shall also be required to obtain a business license.

C.

Special Event. The temporary use of land and/or facilities, for which a fee may or may not be charged, for meetings, gatherings, celebrations and events, where there is a gathering of people in one geographical location within the county regardless of whether such gathering occurs on public or private property. "Special events" may be subject to other codes and regulations.

D.

Exclusions. Arena events, such as roping competitions, horse shows, rodeos and similar commercial-forfee sporting events are specifically excluded from the allowed uses and activities in the definition of agritourism and would require a separate conditional use permit. A RV park and camping is specifically excluded from the allowed uses and facilities in the definition of agritourism.

E.

Any agritourism use or activity which is established must comply with the following:

1.

Any agritourism use or activity shall have access from a road or roads which have adequate capacity for existing traffic and the traffic proposed by the agritourism activity or use.

2.

On-Site Parking. All categories of special events shall provide adequate on-site parking. On-site parking must be calculated at a minimum ratio of one space per two and one-half attendees.

3.

Amplified Sound. Outdoor amplified sound shall only be allowed from ten a.m. to ten p.m. No outside amplified sound shall be audible at the property line. Must comply with the Madera County General Plan.

4.

Lighting. Any proposed outdoor lighting shall hood and directed away from roads and neighboring parcels.

5.

Any exterior activities for agritourism uses and activities shall not commence prior to eight a.m. and shall cease by ten p.m. The planning director can consider amendments to these hours of operation on a case by case basis for specific agritourism uses which are time sensitive.

If the agritourism use or activity is immediately adjacent to a commercial poultry operation, there shall be no exterior lights for the agritourism use or activity (except as minimally necessary for public safety) and there shall be no organized agritourism activities after sunset. This requirement may be waived if the proponent obtains a signed waiver from the adjacent commercial poultry producer. This standard shall not apply if the agritourism operation is established before a poultry operation is established on the adjacent property.

7.

Petting zoos of resident farm animals shall have a minimum of one-third-mile buffer from adjacent properties.

8.

The primary use of the parcel on which the agritourism use or activity is located shall be commercial agricultural production. This shall mean a place of agricultural production which has annual sales of agricultural products of one thousand dollars or more. Agritourism is permitted as a secondary use to the primary commercial agricultural production use. No more than ten percent of a parcel's acreage or five acres of total land area, whichever is the lesser amount, may be used for agritourism development or

improved facilities for agritourism uses to comply with this primary use standard. If there are multiple parcels involved in the agritourism use and development, the maximum amount of agritourism development shall be calculated based upon the parcel on which the impacted facilities are located, using the % calculation, and there shall be no more than five acres cumulative agritourism development allowed on all of the parcels combined.

(Ord. No. 525-769, § 14 (Exh. F), 3-21-17).

Chapter 18.95 - PRELIMINARY REVIEW (VOLUNTARY)

The purpose of the preliminary review is to review and discuss the application requirements with the applicant and provide comments on the development proposal. The preliminary review shall be scheduled by the department, at the request of an applicant, and shall be held in a timely manner, within thirty days from the date of the applicant's request.

(Ord. No. 525SS, § 1 (Exh. A), 9-11-12).

Preliminary application questionnaire, any documents that you believe will help staff to understand your proposed development and the current condition of your property (land uses surrounding the site, circulation system in the neighborhood, topography of the site, location of existing utilities (water, sewer, drainage), known easements on and adjacent to the property). Plans shall be a drawn to scale and minimum of eleven inches by seventeen inches. All drawings must be legible. If larger than eleven inches by seventeen inches digital copies must be supplied.

(Ord. No. 525SS, § 1 (Exh. A), 9-11-12).

A meeting of the involved county departments (road, environmental health, fire, planning, and engineering departments) will be scheduled at the earliest possible date for the purpose of discussing the proposed plan with the applicant.

(Ord. No. 525SS, § 1 (Exh. A), 9-11-12).

The information provided to you during preliminary review is valid for one year from the date of the correspondence, except if:

A.

The code on which this information is based is changed;

B.

Emergency legislation is enacted by the board of supervisors; or

C.

There is a change in the project scope.

(Ord. No. 525SS, § 1 (Exh. A), 9-11-12).

18.95.050 - Fee payment by the applicant prior to acceptance by the planning department.

A preliminary review fee shall be paid to the planning department by the applicant prior to acceptance of the Preliminary Review application by the zoning administrator. The preliminary review fee shall be established by resolution of the board of supervisors.

(Ord. No. 525SS, § 1 (Exh. A), 9-11-12).

