Chapter 19.08 DEFINITIONS

All words used in the present tense include the future tenses, all words in the plural number include the singular, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot," the word "building" includes the word "structure," the word "shall" is mandatory and not directory. The word "county" as used herein means the county of Amador, state of California; the words "board of supervisors" mean the board of supervisors of the county; the words "planning commission" mean the county planning commission; and the words "county boundary" mean the boundary of the county of Amador, or the boundary of any incorporated municipality within said county. (Ord. 351 §9(1), 1962).

19.08.020 Agriculture.

"Agriculture" means the art or science of cultivating the ground, including harvesting of crops and rearing and management of livestock, tillage, husbandry, farming, horticulture and forestry, the science and art of the production of plants and animals useful to man. (Ord. 351 §9(2), 1962).

19.08.030 Alley.

"Alley" means a passage or way open to public travel, affording a secondary means of vehicular access to abutting lots and not intended for general traffic circulation. (Ord. 351 §9(3), 1962).

19.08.040 Apartment.

"Apartment" means a room or suite of two or more rooms which is designed for, intended for, or occupied by one family doing its cooking therein. (Ord. 351 §9(4), 1962).

19.08.050 Auto court.

"Auto court" means a group of two or more buildings, containing guestrooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers. (Ord. 351 §9(6), 1962).

19.08.060 Automobile wrecking yards.

"Automobile wrecking yards." See Section 19.08.360, "Junk yards." (Ord. 351 §9(5), 1962).

19.08.065 Bed and breakfast inn.

"Bed and breakfast inn" is a lodginghouse providing room and breakfast to guests staying thirty days or less. (Ord. 1256 §2, 1991: Ord. 1055 §§2, 3, 1985; Ord. 1036 §4, 1985).

19.08.070 Block.

"Block" means that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided acreage, watercourse or body of water. (Ord. 351 §9(7), 1962).

19.08.080 Building.

"Building" means any structure built entirely of frame or a more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel, but not including any tent, trailer, fence or telephone booth. (Ord. 351 §9(8), 1962).

19.08.090 Building, accessory.

"Accessory building" means a subordinate building, the use of which is incidental to that of a main building on the same building site. (Ord. 351 §9(11), 1962).

19.08.100 Building height.

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof excluding chimneys, elevators, ventilation and air conditioning equipment, penthouses and parapet walls. (Ord. 351 §9(30), 1962).

19.08.110 Building, main.

"Main building" means a building in which is conducted the principal use of the building site on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the building site on which the same is situated. (Ord. 351 §9(10), 1962).

19.08.120 Building site.

"Building site" means the ground area of a building or buildings, together with all open space required by this chapter, which site has its principal frontage upon a county road or private road. (Ord. 351 §9(9)(part), 1962).

19.08.130 Building site width.

"Building site width" means the width of any building site measured at the required setback line. If no setback line exists, said width shall be measured at the frontage along the street. (Ord. 351 §9(9a), 1962).

19.08.140 Bungalow court or grouped dwellings.

"Bungalow courts" or "grouped dwellings" means a combination or group of two or more detached or semi-detached dwellings or dwelling units and their accessory buildings occupying an integrally owned building site and used for nontransient living accommodations. (Ord. 351 §9(12), 1962).

19.08.150 Camp grounds.

"Camp grounds" means land or premises which is used or intended to be used, let or rented for occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or similar quarters. (Ord. 351 §9(13), 1962).

19.08.155 Child day care facility.

"Child day care facility" is defined by California Health and Safety Code Section 1596.750. (Ord. 1739 §2(part), 2014).

19.08.156 Small family day care home.

"Small family day care home" is defined by California Health and Safety Code Section 1596.78(c). (Ord. 1739 §2(part), 2014).

19.08.157 Large family day care home.

"Large family day care home" is defined by California Health and Safety Code Section 1596.78(b). (Ord. 1739 §2(part), 2014).

19.08.158 Day care center.

"Day care center" is defined by California Health and Safety Code Section 1596.76. (Ord. 1739 §2(part), 2014).

19.08.160 Club.

"Club" means all clubs except those, the chief activity of which is a service customarily carried on as a business. (Ord. 351 §9(14), 1962).

19.08.165 Commercial.

"Commercial" is that which is made or done for compensation, monetary or otherwise. (Ord. 1256 §3, 1991).

19.08.170 Communication equipment building.

"Communication equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without personnel. (Ord. 351 §9(14a), 1962).

