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Madera County Unincorporated
City Zoning Code

CHAPTER 18

88 - LAND USE REGULATIONS

18.88.010 - Restricted uses.

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

(Ord. 525 § 1(part), 1989).

18.88.015 - Prohibited uses.

The following land uses are prohibited in all zoning districts:

A.

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

B.

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

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

18.88.020 - Unclassified uses.

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

(Ord. 525 § 1(part), 1989).

18.88.030 - Additional requirements.

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

(Ord. 525 § 1(part), 1989).

18.88.040 - Public utilities.

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

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

(Ord. 525 § 1(part), 1989).

18.88.050 - Storing motor vehicles and equipment.

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

(Ord. 525 § 1(part), 1989).

18.88.060 - Emergency shelters—Permanent.

A.

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

B.

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

C.

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

D.

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

E.

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

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

18.88.070 - Roadside stand.

"Roadside stand" means a temporary structure used or intended to be used solely by the owner or tenant of the farm on which such building is located for the purpose of selling things raised on that farm. Roadside stands are allowed by right in all agricultural zone districts. All activities must comply with the California Retail Food Code (CFRC), Chapter 10.5 (commencing with Section 47000) of the Food and Agricultural Code and regulations adopted and enforced pursuant to that chapter, operating within the requirements set forth in the CFRC, Sections 113789 (Food facility) and 114375 (Farm stand and Community Food Production).

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

Parking, as per Chapter 18.108, retail sales.

H.

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

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