Madera County, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy required
- 3+ years before conversion
- Zone
- RUS district only
- Floor-area increase cap
- 10% of existing living area
- Unit may be
- Rented, never sold
- State law
- May override this condition
Summary
Madera County's older second-unit conversion pathway requires three years of owner-occupancy before converting part of a home into a rentable second unit, though current state ADU law limits such conditions.
In the residential, urban, single family (RUS) district, subject to the following: A. The unit is not for sale, but may be rented; B. The lot contains an existing single family detached unit owned and occupied by the applicant as his or her principal residence for a minimum of three years prior to the conversion application and which the applicant will continue to occupy as his or her principal residence;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52).
Full Breakdown
Section 18.94.140 lets a residential urban single-family (RUS) parcel add a second unit attached to and located within the living area of the existing home, but only where the applicant has owned and occupied the house as a principal residence for at least three years before applying and will keep occupying it afterward. The added unit cannot be sold, floor-area growth is capped at ten percent of the existing living area, and construction must match the home's design. This is the county's pre-2017 'second unit' ordinance; California's current accessory dwelling unit law (Gov. Code §§ 66310-66342) overrides local owner-occupancy mandates for most standard ADUs, so this three-year condition is enforceable only to the extent it survives state preemption.
Violations & Fines
Selling the second unit, or converting one without meeting the three-year owner-occupancy history, voids the conditional approval and is enforceable as a zoning violation under Chapter 18.112.
Frequently Asked Questions
Does Madera County require owner-occupancy before converting part of a home into a second unit?
Can the converted second unit be sold separately?
Sources & Official References
Other rules in Madera County
California rules heatmap·Compare Madera County to another location·View the California accessory structures overview
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