Chapter 17.08 — DEFINITIONS

Sections:

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

*** Editor's note:** Ord. 20-02, adopted Sept. 3, 2020, amended Ch. 17.08 in its entirety to read as herein set out. Former Ch. 17.08, §§ 17.08.010—17.08.610, pertained to similar subject matter, and derived from Ord. 3-83, §§ 2.1—2.254, 1983; Ord. 91-2, §§ 1—19, 1991; Ord. 98-02, 1998; Ord. 99-02, 1999; and Ord. 13-02, 2012.

For the purposes of this title certain terms are defined by this chapter. Words used in the present tense include the future; words used in the singular include plural; "shall" is mandatory and "may” is permissive. (Ord. 20-02 § 1, 2020)

Definitions of the terms used in this title are set forth in this chapter. (Ord. 20-02 § 1, 2020)

"Alley" means a public or private thoroughfare through the middle of a block giving access to the rear of abutting property. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Apartment" means any building or portion thereof which is designed and built for occupancy of four or more families. (Ord. 20-02 § 1, 2020)

"Block" means all property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. (Ord. 20-02 § 1, 2020)

"Boardinghouse" means a dwelling other than a hotel, where lodging and/or meals for three or more persons are provided for compensation. (Ord. 20-02 § 1, 2020)

"Building" means any structure having a roof supported by columns or walls and designed for the shelter or housing of any person, animal or chattel and having a fixed location upon the ground. (Ord. 20-02 § 1, 2020)

"Accessory building" means a subordinate building, including shelters of pools, the use of which is incidental to that of the main building on the same lot and/or building site on which it is situated. (Ord. 20-02 § 1, 2020)

"Main building" means a building in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Building site" means a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title, and having its principal frontage on a street, road, highway or waterway. (Ord. 20-02 § 1, 2020)

"Retail business" means the retail sale of any article, substance or commodity, within a building, but not including the sale of lumber or other building materials. (Ord. 20-02 § 1, 2020)

"Wholesale business" means the selling of commodities in large quantities, as to retailers or jobbers rather than to consumers directly, but not including the storing and/or selling of lumber or other similar building materials or the open storage and/or sale of any material or commodity and not including the processing or manufacture of any product or substance. (Ord. 20-02 § 1, 2020)

"Combining district" means any district in which the general district regulations are combined with those special districts defined in Section 17.12.010 for the purpose of adding additional special regulations. (Ord. 20-02 § 1, 2020)

"Day care center" means a nursery school for the daytime care and training of preschool children, providing care for six or more children (not including residents) on a full-time or part-time basis. (Ord. 20-02 § 1, 2020)

"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"District" means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this title. (Ord. 20-02 § 1, 2020)

"Dwelling" means a building or portion thereof designed and used exclusively for residential occupancy, including one-family, two-family, three-family dwellings, and apartments and multifamily dwellings, but not including hotels, motels or boardinghouses. (Ord. 20-02 § 1, 2020)

"Dwelling group" means a group of two or more detached or semidetached one-family, two-family or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common, but not including automobile courts. (Ord. 20-02 § 1, 2020)

"Multiple dwelling" means a building or portion thereof, used and designed as a residence for four or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including motels, boardinghouses and hotels. (Ord. 20-02 § 1, 2020)

"Single-family dwelling" means a building designed for or used to house not more than one family, including all necessary employees of such family. (Ord. 20-02 § 1, 2020)

"Two-family dwelling" or "duplex" means a building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Three-family dwelling" or "triplex" means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other, including all necessary employees of each such family. (Ord. 20-02 § 1, 2020)

"Emergency shelter" means 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. 20-02 § 1, 2020)

"Employee housing, large" means housing for employees consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household. (Ord. 20-02 § 1, 2020)

"Employee housing, small" means housing for employees consisting of six or fewer persons in a single-family dwelling. (Ord. 20-02 § 1, 2020)

"Family" means one or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants, as well as clients of group homes. (Ord. 20-02 § 1, 2020)

"Family day care home" means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

"Large family day care home" means a home that provides family day care for nine to 14 children, including children under the age of 10 years who reside at the home.