19.08.180 Community area.

"Community area" means an area including any existing urban development in the county and including certain fringe lands as shown on the zoning index map (as herein described). (Ord. 351 §9(15), 1962).

19.08.190 Courts.

"Courts" means an open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings. (Ord. 351 §9(16), 1962).

19.08.210 Dwelling group.

"Dwelling group" means a group of two or more detached or semidetached one family, two family, or multiple family dwellings occupying a parcel of land in one ownership and having any yard or court in common. (Ord. 351 §9(18), 1962).

19.08.220 Dwelling, multiple.

"Multiple family dwelling" means a building or portion thereof, used or designed as a residence for three or more families living independently of each other, and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including auto courts. A multiple family dwelling includes three-family and four-family dwellings as used in this Title 19. (Ord. 1514 §2, 2000: Ord. 351 §9(20), 1962).

19.08.230 Dwelling, one family.

"One family dwelling" means a detached building designed for or occupied exclusively by one family. One family dwellings are also referred to in this Title 19 as single family dwellings or single family residences. (Ord. 1514 §3, 2000: Ord. 351 §9(19), 1962).

19.08.232 Dwelling, two-family.

"Two-family dwelling" means a freestanding building, under one roof, designed for or occupied exclusively by two families living independently of each other. (Ord. 1514 §4, 2000).

19.08.234 Dwelling unit.

"Dwelling unit" means one or more habitable rooms that are occupied or that are intended or designed to be occupied by one family with facilities for living, sleeping, cooking, eating and sanitation. Dwelling units may be in one family, two family or multiple family dwellings, or they may be conventionally built homes, manufactured homes or mobile homes as defined in this title, or factory-built houses as defined in Section 19971 of the California Health and Safety Code. (Ord 1514 §5, 2000).

19.08.235 Emergency shelter.

"Emergency shelter" is defined by California Health and Safety Code Section 50801(e). (Ord. 1739 §2(part), 2014).

19.08.240 Family.

"Family" means one or more individuals living together as a single household in a single dwelling unit. "Family" shall also mean the persons living together in a licensed "community care facility" as that term is defined in the California Health and Safety Code Section 1502, as amended, which services six or fewer persons. (Ord. 1739 §2(part), 2014: Ord. 351 §9(21), 1962).

19.08.250 Farm-labor quarters.

"Farm-labor quarters" means housing for a person(s) or family in an A or AG district who is principally employed on land owned by the owner of the building site occupied by said housing. Farm-labor quarters may consist of permanent conventional housing, permanent manufactured housing, temporary mobile home housing or housing incorporated into another structure provided all such housing conforms to pertinent building codes and zoning codes with regards to size, construction and use permit conditions of approval. (Ord. 1139 §9, 1987).

19.08.251 Farm-labor camps.

"Farm-labor camps" means temporary housing for a person(s) or family in an AG district who is principally employed on land owned by the owner of the parcel occupied by said housing. Farm-labor camps may consist of temporary mobile home housing or recreational vehicles. (Ord. 1139 §10, 1987).

19.08.260 Front wall.

"Front wall" means the wall of the building or other structure nearest the street upon which the building faces. (Ord. 351 §9(23), 1962).

19.08.270 Garage or carport, private.

"Private garage or carport" means an accessory building for only the storage of private motor vehicles, a subordinate use incidental to the main building. (Ord. 351 §9(24), 1962).

19.08.280 Garage, public.

"Public garage" means any premises (except those herein defined as a private or storage garage), used for the storage and/or repair of motor vehicles or where any such vehicles are equipped for operation or repair, or kept for remuneration, hire or sale. (Ord. 351 §9(26), 1962).

19.08.290 Garage space.

"Garage space" means an accessible and usable space of ten feet by twenty feet for the parking of automobiles, such space to be located in the same area in which an accessory building may be located. (Ord. 351 §9(25), 1962).

19.08.300 Garage, storage.

"Storage garage" means any premises, except those herein defined as a private garage, used exclusively for the storage of motor vehicles. (Ord. 351 §9(27), 1962).

19.08.310 Guest house.

"Guest house" means detached living quarters of a permanent type of construction to be used temporarily or intermittently by a person or persons visiting the occupants of the main building. (Ord. 1800 §3, 2020; Ord. 956 §5, 1983).

19.08.320 Guest room.

"Guest room" means a room which is intended, arranged or designed to be occupied or which is occupied by guests, but in which no provision is made for cooking, and not including-dormitories for sleeping purposes. (Ord. 351 §9(29), 1962).

