Chapter 18.04 DEFINITIONS

For the purpose of this title, and when not inconsistent with the context:
A. Words used herein in the present tense include the future;
B. Words in the singular number include the plural, and words in the plural number include the singular;
C. “Occupied” includes designed or intended to be occupied;
D. “Used” includes designed or intended to be put to use;
E. “Shall” is mandatory; however, use of the word “shall” in this title is not intended to, nor shall it be deemed to, create a mandatory duty imposed by an enactment within the meaning of Government Code Section 815.6. (Ord. 525A § 2(part), 1989: Ord. 525 § 1(part), 1989).

18.04.010 Generally.

For all purposes of this zoning ordinance, certain words and phrases shall be defined as follows in this chapter. (Ord. 525 § 1(part), 1989).

18.04.015 Accessory building.

“Accessory building” means a building or portion of a building subordinate to the principal building and used for the purpose customarily incident to the permitted use of the principal building. (Ord. 525 § 1(part), 1989).

18.04.020 Accessory use.

“Accessory use” means a use of land subordinate to the principal use of the land and customarily incident to the permitted use of that land. (Ord. 525 § 1(part), 1989).

18.04.025 Agriculturally oriented services.

“Agriculturally oriented services” means those uses of land devoted to the provision of buying, selling, processing, storing, packaging, shipping and otherwise directly serving functions associated with the production of local agricultural products. Urban retail stores are not included in this definition. Urban residences are not included in this definition. Manufacturing other than the primary cleaning, sorting, packaging or conversion of local agricultural products is not included in this definition.
Welding and other forms of repair services for agricultural equipment are included in this definition. (Ord. 525 § 1(part), 1989).

18.04.030 Agriculture.

“Agriculture” means the tilling of the soil, the raising of crops, horticulture, viticulture, small livestock farming, dairying and/or animal husbandry, including all uses customarily incidental thereto but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal matter or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes. (Ord. 525 § 1(part), 1989).

18.04.035 Airport.

“Airport” means commercial operation of any area of land or water designed and set aside for the landing and taking off of aircraft, but not including private agricultural operations. (Ord. 525 § 1(part), 1989).

18.04.040 Airport elevation.

“Airport elevation” means height of the airport reference point above mean sea level as established by geometric extension from the nearest United States Geological Survey marker. (Ord. 525 § 1(part), 1989).

18.04.045 Airport reference point.

“Airport reference point” means the center of the longest runway or the point otherwise established on the official zoning map. (Ord. 525 § 1(part), 1989).

18.04.050 Airstrip.

“Airstrip” means a tract of land arranged and prepared to provide a place for landing and taking off of aircraft; not an airport. (Ord. 525 § 1(part), 1989).

18.04.055 Alley.

“Alley” means any public thoroughfare, not exceeding thirty feet in width, for the use of pedestrians and/or of vehicles which affords only a secondary means of access to abutting property. (Ord. 525 § 1(part), 1989).

18.04.060 Apartment.

“Apartment” means a suite of rooms or room in a multiple family dwelling, which suite or room is arranged, intended or designed to be occupied as a residence of a single family, individual or group of individuals. (Ord. 525 § 1(part), 1989).

18.04.065 Apartment house.

“Apartment house” means a building or portion thereof designed for and occupied by more than two families including row houses, apartment houses and apartment hotels. (Ord. 525 § 1(part), 1989).

18.04.070 Base geometric plane.

“Base geometric plane” means the plane or conic surface above which airspace is preserved in association with the several spaces of the AAO, airport/airspace overlayed districts. (Ord. 525 § 1(part), 1989).

18.04.075 Basement.

“Basement” means a space under the building having at least one-half of its height below grade. However, a basement shall be counted as a story for purposes of regulation by this title if the vertical distance from grade to the ceiling is over five feet or if the space is used for business or dwelling purposes. (Ord. 525 § 1(part), 1989).

18.04.080 Base setback line.

“Base setback line” means the edge of the public right-of-way unless otherwise designated. (Ord. 525 § 1(part), 1989).

18.04.082 Bed and breakfast establishment, multifamily residential areas.

“Bed and breakfast establishment, multifamily residential area” means a residential building in which lodging, with or without meals, is offered for compensation. The building shall contain not more than ten sleeping rooms, excluding sleeping rooms solely occupied by the owner or the owner’s employees. If meals are offered, they shall be only for those guests, the owner or employees staying on the premises. The owner of the facility shall reside on the premises. (Ord. 525-B § 1, 1992: Ord. 525 § 1(part), 1989).

18.04.083 Bed and breakfast establishment, single family residential areas.

“Bed and breakfast establishment, single family residential areas” means a residential building in which lodging, with or without meals, is offered for compensation. The building shall contain not more than three sleeping rooms, excluding sleeping rooms solely occupied by the owner, and no more than eight guests shall be allowed at any one time. The owner shall reside on-site. If meals are offered, they shall be only for guests or the owner. Limitations must be specified for appropriate signage, length of stay, fire safety requirements, parking standards, security lighting, water supply, and registration procedures to avoid adverse impacts to surrounding properties. (Ord. 525-B § 2, 1992).

18.04.085 Block.

“Block” means the land enclosed by existing, dedicated or officially mapped streets, roads, highways, railroads, canals or subdivision boundaries. (Ord. 525 § 1(part), 1989).

