McFarland Municipal Code Ch. 17.04 Purpose and Definitions

The ordinance codified in this title, the official land use zoning ordinance for the city is adopted and established to serve the public health, safety, comfort, convenience and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources, and to encourage, guide and provide a definite plan for the future growth and development of the city.

(Ord. 109 § 1.00, 1969)

A. The ordinance codified in this title shall be known as the "Land Use Zoning Ordinance" of the city.

B. For the purposes of this title, certain terms and words are defined as provided in this chapter.

C. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number and words in the plural number include the singular number, and the masculine includes the feminine. The word "shall" is always mandatory and not merely directory.

(Ord. 109 § 2.00, 1969)

"Accessory use" means a use naturally and normally incidental to, subordinate to and devoted exclusively to the main use of the premises.

(Ord. 109 § 2.01, 1969)

"Accessory building" means a detached, subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

(Ord. 109 § 2.02, 1969)

"Alley" means a public way permanently reserved as a secondary means of access to abutting property.

(Ord. 109 § 2.03, 1969)

"Amusement machine" means any mechanical, electrical, electronic or other machine, apparatus, contrivance or device, which may be operated or played by the placing or deposit therein of a coin, check, slug, ball, token, card or other article, or by paying for the use thereof in advance or after use, involving in its operation or play either skill or chance, including but not limited to pinball machines, bowling game machines, shuffleboard machines, marble game machines, video game machines, or any other similar machine or device. The term "amusement machine" does not include phonographs, juke boxes or other music machines.

(Ord. 191 § 1(part), 1982: Ord. 109 § 2.76, 1969)

"Apartment house" means a building, or portion thereof, designed for or occupied by three or more families living independently of each other.

(Ord. 109 § 2.04, 1969)

"Arcade" means any business with a fixed place of business which maintains on the business premises four or more amusement machines for use and play by the public generally or by patrons of such business, whether the business of arcade is conducted as a single business or in conjunction with another business.

(Ord. 191 § 1(part), 1982: Ord. 109 § 2.77, 1969)

"Automobile service station" means a service station which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting, body work and steam cleaning.

(Ord. 109 § 2.05, 1969)

"Bar" means a structure, or part of a structure, used primarily for the sale of dispensing of liquor by the drink.

(Ord. No. 0004-2023, § 3, 5-11-23)

"Bed and breakfast inn" means a structure or structures which contain a maximum of five individual sleeping or living units which are rented out to the transient public and in which meals are served to guests.

(Ord. No. 0004-2023, § 3, 5-11-23)

Editor's note— Ord. No. 0004-2023, § 3, adopted May 11, 2023, set out provisions intended for use as § 17.04.105. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.04.098.

"Boarding and rooming house" means a building or portion thereof which is used to accommodate, for compensation, five or more boarders or roomers, not including members of the occupant's immediate family who might be occupying such building. The word "compensation" includes compensation in money, services or other things of value.

(Ord. 109 § 2.06, 1969)

"Building" means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or property of any kind.

(Ord. 109 § 2.07, 1969)

"Building height" means the vertical distance from the grade to the the highest point of the structure.

(Ord. 109 § 2.08, 1969)

"Building site" means the ground area of a building or a group of buildings together with all open spaces as required by this title.

(Ord. 109 § 2.09, 1969)

"Bungalow court" means a group of three or more detached, one-story, one-family or two-family dwellings located upon a single lot, together with all open spaces as required by this title, but not including motels.

(Ord. 109 § 2.10, 1969)

"Camp car" means a motor vehicle which is designed or permanently altered and equipped for human habitation, and is subject to the provisions applicable to a travel trailer.

(Ord. 109 § 2.11, 1969)

"Camper" or "pick-up camper coach" means a shelter or structure designed to be mounted on a motor vehicle, to provide facilities for human habitation or camping purposes and which is subject to the provisions applicable to a travel trailer.

(Ord. 109 § 2.12, 1969)

"Camping trailer" means a trailer with one or more wheels containing a disassembled temporary shelter, which is designed for human habitation and is subject to the provisions applicable to a travel trailer.

(Ord. 109 § 2.13, 1969)

"Carport" means a permanent, roofed structure with not more than two enclosed sides and which is used or intended to be used for automobile shelters and storage.