19.08.330 Hog ranch, commercial.

"Commercial hog ranch" means any premises on which hogs are raised in numbers equal to or in excess of one hundred hogs per acre. (Ord. 351 §9(31), 1962).

19.08.335 Home occupation.

"Home occupation" means an occupation which is conducted as part of a residential use and allowed in the R1, R1A, RE, A, AG and X districts and which occupation is clearly a secondary and incidental use of the property and will not change the residential character of the dwelling or neighborhood and meets the regulations and criteria specified in Section 19.48.120 of this code. (Ord. 985 §2, 1984).

19.08.340 Hotel.

"Hotel" means any building or portion thereof containing six or more guest rooms used, designed or intended to be used, let, or hired out to be occupied, or which are occupied by six or more guests, whether the compensation for hire is paid directly or indirectly. (Ord. 351 §9(32), 1962).

19.08.350 Hotel, resort.

"Resort hotel" means a hotel and accessory uses located in a building or buildings on a building site of not less than five acres. (Ord. 351 §9(33), 1962).

19.08.355 Junk.

"Junk" means any wornout, castoff, or discarded fabricated articles or materials which are stored outside of a building, which are no longer usable for the purpose on which they were made and which are ready for destruction or are being stored or collected for salvage or conversion to some other use. (Ord. 1135 §2, 1987).

19.08.360 Junkyard.

"Junkyard" means the outdoor storage or collection of more than two hundred square feet of junk on any area of any one lot or parcel whether for commercial or private use. Vehicle dismantling or wrecking operations shall be considered junkyards for the purposes of this section. Storage of more than two hundred square feet of scrap metals or other scrap materials shall be considered a junkyard. (Ord. 1135 §4, 1987).

19.08.364 Kennel, commercial.

"Commercial kennel" means any facility or parcel within or upon which five or more dogs are boarded, trained, bred, treated, or otherwise kept for remuneration or within or upon which ten or more dogs are kept, regardless whether for remuneration or not. For the purpose of applying this section, the number of dogs shall not include puppies less than six months old. (Ord. 1266 §2(part), 1991: Ord. 1229 §1, 1989).

19.08.366 Kennel, noncommercial.

"Noncommercial kennel" means any facility or parcel upon which not less than five and not more than nine dogs are kept, other than for remuneration as referred to in Section 19.08.364 above. For purposes of applying this section, the number of dogs shall not include puppies less than six months old, nor shall this section or the regulatory provisions of this code dealing with noncommercial kennels apply to parcels zoned AG--exclusive agriculture district. (Ord. 1266 §2(part), 1991: Ord. 1229 §2, 1989).

19.08.370 Labor camps.

"Labor camps" means any living quarters, dwelling, boarding house, tent, bunkhouse, maintenance-of-way car, trailer coach or other housing accommodations, maintained in connection with any work or place where work is being performed, and the premises upon which they are situated and/or the area set aside and provided for camping of five or more employees of a labor contractor. "Labor camp" also means a labor supply camp. A "labor supply camp" is defined to be any place, area or piece of land where a person engages in the business of providing sleeping places or camping grounds for five or more employees or prospective employees of another. (Ord. 351 §9(35), 1962).

19.08.375 Lodginghouse.

"Lodginghouse" is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. (Ord. 1256 §4, 1991).

19.08.380 Lot, key.

"Key lot" means a lot immediately to the rear of a corner lot where there is reversed frontage, the front line of the key lot being the prolongation of the side line of the corner lot. (Ord. 351 §9(37), 1962).

19.08.390 Lot, reverse frontage.

"Reverse frontage lot" means the first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot exclusive of the width of any alley and fronting on the street which intersects or intercepts the street upon which the corner lot fronts. (Ord. 351 §9(36), 1962).

19.08.395 Manufactured home.

"Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width and forty body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes a mobile home manufactured since July 1, 1976. (Ord. 1196 §5, 1989).

19.08.396 Mini-warehouses.

A. "Mini-warehouses" means a structure or structures erected for the purpose of leasing storage space to noncommercial lessees from the general public. Mini-warehouses shall not be used or leased for commercial retailing, commercial wholesaling, or commercial storage purposes in any manner whatsoever. With an approved use permit the storage of recreational vehicles and boats is permitted as part of a mini-warehouse facility. No other on-site, outside storage is permitted as part of a mini-warehouse operation unless allowed elsewhere in the Amador County Code. Building permits issued for mini-warehouses shall include the following improvements when deemed necessary by the chief building inspector, planning director, or public works director:

1. Encroachment permits onto a public road from the county public works department or Caltrans;

2. Fire protection measures which may include automatic sprinklers, fire hydrant(s), fire retardant roofing and siding, and adequate access for firefighting vehicles;

3. Graveled access roads or driveways to and between structures from a public maintained road and graveled entrances to stalls. Such improvements shall be to a minimum of three-inch Class II aggregate base sixteen inches wide. All construction to be done in a workmanlike manner and meet the design and improvement specifications of Chapter 17.90 of the Amador County Code;

4. Adequate structural setbacks from property lines, driveways, or roads may be required in addition to normal zoning setback requirements.