18.04.090 Board.

“Board” means the board of supervisors of Madera County. (Ord. 525 § 1(part), 1989).

18.04.095 Boardinghouse.

“Boardinghouse” means a building or premises where meals or meals and lodging are offered for compensation for six or more persons, but not more than twelve persons, and having no more than six sleeping rooms for this purpose. (Ord. 525 § 1(part), 1989).

18.04.100 Building.

“Building” means any structure having a roof supported by columns and/or walls and intended for the shelter, housing and/or enclosure of any person, animal or chattel. When any portion thereof is completely separated from every other portion thereof by a masonry division or fire wall without any window, door or other opening therein, which wall extends from the ground to the upper surface of the roof at every point then each such portion shall be deemed to be a separate building. (Ord. 525 § 1(part), 1989).

18.04.105 Business.

“Business” means all commercial activity except industrial. (Ord. 525 § 1(part), 1989).

18.04.110 Camper unit.

“Camper unit” means a recreational vehicle with or without motive power, designed primarily for recreational purposes, excluding manufactured homes. (Ord. 525 § 1(part), 1989).

18.04.113 Child day care facility.

“Child day care facility” means a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individuals on less than a twenty-four-hour basis. (Ord. 525-F § 1(part), 1994).

18.04.115 Commission.

“Commission” means the planning commission of Madera County. (Ord. 525 § 1(part), 1989).

18.04.120 Communications equipment building.

“Communications equipment building” means buildings housing operating electrical and mechanical equipment necessary for the conduct of a public utility communications business with or without personnel. (Ord. 525 § 1(part), 1989).

18.04.121 Communication tower/wireless communications facility.

“Communication tower/wireless communications facility” means any structure used to support a device utilized to transmit, relay and/or receive wireless communication together with the equipment and structures necessary to operate such a facility. (Ord. 525H § 1, 1999).

18.04.125 Conditional use.

“Conditional use” means a use of land, buildings or structures dependent upon exceptional circumstances al-lowed in any particular part of a zoned district by the granting of a permit. (Ord. 525 § 1(part), 1989).

18.04.127 Construction trailer/temporary contractor’s office.

“Construction trailer/temporary contractor’s office” means a temporary trailer or modular unit used during, and at the site of, a construction project for the purpose of managing and administering the construction project, for a maximum period of one year. (Ord. 525T § 1, 2006).

18.04.128 Temporary/seasonal fruit stand.

“Temporary/seasonal fruit stand” means a temporary trailer or modular unit used by the owner or tenant of an agricultural operation for the purpose of selling agricultural commodities produced or cultivated on-site and on a temporary or seasonal basis. (Ord. 525U § 1, 2006).

18.04.130 Customer service establishments.

The following businesses are included in the definition of customer service establishments:

Art and craft school and college
Artist studio
Bank or savings and loan office
Barber shop
Beauty shop

Cafe, including outdoor cafe, excluding the sale of alcoholic beverages
Clinic
Massage and physical culture studio
Medical building
Mortuary and crematorium
Newsstand and magazine store
Optician and optometrist office
Photographer
Photography studio
Private club
Reading room
Restaurant
Telegraph office
Wedding chapel
Other establishments offering personal services to people which are similar by the interpretation of the zoning administrator. (Ord. 525 § 1(part), 1989).

18.04.131 Dead-end road.

“Dead-end road” means a road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads. (Ord. 542 § 10(part), 1991).

18.04.132 Defensible space.

“Defensible space” means the area within the perimeter of a parcel, development, lot, condominium project, or planned community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter is the area encompassing the parcel or parcels proposed for construction and/or development. (Ord. 542 § 10(part), 1991).

18.04.140 District.

“District” means a portion of the county zoned for particular uses as regulated by this title. (Ord. 525 § 1(part), 1989).

18.04.145 Drilling.

“Drilling” means operations associated with the exploration for and the removal of petroleum, natural gases and soluble minerals, but not including operations for the discovery or acquisition of water. (Ord. 525 § 1(part), 1989).

18.04.150 Dwelling.

“Dwelling” means a building or portion thereof designed for or occupied for residential purposes, including single family, two family and multiple family dwellings, but not including motels, hotels or lodging houses. (Ord. 525 § 1(part), 1989).

18.04.153 Dwelling, minor second single family.

“Minor second single family dwelling” means a building or portion thereof designed for or occupied for residential purposes that meet all the following criteria:
A. The unit is an attached addition to an existing residential unit, or a detached additional single family residential dwelling on the same parcel as an existing residence;
B. The existing residence is occupied by an owner of the property, as their principal place of residence;
C. The units are located upon a parcel that is a minimum of one acre in size, and sufficient to support all necessary infrastructures such as sewage, water, and drainage for two dwelling units;
D. The unit is of similar materials, colors and design of the existing dwelling;
E. The floor space of an attached unit shall not exceed thirty percent of the original unit;
F. The floor space of a detached unit shall not exceed one thousand two hundred square feet;
G. The unit does not create or permit a third dwelling unit on the parcel; and
H. The square footage of a minor second single family dwelling shall not be included in the calculation of dwelling floor area to lot area ratio. (Ord. 525M § 1, 2003).

