As used in this chapter, "residential zones" means zones R-1, R-2, R-3, and R-4.
(Prior code § 3-2-B-1)
A person shall not use any premises in any residential zones except as hereinafter specifically permitted in this chapter and subject to all regulations and conditions enumerated in this chapter.
(Prior code § 3-2-B-2)
A person shall not keep or maintain any dog or cat over four months of age in any residential zone, except that for each dwelling unit the occupant may keep for personal use not more than three dogs or cats.
(Prior code § 3-2-B-3; Ord. 912-02 § 9)
Unless otherwise approved by site plan review and/or special use permit, any installation of flatwork in a front yard or in that portion of a side yard which is visible from the street shall require a permit. Such permit may be applied for by submitting a plot plan and a current photograph of the property to the community development department. The purpose of the review of the plot plan is to ensure that the proposed flatwork installation, when combined with existing flatwork, will not exceed the maximum standards for driveway width, walkway width and the amount of paving allowed in the front setback as set forth in Sections 17.72.050, 17.72.060 and 17.72.090 of this code. Permits will not be approved where proposed and existing flatwork combined would exceed any of the maximum standards in Sections 17.72.050, 17.72.060 and 17.72.090 of this code. However, permits can be issued when driveways or walkways do not meet minimum width requirements.
It is not the intent of this section to require the installation of new flatwork where driveways or walkways are narrower than the minimum standards contained in Sections 17.72.050, 17.72.060 and 17.72.090 of this code.
(Ord. 1006-07 § 2)
A.
Where a plot plan was not submitted to the community development department prior to the installation of flatwork occurring after January 3, 2008, a notice of correction may be issued by the city's municipal services division and the violator shall be given the standard number of days to bring the property into compliance. The property owner, or tenant with evidence of authorization from the owner, must submit a plot plan to the community development department indicating all dimensions of structures, driveways, setbacks, etc., on the site. If the driveway width, walkway width or the total amount paving does not exceed any of the maximum flatwork development standards, the plot plan shall be approved and a permit shall be issued.
B.
If the driveway width, walkway width or the amount paving exceeds the flatwork development standards and it was installed prior to January 3, 2008, the notice of correction will remain pending until the flatwork is brought into conformance.
C.
When a structural addition is being undertaken on a site, which addition exceeds fifty percent of the total square footage of the original dwelling unit, the owner or tenant shall obtain a flatwork permit and reduce the driveway width, walkway width or the amount paving needed to bring nonconforming flatwork into conformance with the development standards set forth in Sections 17.72.050, 17.72.060 and 17.72.090 of this code.
D.
Any flatwork installed after January 3, 2008, shall be brought into conformance with all applicable flatwork standards or the flatwork shall be removed.
E.
This section shall not be interpreted to require the addition of flatwork, the widening of driveways or walkways, or the replacement of an existing driveway with one made of decorative materials as described in Section 17.72.050. This section shall only be applied to require the removal of flatwork in excess of that authorized by this code.
(Ord. 1006-07 § 3)
A.
A fence, hedge, or wall shall not exceed six feet in height in any side or rear yard in any residential zone. Except that any property adjacent to an alley, commercially zoned property, inclusive of parking lots, railroad right-of-way and properties zoned I ("Institutional") or O ("Open Space") may have a fence not to exceed eight feet in height. Any fence exceeding six feet in height may not be constructed without a building permit. The maximum height of a solid view obscuring fence, hedge or wall located in the required front yard setback is thirty inches. Other than described in the next sentence, a fence, hedge or wall up to forty-eight inches in height is allowed within the front yard setback provided that portion over thirty inches is see-through, as defined herein, except for those fences permitted by subsection (C)(2) of this section. Fences within the front yards of properties that are on the end of a cul-du-sac with no sidewalk may have a fence, hedge or wall up to five feet provided that the portion over thirty inches is see-through as defined herein.
1.
As defined in this section, "see-through fence" means a fence whose design does not obscure sight through more than forty percent of the area in the vertical plane. The chart below shall determine the minimum distance between members. In the event that a member is between two measurements, the member width shall be rounded up to the greater measurement. Additionally, no vertical or horizontal member of a see-through fence shall exceed six inches in width.
