A.
Purpose.
The purpose of this chapter is to ensure that development is consistent
with the General Plan, complies with the standards of this chapter,
produces an environment that is harmonious with existing and future
development, and protects the use and enjoyment of neighboring properties.
B.
Applicability.
1.
The
standards in this chapter apply to all zones.
2.
These
standards shall be considered in combination with the standards for
each zone in Article 2 (Zones, Allowable Uses, and Development Standards),
and Article 4 (Standards for Specific Land Uses). Where there may
be a conflict, the standards specific to the zone or specific land
use shall override the general standards specified in this chapter.
3.
All
structures, additions to structures, and uses shall conform to the
standards of this chapter as determined applicable by the Director.
(Ord. 1976 § 2, 2019)
A.
Objectives.
The following objectives shall be satisfied in approving any accessory
use:
1.
The
accessory use is clearly incidental and subordinate to the primary
use on the site;
2.
The
accessory use supports and enhances the primary use on the site;
3.
The
accessory use does not change the character of the primary use; and
4.
The
accessory use is compatible with the primary uses on surrounding properties.
B.
Considerations.
The following considerations shall be used in reviewing proposed accessory
uses to help determine if they will meet the above objectives:
1.
The
type of primary use on the site and the relationship of the proposed
accessory use to the primary use;
2.
The
size and intensity of the proposed accessory use in comparison to
the primary use (with respect to: floor area, sales revenue, number
of employees, traffic, etc.); and
3.
If
the primary use is existing or proposed and, if existing, for how
long.
C.
Approval
Process.
1.
Application
Process. An application for an accessory use shall be reviewed through
one of the following processes, at the determination of the Director:
a.
As an addition to an allowed primary use on the site where only Zoning
Clearance and no Administrative Permit or Conditional Use Permit is
required;
b.
As an addition to an allowed primary use on the site, but an Administrative
Permit or Conditional Use Permit is required for the accessory use;
c.
As a major or minor modification to the existing Administrative Permit
or Conditional Use Permit for the primary use on the site; or
d.
As a new Administrative Permit or Conditional Use Permit for both
the primary and accessory use.
2.
Director
Determination. The determination by the Director as to the type of
permit and level of review that shall be required for an accessory
use shall be based on the potential for controversy, opposition, any
unresolved issues, or policy implications.
(Ord. 1976 § 2, 2019)
A.
Purpose.
This section provides location and operational standards for off-sale
alcohol sales establishments (also referred to as liquor stores).
The provisions in this section shall apply to alcohol sales establishments
where allowed in compliance with Article 2 (Zones, Allowable Uses,
and Development Standards) and the following standards.
B.
Applicable
Provisions and Prohibitions.
1.
Prohibited
Locations. Off-sale alcohol sales establishments shall not be located
within a 1,000-foot radius of another off-sale alcohol sales establishment
or any sensitive uses (i.e., schools, parks, youth facilities), as
measured in compliance with paragraph 2 below.
2.
Measurement
of Distance. The distance between an off-sale alcohol sales establishment
and a sensitive use or another off-sale alcohol sales establishment
shall be made in a straight line, without regard to intervening structures
or objects, from property line to property line of the parcel on which
the structure, or portion of the structure, in which the sensitive
use or another off-sale alcohol sales establishment occurs or is located.
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate the establishment and operation
of convenience stores and mini marts.
B.
Standards.
In zones where allowed, convenience stores and mini marts shall be
subject to all the requirements of this Zoning Code and the following
standards:
1.
The
site shall have direct frontage along an arterial or collector street.
The site shall not have direct access on a local residential street
unless approved by the Department of Public Works.
2.
The
design and location of the access drive(s) shall be subject to the
approval of the Department of Public Works and/or the California Department
of Transportation.
3.
New
convenience stores and mini marts proposed within 1,000 feet of an
existing or previously approved convenience store, mini mart, elementary,
junior, or senior high school, parks, and youth facilities, as measured
from one property line to another, shall require the approval of a
Conditional Use Permit.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A.
Purpose.
The purpose of this section is to regulate the establishment and operation
of cottage food operations within residential zones which allow for
low-risk products to be made or repackaged at a private residence
for sale to consumers.
B.
Definitions.
1.
Direct
Sales. A transaction within the State between the cottage food operator
(CFO) and a consumer, where the consumer purchases the cottage food
product directly from the CFO. Direct sales include, but are not limited
to, transactions at holiday bazaars or other temporary events (e.g.,
bake sales or food swaps), transactions at farm stands, certified
farmers' markets, or through communitysupported agricultural subscriptions
occurring in person in the cottage food operation.
2.
Indirect
Sales. A transaction between a CFO, a third-party retailer, and a
consumer, where the consumer purchases cottage food products made
by the CFO from a third-party retailer that holds a valid permit issued
by the County Division of Environmental Health. Indirect sales include,
but are not limited to, sales made to retail shops or to retail food
facilities where food may be immediately consumed on the premises.
C.
Compliance
with County Division of Environmental Health. The cottage food operations
shall comply with County Division of Environmental Health requirements.
D.
Zoning
Clearance Required. The approval of a Zoning Clearance through the
Department is required.
E.
Employees.
Cottage food operations may have one full-time employee, not including
family members or household members.
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate the establishment of emergency
shelters.
B.
Standards.
In zones where allowed, emergency shelters shall be subject to all
the requirements of this Zoning Code and the following standards:
2.
Hours
of Operation. Facilities shall establish and maintain set hours of
operation.
3.
Length
of Stay. The maximum length of stay shall be no longer than six months,
as established by the California Health and Safety Code for emergency
shelters.
4.
Lighting. On-site lighting shall be provided in all parking, pedestrian paths, and entry areas. Lights shall be shielded and directed away from adjacent properties and uses in compliance with Section 18.40.070 (Outdoor Lighting).
5.
Location
Requirement. Emergency shelters shall have a separation of at least
300 feet from other emergency shelters, as measured from one property
line to another.
6.
Number
of Beds. An emergency shelter may have up to 60 beds.
7.
On-Site
Staffing. A minimum of one supervisory level staff member shall be
present on the site during hours of operation. Operator(s) shall ensure
that loitering does not occur on the property during non-shelter hours
and shall further ensure that clients are not loitering, littering,
or otherwise creating a nuisance to the neighborhood.
8.
Outdoor
Activities. Outdoor activity and intake areas shall be screened from
public view and from the view of adjacent properties.
9.
Parking.
The emergency shelter shall provide on-site parking for all staff
plus one space per each 10 occupants allowed at the maximum capacity.
10.
Review. A Zoning Clearance and Site Plan and Design Review for proposed
facilities shall be submitted to responsible County departments for
review and comment.
11.
Security. A security plan shall be submitted to the Sheriff's Department
for review and approval prior to operation and shall be reviewed annually.
(Ord. 1976 § 2, 2019)
In zones where permitted, home occupations shall require review
and approval of a Zoning Clearance subject to the following standards:
A.
Operation.
1.
Home occupations shall be operated by individuals that reside
in the household, with the exception of one non-resident employee.
2.
Business operations (deliveries, traffic, etc.) shall not change
the residential character of the neighborhood.
3.
Vehicles relating to a home occupation shall not be parked at
the subject residence if they exceed a typical utility car, van, or
pickup truck. Not more than one vehicle specifically for advertising
a home occupation shall be permitted.
4.
Merchandise or products shall not be publicly displayed.
5.
There shall be no advertising which calls attention to the home
used for business purposes. Telephone listings and mass media advertising
shall not include the home address.
6.
There shall be no mechanical equipment used other than for purely
domestic or hobby purposes.
B.
Appearance and Physical Features.
1.