18.04.155 Dwelling, multiple family.

“Multiple family dwelling” means a building or portion thereof designed for and occupied by two or more families, including row houses, apartment houses, and duplexes. (Ord. 525 § 1(part), 1989).

18.04.160 Dwelling, single family.

“Single family dwelling” means a detached or semi-detached building designed for and occupied exclusively by one family. (Ord. 525 § 1(part), 1989).

18.04.165 Dwelling, two family.

“Two family dwelling” means a detached or semi-detached building designed for and occupied exclusively by two families. (A synonym is “duplex.”) (Ord. 525 § 1(part), 1989).

18.04.170 Edge of right-of-way.

“Edge of right-of-way” means the nearest boundary of the public right-of-way. (Ord. 525 § 1(part), 1989).

18.04.173 Emergency service provider.

“Emergency service provider” means any entity designated by the county as providing emergency services, including but not limited to, fire protection, paramedics, ambulance and law enforcement. This may include facilities owned and/or operated by a private enterprise engaged in provision of emergency services by means of a contract and/or franchise. (Ord. 525V § 1, 2006).

18.04.175 Family.

“Family” means the consanguine or legally related body of persons who live together in one dwelling unit as a single housekeeping entity, including necessary servants, distinguished from a group occupying a hotel, club, fraternity or sorority house. (Ord. 525 § 1(part), 1989).

18.04.180 Farm, fur.

“Fur farm” means a tract of land devoted in whole or in part to the raising of fur-bearing animals for commercial purposes. (Ord. 525 § 1(part), 1989).

18.04.185 Farm, pig.

“Pig farm” means a tract of land devoted principally to the raising of more than two pigs. (Ord. 525 § 1(part), 1989).

18.04.190 Farm, poultry.

“Poultry farm” means a tract of land devoted principally to the raising of poultry for commercial purposes. (Ord. 525 § 1(part), 1989).

18.04.191 Farm labor camp.

“Farm labor camp” means any farm employee housing serving more than twelve employees and not otherwise exempt by California State Law. (Ord. 525-F § 1(part), 1994).

18.04.195 Feedlot.

“Feedlot” means a fenced or otherwise enclosed area where more than fifty bovine animals, sheep, goats, horses, mules, swine or other similar domesticated quadrupeds are held for concentrated feeding or display preliminary to slaughtering, shipping or resale. This definition excludes dairies. (Ord. 525 § 1(part), 1989).

18.04.200 Floor area ratio.

“Floor area ratio” means the ratio, expressed as a percentage of the total floor area of buildings allowed on a given lot compared to the total area of the lot. Each floor in a multiple story building is included as floor area in these computations. (Ord. 525 § 1(part), 1989).

18.04.205 Garage, private.

“Private garage” means a residential accessory structure not less than ten feet by twenty feet for each vehicular space, for keeping private vehicles for storage only and where such use is accessory to the residential use of the property on which it is constructed. (Ord. 525S § 2, 2006: Ord. 525 § 1(part), 1989).

18.04.210 Garage, public.

“Public garage” means any commercial structure or premises other than a private garage or storage garage (as defined in this chapter) where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored for monetary gain as a business. (Ord. 525S § 3, 2006: Ord. 525 § 1(part), 1989).

18.04.215 Garage, storage.

“Storage garage” means any commercial building or premises used for the storage only of motor-driven vehicles, recreational vehicles, trailers or boats; pursuant to previous arrangements, not to transients, and where no equipment, parts, fuel, grease or oil is sold, and vehicles are not equipped, repaired, serviced, hired or sold for monetary gain as a business. (Ord. 525S § 4, 2006: Ord. 525 § 1(part), 1989).

18.04.220 General commercial establishments.

General commercial establishments are as follows:
Automobile body and fender repair
Automobile rental garage
Automobile repairing, overhauling, rebuilding and painting
Automobile upholstery and top shop
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaning
Bakery
Blacksmith shop
Boarding kennel
Bottling works
Building materials yard
Cabinet shop
Carpenter shop
Carpet and rug cleaning establishment
Cleaning plant
Cold storage plant
Contractors storage plant
Dairy products plant
Diaper laundry
Dyeing establishment
Equipment rental yard
Feed and seed store
Food locker and service
Freight forwarding terminal
Freight transit yard
Furniture warehouse and van service
General commercial establishments
Gas regulator station
Glass shop
Heating, ventilating, and air conditioning shop, including sheet metal shop
Ice house
Ice storage
Kennel
Laundry, not for self-service
Linen supply company
Lumber yard, not including the manufacture of lumber Machine shop
Machinery sales and rental
Monuments shop, sales only
Nursery and garden supply store
Outdoor advertising shop
Packing and crating service
Plumbing and sheet metal shop
Poultry shop and butcher shop
Public utility yard
Refrigeration repair shop
Repair shop
Service station
Sign shop
Small animal hospital
Storage of sand, gravel, or cement in bulk
Tire sales store
Truck and trailer sales and service
Trucking terminal
Truck parking lot
Upholstery shop
Warehouse, except those used for fuel and other flammable liquids and explosives
Welding shop
Wholesale establishments

Other commercial uses and establishments which by the interpretation of the zoning administrator are similar.
(Ord. 525 § 1(part), 1989).