Member Width (in inches) | Minimum Distance between Members (in inches) |
|---|---|
0.25 | 0.17 |
0.5 | 0.33 |
0.75 | 0.50 |
1 | 0.67 |
1.25 | 0.83 |
1.5 | 1.00 |
1.75 | 1.17 |
2 | 1.33 |
2.25 | 1.50 |
2.5 | 1.67 |
2.75 | 1.83 |
3 | 2.00 |
3.25 | 2.17 |
3.5 | 2.33 |
3.75 | 2.50 |
4 | 2.67 |
4.25 | 2.83 |
4.5 | 3.00 |
4.75 | 3.17 |
5 | 3.33 |
5.25 | 3.50 |
5.5 | 3.67 |
5.75 | 3.83 |
6 | 4.00 |
B.
All corner lots shall maintain for safety vision purposes a triangular area at the street intersection corner of the lot which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located fifteen feet along the front and side lot lines from their point of intersection, or, in case of a rounded lot corner, from the point of intersection of the extension of such lot lines. Within such triangular area only see-through fences are permitted.
C.
1.
The height of any fence, hedge or wall in any side or rear yard in any residential zone shall be measured at the highest natural grade within three feet of either side of the fence, hedge or wall. The fence, hedge or wall may vary in an amount not to exceed six inches to allow for variation in the topography.
2.
The height of any fence, hedge or wall in any front yard setback of a residential zone shall be measured at the grade of the adjacent public sidewalk.
Exceptions:
a.
If the property has a retaining wall in excess of eighteen inches in height, the height of the fence, hedge or wall will be measured from the highest grade being retained against the wall (see Diagram 17.48.050(a)). For the purposes of this section, a "retaining wall" is defined as a wall that supports a grade level on one side that is different from the grade level of the public sidewalk, and the grade level being retained extends evenly, or increases in height, from the retaining wall to the finish grade of the residence. Raised planters or berms do not constitute a retaining wall.
b.
If the elevation of the public sidewalk varies in elevation across the frontage of a property, the height of the fence may be measured from the highest elevation of the adjacent public sidewalk in order for the top of the fence, hedge or wall to be continuous (see Diagram 17.48.050(b)).
D.
Fence Permits Required. Unless exempted pursuant to one of the exceptions listed below, a fence/wall permit must be obtained from the community development department, before any of the following: (1) the installation, construction or erection of a new fence or wall; (2) the replacement of an existing fence or wall; or (3) an addition to an existing fence or wall. Said permit shall require payment of a fee as established by a resolution adopted by the city council, as amended from time to time. A single fence permit may be issued to include all proposed fencing being installed or replaced on the property requiring a permit.
Exceptions. No permit shall be required for:
1.
A fence or wall located outside of a required residential zone setback area if the fence or wall will not be visible from a public right-of-way;
2.
The repair or replacement of an existing fence or wall provided that all of the following conditions are met:
a.
The fence or wall is in compliance with the height limit requirement for its location on the lot,
b.
The repair or replacement of such fence or wall, within any twelve-month period, affects less than twenty-five percent of the straight line horizontal linear dimension of that segment of the fence or wall that is being repaired or replaced, and
c.
The repair or replacement of such fence or wall utilizes the same materials and style as the existing fence;
3.
Temporary construction site fencing which is required by Section 17.36.200 of this code, if a valid building permit for the subject property is on file with the city, for a period not to exceed one hundred eighty days or a shorter length of time designated by city staff after review of the type of construction at issue. The maintenance of temporary construction fencing for a period longer than the period authorized by the city is in violation of this section;
4.
Fencing used to secure abandoned or damaged structures if such fencing has been approved or required by the city;
5.
The replacement of an existing fence or wall that has been damaged or destroyed, through no fault of the owner/applicant, where the portion of the fence needing replacement or repair is less than fifty percent of the straight line horizontal linear dimension of the fence. For the purposes of this exception, "replacement" shall mean the installation of a fence or wall in place of a damaged or destroyed fence or wall or portion thereof. "Replacement" shall not mean the installation of a wall in place of a damaged or destroyed fence or the installation of a fence in place of a damaged or destroyed wall. In addition, this exception only applies when the replacement wall or fence, or portion thereof, is built using materials identical to the damaged or destroyed fence or wall.
E.
