A.

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

B.

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

C.

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

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

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

A.

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

B.

In the case of a proposed addition to the side of an existing structure or building which has less than the required minimum setback, such existing structure or buildings may be considered the "nearest existing structure or building" in order to apply the foregoing exceptions in determining required minimum setback for the proposed addition. No addition to the front shall be allowed, however.

C.

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

D.

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

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

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

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

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

A.

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

B.

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

C.

Across each sector between any other intersecting streets, or alleys or driveways, a vision setback line shall be established by a straight line connecting two points on the intersecting base setback lines, which points are located thirty feet distant from the intersection of the base setback lines. (Refer to Section 18.102.120(I) for vision setback requirements for driveways in commercial, institutional, and industrial districts.)

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

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

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

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

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

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

A.

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

B.

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

C.

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

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

D.

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

E.

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

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

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

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

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

A.

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

B.

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

C.

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

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

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

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

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

A.

Chimneys and flues;

B.

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

C.

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

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

The maximum height of any structure may be increased by not more than ten feet, providing all required offsets and setbacks are increased by one foot for each foot which such building exceeds the height limit of the zoning district in which it is located, except that such height shall not exceed the maximum permitted in the airport/airspace overlayed district.

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

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

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