18.04.225 Gravel pit.

“Gravel pit” means an area used for the removal of gravel for commercial purposes from the earth by excavating, stripping, digging or boring, or any other such process. (Ord. 525 § 1(part), 1989).

18.04.230 Grade, established.

“Established grade” means the elevation of the finished street at the centerline or curb as fixed by the road commissioner or by such authority as shall be designated by law to determine such an elevation. (Ord. 525 § 1(part), 1989).

18.04.235 Guest house.

“Guest house” means living quarters within an accessory building located on the same premises with the main dwelling, for use by temporary guests of the occupants of the premises, having no kitchen and not rented or otherwise used as a separate dwelling. (Ord. 525 § 1(part), 1989).

18.04.240 Guest ranch.

“Guest ranch” means buildings and premises offering recreational facilities for such pursuits as horseback riding, swimming, hiking or other open space uses, with living and/or dining accommodations. (Ord. 525 § 1(part), 1989).

18.04.245 Heavy industrial uses.

“Heavy industrial uses” means all those industrial and manufacturing uses not otherwise prohibited by law except the following: Manufacture of cement, lime, gypsum, or plaster of Paris, acid, explosives, fertilizer, glue, fat and bone products, or the storage of explosives, or the reduction of offal or dead animals, or the operation of stockyards or commercial slaughter houses. Other similar heavy industrial uses may be included in this definition by the interpretation of the zoning administrator. (Ord. 525 § 1(part), 1989).

18.04.250 Height of structure.

“Height of structure” means the vertical distance from the average street grade in front of the lot, or the finished grade at the building line, to the highest point of the structure. (Ord. 525 § 1(part), 1989).

18.04.255 Highway.

“Highway” means a right-of-way, designated on a comprehensive system, for the principal purpose of providing vehicular thoroughfare and not necessarily affording direct access to abutting property. (Ord. 525 § 1(part), 1989).

18.04.260 Home occupation.

“Home occupation” means a gainful occupation conducted by members of the family within its place of residence where the space used is incidental to residential use and no article is sold or offered for sale except such as is produced by such home occupation. Clinics, hospitals, barber shops, beauty parlors and animal hospitals shall not be deemed to be home occupations. (Ord. 525 § 1(part), 1989).

18.04.265 Horticulture.

“Horticulture” means the culture of, growing and cultivating of fruits, nuts, flowers and related plant material. (Ord. 525 § 1(part), 1989).

18.04.266 Hospital.

“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as offices, laboratories, education facilities, research facilities, outpatient facilities or training facilities. (Ord. 525-F § 1(part), 1994).

18.04.267 Hospital lodging facility.

“Hospital lodging facility” means a building where temporary lodging or boarding is provided to relatives of persons receiving treatment in the hospital or who are rendering services directly related to the operation of a hospital on a temporary basis during the period of occupancy. (Ord. 525-F § 1(part), 1994).

18.04.268 Hospital support facilities.

“Hospital support facilities” means all types of uses and facilities associated with the operation of a hospital, specifically including the following: administrative, business and professional offices, pharmacies, clinics, child day care facilities, residential support facilities, laboratories, philanthropic institutions, hospital lodging facilities and other similar uses by interpretation of the zoning administrator. These facilities/uses may not exist without the presence of a hospital. (Ord. 525-F § 1(part), 1994).

18.04.270 Hotel.

“Hotel” means a building in which lodging, with or without meals, is offered for compensation which shall have more than six sleeping rooms for this purpose. (Ord. 525 § 1(part), 1989).

18.04.275 Indigenous employee.

“Indigenous employee” means a person and/or his family who is employed on the premises where he lives. (Ord. 525 § 1(part), 1989).

18.04.280 Insecticide and pesticide services.

“Insecticide (and pesticide) services” means activities and the use of premises, buildings and structures for the manufacture, storage, mixing, packaging, sale or incidental use in the business of dispensing insecticides and pesticides for commercial purposes as a business. (Ord. 525 § 1(part), 1989).

18.04.285 Junkyards.

“Junkyards” means the use of more than two hundred square feet of the area of any lot for the storage or keeping of discarded household appliances, including scrap metals, abandoned vehicles, debris, tires or other scrap materials or refuse, that is outside of a completely enclosed structure or licensed landfill, dismantling or wrecking yard. (Ord. 525S § 5, 2006: Ord. 525 § 1(part), 1989).

18.04.290 Kennel, commercial.

“Commercial kennel” means an establishment where dogs or other household pets are raised, bred, boarded or cared for as a gainful occupation. (Ord. 525 § 1(part), 1989).

18.04.295 Light industrial uses.

“Light industrial uses” means those trades or industries of a restrictive character, which are not detrimental to the district or to the adjoining residential areas, by reason of appearance, noise, dust, smoke or odor, but not including any junkyard, drop forge, foundry, refinery, tannery or any similar use the normal operation of which causes objectionable noise, odor, dust or smoke to be emitted, radiated or carried beyond the boundaries of the property on which the operation is located. In addition, industrial uses, manufacturing cement, lime, gypsum, or plaster of Paris, acid, explosives, fertilizer, glue, fat and bone products, and those involved in the storage of explosives, the reduction of offal or dead animals, and the operation of stock yards and commercial slaughter of animals are similarly excluded from the definition of light industrial uses. Other similar light industrial uses may be included in this definition by interpretation of the zoning administrator. (Ord. 525 § 1(part), 1989).