Every fence permit issued under the provisions of this code shall expire, if the work authorized by such permit is not completed within one hundred eighty days from the date of issuance of such permit.
F.
Prohibited Fences and Walls. Permits shall not be issued for walls or fences under the following circumstances:
1.
A dangerous or hazardous fence or wall, as determined by the director, or designee.
a.
No fence or wall shall contain strands of barbed or razor wire nor shall any fence or wall be constructed with any sharp or jagged glass, wood or metal, such as, but not limited to, spikes, nails, pallets, scrap lumber, plywood, corrugated metal or similar materials determined to be dangerous or hazardous by the director.
b.
No fence or wall shall be designed to function as an electrified fence or wall.
G.
Chain Link. All chain link fences shall have knuckled ends.
H.
Maintenance Standard. All fences and walls shall be in good repair and regularly maintained to ensure continued structural integrity, to provide a neat appearance, and to preserve the aesthetic character of neighboring properties.
I.
Nothing in this section is intended to alter the barrier or fence provisions governing swimming pools, spas or hot tubs.
J.
Violation of Fencing Regulations. No person shall erect, construct or maintain any fence, wall, hedge or any structure in the nature of a fence or wall which does not meet the requirements of this section. A violation of this section shall be punishable as an infraction or misdemeanor at the discretion of the prosecuting attorney or may be abated in accordance with Chapter 8.24 of this code.
 |
(Ord. 908-02 § 4; prior code § 3-2-B-4.5; Ord. 595-88 § 3; Ord. 783-95 §§ 1, 2; Ord. 908-02 § 3; Ord. 960-06 § 28; Ord. 1058-11 §§ 1—4; Ord. 1161-19 § 1)
A.
"Large family day care home" means a home which provides family day care to seven to fourteen children, inclusive of children under the age of ten years who reside at the home.
B.
Large family day care homes shall be permitted in any residential zone where the property is developed with no more than one single-family residence.
C.
"Small family day care home" means a home which provides family day care for up to eight children, inclusive of children under the age of ten years who reside at the home.
D.
The operator of a large family day care home shall keep current all required licenses and approvals from the State Department of Social Services.
E.
No smoking shall be permitted in a large family day care home during its hours of operation as a child day care facility in the areas of the facility where children are present.
F.
A large family day care home shall not be permitted unless a valid day care home occupation permit has been approved by the city.
(Prior code § 3-2-B-4.6; Ord. 615-89 § 2; Ord. 945-04 § 6)
A.
Permit Requirements. Accessory dwelling units will be permitted ministerially, subject to compliance with the objective standards and regulations for the applicable zone, in areas zoned to allow single-family or multifamily residential use within sixty days of a complete application if there is an existing single-family or multifamily dwelling on the lot, in accordance with state law, including, but not limited to, Government Code Sections 66310 et seq. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until it acts on the permit application to create the new single-family dwelling, but in such event the application to create the accessory dwelling unit or junior accessory dwelling unit will be considered without discretionary review or hearing. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located and will be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.
B.
Fees.
1.
An accessory dwelling unit will not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.
2.
No impact fees will be imposed upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. "Impact fee" does not include any connection fee or capacity charge charged by the city, except where such fees are necessary to meet utility infrastructure requirements under Section 17920.3 of the Health and Safety Code or required for an unpermitted accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU).
3.
For an accessory dwelling unit on a lot with a proposed or existing single-family dwelling, the city will not require the installation of a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.
4.
For an accessory dwelling unit that is described in Section 17.48.056(D), new or separate utility connections directly between the accessory dwelling unit and the utility are required, unless the proposed ADU will be located within an existing structure. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee will not exceed the reasonable cost of providing this service.
C.
Accessory dwelling units on a lot zoned for single-family or multifamily use that is either attached or detached from the primary structure must comply with the following requirements:
1.
The lot on which an accessory dwelling unit is located must be one in which residential uses are permitted and contain an existing or proposed single-family or multifamily dwelling.
2.
The accessory dwelling unit will be located on the same lot as the proposed or existing primary dwelling and either: (a) attached to; (b) located within the proposed or existing primary dwelling, including attached garages, storage areas or similar uses; (c) within an accessory structure; or (d) detached from the proposed or existing primary dwelling.
3.