Chapter 18.96 - SITE PLANS

Where a site plan is required by this title, the applicant shall submit a standard land use application form (supplied by the zoning administrator) in triplicate, to the zoning administrator.

(Ord. 525 § 1(part), 1989).

18.96.020 - Number of copies supplied and contents.

The applicant shall also supply five black-line copies of scaled plan and elevation drawings, specifying and describing the following details of the proposed development:

A.

Dimensions and topography of the site and dimensions of existing buildings, structures or extensive uses;

B.

Names and addresses of owners of all abutting properties and properties within three hundred feet of this site;

C.

Building and structure locations;

D.

Parking area design, including pedestrian and vehicular flow designations, pavement, curbs, signs, lining and associated drainage facilities, as well a truck and passenger loading zones where applicable;

E.

General landscaping design plans;

F.

Plans for coordinated sign controls;

G.

Drainage plan;

H.

Fire control plan;

I.

Water system plan;

J.

Sewerage plan;

K.

Plan of general uses of all floor area and land area.

(Ord. 525 § 1(part), 1989).

18.96.030 - Statement of use construction and occupancy.

The applicant shall submit a statement of the planned sequence of construction and occupancy of all general uses of all floor and land area.

(Ord. 525 § 1(part), 1989).

The zoning administrator shall submit copies of the proposal and the drawings submitted to the county road commissioner, the county health officer and the county engineer for their review.

(Ord. 525 § 1(part), 1989).

A meeting of the zoning administrator, the road commissioner, the health officer and the county engineer with the applicant and his associates for the purpose of discussing the proposed plan may be held. If such meeting is held, minutes of such meeting shall be forwarded to the zoning agency along with the related application and drawings.

(Ord. 525 § 1(part), 1989).

The zoning administrator shall forward the application and drawings to the zoning agency for its consideration within sixty days of acceptance of the completed proposal.

(Ord. 525 § 1(part), 1989).

The zoning agency shall consider the site plans submitted as a part of the application for conditional use or "planned area."

(Ord. 525 § 1(part), 1989).

18.96.080 - Fee payment by applicant prior to acceptance by administrator.

A fee shall be paid to the zoning agency by the applicant prior to acceptance of the completed application by the zoning administrator. The following fee schedule shall apply:

A.

For site plans accompanying an appeal, variance or exception, zoning permit, or an application for a conditional use permit for a single establishment, residence, apartment, commercial, industrial or other use; no additional fee beyond that required for the appeal, variance, exception, zoning permit or conditional use permit shall be required.

B.

For site plans accompanying applications for zoning to PRA, PRD, PSC, PIP, or similar planned districts, payment of an application fee is required, in an amount as established by resolution of the board of supervisors. This application fee shall be in addition to that required for the processing of subdivision maps, building permits, road access permits, health inspection fees, zoning permits or any other required fees.

(Ord. 525-Y § 1, 2006; Ord. 525 § 1(part), 1989).

Chapter 18.98 - STRUCTURE REGULATIONS

I. - LOCATION

A.

Base setback lines, from which setback of buildings and structures shall be measured, are established for all streets and highways in Madera County.

B.

The setback for buildings and structures shall be measured at right angles to the base setback line of the street or highway upon which the lot fronts.

C.

All parcels one acre and larger, located in state responsibility fire protection areas (SRA), shall comply with the setback requirements of State of California Public Resources Code 4290, Section 1276.01(A) for building and accessory structure setbacks from property lines and/or center of the road [PCR 4290, Section 1276.01(A)]. The fire department may grant an exception to setbacks for fire safe standards only. Any exception to the minimum setback distance specified in this code shall be the responsibility of the zoning administrator and will be processed pursuant to Chapter 18.106. Any approvals from the fire department for exceptions to the requirements of Public Resources Code 4290, must be provided in writing to the engineering department prior to the approval of a building permit. Parcels less than one acre in size shall provide the same practical effect as specified by Public Resources Code 4290, Section 1276.01(B). The fire department will have responsibility in determining standards which provide for the same practical effect.

(Ord. 525M § 18(part), 2003: Ord. 525I § 1, 2000: Ord. 542 § 12(part), 1991: Ord. 525 § 1(part), 1989).

No principal or accessory structure shall be erected, altered or placed so that any part of a wall or structural support of the structure is closer to the base setback line than the minimum setback distance specified by the regulations for the zoning district in which such structure is located, except:

A.

Where the nearest structures or buildings on both sides of a proposed structure or building are within three hundred feet of each other and have less than the required minimum setback, the average between such existing setbacks shall apply.

B.