18.04.300 Lodging house.

“Lodging house” means a building where lodging only is provided for compensation and having not more than six sleeping rooms for this purpose. (Ord. 525 § 1(part), 1989).

18.04.305 Lot.

“Lot” means:
A. A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder;
B. A parcel of real property delineated on an approved record of survey, parcel map, or subdivision map as filed in the office of the county recorder and abutting at least one public street or right-of-way or approved private road right-of-way; or
C. A parcel of real property containing not less area than required by the zoning district in which it is located, abutting at least one public street or right-of-way or approved private road right-of-way and held under separate ownership in accordance with all applicable local ordinances and state laws. (Ord. 525 § 1(part), 1989).

18.04.310 Lot area.

“Lot area” means the contiguous land bounded by lot lines exclusive of land provided for public thoroughfare, flood plain or canal. Such lot area shall be measured from a plan view, disregarding the geometric effects of the slope of the land. (Ord. 525 § 1(part), 1989).

18.04.315 Lot depth.

“Lot depth” means the mean horizontal distance measured between the street line and the opposing rear line or lines of the lot. Such measurement shall be from the center of the front lot line to the center of the rear lot line or other such mean points as shall be determined by the zoning administrator. (Ord. 525 § 1(part), 1989).

18.04.316 Lot frontage.

“Lot frontage” means the horizontal distance measured parallel to the roadway which provides access to the parcel or lot. The minimum lot frontage for all zoning districts, excepting PIP, PRD, PSC, PRA, AAO, SHO, MHA, POS and TPZ shall be sixty feet. Any lot or parcel proposed for creation pursuant to Title 17 shall maintain this minimum lot frontage. For lots or parcels that are extended (flag-poled) to derive access to a roadway, the depth of the extension (vertical distance measured perpendicular to the horizontal distance) can not exceed one and one-half times the lot frontage. (Ord. 542 § 10(part), 1991).

18.04.320 Lot, side.

“Side lot line” means a lot line extending from the street line toward the interior of the block and separating adjoining lots. (Ord. 525 § 1(part), 1989).

18.04.325 Lot width, minimum average.

“Minimum average lot width” means the mean horizontal distance, measured between side lot lines, perpendicular to the center line of the lot, and intercepting at a point on the center line where it divides the area of the lot in two. (Ord. 525 § 1(part), 1989).

18.04.330 Manufactured home.

“Manufactured home” means a portable permanent or semi-permanent structure without motive power, designed to be drawn by a motor vehicle, designed for permanent human habitation and containing all of the necessary facilities of a permanent dwelling.
A manufactured home is a single family dwelling unit (as defined in Section 65852 of the California Government Code). However, as a special kind of dwelling unit, it may be prohibited in some zoning districts.
A manufactured home may be installed on a foundation system. Any such foundation system must conform to state statutes and regulations. All manufactured housing installations must include skirting or enclosure of the undercarriage with a material that is structurally and aesthetically compatible with the home. (Ord. 525C § 2, 1993: Ord. 525 § 1(part), 1989).

18.04.335 Mining.

“Mining” means the removal of rock, slate, gravel, sand, topsoil or other natural minerals and material from the earth by excavating, stripping, leveling, digging or boring, or any other such process. (Ord. 525 § 1(part), 1989).

18.04.337 Mini storage.

“Mini storage” means a site or building where indoor or outdoor spaces are made available to the general public for the storage of private or commercial goods in individual secured areas. (Ord. 525O § 1, 2003).

18.04.340 Mobilehome park (manufactured housing park).

“Mobilehome park” means any area or tract of land where more than two sites are rented or leased or held out for rent or lease to accommodate mobilehomes (manufactured homes) used for human habitation. The rental paid for such homes shall be deemed to include rental for the lot it occupies. (Ord. 525 § 1(part), 1989).

18.04.345 Motel.

“Motel” means a building or series of buildings in which lodging only is offered for compensation, which may have more than six sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access, and adjoining parking, for each rental unit (restaurants, bars and places of entertainment in association with motels are not included in this definition). (Ord. 525 § 1(part), 1989).

18.04.350 Nonconforming use.

“Nonconforming use” means a building or land occupied by a use that does not conform to the regulations for the districts in which it is situated. (Ord. 525 § 1(part), 1989).

18.04.355 Offset.

“Offset” means the distance from the side or rear lot line to the nearest portion of the structure. (Ord. 525 § 1(part), 1989).

18.04.360 One-ownership.

“One-ownership” means ownership of property or possession thereof under a contract to purchase or under a lease, the term of which is not less than ten years, by a person or persons, firm, corporation or partnership, individually, jointly, in common or
in any other manner whereby such property is under single or unified control. The term owner shall be deemed to mean the person, firm, corporation or partnership exercising one ownership as herein defined. (Ord. 525 § 1(part), 1989).

18.04.380 Permanent structure.

“Permanent structure” means anything constructed or erected, the use of which requires permanent location above, on, or in the ground or attachment to something having permanent location above, on, or in the ground. (Ord. 525 § 1(part), 1989).

