Title 18 ZONING*
Chapter 18.94 CONDITIONAL USES PERMITTED
18.94.010 Purpose.
18.94.020 Automobile service stations.
18.94.030 Animal hospitals, kennels and laboratories using animals or animal products.
18.94.040 Cemeteries and mausoleums for the burial of human remains.
18.94.050 Fur farms, pig farms, feed lots and poultry farms.
18.94.060 Laboratories for testing, experimental or analytical purposes.
18.94.070 Nonconforming uses.
18.94.075 Mini storage facilities.
18.94.080 Private clubs and outdoor recreational facilities such as recreational camps, golf courses, bathing beaches, riding academies and resorts.
18.94.090 Outdoor theatres.
18.94.100 Trailer camps or trailer parks, mobile home parks or tent camps.
18.94.110 Public and commercial refuse disposal sites.
18.94.120 All transit mix, concrete manufacturing or concrete goods manufacturing.
18.94.130 Junkyards.
18.94.140 Residential conversion.
18.94.145 Deviation.
18.94.150 SRA defensible space measures.
18.94.160 Public facilities and emergency services.
18.94.170 Bulk storage of fuel for distribution and resale.
18.94.010 Purpose.
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).
18.94.020 Automobile service stations.
Commercial, rural, median (CRM) or commercial, urban, median (CUM)
districts are subject to the following:
A. The location, building and site
plans, and plan of operation shall be submitted to and approved by the zoning
agency.
B. No gasoline pump, underground fuel tank or other accessory
equipment shall be closer than twenty-five feet to the base setback
line.
C. No lighting installation shall be permitted which creates a hazard
to traffic or a nuisance to surrounding property. (Ord. 525 § 1(part),
1989).
18.94.030 Animal hospitals, kennels and laboratories using animals or animal products.
In any commercial district except CRR, or CUR, or agricultural district,
subject to the following:
A. Location, building and site plans, and plan of
operation shall be submitted to and approved by the zoning agency.
B. No
such use shall be permitted on a lot of less than one acre.
C. No building,
other than one used only for residence purposes, shall be closer than fifty feet
to the lot line of an adjoining lot in a district permitting residential use.
(Ord. 525 § 1(part), 1989).
18.94.040 Cemeteries and mausoleums for the burial of human remains.
In any zoning district, subject to the following:
A. Location,
building and site plans, and plan of operation shall be submitted to and
approved by the zoning agency.
B. No such use shall be permitted on a lot of
less than one acre. (Ord. 525 § 1(part), 1989).
18.94.050 Fur farms, pig farms, feed lots and poultry farms.
In any agricultural district, subject to the following:
A. The
location, building and site plans, and plan of operation shall be submitted to
and approved by the zoning agency.
B. No such use shall be permitted on a
lot of less than five acres in area.
C. No building other than one used only
for residence purposes shall be closer than fifty feet to the lot line of an
adjoining lot in a residential zoning district. (Ord. 525 § 1(part),
1989).
18.94.060 Laboratories for testing, experimental or analytical purposes.
In any agricultural district, rural mountain district, and in any
commercial district, industrial district, quarrying, mining and drilling
district, or (of a public or institutional laboratory) in an IA (institution
area) district, subject to the following:
A. The location, building and site
plans, and plan of operation shall be submitted to and approved by the zoning
agency.
B. No building other than one used only for residence purposes shall
be closer than fifty feet to the line of an adjoining lot in a residential
zoning district.
C. Off-street parking shall be provided as required for
office buildings. (Ord. 525 § 1(part), 1989).
18.94.070 Nonconforming uses.
Regulations in any district are as provided in Chapter 18.86,
nonconforming uses. (Ord. 525 § 1(part), 1989).
18.94.075 Mini storage facilities.
To be allowed by CUP in CUG, CRG, CUM, CRM zone districts and to be
allowed by zoning permit in IL and IH zone districts.
A. The location,
building, topography, site plans, elevations and plan of operation shall be
submitted to and approved by the planning agency.
B. Except as provided for
below, all street frontages (not including alleys) shall generally have a
ten-foot landscaped buffer measured from the right-of-way property line, to be
located between the property line and the screening wall or fence surrounding
the mini storage facility as described in subsection D of this section. A
landscaped buffer at least ten feet deep shall be planted and maintained along
all interior property lines abutting an existing or proposed residential
development. A sideyard landscape area will normally include a solid fence or
wall on the property line with a minimum of ten feet of landscaping inside of
the fence. However, the actual design and placement of the fencing and
landscaping buffer may be modified on a case-by-case basis by the planning
director, subject to review by the planning commission, taking into account
specific site topography, location, public improvements, aesthetics and ease of
maintenance. The landscaping buffer shall include mature trees of at least
fifteen-gallon size, shrubs and groundcover plantings that will be of sufficient
size and number to visually screen the project from the public right-of-ways and
adjoining properties within a period of not more than ten years after planting.
The landscaping buffer shall utilize xeriscape (“dry” or
minimally-irrigated landscape design and planting) and native vegetation when
practicable.
C. A plan shall be provided showing an appropriate irrigation
method for watering all landscaped areas of the project to assure survival of
landscape plantings.
D. Mini storage facilities shall be surrounded by a
minimum eight-foot screening wall or fence. Screening walls shall be designed
to screen the site from public right-of-ways and adjoining properties. The wall
shall be designed to be compatible with the adjoining property’s planned
development.
E. On site parking shall be provided on the site at a ratio of
one stall per twenty-five number of storage units. Outdoor storage of vehicles
shall be allowed only in a separately enclosed area with required landscape
buffers.
