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

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

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

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

A.

Purpose and Applicability. The purpose of this section is to establish the regulations and procedures for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with Government Code Section 66310—66342 (Accessory Dwelling Units). The standards included in this section are applicable to all lots that are zoned to allow residential uses.

B.

Application Process.

1.

Permit required. A building permit is required for ADUs.

2.

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

3.

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

4.

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

a.

Exceptions.

i.

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

ii.

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

5.

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

C.

Types and Number of ADUs Permitted Per Lot.

1.

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

a.

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

b.

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

c.

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

2.

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

a.

Internal Conversion ADUs.

i.

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

b.

Detached ADUs.

i.

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

ii.

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

D.

Development and design standards.

1.

Attached ADUs.

a.

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

b.

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

c.

Setbacks. Attached ADUs shall meet the following minimum setbacks.

i.

Front yard: As established in the applicable zone district.

ii.

Side yard: Four feet.

iii.

Rear yard: Four feet.

d.

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

2.

Detached ADUs.

a.

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

b.

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

i.

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

ii.

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

iii.

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

c.

Setbacks. Detached ADUs shall meet the following minimum setbacks:

i.

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

ii.

Side yard: Four feet.

iii.

Rear yard: Four feet.

3.

Internal Conversion ADUs.

a.

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

b.

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

c.

Setbacks. If the ADU is constructed in the same location and to the same dimensions as the existing structure, then the ADU shall maintain the same setbacks as the existing structure or minimum setbacks of four feet from the side and rear yards, whichever is less.

d.

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

4.

Junior ADUs.

a.

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

b.

Access.

i.

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

ii.

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

c.

Owner Occupancy.

i.

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

ii.

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

d.

Deed Restriction.

i.

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

(1)

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

(2)

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

e.

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

i.

A cooking facility with appliances.

ii.

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

E.

Other requirements.

a.

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

b.

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

c.

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

d.

Parking standards.

i.

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

ii.

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

iii.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

e.

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

f.

Fire Sprinklers.

i.

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

ii.

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

iii.

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

g.

Fees.

i.

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

ii.

Impact Fees:

1.

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

2.

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

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

See Chapter 18.62.

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

A.

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

B.

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

C.

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

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

A.

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

B.

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

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

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

B.

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

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

A.

The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-L, R-M, R-MH, or R-H zone district shall be limited to no more than three such sales per year. Commonly referred to as garage or yard sales, each sale shall be limited to three consecutive days and unsold possessions shall be removed from the public view and stored within the premises.

B.

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

C.

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

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

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

C.

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

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

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

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

A.

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

B.

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

C.

General Provisions.

1.

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

2.

The sale of alcohol and tobacco products shall be prohibited.

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

D.

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

E.

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

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

C.

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

1.

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

2.

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

3.

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

4.

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

D.

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

1.

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

2.

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

E.

The following requirements for parking shall apply to mobilehome parks.

1.

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

2.

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

3.

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

4.

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

5.

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

F.

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

1.

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

2.

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

3.

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

4.

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

G.

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

H.

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

I.

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

1.

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

2.

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

3.

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

4.

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

J.

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

1.

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

2.

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

3.

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

K.

Each mobilehome park shall provide the following additional facilities:

1.

A laundry building for clothes washing and drying;

2.

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

L.

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

M.

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

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

A.

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

B.

The following definitions shall apply to this section:

1.

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

2.

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

3.

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

C.

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

1.

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

2.

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

3.

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

D.

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

E.

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

1.

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

2.

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

3.

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

4.

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

F.

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

G.

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

H.

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

I.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

J.

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

K.

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

L.

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

M.

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

N.

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

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

Outdoor storage of materials or equipment that occupies a volume of more than sixty cubic feet and is visible from any abutting public street or abuts property used for residential purposes, meet the following standards. This section does not apply to temporary storage, such as storage during construction.

A.

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

B.

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

C.

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

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

A.

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

1.

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

2.

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

3.

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

4.

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

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

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

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

Shipping containers shall meet the following setback requirements:

i.

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

ii.

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

iii.

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

9.

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

10.

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

i.

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

ii.

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

iii.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

Effective Date. This ordinance shall become effective upon publication, any pre- existing nonpermitted on-site shipping containers or storage containers in place prior to said effective date shall be allowed to remain for a maximum of one hundred eighty days from the adoption of this ordinance. Upon expiration of the one hundred eighty days all shipping containers shall be required to have an administrative use permit approved by the city and brought into compliance with the current ordinance CMC 18.60.180.

K.

Violations. Any property that has not submitted an administrative use permit application to the city within one hundred eighty days of the effective date of this ordinance, and upon which a non-permitted shipping container is located, shall be in violation of this ordinance. Violations of this section shall be subject to the penalty and enforcement provisions of the Municipal Code, including, but not limited to Chapters 1.10, 1.12, 1.16 and 1.20.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 518-24, § 6, 2-13-2024)

The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:

A.

Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.

B.

A minimum walkway of four feet is required in front of all outdoor vending machines.

C.

Outdoor vending machine shall not be installed in the public right-of-way or immediately adjacent such that it would cause customers to stand in the right-of-way to use the machine.

D.

Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.

E.

Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.

F.

Vending machines are permitted to cover up to a maximum of ten percent of the length of the primary building frontage, or twenty feet, whichever is less.

G.

Vending machine installations shall not have exposed conduits, piping or overhead utility connections.

H.

All outdoor machines shall be maintained in a clean and attractive condition.

I.

Any graffiti on an outdoor vending machine shall be removed within twenty-four hours.

J.

If the outdoor machine is removed the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.

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

See Chapter 18.68.

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

A.

Purpose. The purpose of this section is to establish a streamlined, ministerial approval process for employee housing in a manner that is consistent with the requirements and allowances of state law, specifically Health and Safety Code Section 17021.8 (Employee Housing Act).

B.

Applicability. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all the following requirements:

1.

The development is located on land designated as agricultural in the City of Chowchilla General Plan.

2.

The development is not located on a site that is any of the following.

a.

Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.

b.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

d.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

f.

Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g.

Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

i.

Lands under conservation easement. For purposes of this section, "conservation easement" shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).

j.

Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six family housing units.

3.

The development has adequate water and wastewater facilities and dry utilities to serve the project.

4.

The development is located:

a.

Within one-half mile of a duly designated collector road with an Average Daily Trips (ADT) of six thousand or greater; or

b.

Adjacent to a duly designated collector road with an ADT of two thousand or greater.

5.

The development provides one parking space per unit, or as based upon demonstrated need; provided, that these standards do not require more parking than other residential uses of similar size within the jurisdiction.

6.

The development is an eligible agricultural employee housing development as defined in Health and Safety Code Section 17021.8.

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

A.

Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and in zones where emergency shelters are permitted, if the proposed housing development satisfies all of the following requirements, pursuant to Section 65651 of the Government Code.

a.

Units within the development are subject to a recorded affordability restriction for fifty-five years.

b.

One hundred percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

c.

At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.

d.

The developer provides the planning agency with the information required by Section 65652 of the Government Code.

e.

Nonresidential floor area shall be used for onsite supportive services in the following amounts:

i.

For a development with twenty or fewer total units, at least ninety square feet shall be provided for onsite supportive services.

ii.

For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

f.

The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.

g.

Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

B.

Supportive housing shall be subject to comply with written, objective development standards and policies that apply to other multifamily development within the same zone.

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