The appearance of the structure shall not be altered nor the
occupation within the residence be conducted in a manner which would
cause the premises to differ from its residential character either
by use of separate entrance, colors, materials, construction, lighting,
signs, or emissions of sounds, noises, and vibrations.
2.
Space for the home occupation, including related storage, is
limited to the lesser of 250 square feet or 25% of the living space.
3.
The home occupation including the office area, storage of merchandise,
products, or equipment shall be enclosed within the structure and
shall not occupy the necessary off-street parking. Outside storage
is not permitted.
D.
Prohibited Home Occupations. The following home occupations are prohibited
in the county:
(Ord. 1976 § 2, 2019; Ord. 2039, 5/21/2024)
A.
Purpose. The purpose of this section is to regulate additional residential
unit(s) allowed in the R-R and all agricultural zones, where parcels
are not connected to public water and sewer services and are served
with wells and on-site septic systems.
B.
Standards. In R-R and agricultural zones where allowed, additional
residential unit(s) shall be subject to all the requirements of this
Zoning Code and the following standards:
1.
Requirements for the R-R Zone.
a.
No more than one additional residential unit shall be allowed
per parcel.
b.
The additional residence may be either a conventional or manufactured
dwelling.
c.
Conventional or manufactured dwellings shall be placed on permanent
foundations.
d.
The additional residential unit shall not exceed one story.
e.
The additional residential unit may be attached or detached
to the primary residential dwelling.
f.
County Division of Environmental Health approval is required
to determine compliance with Local Agency Management Plan (LAMP).
2.
Requirements for Agricultural Zones.
a.
Allowed Dwelling Type and Location. Additional residential units
may be conventional or manufactured dwelling.
b.
An additional residential unit may be allowed on parcels six
acres or larger. Exceptions may be made subject to the following standards:
(1)
A maximum of one additional residential unit may
be allowed on a parcel less than six acres if all of the following
criteria is met:
(A)
Approval for a well and on-site septic system is
obtained from the County Division of Environmental Health;
(B)
The parcel is not developed with an additional
residential unit; and
(C)
The property owner is the occupant of the existing
or proposed permanent single-family dwelling on the same parcel.
d.
Principal Occupant Requirements for Agricultural Zones. The
principal occupants of the additional residential units shall either
be:
e.
Environmental Health Approval. The applicant shall obtain approval
from the County Division of Environmental Health indicating the proposed
installation of any wells and on-site septic systems complies with
County regulations.
f.
Annual Monitoring Permit. Each additional residential unit(s)
shall be subject to a yearly occupancy monitoring permit with the
regulations administered by the Department.
g.
Deed Restriction. The property owner shall sign and record the
following documents prior to the issuance of the Building Permit:
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020; Ord. 2039, 5/21/2024)
A.
Purpose.
The purpose of this section is to regulate the establishment of employee
housing as governed by the Employee Housing Act, and to facilitate
additional housing opportunities for agricultural workers.
B.
Applicability.
This section shall apply to all employee housing permitted by the
State Department of Housing and Community Development (HCD) in accordance
with the Employee Housing Act, California Building Standards Code,
the Mobilehome Parks Act, and the Special Occupancy Act.
C.
Standards.
In zones where allowed, employee housing shall be subject to all the
requirements of this Zoning Code and the following standards:
1.
Employee
Housing, Agricultural.
a.
Occupancy. In any zone where agricultural uses are allowed, agricultural
employee housing, shall consist of either 36 beds or less in group
quarters or 12 units or less, with each unit designed for use by a
single family or household.
b.
Permit Requirements. Employee housing, agricultural, shall be considered
an agricultural use and subject to the same permits and fees applicable
to any allowed agricultural use in that zone.
2.
Employee
Housing, Residential.
a.
Occupancy. In any zone where residential uses are allowed, residential
employee housing shall consist of accommodations for six employees
or less. Family members of the employees are not counted. Use of a
dwelling for residential employee housing shall not constitute a change
of occupancy.
b.
Permit Requirements. Residential employee housing shall be considered
a residential use and subject to the same permits and fees applicable
to any residential use allowed in that zone.
3.
Industrial
Zones. Employee housing for six employees or less is permitted with
the approval of an Administrative Permit.
4.
Additional
Employee Housing. In any zone where employee housing is allowed, employee
housing may be permitted to exceed the allowed occupancy, as described
in this section, with approval of a Conditional Use Permit and subject
to the following standards:
a.
The site shall be adequately served by public water and sewer services,
and/or private septic and well approved by the County Division of
Environmental Health.
b.
The site shall not be located on prime farmland, unique farmland,
or farmland of Statewide importance as identified by the Farmland
Mapping and Monitoring Program.
c.
The employee housing shall be located on the same parcel, or adjacent
to a parcel, that is developed with an existing commercial, industrial,
or agricultural related business.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
A.
Purpose.
The purpose of this section is to regulate manufactured housing in
all residential zones.
B.
Standards.
In all residential zones, manufactured housing shall be placed on
permanent foundations and shall be subject to all the requirements
of this Zoning Code and the following standards:
1.
Roof
pitch shall be a minimum of two inches vertical rise for each 12 inches
of horizontal run.
2.
Eave
projection on all sides shall be a minimum of 12 inches.
3.
Exterior
siding materials shall be hardboard, wood, stucco, or metal simulating
horizontal lap or vertical board and batten.
4.
Exterior
roof material shall be asphalt composition, shingle, clay, tile, or
other similar material.
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate mobile/manufactured home
park housing.
B.
Common
Recreation Area. A common recreation area shall be provided. The size
of the park shall be, at a minimum, either 400 square feet of recreation
area per mobile/manufactured home, or 4,400 square feet, whichever
is greater.
C.
Common
Storage. Common storage areas shall be provided within an enclosed
fenced area for the residents of the mobile home park for the storage
of recreational vehicles. One space measuring 10 feet by 20 feet shall
be provided for every five mobile/manufactured home spaces.
D.
Density.
Maximum density standards shall be consistent with the General Plan
or applicable community plan.
E.
Drainage
and Flood Hazard. A mobile/manufactured home park shall be located
on a well-drained site, properly graded to provide adequate disposition
of water runoff. The area shall be free of flood hazards from external
sources. The Director may require dedications and improvements that
will ensure proper protection of a mobile/manufactured home park.
F.
Exterior
Cladding. Mobile/manufactured homes adjacent to the perimeter fence/wall
shall use nonmetallic exterior cladding materials.
G.
Height.
The maximum height of any mobile/manufactured home shall not exceed
30 feet.
H.
Perimeter
Screening. The perimeter screening shall be opaque, including fences
and masonry walls.
I.
Setbacks.
The required setbacks between dwellings and from the perimeter fence
and/or wall shall be a minimum of 10 feet.
J.
Utilities.
All utilities including conduits and associated facilities, as well
as television cable shall be placed underground.
K.
Walkways.
Walkways shall be provided to allow reasonable direct access to all
parcels, service structures, and other areas or structures used by
occupants of the mobile homes. Collector walkways serving utility
structures, playgrounds, and other general areas shall be at least
four feet in width and individual entrance walks to each mobile home
site shall be at least two feet in width. Walkways shall be constructed
of asphalt, concrete, or other approved materials that will allow
all-weather pedestrian movement.
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate the establishment of single
occupancy housing.
B.
Standards.
In zones where allowed, single occupancy housing shall be subject
to all the requirements of this Zoning Code and the following standards:
1.
Bathroom.
An SRO unit is not required but may contain a partial or full private
bathroom facility. If a full bathroom facility is not provided, common
bathroom facilities shall be provided in compliance with the California
Building Code for congregate residences with at least one full bathroom
per floor.
2.
Kitchen.
An SRO unit is not required but may contain a partial or full private
kitchen facility. If a kitchen is not provided, at last one common
full kitchen shall be provided per floor.
