[Added by Ord. 141]
A. 
One or two single-family dwelling units of a permanent character placed in permanent locations, including the following accessory uses and buildings:
[Added by Ord. 468; amended by Ord. 75-7]
1. 
Accessory Dwelling Unit (ADU) as provided in Section 9302.21a and/or a Junior Accessory Dwelling Unit (JADU) as provided in Section 9302.21b. Neither an ADU nor a JADU is allowed to be constructed on an R-1 lot that has two dwelling units and that was created by a parcel map or other land division procedure that occurred on or after January 1, 2022.
[Added by Ord. 2012-1; amended by Ord. 2018-2; Ord. 2021-7]
2. 
Lath or greenhouses not used commercially.
3. 
Hobby shops not used commercially.
4. 
The keeping of such domestic animals, and in such numbers as expressly declared permissible by the City Council in resolution or ordinances, provided that the keeping of such animals shall conform to all other provisions of law governing same, and conform with all conditions imposed by ordinance or resolution. This subsection shall be construed as expressly granting permission for the keeping of the following domestic animals in conjunction with the maintenance of a single-family residence:
(a) 
Not more than two dogs over four months of age;
(b) 
Not more than two cats over four months of age;
(c) 
Not more than two horses and/or cows per acre provided that the minimum lot area is one acre and lot frontage exceeds 100 feet.
5. 
Accessory buildings not used for any habitable purpose, including but not limited to garages, workshops, storage sheds, greenhouses, patio covers, cabanas, etc.
[Amended by 2018-2]
6. 
Those birds, fowl, rabbits, fish, reptiles and wild animals authorized under Part 9 of Article IV of the Lakewood Municipal Code.
7. 
Family Day Care Homes.
[Added by Ord. 92-4]
8. 
Apiaries. An apiary for private backyard beekeeping of honeybees (Apis mellifera) with no more than four (4) hives is allowed on a lot at the rate of not more than one hive per 1,500 square feet of lot area, provided the lot has only one addressed dwelling unit. A lot with a beekeeping operation may not also have an ADU, JADU or second primary dwelling unit as otherwise allowed by state law. A site plan approved by the Community Development Director or designee is required to indicate the location and number of hives proposed and to inform a potential residential backyard beekeeper that the proposed beekeeping activities comply with all of the following:
[Added by Ord. 2024-4]
(a) 
Registration and Identification. The beekeeper shall register each hive with the Los Angeles County Agriculture Commissioner within 30 days of establishing a hive and reregister each hive annually in January of every year thereafter, pursuant to California Food and Agricultural Code Sections 29040-29056. Each beehive shall be identified with the beehive owner's name, phone number, address, and email address that is stenciled or otherwise marked permanently and attached to the hive. There shall not be more than ten (10) such registrations allowed annually citywide in any zone district.
(b) 
Hive Location. No hive shall be located within fifty (50) feet of any public street or highway, any public park, or any school (public or private). The following beehive locational standards shall apply:
(1) 
No hive shall be located in the front, side or rear yard setback areas of a lot.
(2) 
No hive shall be located within four (4) feet of any property line.
(3) 
Hives shall not be readily visible from a public right-of-way.
(4) 
Hives shall be located between any residence and the rear property line.
(5) 
Hives shall be in a secure quiet location that is dark during nighttime hours.
(6) 
Hive entrances shall be oriented to the south or west and a minimum ten (10) feet away from any entrance to a structure located on neighboring properties.
(7) 
Multiple hives may be located together.
(c) 
Flight Paths. Honeybees shall be encouraged to fly up and away from the property by locating beehives as follows:
(1) 
A minimum of eight (8) feet above the adjacent ground level, or
(2) 
A minimum four (4) feet away from a minimum six (6) foot tall perimeter solid wall, fence or dense hedge located on or adjacent to the property line.
(d) 
Water. Beehives shall have an adequate on-site continually clean, fresh, and circulating water source that does not become a breeding ground for mosquitoes.
(e) 
Hive Maintenance. Beekeepers shall maintain apiaries in compliance with the guidelines titled "Best Management Practices for Backyard Beekeeping in Lakewood." The Community Development Director is hereby authorized to maintain and update the guidelines from time to time, as necessary. The guidelines include recommendations regarding regular inspections, proper record keeping, swarm prevention, overcrowding reduction, disease control, deterrents to bee nectar robbing, and the need for periodic queen replacement.
(f) 
Beehive Design/Storage. Hives shall be painted a light color to assist in keeping hive cooler in the hot sun. Hives shall have removable frames to facilitate maintenance, regular inspections, and transfers and expansions. Hive maintenance materials and equipment shall be stored in a sealed container or placed within an enclosed building.
(g) 
Food Production. Apiary food production (e.g., honey, etc.) for sale shall be subject to regulations regarding cottage food enterprises and home-based businesses, and in compliance with Los Angeles County Public Health Department regulations.
B. 