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home. (Ord. 20-02 § 1, 2020)

"Fence" means any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. (Ord. 20-02 § 1, 2020)

"Garage" or "carport" means a building accessible and designed for the storage of vehicles. The accessible area for storage shall be a minimum of 10 feet by 20 feet. "Carport" is a building having two or more open sides and a "garage" is a building having at least three enclosed sides.

A garage or carport not exceeding 600 square feet, whether or not attached to the main dwelling structure, shall be subject to the same setback requirements as the principal dwelling structure.

Any garage or carport exceeding 600 square feet and not having a common wall with the principal dwelling structure shall be subject to the requirements applicable to accessory buildings. (Ord. 20-02 § 1, 2020)

"Garage space" means an accessible and usable uncovered paved space for the parking of an automobile off the street and located on the rear one-half of the building site; such space is to be a minimum of 10 feet by 20 feet and to meet the requirements of this title for an accessory building. (Ord. 20-02 § 1, 2020)

"Group care home, large" means a privately operated residential home or facility of any capacity that provides services in a group setting to more than six persons who are in need of 24-hour-a-day care and/or supervision. (Ord. 20-02 § 1, 2020)

"Group care home, small" means a privately operated residential home or facility of any capacity that provides services in a group setting to six or less persons who are in need of 24-hour-a-day care and/or supervision. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Guesthouse" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities, and where no compensation in any form is received or paid. (Ord. 20-02 § 1, 2020)

"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 elevator equipment rooms, ventilating and air-conditioning equipment. (Ord. 20-02 § 1, 2020)

"Home occupation" means an operation conducted on the premises by the occupant of the dwelling as a secondary use in connection therewith, and where there are no advertising signs, no display, no employees in connection therewith and no mechanical equipment designed to be used in connection therein, other than that necessary or convenient for domestic purposes. (Ord. 20-02 § 1, 2020)

"Hotel" means any building or portion thereof (other than motels) containing six or more guestrooms and designed or intended to be used, or occupied, by six or more individuals for compensation. (Ord. 20-02 § 1, 2020)

"Farmworker housing" means a single-family dwelling occupied by six or fewer persons, at least one of which is an agricultural employee. (Ord. 20-02 § 1, 2020)

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site 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. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Transitional housing" means as defined in Sections 50675.2 and 50801 of the California Health and Safety Code, as follows:

Per Section 50675.2, "transitional housing" 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.

Per Section 50801, "transitional housing" means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. "Transitional housing" includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for lowincome persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing. (Ord. 20-02 § 1, 2020)

"Intermediate care facility" means a health facility that provides inpatient care to ambulatory or nonambulatory patients who have recurring need for skilled nursing supervision and need supportive care, but who do not require availability of continuous skilled nursing care. (Ord. 20-02 § 1, 2020)

"Junkyard" means the use of any lot or portion thereof for the storage of junk including scrap metals, salvage, or other scrap materials or for the dismantling or wrecking of automobiles or other vehicles, or machinery, whether for sale or storage, or where there is an accumulation of five or more such vehicles. (Ord. 20-02 § 1, 2020)

See "Building site." (Ord. 20-02 § 1, 2020)

"Front lot" means the shortest dimension on a lot fronting on a street. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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"Lot line" means a line separating the frontage from a street, the side from a street or adjoining property, the rear or side from an alley or street or adjoining property. (Ord. 20-02 § 1, 2020)

"Rear lot" means the lot boundary opposite, or approximately opposite, the lot front. (Ord. 20-02 § 1, 2020)

"Side lot" means any lot boundary not a front or rear lot line. (Ord. 20-02 § 1, 2020)

"Through lot'' means a lot having frontage on two parallel or approximately parallel (Montague Supp. No. I) streets. (Ord. 20-02 § 1, 2020)