3.
Laundry
Facilities. A minimum of one washer and one dryer shall be provided
for every 20 units or fraction thereof, with at least one washer and
dryer per floor.
4.
Parking.
Off-street parking requirements shall be as follows: one parking space
for each SRO unit, one space for an on-site manager where required,
and one parking space for each additional employee.
5.
Tenancy.
SRO units shall not be rented for a period of less than 30 days.
6.
Unit
Size. Unit shall be at a minimum of 150 square feet and a maximum
of 400 square feet. Occupancy shall be limited to two persons.
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate the establishment of temporary
housing during an approved construction project.
B.
Standards.
In zones where allowed, temporary housing during an approved construction
project shall be subject to all the requirements of this Zoning Code
and the following standards:
1.
Temporary
Residence Permitting. A temporary residence may be allowed on-site
during the approved construction of a new or remodeled home conforming
to zoning regulations. The Director may issue a Temporary Use Permit
(TUP) (occupancy monitoring permit) allowing the use of a temporary
dwelling unit, whether conventional, mobile, or recreational vehicle.
2.
Removal
or Conversion of the Temporary Residence.
a.
The dwelling unit used as a temporary residence shall be removed
from the property within 120 days after the date of final inspection
or date of occupancy, of the newly constructed/remodeled dwelling
unit; whichever occurs first;
b.
A conventional residential unit used as a temporary residence may
be retained on the premises as an accessory structure, provided that
all kitchen appliances, fixtures, and plumbing shall be dismantled
and removed from the structure within 120 days after the date of final
inspection or date of occupancy of the newly constructed/remodeled
dwelling unit (removal from public services shall be approved by the
County Division of Environmental Health), whichever occurs first;
c.
Conversion of a conventional residential unit used as a temporary
unit to an ADU may be allowed in the appropriate zone, subject to
the provision in the Code, with the approval of a Zoning Clearance;
or
d.
The conversion of a temporary unit to a permitted additional dwelling
unit may be permitted in agricultural zones, subject to the provisions
in the Code.
(Ord. 1976 § 2, 2019)
In agricultural zones, the Commission may approve or conditionally
approve a Conditional Use Permit for kennels with six or more animals
only after first making all of the following findings:
A.
The
use required to be in a rural area because of unusual site area and/or
specific operational characteristics which pose a health or safety
problem to urban populations.
B.
The
use will not significantly impact adjacent agricultural, recreational,
natural, cultural, wildlife, or other natural resources identified
by the Natural Resources Element.
C.
The
use is limited in size, time of operation, or length of permit authority
where necessary to ensure compatibility with adjacent land uses.
D.
The
use shall not have a detrimental effect on surface or groundwater
resources.
E.
The
parcel on which such use is requested is not located on productive
agricultural lands or the land may reasonably be returned to agricultural
use in the future (factors to be considered include, but are not limited
to, soil types and potential for agricultural production; the availability
of irrigation water; ownership and parcelization patterns; uniqueness
and flexibility of use; the existence of Williamson Act contracts;
existing uses and their contribution to the agricultural sector of
the economy).
(Ord. 1976 § 2, 2019)
A.
Purpose.
This section provides location, development, and operation standards
for child day care facilities, in compliance with State law.
B.
Definitions.
For the purpose of this section, the following terms shall have the
following definitions.
1.
Child
Day Care Centers. A child day care facility not operated as a small
or large family day care home. Includes infant centers, preschools,
and extended child day care facilities. These may be operated in conjunction
with a business, school, or religious facility.
2.
Child
Day Care Homes, Large. A child day care facility located in a single-family
residence where an occupant of the residence provides care and supervision
for nine to 14 children in compliance with Health and Safety Code
Section 1597.465. Children under the age of 10 years who reside in
the home count as children served by the day care facility.
3.
Child
Day Care Homes, Small. A child day care facility located in a single-family
residence where an occupant of the residence provides care and supervision
for eight or fewer children in compliance with Health and Safety Code
Section 1597.44. Children under the age of 10 years who reside in
the home count as children served by the day care facility.
C.
Standards.
These standards apply in addition to the other provisions of this
Zoning Code and requirements imposed by the California Department
of Social Services. The establishment of a child day care facility
shall comply with Article 2 (Zones, Allowable Uses, and Development
Standards), and the following standards:
1.
Large
Child Day Care Home. A large child day care home shall be allowed
subject to the Director's approval provided the proposal meets the
following standards.
a.
Compliance with all County restrictions and regulations on yards,
building height, setback, and parcel coverage standards in the zone
in which the residence is located;
b.
The large child day care home shall be the principal residence of
the child day care provider and the use shall be clearly incidental
and secondary to the use of the property as a residence;
c.
The home is either situated on a parcel zoned for residential use
and meets a minimum standard of 75 square feet of outdoor activity
space for each ambulatory child. The outdoor area shall be owned or
leased by the applicant and cannot be shared with other property owners
unless permission is granted by the joint owners;
d.
Provides adequate access to the facility with minimal disruption
to local traffic and circulation;
e.
Locates all outdoor play equipment at least five feet from the adjacent
property line;
f.
Within urban residential areas, provides a minimum six-foot high
solid wall or barrier to enclose all outdoor play areas;
g.
Is located at least 800 feet from any other large child day care
home or child day care center, as measured from one property line
to another. However, the Director may allow the proposed large child
day care home to be located closer than 800 feet if all of the following
is first determined:
(1)
The closer location will not have an adverse effect on surrounding
properties or on vehicular or pedestrian safety in the area,
(2)
The proposal for the closer location seeks by design and layout of
the site, to minimize noise which may be a nuisance to neighbors,
and
(3)
The proposal for the closer location does not materially reduce the
privacy otherwise enjoyed by the residents of adjoining property;
h.
Comply with Health and Safety Code Section 1597.46(d), including
compliance with any Statewide standards that have or may hereafter
be adopted by the State Fire Marshal specifically regarding fire and
life safety in large family day care homes, including those standards
currently specified in the California Building Code; and
i.
Comply with any conditions imposed by the review authority deemed
necessary to satisfy the requirements of this section.
2.
Child
Day Care Center. Child day care centers shall regularly provide care,
protection, and supervision of children in specified zones. The following
provisions, in addition to the provisions of paragraph 1 of this subsection,
shall apply to child day care centers:
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate the establishment and operation
of mini-storage or self-storage facilities.
B.
Standards.
In zones where allowed, mini-storage facilities shall be subject to
all the requirements of this Zoning Code and the following standards:
1.
Business
Activity.
a.
Storage facilities located adjacent to residential zones shall have
hours of operation limited to 7:00 a.m. to 9:00 p.m., Monday through
Saturday, and 9:00 a.m. to 9:00 p.m. on Sunday.
b.
No business activity shall be conducted other than the rental of
storage spaces for inactive storage use.
c.
All storage shall be located within fully enclosed structure(s) except
for operable vehicles, boats, RVs, and trailers.
d.
The site shall be completely enclosed with the building wall or a
six-foot-high solid masonry wall or fence with landscaping, except
for points of ingress and egress (including emergency fire access)
which shall be gated. The gate(s) shall be maintained in good working
order at all times and shall remain closed except when in use.
2.
Caretakers
Unit. Residential quarters for a manager or caretaker may be provided
in the development subject to Director's approval.
3.
Lighting. All on-site lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way in compliance with Section 18.40.070 (Outdoor Lighting).
4.
Minimum
Site Area. The minimum site area shall be 20,000 square feet.
5.
Paved
Areas. The site shall be paved, except for structures and landscaping.
Surface areas for storage of vehicles shall be subject to approval
of the Director.
6.
Parking
Standards.
a.