B. Appeals to any of the requirements in subdivisions 1 through 4 of subsection A of this section shall be treated as a zoning appeal. (Ord. 917 §3, 1983).

19.08.400 Mink ranch.

"Mink ranch" means any premises upon which minks are kept and maintained and any quantity thereof are usually offered for sale or are used for commercial purposes. (Ord. 351 §9(38), 1962).

19.08.405 Mobile home.

"Mobile home" means a structure that meets the requirements of Section 19.08.395 of this title. Mobile home does not include factory-built housing as defined in Section 19971 of the California Health and Safety Code or recreational vehicle as defined in this title. (Ord. 1514 §6, 2000).

19.08.406 Mobile home park.

"Mobile home park" means any area or tract of land where three or more mobile home lots or spaces are rented or leased or held out for rent or lease to accommodate mobile homes used for dwelling purposes. A mobile home park may contain a separate designated and county-approved section to be held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes. (Ord. 773 §6, 1981).

19.08.410 Motel.

"Motel." See Section 19.08.050, "Auto Court." (Ord. 351 §9(39), 1962).

19.08.420 Nonconforming building.

"Nonconforming building means a building, structure or portion thereof which does not conform to the regulations of this chapter for the district in which it is situated and which lawfully existed at the time of the adoption of this chapter. (Ord. 351 §9(40), 1962).

19.08.430 Nonconforming use.

"Nonconforming use" means a building or land occupied by a use that does not conform to the regulations as to use for the district in which it is situated. (Ord. 351 §9(41), 1962).

19.08.440 One ownership.

"One ownership" means title to land or 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. 351 §9(43), 1962).

19.08.450 Parking space.

"Parking space" means an accessible and usable space for the parking of motor vehicles off the street. (Ord. 351 §9(42), 1962).

19.08.455 Recreational vehicle.

"Recreational vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreation or emergency occupancy, which is eight feet or less in overall width and forty feet or less in overall length, or a bus conversion for human habitation. (Ord. 773 §2, 1981).

19.08.456 Recreational vehicle park.

"Recreational vehicle park" means any area or tract of land where one or more lots or spaces are rented or leased or held out for rent or lease to owners or users of recreational vehicles which are occupied for temporary purposes or seasonal use. A recreational vehicle park may allow the use of tents or other temporary camping facilities either in place of a recreational vehicle or in a separate designated area within its confines and considered as part of the number of approved lots or spaces in the park. (Ord. 773 §3, 1981).

19.08.460 Rest home.

"Rest home" means the rooming or boarding of any aged or convalescent persons, whether ambulatory or nonambulatory, for which a license is required by a county, state or federal agency. (Ord. 351 §9(45), 1962).

19.08.470 Rooming or boarding house.

"Rooming or boarding house" means a dwelling other than a hotel where a lodging and/or meals for three or more persons are provided for compensation. (Ord. 351 §9(46), 1962).

19.08.480 Setback, front.

"Front setback" means a clear distance from the front of any lot within which no building or structure may be permitted except as provided in Section 19.08.270 herein. (Ord. 351 §9(61), 1962).

19.08.490 Setback, rear.

"Rear setback" means a clear distance from the rear of any lot within which no building or structure may be permitted. (Ord. 351 §9(62), 1962).

19.08.500 Setback, side.

"Side setback" means a clear distance from the side of any lot within which no building or structure may be permitted; provided, however, accessory buildings may be permitted therein on the rear half of the lot. (Ord. 351 §9(63), 1962).

19.08.510 Sign.

"Sign" means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved or otherwise fastened, affixed or made visible for out-of-door advertising purposes in any manner whatsoever, on the ground or on any tree, wall, bush, rock, post, fence, building structure or thing whatsoever. (Ord. 351 §9(47), 1962).

19.08.520 Sign, appurtenant.

"Appurtenant sign" means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained. (Ord. 351 §9(47a), 1962).