No more than one accessory dwelling unit is permitted, except as allowed by subsection D of this section.
4.
The total area of floor space of an attached accessory dwelling unit shall not exceed either: (a) fifty percent of the existing primary dwelling living area, but in no case shall said requirement prohibit an eight hundred square foot accessory dwelling unit; or (b) eight hundred fifty square feet for a unit with one bedroom; or (c) one thousand square feet for an accessory dwelling unit that provides more than one bedroom.
5.
The total area of floor space of a detached accessory dwelling unit shall not exceed one thousand square feet for an accessory dwelling unit that provides more than one bedroom.
6.
Accessory dwelling units shall comply, without limitation, with all applicable building and safety codes as adopted by Title 15 of the Lawndale Municipal Code.
7.
No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
8.
No setback shall be required for an ADU constructed within an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU. However, a setback of four feet from the side and rear lot lines shall be required for both an accessory dwelling unit that is not converted from an existing structure and any new structure constructed in the same location and to the same dimensions as an existing structure.
9.
The ADU shall comply with the lot coverage percentage and open space requirements of the zone in which the parcel is located, except that application of this standard shall not preclude the construction of an ADU of at least eight hundred square feet with four-foot side and rear yard setbacks, in compliance with all other local development standards.
10.
An ADU will not be required to provide fire sprinklers if they are not required for the primary residence.
11.
The accessory dwelling unit shall be architecturally compatible and designed such that it matches with the design of the primary dwelling unit in terms of exterior treatment, landscaping, and architecture, including, but not limited to, roofing pitch, roofing materials, and paint color.
12.
The maximum height of an accessory dwelling unit shall be eighteen feet in height or twenty-five feet if the ADU meets the requirements set forth under Section 17.48.056(D)(2)(c).
13.
Parking requirements for accessory dwelling units shall be one parking space per accessory dwelling unit. These parking spaces may be provided as tandem parking, including on a driveway or in setback areas, excluding the non-driveway front yard setback. No parking shall be required for an accessory dwelling unit in any of the following circumstances:
a.
The accessory dwelling unit is located within one-half mile walking distance of public transit.
b.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
c.
The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
d.
On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e.
There is a car share vehicle located within one block of the accessory dwelling unit.
14.
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the city will not require that those off-street parking spaces be replaced.
15.
Other than as set forth in subsection (A)(14) above, nothing in this section shall prohibit the city from enforcing the parking requirements for the existing single-family residence or multi-family residence on the same parcel as the ADU, in a manner consistent with state law.
16.
Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, using the city's form, memorializing the following: (a) the accessory dwelling unit shall not be sold or owned separately from the primary residence, and the property shall not be subdivided in any manner which would authorize such separate sale or ownership; (b) neither the primary residence nor the accessory dwelling unit on the property may be rented for a period of less than thirty days; and (c) the accessory dwelling unit may not exceed the size and attributes described in the deed restriction. This section shall comply with any future amendments to state law.
17.
Building Separation. An accessory dwelling unit shall comply with the building separation requirements of the underlying zone including the twenty foot building separation requirement in the Single-Family Residential (R-1) zone, but in no case shall said requirement prohibit an accessory dwelling unit that is a minimum of eight hundred square feet, maximum of eighteen feet in height with four-foot side and rear yard setbacks.
18.
Landscaping. All setback areas shall be landscaped as required by Section 17.44.015 of this code.
19.
Location. An ADU of at least eight hundred square feet shall exhaust all possible scenarios and/or options before considering a proposal to locate an ADU within the front yard setback, which include the following in no particular order:
a.
ADU proposal at the rear and/or side yard of the subject lot (detached or conversion of an existing legal structure).
b.
ADU proposal within the legal enclosed area of a proposed or existing single-family residence of the subject lot.
c.
ADU proposal that is an expansion/addition of a proposed or existing singly-family residence.
d.
All applicable Lawndale Municipal Code development standards of the underlying zone must be met.
D.
Notwithstanding any other requirements of this Title 17, the city will ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
1.
One ADU per lot with a proposed or existing single-family dwelling, including dwelling units within R-2 zones (two-family residence zone) if all of the following apply:
a.
The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and not more than one hundred fifty square feet beyond the same physical dimensions of the existing accessory structure if necessary to accommodate ingress and egress.
b.