The mini-storage facility shall provide two parking spaces for the
manager or caretaker, and a minimum of five spaces located adjacent
or in a close proximity to the manager's quarters/office for customer
parking.
b.
Aisle width shall be a minimum of 25 feet between structures to provide
unobstructed and safe circulation, loading, and unloading.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), mobile recycling facilities
shall be allowed subject to the requirements of this Zoning Code and
all the following standards:
A.
Shall be subject to Site Plan and Design Review approval in compliance with Chapter 18.122 (Site Plan and Design Review);
B.
Shall
be no larger than 500 square feet and occupy no more than five parking
spaces not including space that will be periodically needed for removal
of materials or exchange of containers;
C.
Shall
be set back at least 10 feet from any public right-of-way, and not
obstruct pedestrian or vehicular circulation;
D.
Shall
accept only glass, metal, plastic containers, papers, or other recyclable
items in specially marked containers approved by the Director;
E.
Shall
use no power-driven processing equipment except for reverse vending
machines;
F.
Shall
use containers that are constructed and maintained with durable waterproof
and rustproof material, covered when the site is not attended, secured
from unauthorized entry or removal of material, and be of a capacity
sufficient to accommodate materials collected and collection schedule;
G.
Shall
store all recyclable material in the mobile unit vehicle and shall
not leave materials outside of the unit when attendant is not present;
H.
Shall
be maintained in a clean and sanitary manner free of litter and any
other undesirable materials;
I.
Shall
not exceed noise levels of 65 dBA as measured at the property line
of adjacent residential zones or 70 dBA for other zones;
J.
Shall
not be located within 100 feet of any residential zone;
K.
Collection
containers, site fencing, and signs shall be of a color and design
compatible and harmonized with the surrounding uses and neighborhood;
L.
Containers
shall be clearly marked to identify the name and telephone number
of the facility operator and the hours of operation and display a
notice stating that no material shall be left outside the recycling
enclosure containers;
M.
Signs
may be provided as follows:
1.
Recycling
facilities may have identification signs up to a maximum of 15 percent
of the surface area of each side of a container/structure or 16 square
feet, whichever is greater. In the case of a wheeled facility, the
container will be measured from the ground to the top of the container,
2.
Signs
shall be consistent with the character of their location, and
N.
The facility shall not impair the landscaping required by Chapter 18.36 (Landscaping) for any concurrent use;
O.
No
additional parking space shall be required for customers of a small
collection facility located at the established parking lot of the
primary use. One space will be provided for the attendant, if needed;
P.
Mobile
recycling units shall have an area clearly marked to prohibit other
vehicular parking during hours when the mobile unit is scheduled to
be present;
Q.
Occupation
of parking spaces by the facility and by the attendant shall not reduce
available parking spaces below the minimum number required for the
primary use, unless the Director finds that the existing parking capacity
is not already fully used during the time the recycling facility operates;
and
R.
Facilities
may be subject to landscaping and/or screening as determined by the
Director.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), applicants for exploratory
and production oil and gas wells shall apply for an Administrative
Permit. In addition to standard application materials, an oil and
gas well application shall include all of the following items:
A.
Lease
or Evidence of Ownership Required. Copy of lease or evidence of ownership
shall be provided by the applicant to the County.
B.
Oil
and Gas Well Indemnity Bond Required. Oil and Gas Well Indemnity Bond
with Merced County as Beneficiary to reclaim the site after use shall
be provided as follows:
|
Table 4-1
Oil and Gas Well Indemnity Bond Requirements
| |
|---|---|
|
Individual Project Bonds
|
$10,000.00 for wells less than 5,000 feet in depth
|
|
$15,000.00 for wells 5,000 feet to 10,000 feet in depth
| |
|
$20,000.00 for wells over 10,000 feet in depth
| |
|
OR
| |
|
A Blanket Bond
|
$100,000.00
|
|
OR
As Determined by the Director
| |
C.
Authority
to construct or waiver from the San Joaquin Valley Unified Air Pollution
Control District.
D.
Site Plan and Design Review approval in compliance with Chapter 18.122 (Site Plan and Design Review), showing drill site location on Assessor's Parcel and access route.
E.
Detailed
plan of drill site, showing all structures, including mobile homes
and commercial coaches if used.
F.
When
an exploratory well is successful, a separate subsequent Administrative
Permit application shall be processed with environmental review and
approved for the production well.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), outdoor dining areas located
on private property shall be allowed subject to the approval of the
applicable land use permit in compliance with Article 6 (Permit Processing
Procedures), the requirements of this Zoning Code, and all of the
following standards:
A.
Alcoholic
Beverage Sales. Areas in which alcoholic beverages are served shall
comply with the standards established by the State Department of Alcoholic
Beverage Control.
B.
Parking Requirements. Outdoor dining and seating areas parking requirements shall be calculated in compliance with Chapter 18.38 (Off-Street Parking Regulations and Design Standards) for restaurants. Any dining or seating area within the right-of-way shall be included for purposes of calculating the required number of parking spaces.
C.
Clean-Up
Facilities. Outdoor dining areas, whether part of a single restaurant
or shared by several restaurants, shall provide adequate clean-up
facilities, and associated procedures, in the following manner:
1.
Cleaning
Schedule. Outdoor dining areas shall be cleaned on a continual basis
for removal of litter and food items which constitute a nuisance to
public health and safety; and
2.
Waste
Receptacles. Outdoor dining areas shall contain waste receptacles,
which shall not be allowed to overflow, for use by the public and/or
restaurant employees.
D.
Compatibility.
To ensure compatibility with surrounding uses and a high standard
of quality, the following standards shall apply:
1.
Compatible
Elements. Outdoor dining and seating areas and associated structural
elements, awnings, covers, furniture, umbrellas, or other physical
elements that are visible from public rights-of-way, shall be compatible
with the character of the main structure(s);
2.
Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall comply with the noise standards in Section 18.40.050 (Noise);
3.
Pedestrian
Experience. The use of awnings, plants, umbrellas, and other human-scale
elements is encouraged to enhance the pedestrian experience;
4.
Potential
Impacts. Outdoor dining and seating areas and their relation to churches,
hospitals, public schools, and residential uses shall be considered
by the Review Authority. Proper mitigation measures shall be applied
to eliminate potential impacts related to glare, light, loitering,
and noise;
5.
Obstructions.
Outdoor dining and seating areas shall not obstruct vehicular or pedestrian
traffic flow and not necessitate the removal of existing pedestrian
or vehicular movement areas; and
6.
Barriers.
Appropriate barriers shall be placed between outdoor dining and seating
areas and parking, traffic, and public and private streets.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), outdoor displays, including
temporary outdoor displays and sales in compliance with subsection
A (Temporary Outdoor Displays and Sales), and permanent outdoor displays
and sales in compliance with subsection B (Permanent Outdoor Displays
and Sales), shall be allowed in compliance with the applicable provisions
of this Zoning Code and all the following standards. Outdoor uses
on public property within the public right-of-way shall require an
encroachment permit issued by the Department of Public Works.
A.
Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the requirements and approval of a Temporary Use Permit, (Chapter 18.124 Temporary Use Permits) in compliance with the following standards:
1.
Fixed
Period of Time. The permit shall identify a fixed period of time for
the display or sale, or where not identified, the display or sale
shall not exceed two days for a temporary event;
2.
Nuisance
Factors. Regulation of nuisance factors including prevention of glare
or direct illumination on adjacent parcels, dirt, dust, gases, heat,
noise, odors, smoke, waste, and vibration shall be required;
3.
Operating
Hours. The permit shall regulate operating hours and days;
4.
Parking. Adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, shall be provided in compliance with Chapter 18.38 (Off-Street Parking Regulations and Design Standards);
5.