Growing of nursery stock, orchards, vineyards, the raising of field crops, trees, berry and bush crops, or vegetable or flower gardening on a commercial scale, provided, however, that no odor or dust producing substance or use shall be permitted within one hundred feet of any property line. The uses enumerated under this subsection are permitted only when the minimum lot or parcel area is one acre and the lot frontage exceeds 100 feet. This subsection does not permit roadside stands, retail sale from the premises, or advertising signs of any nature.
C. 
The following uses provided that in each instance a Conditional Use Permit has been obtained and continues in full force and effect.
1. 
Churches of a permanent character.
2. 
Educational Institutions.
[Amended by Ord. 303; Ord. 75-12]
3. 
Public parks and playgrounds, golf courses, and other municipal recreation areas.
4. 
Public libraries and museums.
5. 
Police and fire stations, and such other public buildings as are determined to be essential to the health, safety, or general welfare of the community.
6. 
Such public utilities as electrical distribution substations, telephone exchanges, water wells, water pumping plants, water storage tanks, and similar facilities, with the exception that electrical poser transmission and distribution lines shall be allowed as a matter of right in this zone.
7. 
Children's Nursery and Children's Room, except as provided by Subsection F.
[Amended by Ord. 303; Ord. 75-12]
8. 
(Reserved)
9. 
Vehicle parking lot where for the exclusive purpose of providing free off-street parking for a commercial use on contiguous C-1 or less restrictively zoned land. Such parking area shall be developed and maintained in accordance with the provisions of this code. In addition, notwithstanding any other provision of this chapter to the contrary, such vehicle parking areas shall conform to the front and side yard requirements of this zone, except where said vehicle parking lot sides upon a commercial or less restrictive zone, the Planning and Environment Commission may in a proper case determine to use the appropriate front or side yard requirements of said commercial or less restrictive zone.
[Added by Ord. 312; amended by Ord. 74-2]
10. 
Growing of nursery stock, orchards, vineyards, field crops, trees, berry and bush crops, vegetable or flower gardening on a commercial scale and retail sales of said products from said premises on which so grown, provided that said premises are at least one acre in area and there is reasonable access to one or more major or secondary highways, available off-street or on-street parking for customer use, and under reasonable conditions such use will not be obnoxious or detrimental to surrounding property. Any such conditional use permit may authorize the maintenance of signs on said premises advertising products sold and grown thereon, and retail sale stands, as specified in Section 9508.C of this Code.
[Added by Ord. 496; amended by Ord. 81-16]
11. 
Private Day School, Day Nursery or Day Nursery School, Private Boarding School, Children's Boarding Home.
[Amended by Ord. 75-12; Ord. 85-12]
12. 
Petroleum Pumping Station.
[Added by Ord. 92-3]
13. 
Cottage Food Operations. As defined in Section 9302.17e and provided the following requirements are conditions of approval for the conditional use permit:
[Added by Ord. 2013-3]
(a) 
Business License. A cottage food operation shall obtain and maintain a valid business license for a Home Business Occupation, as specified in Section 9320. J., including a timely and valid annual renewal of the business license.
(b) 
Public Health Permits. Prior to issuance of the business license for a home business occupation and any annual renewal of the business license, the cottage food operator shall submit a copy of all required Public Health permits, registrations and certifications required to operate the business and those required for any employees or household workers of the business.
(c) 
Inspection. The cottage food operation shall be subject to inspection by City officials, if the City receives a complaint related to potential non-compliance with related provisions of the Municipal Code, unsafe food or a possible violation of the Homemade Food Act.
(d) 
Spacing. Cottage food operations shall only be approved for operation, where each property line of the lot or parcel of the proposed Cottage Food Operation is located more than 300 feet from another property line that is the site of an existing and properly permitted cottage food operation.
(e) 
Parking. A minimum of one temporary parking space shall be provided on-site to accommodate an employee of the cottage food operation, in addition to the required parking for the residence. Temporary parking spaces shall only be occupied by an employee during operating hours. The temporary parking space shall be paved, shall not encroach into the public right of way, and shall not be located within the required front yard with the exception that temporary parking may be provided on a driveway.
(f) 
Product Pickup. The cottage food operation shall provide cottage food products only for pickup. There shall be no on-site consumption of cottage food products by customers, except samples, and there shall be no customer dining area provided on the premises of a cottage food operation.
(g) 
Hours of Operation. A cottage food operation shall only serve one customer at a time and only between the hours of 7:00 a.m. to 7:00 p.m. daily. A cottage food operation shall only have one full-time or full-time equivalent non-resident employee and only between the hours of 7:00 a.m. to 7:00 p.m. daily.
(h) 
Rental Property. In the case where a cottage food operation is proposed to be located in a dwelling unit that is either leased or rented by a tenant, an original wet-signed written authorization from the property owner or property manager shall be provided with the annual business license request and renewal.
D. 
Real estate signs within definition of 9302.35 subparagraph (7).
E. 
A trailer used as a residence of the owner and his family during construction by such owner of a permanent residence, but only while a building permit for the construction of such residence is in full force and effect and in no event longer than six months.