(Ord. 109 § 2.14, 1969)

"Church" means a building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

(Ord. 109 § 2.15, 1969)

"Club" means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized primarily to render a service carried on as a business.

(Ord. 109 § 2.16, 1969)

"Colony" means a group of bees with one queen kept in a standard California-type hive, measuring twenty inches by sixteen and one-fourth inches by nine and five-eighths inches.

(Ord. 179 § 1, 1979)

"Dwelling" means a building or portion thereof designed for or occupied for residential purposes, including one-family, two-family and multiple dwellings, but not including hotels, motels, boarding and lodging houses and trailers.

(Ord. 109 § 2.17, 1969)

"One-family dwelling" means a detached building designed for or occupied exclusively by one family.

(Ord. 109 § 2.18, 1969)

"Two-family dwelling" means a detached building designed for or occupied exclusively by two families living independently of each other.

(Ord. 109 § 2.19, 1969)

"Dwelling group" means a combination or arrangement of dwellings on one building site.

(Ord. 109 § 2.20, 1969)

"Multiple-family dwelling" means a building or portion thereof, designed for or occupied by three or more families living independently of each other.

(Ord. 109 § 2.21, 1969)

"Dwelling unit" means one or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one family for living or sleeping purposes and having not more than one kitchen.

(Ord. 109 § 2.22, 1969)

"Educational institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.

(Ord. 109 § 2.23, 1969)

Emergency shelter (per Health and Safety Code 50801): housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Ord. No. 042-2014, § 1, 2-12-15)

"Family" means an individual, or two or more persons related by blood or marriage or legal adoption living together in a dwelling unit or six or fewer related or unrelated persons living together.

(Ord. 109 § 2.24, 1969)

(Ord. No. 008-2011, § 1(B), 4-14-11; Ord. No. 030-2013, § 1, 4-11-13)

"Private garage" means a building or portion of a building in which motor vehicles used by the occupants or tenants of the main building or buildings of the premises are stored or kept.

(Ord. 109 § 2.25, 1969)

"Public garage" means a building other than a private garage, used for the care, repair or equipment of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

(Ord. 109 § 2.26, 1969)

"Grade" (or "ground level") means the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

(Ord. 109 § 2.27, 1969)

"Hog ranch" means any premises used for the commercial raising of hogs that are fed garbage secured from off the premises.

(Ord. 109 § 2.28, 1969)

"Home occupation" means an occupation carried on by the residents of a dwelling as a secondary use.

(Ord. 109 § 2.29, 1969)

(Ord. No. 0003-2022, § 2, 2-10-22)

"Home occupation permit" is a permit authorizing the operation of a specified home-based occupation. It is administered through the community development department as promulgated in municipal code Section 17.153.060. The permit may be revoked if activity is not consistent with all the terms and conditions of all the zoning approvals and approved plans granted by the city.

(Ord. 109 § 2.30, 1969)

(Ord. No. 0003-2022, § 32, 2-10-22)

"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums.

(Ord. 109 § 2.31, 1969)

"Hotel" means a building designed for, or occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which there are six or more guest rooms, and in which no provision is made for cooking in any individual room or suite.

(Ord. 109 § 2.32, 1969)

"Lot" means a parcel of real property with a separate and distinct number of letters as shown on a plat recorded or filed with the recorder of Kern County, or a parcel of real property abutting upon at least one public street or private easement and held under separate ownership prior to the effective date of the ordinance codified in this title.

(Ord. 109 § 2.33, 1969)

"Lot area" means the total horizontal area within the lot lines of a lot.

(Ord. 109 § 2.34, 1969)

"Corner lot" means a lot situated at the intersection of two or more streets having an angle of intersection of not more than one hundred thirty-five degrees.

(Ord. 109 § 2.35, 1969)

"Interior lot" means a lot other than a corner lot.

(Ord. 109 § 2.36, 1969)

"Key lot" means the first lot to the rear of a reversed corner lot, whether or not separated by an alley.

(Ord. 109 § 2.37, 1969)

"Reversed corner lot" means a corner lot whose side street line is substantially a continuation of the front lot lines of the first lot to its rear.

(Ord. 109 § 2.38, 1969)

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. 109 § 2.39, 1969)

"Front lot line" means the property line dividing a lot from a street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front lot line.

(Ord. 109 § 2.40, 1969)

"Rear lot line" means the line opposite the front lot line.