Performance Bond. Submission of a performance bond or other surety measures, in compliance with Section 18.130.060 (Performance Guarantees) satisfactory to the Director, may be required to ensure that any temporary facilities or structures used would be removed from the site within seven days following the termination of the event, and to ensure that the property would be cleaned of debris and litter so as to be completely free of all evidence of the temporary activity;
6.
Sanitary
Facilities. Sanitary facilities, as identified in the permit, shall
be provided;
7.
Security.
Provisions for security and safety measures, as identified in the
permit, shall be provided;
8.
Setbacks.
Appropriate setbacks shall be maintained to ensure adequate separation
from adjacent land uses and a safe environment for pedestrians and
vehicles;
10.
Temporary Structures. Regulation of temporary structures and facilities
shall be required, including location, height and size, and location
of equipment and open spaces, including buffer areas and other yards;
11.
Waste Collection and Disposal. Solid waste collection, recycling,
and/or disposal shall be provided;
12.
Other Conditions. Any other conditions that would ensure the operation
of the proposed temporary event in an orderly and efficient manner
shall be required; and
13.
Point of Sale. A Point of Sale Agreement shall be required for all
merchandise sold outdoors.
B.
Permanent
Outdoor Displays and Sales. The permanent outdoor display/sale of
merchandise shall comply with applicable permits and the following
standards:
1.
Height
of Displayed Materials. The outdoor display of merchandise shall not
exceed a height of 10 feet above finished grade;
2.
Location
of Merchandise. Displayed merchandise shall occupy a fixed, specifically
approved and defined location that does not disrupt the normal function
of the site or its circulation, and does not encroach upon driveways,
landscaped areas, parking spaces, or pedestrian walkways. Displays
shall not obstruct traffic sight areas or otherwise create hazards
for vehicle or pedestrian traffic;
3.
Relationship
to Main Use. The outdoor display and sales area shall be directly
related to a business occupying a primary structure on the subject
parcel;
4.
Screening Required. Outdoor sales and activity areas shall be screened from adjacent public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Section 18.34.050 (Screening). This requirement shall not apply to:
a.
Plant nurseries,
b.
Vehicle, boat, motorcycle, or recreational vehicle sales,
c.
Limited on-site walkway displays adjacent to commercial development
greater than 50,000 square feet, or
d.
Outdoor displays of tires for sale shall be allowed provided the
display does not exceed 42 inches in height and is no more than 40
feet in length;
5.
Signs.
Additional signs, beyond those normally allowed for the subject use,
shall not be provided as a result of the outdoor display and sales
area;
6.
Operating
Hours. The hours of operation shall be restricted to 8:00 a.m. to
10:00 p.m., if located within 300 feet of a residential zone, or as
identified in a permit;
7.
Waste
Collection and Disposal. Solid waste collection, recycling, and/or
disposal shall be provided; and
8.
Other
Conditions. Any other conditions that would ensure that the proposed
use will be operated in an orderly and efficient manner shall be required.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), religious places of worship
shall be allowed subject to the requirements of this Zoning Code and
all of the following standards:
A.
Parcel
Size. The minimum parcel size shall be 15,000 square feet.
B.
Separation.
The main sanctuary or assembly hall shall be separated from the nearest
parcel used for residential purposes by a minimum of 30 feet.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), produce stands and markets
shall be allowed subject to the requirements of this Zoning Code and
all the following standards:
A.
Purpose.
The purpose of these standards is to promote the sale of agricultural
products by allowing farmers to market their produce directly from
their property to local consumers, travelers, and tourists. These
standards are not intended to allow convenience retail stores in the
agricultural zones.
B.
Definitions.
1.
Packaged
Foods. Food in a package where the processing and packaging are done
at a facility that has been approved by the County Division of Environmental
Health.
2.
Produce.
Fruits, vegetables, or nuts in their natural state.
3.
Produce
Markets. Structures and/or areas that are accessory to on-site agricultural
operations and are primarily used to sell raw, unprocessed fruits,
vegetables, nuts, and other agricultural produce. At least one-half
of the retail value of the produce shall be grown on site or on other
property owned by the same person. Produce markets may also be used
for limited sales of processed packaged foods and non-food items.
4.
Produce
Stands. Structures and/or areas that are accessory to on-site agricultural
operations and are used to sell raw, unprocessed fruits, vegetables,
nuts, and other agricultural produce grown only on site.
C.
Approval.
1.
Produce
stands are subject to approval of a Zoning Clearance by the Director.
2.
Produce
markets are subject to approval of an Administrative Permit application
by the Director, with review by the County Division of Environmental
Health, Department of Public Works, and Agricultural Commissioner.
3.
Produce
markets shall require approval of a food facility permit from the
County Division of Environmental Health, and it shall be posted in
a conspicuous place on site.
D.
Standards.
1.
Only
One Produce Stand or Market. Only one produce stand or produce market
is allowed on each legal parcel or Assessor's Parcel, whichever is
larger.
3.
Sales
of Other Items.
a.
Up to five percent of the floor area of produce markets may be used
for the sale of snack foods, soft drinks, ice, and promotional non-food
items that advance the sale of agricultural products or educate the
public about the agricultural industry.
b.
No other non-produce items may be sold in produce stands or produce
markets. This prohibition includes, but is not limited to, petroleum
products, alcoholic beverages, tobacco, and magazines.
5.
Parking.
a.
One parking space shall be provided for each 300 square feet of gross
floor area, with a minimum of three parking spaces.
b.
Each parking space shall be at least nine feet by 19 feet in size
and shall not encroach on any public right-of-way or create a traffic
hazard, as determined by the County Department of Public Works, Road
Division.
c.
The required parking spaces need not be paved, striped, or otherwise
improved except as required to maintain air quality standards.
6.
Electrical.
No electrical wiring or hookups of any kind are allowed for produce
stands.
7.
Vehicles.
No agricultural produce shall be sold from a motorized vehicle.
8.
Removal.
Existing produce stands and produce markets that are not used for
two consecutive years shall be removed from the site at the property
owner's expense.
(Ord. 1976 § 2, 2019)
(Repealed by Ord. 2039, 5/21/2024)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), recycling facilities shall
be allowed subject to all the requirements of this section, which
establishes standards and procedures for the siting and operation
of various types and sizes of commercial recycling facilities, as
well as the applicable standards of this Zoning Code.
A.
Permit
Requirements. Recycling facilities are subject to the permit review
requirements specified in Article 2 (Zones, Allowable Uses, and Development
Standards), provided all the following standards are met, as applicable.
B.
Development
and Operating Standards. Recycling facilities shall comply with all
the following standards, as applicable:
1.
Reverse
Vending Machines. Reverse vending machine(s) shall be allowed in all
commercial and manufacturing zones, subject to compliance with the
following standards:
a.
Shall be installed as accessory uses in compliance with the applicable
provisions of this Zoning Code, and shall not require additional parking;
b.
If located inside of a structure, shall be placed within 30 feet
of the entrance and shall not obstruct pedestrian circulation;
c.
If located outside of a structure, shall not occupy required parking
spaces, and shall be constructed of durable waterproof and rustproof
material(s);
d.
Shall not exceed 50 square feet for each installation, including
any protective enclosure, nor eight feet in height;
e.
Shall have a maximum sign area of four square feet for each machine,
exclusive of operating instructions;
f.
Shall have operating hours which are consistent with the operating
hours of the main use; and
2.
Redemption
centers.
3.
Small
Redemption Facilities. Small redemption facilities are allowed provided
all the following standards are met:
a.
Additional parking spaces shall not be required for customers of
a small redemption facility located in the established parking lot
of the main use. One space shall be provided for the at-tendant;
b.