18.04.385 Person.

“Person” means any natural person, firm, association, partnership, trustee, corporation or other legal entity in which title to real property may vest. (Ord. 525 § 1(part), 1989).

18.04.387 Pharmacy.

“Pharmacy” means a business establishment where drugs are sold or dispensed at retail or displayed for sale at retail, the primary business of which is the compounding and dispensing of medicine according to prescriptions written by physicians, and a pharmacist who is licensed under the laws of the state of California is on duty at all times when such establishment is open for business. (Ord. 525-F § 1(part), 1994).

18.04.390 Planned development.

“Planned development” means the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures on a single or contiguous unit of property based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project. (Ord. 525 § 1(part), 1989).

18.04.395 Planning commission.

“Planning commission” means the Madera County planning commission. See also Section 18.02.060, “Zoning agency.” (Ord. 525 § 1(part), 1989).

18.04.400 Planning department.

“Planning department” means the Madera County planning department. (Ord. 525 § 1(part), 1989).

18.04.405 Principal building.

“Principal building” means the main building on a lot, intended for primary use as permitted by the regulations of the zoning district in which it is located. (Ord. 525 § 1(part), 1989).

18.04.410 Principal use.

“Principal use” means the primary use of property, buildings or structures as specified and permitted by the regulations of the zoning district in which it is located. (Ord. 525 § 1(part), 1989).

18.04.415 Private club.

“Private club” means a building or grounds used for regular or periodic meetings or gatherings of a group of persons organized for nonprofit purpose, but not groups organized to render a service customarily carried on as a business. (Ord. 525 § 1(part), 1989).

18.04.420 Professional office.

“Professional office” means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, planner, physician or similar recognized professional person. (Ord. 525 § 1(part), 1989).

18.04.421 Property, private.

“Private property” means anything that belongs absolutely to an individual person or group of persons and of which that person or persons have the exclusive right of disposition. Such property is of a specific, fixed, and tangible nature, capable of being possessed and transmitted to another, such as land and structures thereon, fixtures and improvements to the land and structures, and personal property such as vehicles and equipment. (Ord. 525S § 6, 2006).

18.04.422 Property, public.

“Public property” means anything owned by the state or any political subdivision thereof, or any city, district, agency, joint powers authority, or the federal government, and not owned by or leased to an individual person or persons, whether those persons be natural persons or artificial entities such as corporations. (Ord. 525S § 7, 2006).

18.04.425 Public buildings.

“Public buildings” means structures principally of an institutional nature and/or serving a public need such as:
Governmental buildings
Public hospitals
Public schools
Public libraries
Public museums
Post offices
Police and fire stations
Public utilities
Other public services; but not including the operation of a public bar, restaurant or recreational facility as a commercial enterprise. (Ord. 525 § 1(part), 1989).

18.04.430 Quarrying.

“Quarrying” means the removal of rock, slate, gravel, sand, top soil or other natural minerals or materials from the earth by excavating, stripping, leveling, digging or boring, or any other such process. (Ord. 525 § 1(part), 1989).

18.04.435 Rabbit farm.

“Rabbit farm” means a parcel used for holding and feeding more than twelve rabbits for commercial purposes. (Ord. 525 § 1(part), 1989).

18.04.437 Residential conversion.

“Residential conversion” means the creation of a second residential unit within an existing single family dwelling subject to the requirements set forth under Chapter 18.94. (Ord. 525 § 1(part), 1989).

18.04.438 Residential support facility.

“Residential support facility” means any facility, place or building which is maintained or operated to provide nonmedical, twenty-four-hour care and supervision for persons or immediate relatives of persons who are physically handicapped, mentally impaired, incompetent or recovering from a history of substance abuse, emotional and behavioral problems, including rehabilitation facilities, board and care homes and family care homes. (Ord. 525-F § 1(part), 1994).

18.04.440 Restaurant.

“Restaurant” means a business establishment serving food to nonresident persons for compensation. (Ord. 525 § 1(part), 1989).

18.04.445 Restricted retail sales establishments.

The following retail businesses of a restricted nature are included in this definition:
All customer service establishments
Art and antique stores
Art and craft school and college
Art gallery
Clinic
Delicatessen
Florist shop
Funeral home
Gift shop
Interior decorating shop
Medical building
Mortuary
Optician and optometrist office
Photography studio
Picture framing shop
Professional office or studio
Tobacco store
Tourist home, but not hotel or motel
Wedding chapel

Similar uses subject to the interpretation of the zoning administrator.
(Ord. 525 § 1(part), 1989).

