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. 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 65852.2 and 65852.22. 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.
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, or covered parking structure 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 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.
d. The JADU complies with the requirements in Section
17.48.057.
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. Not
more than two ADUs 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.
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.
3. Rental of an ADU or JADU pursuant to subsection
D for thirty days or less is prohibited.
4. As
part of the application for a permit to create an accessory dwelling
unit connected to an onsite 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.
(Ord. 1131-17 § 9; Ord. 1145-18 § 3; Ord. 1177-20 § 4; Ord. 1195-22 §§ 2—4; Ord. 1205-24, 3/4/2024)
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:
1. The
ADU is fully detached and the JADU is within the proposed space of
a single-family dwelling or existing space of a single-family dwelling;
and
2. The
ADU does not exceed a total floor area of eight hundred square feet
and a height limitation of sixteen feet.
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)