Signs may be provided as follows:
(1)
Directional signs, consistent with Chapter 18.44 (Sign Regulations) and without advertising message, may be installed with the approval of the Director, if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way,
(2)
Signs shall be both compatible and harmonious with the character
of their location, and
(3)
Redemption facilities may have identification signs with a maximum
area of 15 percent for each side of the structure or 12 square feet,
whichever is less. In the case of a wheeled facility, the side shall
be measured from the ground to the top of the container;
c.
Any containers and site fencing shall be of a color and design to
be compatible and harmonious with the surrounding uses and neighborhood;
d.
Shall not be located within 50 feet of any parcel zoned or occupied
for residential use;
e.
Shall use containers that are constructed with durable waterproof
and rustproof material(s), secured from unauthorized removal of material,
and shall be of a capacity sufficient to accommodate materials collected
and the collection schedule;
f.
Shall not use power-driven processing equipment, except for reverse
vending machines;
g.
Shall accept only CRV glass, aluminum, or plastic containers, paper,
and other recyclable items;
h.
Shall be set back at least 10 feet from any public right-of-way,
and not obstruct pedestrian or vehicular circulation;
i.
Shall not exceed an area of 350 square feet nor three parking spaces,
not including space that would be periodically needed for the removal
of materials or exchange of containers;
j.
Use of parking spaces by the facility and by the attendant shall
not reduce available parking spaces below the minimum number required
for the main use, unless a parking study shows that existing capacity
is not fully utilized during the time the mobile recycling facility
would be on the site, subject to the approval of the Director.
4.
Large
Redemption Facilities. A redemption facility that is larger than 350
square feet, or on a separate parcel not accessory to a main use,
provided the following standards are met:
a.
The facility shall not be located within 100 feet of any parcel zoned
or occupied for residential use;
b.
The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure in compliance with Section 18.34.050 (Screening);
c.
Structure setbacks and landscaping shall be provided as required
for the zone;
d.
Exterior storage of material shall be in sturdy containers that are
secured and maintained in good condition. Storage, excluding truck
trailers, shall not be visible above the height of the required screen
or walls;
e.
The site shall be maintained clean, sanitary, and free of litter
and any other undesirable materials, and shall be cleaned of loose
debris on a daily basis;
f.
Containers provided for "after hours" donation of recyclable materials
shall be constructed of sturdy, rustproof material(s); have sufficient
capacity to accommodate materials collected; and be secured from unauthorized
entry or removal of materials; and
g.
Dust, fumes, odor, smoke, or vibration above ambient levels shall
not be detectable on adjoining parcels.
5.
Recycling
Facilities. Recycling facilities are allowed in compliance with all
of the following standards:
a.
The facility shall not be located within 100 feet any parcel zoned
or occupied for residential use;
b.
Light Recycling Facilities.
(1)
Are limited to baling, briquetting, compacting, crushing, grinding,
shredding, and sorting of source-separated recyclable materials and
repairing of reusable materials; and
(2)
Shall not exceed 45,000 square feet, may have up to an average of
two outbound truck shipments of material each day, and shall not bale,
compact, or shred ferrous metals other than beverage and food containers.
(A)
A heavy recycling facility may exceed 45,000 square feet and
exceed two outbound truck shipments each day, and may perform those
functions not allowed at light processing facilities,
(B)
Exterior storage of material shall be in sturdy containers or
enclosures that are maintained and secured in good condition. Outdoor
storage shall be separated from public rights-of-way by solid masonry
walls. Storage, excluding truck trailers, shall not be visible above
the height of the required screen or walls,
(C)
Containers provided for "after hours" donation of recyclable
materials shall be permanently located at least 100 feet away from
any parcel zoned or occupied for residential use; constructed of sturdy,
rustproof material(s); have sufficient capacity to accommodate materials
collected; and be secured from unauthorized entry or removal of the
materials, and
(D)
Dust, fumes, odor, smoke, or vibration above ambient levels
shall not be detectable on adjoining parcels.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), service stations shall
be allowed subject to the requirements of this Zoning Code and all
the following standards:
A.
New
service stations shall be located only along designated arterials
or collector streets.
B.
Minimum
parcel size shall be as specified in the development standards of
the respective zone.
C.
All
service and repair work shall be conducted entirely within an enclosed
structure, except for dispensing of petroleum products, water, vacuums,
and air from pump islands.
D.
Pump
islands shall be set back a minimum of 20 feet from a street property
line, however, a canopy or roof structure over a pump island may encroach
up to 10 feet within this distance. Additionally, the cashier location
shall provide direct visual access to the pump islands and the vehicles
parked adjacent to the islands.
E.
The
maximum number of points of ingress/egress shall be determined by
the Department of Public Works.
F.
No
vehicle may be parked on the premises for the purpose of offering
same for sale.
G.
Openings
of service bays for new service stations shall not face public rights-of-way
and shall be designed to minimize the visual intrusion onto adjoining
properties.
H.
No
used or discarded vehicle parts or equipment, or disabled, junked,
or wrecked vehicles may be in any open area outside of the main structure.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), semi-mobile food vendors
shall be allowed subject to the requirements of this Zoning Code and
all the following standards:
A.
They
shall have an Administrative Permit approved by the Director.
B.
The Administrative Permit application site plan, filed in compliance with Chapter 18.114 (Administrative Permits) shall be stamped by the County Division of Environmental Health indicating it is approved for processing before submittal to the Department.
C.
A copy
of the Administrative Permit shall be kept with the operator at all
times and shall not be transferrable to another operator.
D.
Semi-mobile
food vendors that provide service at only one site each day shall:
1.
Comply
with the development standards of the zone (i.e., setbacks paved parking,
landscaping, and signs).
2.
Provide
toilet facilities adjacent to their facilities or provide joint use
of adjacent toilet facilities with a written agreement provided to
the Department where required as a condition of the Administrative
Permit.
3.
Have
hours of operation determined in the Administrative Permit on an individual
case-by-case basis, depending on the proposed location of the vendor.
4.
Not
exceed 16 hours a day on site.
E.
Waste
water generated on site shall not be released on site or into any
storm drainage or irrigation system.
F.
There
shall be adequate solid waste and recycling receptacles provided on
site.
G.
The
site shall be maintained and left in a neat and orderly manner at
all times.
I.
A Minor Modification, rather than a new Administrative Permit, filed and approved in compliance with Section 18.114.080 (Modifications/Changes to an Approved Permit) shall be required for the change in ownership of a semi-mobile food vendor truck.
(Ord. 1976 § 2, 2019)
A.
Purpose.
The purpose of this section is to regulate the establishment and operation
of short-term rentals.
B.
Definitions.
1.
Short-Term
Rental. A single-family dwelling, or portion of a single-family dwelling,
that is rented to transient guest occupants for periods of 30 days
or less. Short-term rentals include County-approved hosted and vacation
rentals, and do not include transient lodging in County-approved hotels,
hostels, motels, and time shares.
2.
Hosted
Rental. The rental of a portion of a private residence that is concurrently
occupied by the owner or operator during the duration of the transient
renter's stay. May include, but not limited to, bed and breakfasts
and homestays.
3.
Vacation
Rental. The rental of an entire private residence that is not concurrently
occupied by the owner or an operator during the duration of the transient
renter's stay.
4.
Guest.
The overnight occupants renting the short-term rental for a specified
period of time.
5.
Operator.
The owner or the owner's authorized representative who is responsible
for compliance with the provisions of this section.
6.
Owner.
The person or entity that holds legal or equitable title to the short-term
rental.
7.
Primary
Residence. An owner's permanent residence or usual place of return
for housing as documented by at least two forms of identification.
C.
Limitations.
1.
Short-term
rentals are required to be the primary residence of the owner, as
defined under this section.
2.