In the case of a proposed addition to the side of an existing structure or building which has less than the required minimum setback, such existing structure or buildings may be considered the "nearest existing

structure or building" in order to apply the foregoing exceptions in determining required minimum setback for the proposed addition. No addition to the front shall be allowed, however.

C.

A variance may be granted by the zoning administrator in accordance with Chapter 18.106.

D.

Permanent mechanical equipment and architectural features of buildings and structures, including eaves overhangs, window boxes, chimneys, and bay windows, may encroach into setback areas up to thirty-six inches or thirty percent of the required setback, whichever is less.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

No other buildings or disabled motor vehicles, structures of any kind, except necessary highway and traffic signs, public utility lines, fences, rural mailboxes and those signs permitted in a residential or agricultural district shall be hereafter erected, altered or planned within the area bounded by the side lot lines and the base setback lines and the setback line. Disabled motor vehicles shall not remain in the setback area more than twenty-four hours.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

18.98.040 - Vision setback lines—Established.

At the intersections of public streets or highways with a street, highway or railroad where the grade is not separated, vision setback lines are established as follows:

A.

Across each sector between the intersection of a street or highway with a railroad, a vision setback line shall be established by a straight line, connecting points on the base setback line and the railroad right-ofway line, which points are located one hundred feet from the intersection of the base setback line and the railroad right-of-way line.

B.

Across each sector between intersecting streets or highways, one or more of which has an established width of one hundred feet or more, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located sixty feet distant from the intersection of the base setback lines.

C.

Across each sector between any other intersecting streets, or alleys or driveways, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located thirty feet distant from the intersection of the base setback lines. (Refer to Section

18.102.120(I) for vision setback requirements for driveways in commercial, institutional, and industrial districts.)

(Ord. 525-Z § 1, 2006; Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

In the vision setback area, no disabled motor vehicle shall remain more than twenty-four hours and no structure of any kind shall be permitted which exceeds a height of three feet above the elevation of the center point of the intersection, except for necessary highway and traffic signs, public utility lines, and open fences through which there is clear vision, nor shall any plant material be permitted which obscures safe vision of the approaches to the intersection.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

On corner lots, the effect of the setback regulation shall not reduce the buildable width of such corner lot to less than thirty feet.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

No principal or accessory structure shall be erected, altered or placed so that any part of a wall or structural support of the structure is closer to the base setback line than the minimum setback distance specified by the regulations for the zoning district in which such structure is located, except:

A.

In the case of any lot of record created prior to this zoning ordinance which has a minimum average width less than one hundred twenty feet, the offset from a side lot line may be reduced proportionately to the ratio between the actual minimum average width and one hundred twenty feet; provided, however, that no offset shall in any case be less than six feet, except that offsets for detached accessory buildings on lots of one hundred feet in width or less may be reduced to five feet provided that no detached accessory buildings be located closer than ten feet to any structure used for residential purposes. Further reduction in offsets of detached accessory buildings to less than five feet must be approved by the zoning administrator, but in no case will the offset be reduced to less than three feet, nor the total distance to an existing dwelling be less than ten feet.

B.

Where a lot abuts a zoning district boundary line, the offset from such line in the zoning district boundary of less restricted use shall be not less than that required for the adjacent zoning district of more restrictive use.

C.

In the case of multiple family residential or commercial use structures, the offsets may be modified as follows:

Two or more buildings on adjoining lots may be erected with common or directly adjoining walls provided that at both ends of such buildings, the applicable offset requirements shall be complied with. Such "row" type construction shall be permitted only as a part of a planned development district or by a conditional use permit from the zoning agency.

D.

All parcels one acre or larger located in state responsibility fire protection areas (SRA), shall comply with the offset requirements of State of California Public Resources Code 4290, Section 1276.01(A) for building and accessory structure offsets from property lines and/or center of the road [PCR 4290. Section 1276.01(A)]. The fire department may grant an exception to offsets for fire safe standards only. Any exception to the minimum offset distance specified in this code shall be the responsibility of the zoning administrator and will be processed pursuant to Chapter 18.106. Any approvals from the fire department for exceptions to the requirements of Public Resources Code 4290 must be provided in writing to the engineering department prior to the approval of a building permit. Parcels less than one acre in size shall provide the same practical effect as specified by Public Resources Code 4290, Section 1276.01(B). The fire department will have responsibility in determining standards which provide for the same practical effect.

E.

Permanent mechanical equipment and architectural features of buildings and structures, including eaves overhangs, window boxes, chimneys, and bay windows, may encroach into setback areas up to thirty-six inches or thirty percent of the required setback, whichever is less.