The space has exterior access separate from the proposed or existing single-family dwelling.
c.
The side and rear setbacks are sufficient for fire and safety.
2.
One detached, new construction, ADU per lot that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described above in Section 17.48.056(D)(1). The following limitations shall apply to the ADU:
a.
A total floor area limitation of eight hundred square feet.
b.
A height of eighteen feet for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height may be accommodated if a roof pitch of the accessory dwelling unit is aligned with the roof pitch of the primary dwelling unit (limited to one-story).
c.
A height limitation of twenty-five feet (two stories) or the height limitation in the underlying zoning that applies to the primary dwelling (existing or proposed two-story), whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling (existing or proposed two-story).
3.
Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The city will allow at least one ADU and up to twenty-five percent of the existing number of multifamily dwelling units.
4.
Multiple accessory dwelling units, not to exceed the number specified in subsection (D)(4)(a) or (b) below, as applicable, that are located on a lot that has an existing or proposed multifamily dwelling(s), but are detached from that multifamily dwelling. Such ADUs shall be subject to a height limit of eighteen feet and four-foot rear yard and side setbacks.
a.
On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
b.
On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
E.
The following requirements shall apply to ADUs or JADUs created pursuant to subsection D of this section:
1.
The city will not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions.
2.
The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
4.
As part of the application for a permit to create an accessory dwelling unit connected to an on-site water treatment system, a percolation test shall completed within the five years preceding the application, or, if the percolation test has been recertified, within the ten years preceding the application.
F.
Unpermitted Accessory Dwelling Unit and Junior Accessory Dwelling Unit.
1.
The city will not deny an unpermitted accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) permit application solely due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot prior to January 1, 2020, provided the condition does not present a threat to public health and safety and is not affected by the construction of the ADU or JADU.
2.
Unpermitted accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) may be denied if the city finds that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.
3.
A confidential third-party code inspection from a licensed contractor must be conducted prior to submitting an application.
(Ord. 1131-17 § 9; Ord. 1145-18 § 3; Ord. 1177-20 § 4; Ord. 1195-22 §§ 2—4; Ord. 1205-24, 3/4/2024; Ord. 1208-25, 3/3/2025)
A JADU may be located on a residential or mixed use zoned lot that has been developed with one single-family residence only. Lots with multiple detached single-family dwellings are not eligible to have JADUs. Each JADU shall comply with the following development standards:
A.
A JADU shall not exceed five hundred square feet, and must be constructed within the existing walls of the primary single-family dwelling unit.
B.
A JADU shall include a separate exterior entrance from the main entrance to the primary dwelling unit, unless if a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
C.
A JADU shall include at least an efficiency kitchen which shall include all of the following: (1) a cooking facility with appliances; and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
D.
A JADU may share sanitation facilities with the existing primary dwelling.
E.
A JADU shall require owner-occupancy in the single-family residence in which the JADU will be permitted unless the owner is another governmental agency, land trust, or housing organization.
F.
Before permit issuance, the city shall be provided with a copy of the recorded deed restriction, which shall run with the land, and which shall be on file with using the city's form, to memorialize the: (1) restrictions on the size and attributes of the JADU; (2) prohibition on the sale of the JADU separate from the sale of the primary residence; (3) if the JADU is rented, the unit shall not be rented for a period of less than thirty days; (4) requirement that either the JADU or primary residence be owner occupied unless the owner is a governmental agency, land trust, or housing corporation; and (5) including a statement that the deed restriction may be enforced against future purchasers.
G.
A JADU shall comply with all applicable building and safety codes, including, but not limited to, those describe in Title 15 of the Lawndale Municipal Code.
H.
A JADU will be allowed on the same lot with a new ADU, provided the following criteria are met:
I.
No additional parking shall be required for construction of a JADU.
J.
Permit Requirements. Junior accessory dwelling units will be permitted ministerially, subject to compliance with this section, within sixty days of a complete application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the junior accessory dwelling unit until it acts on the permit application to create the new single-family dwelling, but in such event the application to create the junior accessory dwelling unit will be considered without discretionary review or hearing.
K.
Fees. A junior accessory dwelling unit will not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards.
(Ord. 1177-20 § 5; Ord. 1178 § 2; Ord. 1195-22 § 5)