18.04.450 Retail sales establishments.

The definition of retail sales establishments includes the following:
Apparel store
Automobile sales and service
Automobile supply store
Bakery
Bicycle shop
Billiard and pool hall
Blueprint and photostat shop
Boat sales and service store
Bookstore Cafe, including restaurant and outdoor cafe
Camera shop
Candy store
Catering shop
Clothing and costume rental establishment
Dairy product store
Delicatessen
Department store
Dressmaking shop
Drive-in restaurant
Drug store
Dry goods store
Electrical appliance store
Employment agency
Florist
Food locker
Food store
Furniture store
Hardware store
Health food store
Hobby supply store
Home furnishing store
Hotel
Household appliances and minor repair shop
Jewelry store
Leather goods and luggage store
Liquor store
Locksmith
Messenger office
Millinery shop
Motel and apartment hotel
Motorcycle and automobile parts sales rooms for new parts
Music store
Office machines and business machines store
Office supply store
Offices and office buildings other than professional and administrative offices
Paint and wallpaper store
Parcel delivery service
Pawn shop
Pet and bird store
Photographic supplies shop
Plumbing, heating and ventilating equipment showroom with floor samples only
Radio and television broadcasting studio
Radio and television store and repair shop
Secondhand store
Secretarial service establishment
Shoe repair shop
Shoe store
Soda fountain
Sporting goods store
Stamp and coin store
Stationery store
Supermarket
Tailor and dressmaker
Retail sales establishments
Taxidermist
Tea room
Telephone answering service
Telegraph office
Toy store
Travel bureau
Upholstery shop
Variety store

Other commercial activities not engaged in major repairing, wholesaling, or bulk distribution activities and which are similar by the interpretation of the zoning administrator.
(Ord. 525 § 1(part), 1989).

18.04.455 Road.

“Road” means a public or private right-of-way usually affording primary access to abutting property. (Ord. 525 § 1(part), 1989).

18.04.460 Roadside stand.

“Roadside stand” means a farm building used or intended to be used solely by the owner or tenant of the farm on which such building is located for the purpose of selling things raised on that farm. (Ord. 525 § 1(part), 1989).

18.04.465 Sand pit.

“Sand pit” means an area used for the removal of sand for commercial purposes from the earth by excavating, stripping, digging or boring or any other such process. (Ord. 525 § 1(part), 1989).

18.04.470 Semi-public buildings.

“Semi-public buildings” means churches, rest homes, private hospitals and other similar buildings by interpretation of the zoning administrator. (Ord. 525 § 1(part), 1989).

18.04.475 Setback.

“Setback” means the horizontal distance between the edge of the public right-of-way and the nearest structure associated with land use on that lot. (Ord. 525 § 1(part), 1989).

18.04.480 Sewered district.

“Sewered district” means an area serviced by a public sewage disposal system. (Ord. 525 § 1(part), 1989).

18.04.485 Sign.

“Sign” means any advertising surface containing, or upon which is placed or optically projected, any name, figure, character, outline, spectacle, display, delineation, announcement, advertising, device, appliance or other thing of similar nature to attract attention outdoors, and includes all parts, portions, units, vehicles and materials composing the same, together with the frame, background, surface, support or enclosures therefor. (Ord. 525 § 1(part), 1989).

18.04.490 Small livestock farming.

“Small livestock farming” means the raising and/or keeping of more than twelve chickens, turkeys, pigeons, ducks, geese, guinea fowl or similar fowl, or any animal such as sheep, goats or other livestock, more than four cats, dogs, monkeys or exotic animals, or any fowl or animals for commercial purposes. (Ord. 525 § 1(part), 1989).

18.04.495 Stable, private.

“Private stable” means any building or premises where four (or an additional number which may be specified on the zoning permit) private draft or riding animals are kept, wherein such use is accessory to residential use of the property on which the building is located. (Ord. 525 § 1(part), 1989).

18.04.500 Stable, public.

“Public stable” means any building or premises, other than a private stable, where animals are kept, cared for, hired, sold or held for monetary gain as a business. (Ord. 525 § 1(part), 1989).

18.04.505 Story.

“Story” means that portion of a building included between the surface of a floor and the surface of the floor next above it; or, if there be no floor above it, then the space between the floor and the roof above it. A basement or cellar having one-half or more of its height aboveground is a story for purposes of height regulation. (Ord. 525 § 1(part), 1989).

18.04.510 Street.

“Street” means a public or private right-of-way usually affording primary access to abutting property. (Ord. 525 § 1(part), 1989).

18.04.515 Street, frontage.

“Frontage street” means a street contiguous and parallel to a traffic artery and affording direct vehicular access to abutting property. (Ord. 525 § 1(part), 1989).

18.04.520 Structural alterations.

“Structural alterations” means any change in the supporting members of a building or any substantial change in the roof structure or in the exterior walls. (Ord. 525 § 1(part), 1989).

18.04.525 Structures.

A. Structure, Generally. “Structure” means anything constructed, erected or buried, the use of which requires permanent location on, in the ground, or by attachment to something having a permanent location on or in the ground. All fixed and/or nonportable structure on, beneath or above the ground, except curbings and pavements or drainage control devices on or under the ground. Mailboxes, fences, signs and outdoor advertising structures are included in the definition but mailboxes are exempt from the structure location regulations specified in each of the zoning districts contained in this title. All structures must comply with the setback requirements outlined in Sections 18.98.040 and 18.98.050 of this title and applicable building and fire codes.
B. Structure, Completely Enclosed. “Completely enclosed structure” means a structure that consists of at least three nonmovable walls, roof and permanent floor, and with one wall including an opening with attached approved door that provides a sufficiently large opening for at least one person at a time to enter and exit, and which is capable of providing complete enclosure of the interior. For completely enclosed structures used as garages, as defined in this chapter, the opening and door shall be large enough to allow entry by a motor-driven vehicle. Except as otherwise provided in this chapter, only completely enclosed structures may be used for storage of abandoned, wrecked, inoperative and/or dismantled vehicles. (Ord. 525S § 8, 2006: Ord. 525 § 1(part), 1989).