(Ord. 525M § 18(part), 2003: Ord. 525I § 2, 1999: Ord. 542 § 12(part), 1991: Ord. 525 § 1(part), 1989).

18.98.080 - Maintenance of setback or offset areas.

Any required setback or offset area shall be landscaped and kept clean and free from the accumulation of debris or refuse and shall not be used for the storage or display of equipment, products, vehicles or any other materials or structures.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

Principal buildings shall maintain a minimum ten-foot separation from accessory buildings and other principal buildings. No detached accessory structure or accessory building shall be erected, structurally altered, or placed on a lot so that any portion of the structure or building is closer than ten feet to the principal building or other accessory building on the lot, with the following exceptions:

A.

This regulation does not apply to structures which are accessory to other structures, as determined by the zoning administrator.

B.

Permanent mechanical equipment and architectural features, including eaves overhangs, window boxes, chimneys, and bay windows of buildings, may encroach into setback areas up to thirty-six inches or thirty percent of the required setback, whichever is less.

C.

A private garage which provides parking for a principal building with no attached garage does not require a minimum setback from the building it serves. Only one private garage for one principal building is allowed to be closer than ten feet.

(Ord. 525HH § 22, 2008: Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

II. - HEIGHT REGULATIONS

In any zoning district no building or structure shall be hereafter erected, placed or structurally altered to a height in excess of that hereinbefore specified by the regulation for that zoning district, except as below in Sections 18.98.110 and 18.98.120.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

The following shall be excepted from the structure height regulations of all zoning districts, except that such heights shall not exceed those permitted in the AAO zoning district.

A.

Chimneys and flues;

B.

Accessory farm buildings, but not to exceed sixty feet in height;

C.

Subject to the approval of the zoning administrator: cooling towers, elevators, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires or broadcasting towers, masts, aerials, transmission towers and necessary mechanical appurtenances. Application for approval of such structures or uses shall be made in the manner prescribed in this title.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

The maximum height of any structure may be increased by not more than ten feet, providing all required offsets and setbacks are increased by one foot for each foot which such building exceeds the height limit

of the zoning district in which it is located, except that such height shall not exceed the maximum permitted in the airport/airspace overlayed district.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

18.98.130 - Measured from center of building pad.

Building heights shall be measured from the center of the building pad.

(Ord. 525M § 18(part), 2003: Ord. 525 § 1(part), 1989).

Chapter 18.100 - LOT DIMENSIONS—OPEN AREAS

18.100.010 - Dimension regulations.

A.

No structure or building shall be erected or placed on a lot nor shall any use be made of a lot:

1.

Wherein the dwelling floor area to lot area ratio is greater than the ratio specified by the zoning district in which such structure, building or use is located;

2.

Wherein the total building area to lot area ratio is greater than the ratio specified by the zoning district in which such structure, building or use is located. (This regulation applies both to buildings wherein dwellings are located and those not having dwelling units on the lots.)

B.

For the purpose of this title, the lot area shall be measured from the base setback line.

C.

A lot shall be at least as wide as the specified minimum average width for a distance of at least one-half the length of the lot.

D.

No lot area shall be reduced by any means so as to create a lot less than the required size, or causes the existing offsets, setbacks, open space or lot area to be reduced below the regulations for the zoning district in which the lot is located.

E.

Where a lot has less land area than required for the zoning district in which it is located, and the lot was a recorded lot at the time of the passage of this zoning ordinance, the lot may be used for any purpose permitted in that zoning district. However, multi-family residences are not permitted on such lots, and, in no

case shall the setback, offset or open space requirement be reduced except by written approval of the zoning administrator.

F.

In all zone districts except "planned" zone districts, if the minimum lot size is undefined in the zone district, the default is one acre.

G.

The requirements of this section may be waived by the zoning administrator in the case of a "well lot" parcel.

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

No structure or building shall be erected, structurally altered or placed on a lot so as to reduce the usable open area of such lot to less than that hereinbefore specified by the regulations for that zoning district in which such lot is located.

(Ord. 525 § 1(part), 1989).

To be considered usable, such open area shall be readily accessible and of a size and shape which can be reasonably considered to provide for the amenities and necessities of light, air, play space, drying yard, garden, orchard, vineyard or similar open use. Cropland, pasture, orchard, garden and woodland may be included in computing such open area.

(Ord. 525 § 1(part), 1989).

No part of the open area provided for any building or structure shall be included as part of the open area required for another building or structure, except as hereinbefore provided for PRD planned residential development district, PRA planned recreation area district, PSC planned shopping center district, or PIP planned industrial park district.

(Ord. 525 § 1(part), 1989).