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).

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).

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).

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).

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).

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

(Ord. 525 § 1(part), 1989).

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).

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.

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 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).

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).

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).

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).

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.

2.

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-for-fee 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.

6.

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).