Short-term
rentals shall not be permitted in any non-habitable structures, tent,
yurt, recreational vehicle (RV), or any other provision intended for
temporary occupancy. Short-term rentals shall not be permitted within
additional dwelling units, accessory dwelling units, or in any structures
or dwellings with County covenants or agreements restricting their
use, including, but not limited to, affordable housing units, agricultural
employee units, farmworker housing units, farm family units, or on
lands under Williamson Act contract.
3.
Only
one short-term rental is allowed per parcel.
4.
In
agricultural zones, a short-term rental may be allowed on a parcel
with an existing conforming agricultural tourism commercial enterprise
approved by a Conditional Use Permit, subject to the following:
a.
A short-term rental shall be located on the same legal parcel as,
and within 100 feet of the existing agricultural tourism commercial
enterprise.
b.
A short-term rental shall be incidental and subordinate to the principal
use of the agricultural tourism commercial enterprise, working farm,
ranch, or production facility.
c.
A right-to-farm certificate shall be recorded, if no certificate
exists, prior to issuance of the permit to notify subsequent occupants
and guests of the inconveniences of farming operations and the priority
to which Merced County places on such operations. All rental agreements
and interior notices shall include disclosures concerning the allowance
of agricultural uses and operations, and the potential for guests
to experience inconveniences and discomfort as a normal and necessary
aspect of living in a county with a strong rural and active agricultural
sector.
D.
Short-Term
Rental Standards and Regulations.
1.
Transient
Occupancy Tax. Short-term rental shall be subject to the Transient
Occupancy Tax and the operator shall pay in a timely manner any required
transient occupancy tax required by the County.
2.
Local
Contact. All short-term rental owners shall designate an emergency
contact person located within a 30-mile radius of the vacation rental.
The contact person shall be available 24 hours a day to respond to
questions or concerns from tenant, neighborhood, County Sheriff, and/or
Code enforcement.
3.
Guest
Registration. Guests of a short-term rental shall register upon arrival,
stating their names, current residence addresses, and the license
plate of their vehicle (excluding common carriers or charter bus).
The registration form shall be kept by the owner for a period of at
least three years and shall be made available for examination by a
representative of the Merced County Treasurer/Tax Collector upon notice.
4.
Maximum
Occupancy. A short-term rental may contain no more than five guest
rooms used for the transient occupancy of one or more guests. The
number of short-term rental guests shall be limited by the number
of bedrooms located in the single-family dwelling and may be further
limited by well and septic system requirements (if applicable).
5.
Noise.
All activities associated with the short-term rental shall meet the
General Plan noise standards contained below. Quiet hours shall be
from 10:00 p.m. to 7:00 a.m.
6.
Parking.
All guest parking shall be provided off-street, with a minimum of
one off-street parking space per rental.
7.
Trash and Recycling Facilities. Trash and solid waste removal shall comply with Chapter 18.46 (Solid Waste and Recycling Materials Storage).
8.
Septic
Systems. If the parcel is served by a septic system, the owner shall
maintain a properly functioning septic system approved by the County
Division of Environmental Health.
9.
Emergency
Access. The owner of a short-term rental located behind a locked gate
or within a gated community shall provide gate code or lock box ("Knox
Box") for exclusive use by the Sheriff and the Fire Department.
10.
Food Service. Services may include limited meals such as breakfasts,
and late-night snacks and other refreshments for self-service, and
shall be clearly secondary and incidental to the use of the property
as a residence. Food service, if provided, shall be limited to transient
guests only. Food service shall be subject to the approval and maintenance
of a restricted food service facility permit issued by the County
Division of Environmental Health.
11.
Advertisements. All advertisements and listings for the short-term
rental shall include the following information:
a.
Administrative permit number;
b.
Transient Occupancy Tax Certificate Number;
c.
Number of bedrooms and maximum occupancy;
d.
Maximum number of parking spaces;
e.
Notification that quiet hours must be observed between 10 p.m. and
7 a.m.; and
f.
Notification that commercial activities and special events, including,
but not limited to, weddings, receptions, and parties, are prohibited
unless authorized by a use permit.
12.
Rental Agreements. Once the permit for a short-term rental is approved,
a copy of the permit listing all applicable standards and limits be
included as part of all rental agreements.
13.
Notice Requirements.
a.
Exterior Notice. Each rental unit shall have a temporary exterior
identification sign, not to exceed 8 ½ x 11 inches in size,
that shall be posted as long as the unit is being rented on a transient
basis. The identification notice shall be placed in a location that
is clearly visible from the front entrance of the unit, and shall
clearly state the name and contact information of the local contact.
b.
Interior Notice. Each rental unit shall have a clearly visible and
legible notice posted within the unit, adjacent to the front door
that shall include a copy of the permit listing all applicable standards
and limits.
c.
Written Notice. Written notice shall be mailed to all owners of real
property, as shown on the latest County equalized assessment roll,
located within a radius of 300 feet of the exterior boundaries of
the parcel. The notice shall include all applicable standards and
limitations placed upon the short-term rental, the use permit number,
and the name and contact information of the designated Local Contact.
E.
Additional
Regulations for Hosted Rentals.
1.
Concurrent
Owner Occupancy. The primary owner(s) and/or operators shall remain
in residence at the hosted rental during the rental period.
2.
Events
with Use Permit. Commercial activities and special events, including,
but not limited to, weddings, receptions, and parties, may be permitted
with approval of a use permit.
3.
Amplified
Sound. No outdoor amplified sound shall be permitted, unless authorized
by a use permit.
F.
Additional
Regulations for Vacation Rentals.
1.
Limited
Operations. Vacation rentals operations shall be limited to 180 cumulative
days in a calendar year.
2.
Events with Use Permit. A maximum of three special events, including, but not limited to, weddings, receptions, and parties, per year may be permitted with approval of a Temporary Use Permit (Chapter 18.124 Temporary Use Permits) for each event.
3.
Amplified
Sound. No outdoor amplified sound shall be permitted, unless authorized
by a Temporary Use Permit.
4.
Cessation
of Use. The use of a vacation rental shall automatically expire upon
the sale or transfer of a vacation rental property.
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), a subdivision sales office
shall be allowed subject to the requirements of this Zoning Code and
all the following standards:
A.
Mobile
units used as sales offices shall be removed from the subdivision
site within 30 days following the sale of the last parcel of the subdivision
recorded by final map.
B.
A garage
used for a sales area shall be reconverted to a standard garage upon
sale of the associated dwelling unit.
C.
Temporary
improvements in the public right-of-way require an Encroachment Permit
from the Department of Public Works.
D.
A Site Plan and Design Review application shall be submitted and approved subject to Chapter 18.122 (Site Plan and Design Review) prior to construction of the subdivision sales office.
E.
Street
improvements and temporary off-street parking at a rate of four spaces
for a sales/leasing office shall be installed prior to the commencement
of sales or leasing activities.
F.
A cash
deposit of $1,000.00 shall be posted for leasing offices. All removals
or installations shall be completed within 30 days from the close
of escrow of the final initial lease.
G.
There
shall be no use of flags or banners in conjunction with the sales
or leasing office for which this permit is being issued.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), temporary events shall
be allowed subject to the requirements of this Zoning Code and all
the following standards:
A.
Garage
and Yard Sales. Residential garage or yard sales, conducted for selling
used household merchandise, are allowed for a period not to exceed
once every three months.
B.
Other Temporary Events. A temporary event, subject to the filing and approval of a Temporary Use Permit, in compliance with Chapter 18.124 (Temporary Use Permits), can be the use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of a structure(s). Temporary events may include, but are not limited to, art shows, auctions, carnivals, circuses, rodeos, religious revivals, tent camps, outdoor festivals, and concerts. In zones where allowed, temporary events shall be subject to all the following standards:
1.