F. Signs located on the exterior of the site shall include an
emergency and twenty-four-hour contact number for the general public. The sign
shall be located at the main entrance to the site and shall be a maximum of ten
square feet with minimum four-inch high lettering.
G. Storage of hazardous
materials is prohibited in mini storage facilities.
H. Onsite provisions
shall be made for permanent public restroom facilities in compliance with state
and county codes. (Ord. 525O § 2, 2003).
18.94.080 Private clubs and outdoor recreational facilities such as recreational camps, golf courses, bathing beaches, riding academies and resorts.
In any agricultural district, rural mountain district, commercial
district, or in an open space district where buildings and/or structures are
only a minor and incidental feature of an otherwise open space use of the land
is subject to the following:
A. The location, building and site plans, and
plan of operation shall be submitted to and approved by the zoning
agency.
B. No such use shall be permitted on a lot of less than five acres
in area.
C. No building, other than one used only for residence purposes
shall be closer than fifty feet to the lot line of an adjoining lot in a zoning
district permitting residential use.
D. Off-street parking shall be provided
as required by the zoning agency, adequate to meet the needs of the proposed
use.
E. No such permitted use shall include the operation of a commercial
facility such as a bar or restaurant except as may be specifically authorized in
the grant of the conditional use permit. (Ord. 525 § 1(part),
1989).
18.94.090 Outdoor theatres.
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).
18.94.100 Trailer camps or trailer parks, mobile home parks or tent camps.
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 of one hundred dollars, plus one dollar for each pad
proposed, 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 subsection (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 of one
hundred dollars plus one dollar for each pad or space proposed.
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 of one hundred
dollars plus one dollar for each campsite proposed.
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. 525 § 1(part),
1989).
18.94.110 Public and commercial refuse disposal sites.
As defined in Madera County Ordinance No. 275 (Chapter 7.24). Any
agricultural, industrial, rural, mountain, quarrying, mining and drilling
district, is subject to the following:
A. The location, building and site
plan, and plan of operation and a plan of restoration shall be submitted to and
approved by the zoning agency and the county health department.
B. Such
plans shall be approved or disapproved upon consideration of the effects upon
topography, drainage, water supply, soil conditions, road and traffic, and
present ultimate land development and use in the vicinity.
C. Only sanitary
land-fill refuse disposal methods, subject to standards established and enforced
by the Madera County Health Department and the California State Board of Health
shall be used. Permission to burn refuse before covering must be specifically
approved in the conditional use permit, and may be separately withdrawn at any
time the smoke and smell constitute a health or safety hazard. All garbage must
be covered to the specified depths prior to the end of the day upon which
disposal has taken place.
D. A responsible person shall be in attendance
during the hours of operation, which hours shall be subject to the approval of
the zoning agency. No refuse disposal shall take place except during the
specific hours of operation, with the attendant present.
1. A nonflammable
fence, with a gate which can be locked, must be erected to encompass the
disposal site to prevent refuse disposal and scavenging during the nonoperating
hours, and the attendant shall retain the key.
2. Such fence, an additional
auxiliary portable fence such as snow fence, that will minimize the nuisance of
blowing paper shall be approved by the zoning
agency.
E. Requirements.
1. Setback. No refuse disposal shall take
place, nor shall structures pertinent thereto be constructed closer than fifty
feet to the base setback line.
2. Additional Requirements. Restrictions as
to types and sources of refuse, if needed, shall be the responsibility of the
zoning agency under advisement of the Madera County health department. A
planting plan as approved by the planning director shall be included in the plan
of operation. (Ord. 525 § 1(part), 1989).
18.94.120 All transit mix, concrete manufacturing or concrete goods manufacturing.
A. All transit mix, concrete manufacturing or concrete goods manufacturing
in any I-L industrial (urban or rural) light district provided the location and
plan of operation and a landscaping plan have been submitted to and approved by
the zoning agency. The zoning agency may require special equipment for the
control of dust, noise or other hazards and may be limited by the zoning agency
in intensity of use or number and kinds of equipment permitted.
B. A
planting screen at least eight feet high limiting the view to less than ten
percent of the otherwise open view shall be provided along any lot line abutting
any district permitting residential use and may be required along other lot
lines in the conditional use permit assignment by the zoning
agency.
C. Additional highway width sufficient to provide for the safe
control of traffic at the entrance to the area used shall be dedicated and the
necessary highway improvements constructed by the developer to provide for safe
entrance and exit.
D. Hours of operation may be limited to a period of time
by the zoning agency. (Ord. 525 § 1(part), 1989).
18.94.130 Junkyards.
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).
18.94.140 Residential conversion.
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).
18.94.145 Deviation.
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).
18.94.150 SRA defensible space measures.
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).
18.94.160 Public facilities and emergency services.
Except as otherwise permitted, any building or use operated by any local,
state, or federal agency, or special district, or any provider of emergency
services shall be permitted in any zone district by means of a conditional use
permit, subject to the following:
A. Location, building and site plans, and
plan of operation shall be submitted to and approved by the zoning agency.
(Ord. 525V § 2, 2006).
18.94.170 Bulk storage of fuel for distribution and resale.
In the CRM (Commercial, Rural, Median); CRG (Commercial, Rural, General);
CUM (Commercial, Urban, Median); IL (Industrial, Urban or Rural, Light); or IH
(Industrial, Urban or Rural, Heavy) Districts subject to the
following:
A. The location, building and site plans, and plan of operation
shall be submitted to and approved by the zoning agency.
B. No gasoline
pump, underground fuel tank or other accessory equipment shall be closer than
twenty-five feet to the base setback line.
C. No lighting installation shall
be permitted which creates a hazard to traffic or a nuisance to surrounding
property. (Ord. 525GG § 9, 2008).
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