"Motel" means a building or a group of buildings containing guestrooms or apartments designed and used primarily for the accommodation of transient automobile travelers. (Ord. 20-02 § 1, 2020)

"Nonconforming use" means a use that does not conform to the regulations for the district in which it is situated. (Ord. 20-02 § 1, 2020)

"Nursery" means a place where young trees or other plants are raised for sale, for transplanting, or for experimental purposes. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Office" means a business establishment for rendering of service or administration, but excluding retail sales. (Ord. 20-02 § 1, 2020)

"Parking space" means an accessible and usable space on the building site, or adjacent lot, at least nine feet by 20 feet, for the parking of automobiles. (Ord. 20-02 § 1, 2020)

"Person" includes any individual, city, county, or city and county, partnership, corporation, cooperative, association, trust or any other legal entity, including the state of California and the federal government. (Ord. 20-02 § 1, 2020)

"Professional office" means an office for any one of the following: accountant, architect, attorney, beauty parlor, barbershop, chiropractor, professional engineer, drafting office, collection agency, dentist, doctor, insurance office, private detective, real estate, social worker, or similar use, but not the following uses: advertising agency, contractor, pest control, pharmacy and veterinary. (Ord. 20-02 § 1, 2020)

"Rest home" means any premises licensed under Section 2300 of the Welfare and Institutions Code of the state. (Ord. 20-02 § 1, 2020)

See "Boardinghouse." (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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"Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs. (Ord. 20-02 § 1, 2020)

"Setback line" means a line established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys. (Ord. 20-02 § 1, 2020)

For the purposes of this title, the narrowest frontage of a corner lot facing the street is the "front," and the longest frontage facing the intersecting street is the "side," irrespective of the direction in which the dwelling faces. (Ord. 20-02 § 1, 2020)

"Sign" includes sign, billboard, wall sign, pole sign or other structures or devices erected for the purpose of advertising or attracting the attention of the general public. (Ord. 20-02 § 1, 2020)

"Single-room occupancy" or "SRO" means a one-room dwelling unit occupied by no more than two persons, which serves as the occupants' primary residence, and which has a minimum floor area of 150 square feet, a maximum floor area of 220 square feet, meets ADA requirements, and includes food preparation and/or sanitary facilities. (Ord. 20-02 § 1, 2020)

"Stream bed" means that portion of the floodplain through which the natural flow of water is channelized during normal drainage periods. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

"Street" means a public thoroughfare which affords principal means of access to abutting property, including "avenue," "place," "way," "drive," "lane," "boulevard," "highway," "road" and any other thoroughfare except an alley as defined in this chapter. (Ord. 20-02 § 1, 2020)

"Street line" means the boundary between a street right-of-way and property. (Ord. 20-02 § 1, 2020)

"Structural alteration" means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders. (Ord. 20-02 § 1, 2020)

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, including swimming pools, excluding driveways, patios or parking spaces. (Ord. 20-02 § 1, 2020)

"Trailer court" means land or premises used or intended to be used, let or rented for occupancy by one or more trailers, camp cars or movable dwellings, rooms or sleeping quarters of any kind, including trailer parks and mobile home parks. (Ord. 20-02 § 1, 2020)

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which either land or buildings are or may be occupied or maintained. (Ord. 20-02 § 1, 2020)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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"Accessory use" means a use incidental or subordinate to, and devoted exclusively to, the main use of a lot or a building located on the same lot. (Ord. 20-02 § 1, 2020)

"Yard" means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Chapter 17.32. (Ord. 20-02 § 1, 2020)

"Front yard" means a yard extending across the front of the lot between the side lot lines and measured from the front lot line of the lot to the nearest line of the building; provided, however, that if an official plan line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such official plan line to the nearest line of the building. (Ord. 20-02 § 1, 2020)

"Rear yard" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. (Ord. 20-02 § 1, 2020)

"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. 20-02 § 1, 2020)