18.04.530 Structure, nonconforming.

“Nonconforming structure” means a building, structure, or portion thereof lawfully existing at the time of the passage of the ordinance codified herein, but which does not conform in one or more respects to the regulations of this title. (Ord. 525 § 1(part), 1989).

18.04.535 Sustained yield forestry.

“Sustained yield forestry” means the management of forested lands to provide annual or periodic crops of forest products. (Ord. 525 § 1(part), 1989).

18.04.540 Temporary structure.

“Temporary structure” means a movable structure, not designed for human habitation or occupancy, but for the temporary protection of goods or chattels during a period of construction but not to exceed one year; for the enclosure or screening of goods or property as an accessory building to an authorized use not to exceed one year; or for the display of signs and advertising for such a time as specified on a conditional use permit. (Ord. 525 § 1(part), 1989).

18.04.545 Tent camp.

“Tent camp” means an area or tract of land or a designated section within a travel trailer park or mobilehome park where one or more lots or sites are rented or leased or held out for rent or lease to owners or users of tents or other forms of outdoor camping other than those listed under the definitions of mobilehome, park and travel trailer park. (Ord. 525 § 1(part), 1989).

18.04.550 Tourist home.

“Tourist home” means a building in which lodging with or without meals is offered to transient guests for compensation and having no more than six sleeping rooms for this purpose with no cooking facilities in any such individual room or apartment. (Ord. 525 § 1(part), 1989).

18.04.555 Travel trailer park.

“Travel trailer park” means an area or tract of land or a designated section within a mobilehome park where one or more lots or sites are rented or leased or held out for rent or lease to owners or users of travel trailers, camper units used for travel or recreational purposes. (Ord. 525 § 1(part), 1989).

18.04.556 Vehicles.

A. Vehicle, Abandoned. “Abandoned vehicle” means any vehicle that is wrecked, dismantled, inoperative, and/or cannot be legally operated on public ways because of lack of a license, and which is left on a highway, public or private property, exterior of a completely enclosed structure or at a lawful dismantling or wrecking yard, in such wrecked, dismantled, inoperative and/or unlicensed condition that the owner’s intent to relinquish all further rights or interest in it may be reasonably concluded.
B. Vehicle, Dismantled. “Dismantled vehicle” means any vehicle that is partially or completely disassembled.
C. Vehicle, Inoperative. “Inoperative vehicle” means any motor-driven vehicle that, upon demand, cannot be started and moved a minimum of two hundred feet forward and one hundred feet backward under its own power. “Inoperative vehicle” shall also mean any vehicle that is listed with the California Department of Motor Vehicles under “planned non-operation” status, as provided by the California Vehicle Code.
D. Vehicle, Wrecked. “Wrecked vehicle” means any vehicle that is damaged to such an extent that it cannot be operated upon the highway, public or private property, regardless of licensing status.
E. Vehicle, Public Nuisance. “Public nuisance vehicle” means any vehicle or a portion of a vehicle that is abandoned, wrecked, dismantled or inoperative and that is on public or private property, not including highways or the interior of a completely enclosed structure or lawful dismantling or wrecking yard, and that is a public nuisance by creating a condition that is offensive to the senses, or obstructs the free use of public property, or promotes blight and deterioration, or otherwise jeopardizes health, safety, and general welfare of the public or a considerable number of persons. (Ord. 525S § 9, 2006).

18.04.560 Vision setback.

“Vision setback” means a space unoccupied by visual obstructions. (Ord. 525 § 1(part), 1989).

18.04.565 Visual obstruction.

“Visual obstruction” means any fence, hedge, tree, shrub, wall, structure or other form of permanent or semi-permanent object exceeding three feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in vehicles on said streets, alleys or driveways. (Ord. 525 § 1(part), 1989).

18.04 570 Yard, front.

“Front yard” means a yard extending across the front of the lot between the inner side yard lot lines and lying between the front line of the lot and the nearest line of the building. (Ord. 525 § 1(part), 1989).

18.04.575 Yard, rear.

“Rear yard” means a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building. (Ord. 525 § 1(part), 1989).

18.04.580 Yard, side.

“Side yard” means a yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. (Ord. 525 § 1(part), 1989).

18.04.582 Wrecking or dismantling yard.

“Wrecking or dismantling yard” means an approved commercial or industrial structure and zoned premise used for storage and/or dismantling of abandoned, wrecked, dismantled or inoperable vehicles, including commercial and recreational vehicles, trailers, boats and motorcycles. All wrecking or dismantling yards shall, at a minimum, be enclosed by an eight-foot high solid wall, with secured openings, appropriate lighting, and concrete surface, and shall have approved means of catching and disposing of all waste generated on-site. (Ord. 525S § 10, 2006).

18.04.585 Zoning administrator.

See Section 18.02.050, Zoning administrator.
(Ord. 525 § 1(part), 1989).

18.04.590 Zoning agency.

See Section 18.02.060, Zoning agency.
(Ord. 525 § 1(part), 1989).

<< previous | next >>