Duration
of Time. Temporary events shall not be conducted for more than nine
consecutive days, or four successive weekends each year, except where
a different time limit is allowed by the Temporary Use Permit.
2.
Hours
of Operation. Daylight hours only, unless longer operation hours are
allowed by the Temporary Use Permit.
3.
Access
Required. At least one unobstructed vehicle access, a minimum of 20
feet in width from the event site to a publicly-maintained road shall
be required. Additional access points shall be provided if deemed
necessary by County Department of Public Works, Sheriff, or Fire Marshal.
4.
Fire
Protection. Fire protection and firefighting facilities shall be provided
in compliance with the requirements of the County Fire Department.
5.
Security
Protection. Private security shall be provided in compliance with
requirements of the County Sheriff. Sheriff Deputies may be assigned
to patrol the area at the Sheriff's discretion at the applicant's
expense.
6.
Parking. Subject to the Director's approval, minimum parking areas shall be provided using Chapter 18.38 (Off-Street Parking Regulations and Design Standards), as a guideline.
7.
Signs. Signs are subject to the provisions of Chapter 18.44 (Sign Regulations) for temporary signs. All signs shall meet the standards of the commercial zones and are subject to approval of the Director.
8.
Water
Supply and Sanitation. Water supply and sanitation facilities shall
be provided in compliance with the requirements of the County Division
of Environmental Health.
9.
Guarantee of Site Restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee clean-up and restoration of the site after the event, in compliance with Section 18.130.060 (Performance Guarantees).
(Ord. 1976 § 2, 2019)
A.
Purpose.
This section provides location and operational standards for establishments
that require a valid California Cigarette and Tobacco Products Retailer's
License. The provisions in this section shall apply to any business
that requires a valid California Cigarette and Tobacco Products Retailer's
License.
B.
Applicable
Provisions and Prohibitions.
1.
Prohibited
Locations. Establishments that sell tobacco products, cigarettes,
or vaping devices and supplies shall not be located within a 1,000-foot
radius of another establishment required to have a valid California
Cigarette and Tobacco Products Retailer's License or any sensitive
uses (i.e., schools, parks, youth facilities), as measured in compliance
with paragraph 2 below.
2.
Measurement
of Distance. The distance between establishment and a sensitive use
or another establishment that sells tobacco products, cigarettes,
or vaping devices and supplies shall be made in a straight line, without
regard to intervening structures or objects, from property line to
property line of the parcel on which the structure, or portion of
the structure, in which the sensitive use or another establishment
that sells tobacco products, cigarettes, or vaping devices and supplies
occurs or is located.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), vehicle dismantling facilities
and wrecking yards/junk yards shall be allowed subject to the requirements
of this Zoning Code and all the following standards:
A.
Minimum
Site Area. The minimum site area shall be two acres.
B.
Surface
Sealing Required. All open site surfaces shall be entirely sealed,
except for landscaping, subject to approval of the Director, so that
vehicles are not parked on dirt or otherwise unimproved areas.
C.
Landscaping Required. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscaping).
D.
Screening Required. All stored, damaged, or wrecked vehicles or other material shall be effectively screened by a solid eight to 12-foot-high fence or wall so as not to be visible from adjoining properties or public rights-of-way in compliance with Section 18.34.050 (Screening).
E.
Height
of Stored Materials. Storage shall not exceed the height of the fence
or wall.
F.
Service
Areas. Service access shall be located at the rear or side of structure(s).
G.
Activities
Within Boundaries. Repair activities, storage of parts, junk, or inoperable
vehicles, and vehicle loading and unloading shall only be allowed
within the boundaries of the screened area.
H.
Service
Bays. Service bays with individual access from the exterior of the
structure shall be screened from or not face the public rights-of-way.
I.
Outdoor Lighting. All on-site outdoor lighting shall be stationary and directed away from adjoining properties and public rights-of-way in compliance with Section 18.40.070 (Outdoor Lighting).
K.
Vehicle
Fluids and Liquids. All fluids and liquids shall be drained from vehicles
and disposed of in compliance with the requirements of the County
Division of Environmental Health.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), vehicle impound lots shall
be allowed subject to the requirements of this Zoning Code and all
the following standards:
|
Table 4-2
Vehicle Impound (Tow Storage) Lot Requirements
| |
|---|---|
|
Location
|
Where Allowed by Zoning
|
|
Minimum site area required
|
None
|
|
Surface
|
SC-800 penetrating oil applied at a rate of: gallon per square
foot over a minimum 4-inch-thick layer of aggregate base
|
|
Landscaping
|
Installed and permanently maintained in compliance with Chapter 18.36 (Landscaping)
|
|
Storage
|
Effectively screened so as not to be visible from adjoining property or pubic rights-of-way in compliance with Section 18.34.050 (Screening)
|
|
Service access and bays
|
Located at the rear of the structure not facing the public rights-of-way
and as far as possible from adjoining residential uses
|
|
Outdoor lighting
|
Stationary and directed away from adjoining properties and public rights-of-way in compliance with Section 18.40.070 (Outdoor Lighting).
|
|
Signs
|
Installed and permanently maintained in compliance with Chapter 18.44 (Sign Regulations)
|
|
Repair activity
|
Conducted entirely within enclosed storage areas. Outdoor hoists
are prohibited
|
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), vehicle repair facilities
shall be allowed subject to the requirements of this Zoning Code and
all the following standards:
A.
Minimum
Parcel Size. Minimum parcel size shall be as specified in the development
standards of the respective zone.
B.
All
Repairs and Storage Within a Structure. All repairs and storage of
parts, accessories, etc., shall be conducted within a fully enclosed
structure.
C.
Outside
Storage.
1.
Outside
storage of junked or wrecked vehicles shall not be allowed for more
than 30 days in a 90-day period.
E.
Outdoor Lighting. All on-site outdoor lighting shall be stationary and directed away from adjoining properties and public rights-of-way in compliance with Section 18.40.070 (Outdoor Lighting).
F.
Landscaping. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscaping).
G.
Openings
of Service Bays. Openings of service bays for new repair facilities
shall not face public rights-of-way and shall be designed to minimize
the visual intrusion onto adjoining properties.
(Ord. 1976 § 2, 2019)
In zones where allowed in compliance with Article 2 (Zones,
Allowable Uses, and Development Standards), new and/or used vehicle
sales dealerships shall be allowed subject to the requirements of
this Zoning Code and all the following standards:
A.
All
Parts Storage Within a Structure. All parts, accessories, etc., shall
be stored within a fully enclosed structure.
B.
All
Repairs and Service Within a Structure. All vehicle repair and service
work shall only occur within a fully enclosed structure. Service bays
with individual access from the exterior of the structure shall not
directly face or front on a public right-of-way.
C.
Outside Storage of Vehicles Being Repaired. Outside storage of vehicles being repaired shall be completely screened from public view in compliance with Section 18.34.050 (Screening).
D.
Outdoor Lighting. All on-site outdoor lighting shall be stationary and directed away from adjoining properties and public rights-of-way in compliance with Section 18.40.070 (Outdoor Lighting).
E.
Landscaping. All landscaping shall be installed and permanently maintained in compliance with the provisions of Chapter 18.36 (Landscaping).
F.
Loading
and Unloading of Vehicles. All loading and unloading of vehicles shall
occur on site and not in adjoining streets or alleys.
G.
Parking
and Storage of Business Vehicles. All vehicles associated with the
business shall be parked or stored on site and not in adjoining streets
or alleys.
H.
Signs. All on-site signs shall be in compliance with the provisions of Chapter 18.44 (Sign Regulations).
I.
Vehicle
Waiting Areas. New vehicle dealerships shall provide adequate on-site
vehicle waiting areas for service customers. Required parking spaces
may not be counted as vehicle waiting areas.
(Ord. 1976 § 2, 2019)