19.08.530 Sign, outdoor advertising.

"Outdoor advertising sign" means any sign other than an appurtenant sign. (Ord. 351 §9(47b), 1962).

19.08.535 Social gathering.

"Social gathering" is a gathering of twenty-five or more unrelated persons for a reception, club event, fraternity or sorority event, party, retirement dinner or similar social event. (Ord. 1256 §5, 1991).

19.08.537 Special needs housing.

"Special needs housing" includes the following types of facilities:

A. Intermediate care facilities as defined in Health and Safety Code Sections 1250(d) and (e), as amended;

B. Residential care facilities as defined in Health and Safety Code Section 1502(a)(1), as amended;

C. Community care facilities as defined in Health and Safety Code Section 1502(a), as amended;

D. Family day care home as defined in Health and Safety Code Section 1596.78, as amended;

E. Alcoholism recovery or treatment facilities and drug abuse recovery facilities as defined in Health and Safety Code Section 11834.02, as amended;

F. Facilities for the mentally disordered, handicapped persons, or dependent and neglected children as defined in Welfare and Institutions Code Sections 5115 and 5116, as amended. (Ord. 1739 §2(part), 2014).

19.08.540 Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. (Ord. 351 §9(48), 1962).

19.08.550 Street or road.

"Street" or "road" means a right-of-way affording the principal means of access to abutting property and dedicated to or maintained by city, county or state government, or a street affording the principal means of access to abutting property and with a right-of-way or easement of at least fifty feet, and paved or otherwise improved to meet minimum county standards for a private road. (Ord. 351 §9(49), 1962).

19.08.560 Street line.

"Street line" means the boundary between a street and abutting property. (Ord. 351 §9(50), 1962).

19.08.570 Structural alterations.

"Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders. (Ord. 351 §9(53), 1962).

19.08.580 Structural walls.

"Structural walls" means any bearing wall of a building. (Ord. 351 §9(54), 1962).

19.08.590 Structure.

"Structure" means anything constructed or erected (except fences under six feet in height or telephone booths), the use of which requires location on or in the ground or attachment to something having location on or in the ground but not including any trailer court. (Ord. 351 §9(51), 1962).

19.08.600 Structure, outdoor advertising.

"Outdoor advertising structure" means any structure of any kind or character, erected or maintained for outdoor advertising sign purposes. (Ord. 351 §9(52), 1962).

19.08.610 Town.

"Town" means any incorporated or unincorporated community shown in the last census published by the United States Bureau of the Census. (Ord. 351 §9(55), 1962).

19.08.620 Transitional/supportive housing.

"Transitional/supportive housing" is defined by California Health and Safety Code Section 50801(i), as amended. (Ord. 1739 §2(part), 2014).

19.08.640 Turkey ranch, commercial.

"Commercial turkey ranch" means any premises on which turkeys are raised in numbers equal to or in excess of five hundred turkeys per acre. (Ord. 351 §9(57a), 1962).

19.08.650 Use.

"Use" means the purpose for which land or premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained. (Ord. 351 §9(58), 1962).

19.08.660 Use, accessory.

"Accessory use" means a use accessory to any permitted use and customarily a part thereof, which use is clearly incidental and secondary to the permitted use and which does not change the character thereof. (Ord. 351 §9(59), 1962).

19.08.670 Public utility substations.

"Public utility substations" means communication equipment buildings, electric distribution substations, pumps and wells of utilities, public utility offices; office or business records, administration, collections. (Ord. 351 §9(44)(part), 1962).

19.08.680 Public utility uses.

"Public utility uses" includes for foregoing and electric power transmission substations, service yards, gas holders, aerial and under ground communication lines, microwave radio relay stations and telephone booths. (Ord. 351 §9(44)(part), 1962).

19.08.685 Wedding.

"Wedding" is a marriage ceremony, with or without an accompanying wedding reception. (Ord. 1256 §6, 1991).

19.08.687 Winery.

"Winery" means an agricultural facility used for the processing (fermentation when combined with any two of the following: crushing, pressing, aging, blending or bottling) of juices into wine or the re-fermenting of still wine into sparkling wine and which is currently bonded as such by the Alcohol and Tobacco Tax and Trade Bureau and has a current California Alcohol Beverage Control winegrower’s 02 master license. (Ord. 1708 §2, 2011: Ord. 1320 §2, 1993).

19.08.690 Yard.

"Yard" means an open space other than a court on the same building site with a building, which open space is unoccupied and unobstructed from the ground upward, but not including any portion of any street or alley or road right-of-way. (Ord. 351 §9(60), 1962).