(Ord. 109 § 2.41, 1969)

"Side lot line" means any lot lines other than front lot lines or rear lot lines.

(Ord. 109 § 2.42, 1969)

"Massage therapy" means a type of integrative medicine in which a licensed massage therapist rubs and kneads skin, muscles, tendons, and ligaments.

(Ord. No. 0004-2023, § 3, 5-11-23)

Editor's note— Ord. No. 075-2017, § 5, adopted November 9, 2017, repealed § 17.04.476, which pertained to marijuana dispensary and derived from Ord. No. 063-2017, adopted January 27, 2017 and Ord. No. 064-2017, adopted February 9, 2017.

"Mobile home" means a large independent trailer coach or a prefabricated dwelling with wheels attached, which is of such size that it is conveyable over the highway system only with special motorized equipment, special permits and a special driver's license. A mobile home is usually larger in size than eight feet by forty feet, and contains all the basic facilities of a dwelling unit, including one or more rooms for living or sleeping purposes, one kitchen and one or more bathrooms with a toilet, a bathtub or shower, and a lavatory, and can perform the functions of a dwelling unit when connected to the utilities on a mobile home site. The mobile home can be a single, expandable or multiple coach unit.

(Ord. 109 § 2.43, 1969)

"Cabana mobile home" means any portable, demountable or permanent accessory building or other enclosure erected or constructed on a mobile home lot within six feet of a mobile home on the same lot and used for human habitation, which though not attached to the mobile home, is considered part of the mobile home unit for dimensional purposes, and which shall not contain a kitchen or other space for the preparation of food nor be used for sleeping purposes. The height of the cabana shall not exceed one story or thirteen feet.

(Ord. 109 § 2.44, 1969)

"Mobile home lot" means any lot within a mobile home park for the accommodation of one mobile home. It shall include a mobile home site and surrounding area with accessory buildings or structures and at least two parking spaces.

(Ord. 109 § 2.45, 1969)

"Mobile home park" means any area or tract of land where one or more mobile home lots are rented or held out for rent in compliance with all requirements set forth by city and state law.

(Ord. 109 § 2.46, 1969)

"Mobile home site" means the area occupied by a mobile home unit.

(Ord. 109 § 2.47, 1969)

"Mobile home space" means a concrete surfaced area or concrete slab on a mobile home site for the placement or parking of a mobile home with free ingress and egress at all times, which concrete slab shall be placed upon well graded land, extend not less than two inches above the surrounding ground level and be of a size not less than two feet longer and two feet wider than the mobile home that is to be placed upon it.

(Ord. 109 § 2.48, 1969)

"Mobile home unit" means a mobile home in a mobile home space and its accessory cabana or utility structure, including the utility connections in a concrete utility island, which together provide complete housekeeping facilities for one family.

(Ord. 109 § 2.49, 1969)

Editor's note— Ord. No. 075-2017, § 5, adopted November 9, 2017, repealed § 17.04.545, which pertained to mobile marijuana dispensary and derived from Ord. No. 063-2017, adopted January 27, 2017 and Ord. No. 064-2017, adopted February 9, 2017.

"Motel" means a group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients with garage or parking space conveniently located to each unit, including tourist courts, auto courts or motor lodges.

(Ord. 109 § 2.50, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.04.560, which pertained to nonconforming building and derived from Ord. 109 § 2.51, adopted in 1969.

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.04.570, which pertained to nonconforming use and derived from Ord. 109 § 2.52, adopted in 1969.

"Occupied" includes arranged, designed, built, altered, converted, rented or leased or intended to be occupied.

(Ord. 109 § 2.53, 1969)

"Person" means any individual, firm, copartnership, joint venture, association, club, fraternal organization, corporation, estate, trust, receiver, organization, syndicate, city, county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

(Ord. 109 § 2.54, 1969)

"Ramada" means any roof or shade structure installed, erected or used above a mobile home and lot or any portion thereof.

(Ord. 109 § 2.55, 1969)

"Recreational trailer park" means any area or tract of land, within a designated recreation area, owned, operated and maintained by an agency of the federal, state, county or city government, where one or more travel trailers, camp car or tent camping sites are rented or held out for rent.

(Ord. 109 § 2.56, 1969)

"Elementary school" or "high school" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the state. "High schools" include junior and senior schools.

(Ord. 109 § 2.57, 1969)

"Secondary residential unit" means either a detached or attached dwelling unit which provides complete, independent living facilities designed or used for one or more related persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel or parcels as the primary unit is situated.

(Ord. 268 § 1, 1993)

"Self-service laundry" means any establishment for laundering where there is no pick-up or delivery service and no steam or hand laundry of any type.

(Ord. 109 § 2.58, 1969)

"Sign" means any outdoor advertising, whether it is in the form of a sign, cloth, paper, metal, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing or device whatsoever which is designed, intended, or used to advertise or inform by erecting, constructing, maintaining, posting, assembling, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or placing, affixing or making visible outdoor advertising on or to the ground or any tree, bush, rock, fence, post, wall, vehicle, building, structure or thing.

(Ord. 109 § 2.59, 1969)

"Single room occupancy (SRO) facility" means a cluster of seven or more units of weekly or longer tenancy providing sleeping or living facilities, in which sanitary facilities may be provided within the units, and cooking facilities may be shared. Maximum room capacity shall not exceed requirements of any applicable housing or building code(s).

(Ord. No. 042-2014, § 1, 2-12-15)

"Private stable" means a detached accessory building for the keeping of one or more horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

(Ord. 109 § 2.60, 1969)

"Public stable" means a stable other than a private stable.

(Ord. 109 § 2.61, 1969)

"Stock yard" means an enclosed area where animals are fed concentrated food prior to shipping to market or slaughtering or where animals are held for resale only.

(Ord. 109 § 2.62, 1969)

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

(Ord. 109 § 2.63, 1969)

"Half story" means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor area immediately below it.

(Ord. 109 § 2.64, 1969)

"Street" means a public thoroughfare which affords the principal means of access to abutting property.

(Ord. 109 § 2.65, 1969)

"Structure" means anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six feet in height.

(Ord. 109 § 2.66, 1969)

"Supportive housing" (per Health and Safety Code 50675.14(b)) means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing shall be allowed in all residential zones and shall be required to conform to the requirements of any residential development standards.

(Ord. No. 042-2014, § 1, 2-12-15)

"Trailer coach" means a vehicle, other than a motor vehicle designed for human habitation or human occupancy, for industrial, professional or commercial purposes, for carrying persons or property on its own structure and for being drawn by a motor vehicle. The larger sizes, over eight feet by forty feet (Vehicle Code), include the mobile home and the smaller sizes, less than eight feet by forty feet (Vehicle Code), include the travel trailers.

(Ord. 109 § 2.67, 1969)

"Trailer coach park or automobile parking space" means an enclosed and roofed or an open-air, off-street and well-surfaced area containing not less than three inches of bituminous concrete, or other surfacing of a higher type and covering an area of not less than nine feet wide and twenty feet long for placement of a motor vehicle, except trucks of more than one ton capacity, with free ingress and egress provided at all times.

(Ord. 109 § 2.69, 1969)

"Transitional housing" (per Health and Safety Code 50675.2(h)) means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing shall be allowed in all residential zones and shall be required to conform to the requirements of any residential development standards.

(Ord. No. 042-2014, § 1, 2-12-15)

"Dependent travel coach" means a trailer coach not equipped with a toilet for sewage disposal.

(Ord. 109 § 2.68, 1969)

"Travel trailer" means any trailer coach, camping trailer, camper or camp car, dependent or independent, which is used for travel or recreational purposes, and which at no time exceeds eight feet in width and forty feet in length, and for which a special permit and/or special driver's license is not required by the California Vehicle Code to move such vehicle on a public highway.

(Ord. 109 § 2.70, 1969)

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which either is or may be occupied or maintained.

(Ord. 109 § 2.71, 1969)

"Washroom" means any building which contains laundry facilities and/or bathroom facilities, but does not include kitchen facilities.

(Ord. 149 § 2, 1976: Ord. 109 § 2.71(a), 1969)

"Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

(Ord. 109 § 2.72, 1969)

"Front yard" means a yard extending across the full width of the lot between the front lot line and the nearest line or point of the main building.

(Ord. 109 § 2.73, 1969)

"Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building.

(Ord. 109 § 2.74, 1969)

"Side yard" means a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main building or of accessory building attached thereto.

(Ord. 109 § 2.75, 1969)