F. 
Residential Rentals.
[Amended by Ord. 303; Ord. 75-12; Ord. 77-14; Ord. 2018-7; Ord. 2023-6]
1. 
Long-Term Rental (31 days or more).
a. 
Whole Home Rental. An entire primary dwelling unit may only be rented for periods of time that are thirty-one (31) days or more. This includes second primary dwelling units (i.e., per SB9.)
b. 
Accessory Dwelling Unit (ADU) Rental. An Accessory Dwelling Unit may only be rented for periods of time that are thirty-one (31) days or more.
c. 
Junior Accessory Dwelling Unit (JADU) Rental. A Junior Accessory Dwelling Unit may only be rented for periods of time that are thirty-one (31) days or more and either a primary dwelling unit or the JADU shall be occupied by the property owner.
d. 
Home-Share Rental (long-term). The renting of not more than two rooms to not more than two roomers, and/or the providing of table board to not more than two boarders or both, in a single-family residence may only be rented for periods of time that are thirty-one (31) days or more.
2. 
Short-Term Rentals of any dwellings (less than thirty-one (31) days) are not allowed.
3. 
All Short Term Rentals, and any advertising for such, shall be prohibited after June 30, 2023, except as set forth in this subsection. Any property at which there is a valid Short Term Rental Permit which was issued pursuant to the applicable provisions of Title VI of this Code prior to March 1, 2023, may continue to host Short Term Rentals through June 30, 2024, after which date the prohibition shall apply and such Rentals must cease. Any such pre-existing Permit shall be null and void as of June 30, 2023, unless its use is fully compliant with all provisions in this Code pertaining to Short Term Rentals, including but not limited to the full payment of all fees and taxes owed to the City through that date. Thereafter, any Permit remaining in effect shall be automatically and immediately canceled in the event of any violation of any provision of this Code pertaining to Short Term Rentals, including but not limited to delinquency in the payment of any fees or taxes owed to the City. Any violation of any provision of this Code pertaining to Short Term Rentals shall be subject to the issuance of an Administrative Citation pursuant to the procedures set forth in Section 4900, et seq., of this Code, in addition to any other applicable remedies, and any such Citation shall bear a fine in the maximum amount authorized by State law.
G. 
Accessory uses allowed in connection with any church, religious facility or school use, for fund raising purposes, including:
[Added by Ord. 77-6; amended by 2018-9]
1. 
Temporary fireworks stands, where authorized by permit of the City Council pursuant to and subject to the provisions of Section 3105.1;
2. 
Bingo games, where authorized by permit issued under Article VI and subject to the terms and provisions of this Code pertaining to bingo games;
3. 
Carnivals, where authorized by permit issued pursuant to and subject to Article VI of this code; and
4. 
Christmas tree and other holiday sales, where authorized by permit pursuant to and subject to Article VI of this Code.
H. 
Residential sales events as defined in Section 9302.36.c, not exceeding two (2) per calendar year. Each event shall be allowed to operate a maximum of two (2) days. If the sales event terminates prior to the two (2) day period allowed, it will be considered one of the two (2) events allowed per year. No new items shall be permitted for resale. The sale shall not encroach into any public right-of-way.
[Added by Ord. 86-7]
I. 
Public dances and entertainment conducted on or in the premises of public agencies that are an authorized use in this Zone.
[Added by Ord. 98-9]
J. 
Home Business Occupations. A resident may obtain a business license for a Home Business Occupation, including a Cottage Food Operation, provided the business license holder abides by the following restrictions. Any failure of the business license holder to observe the following restrictions may be cause for the revocation of the business license:
[Added by Ord. 2005-8; amended by Ord. 2013-3]
1. 
Accessory Use. The business use of residential premises for a home occupation must only be an accessory use that is incidental and secondary to the primary use of the residence as a home for residential purposes.
2. 
Appearance. In no way shall the residential character of the main building or premises be altered by the home business occupation use.
3. 
Activities. There shall be no activity upon the premises, causing unusual noise or disturbance, other than would be common to residential property, or otherwise interfering with the public health, safety and welfare.
4. 
Employees. There shall be no employment of help other than members of the residential family or other household member. In the case of a cottage food operation, there may be no more than one employee who is not a member of the subject household. Employee work hours at a cottage food operation shall be limited to the hours between 7:00 a.m. to 7:00 p.m. daily.
5. 
Customers. There shall be no sale of products to customers on the premises or customer activity on the premises, except, in the case of a cottage food operation. A cottage food operation shall allow no more than one customer at anytime on the cottage food operation site and only between the hours of 7:00 a.m. to 7:00 p.m. daily.
6. 
Traffic. The use shall not create pedestrian or vehicular traffic other than that normal for residential activity.
7. 
Commercial Vehicles. The use shall not involve commercial vehicles for delivery of materials to or from the premises, other than those normally allowed in a residential district.
8. 
Storage. The use shall not involve excessive or unsightly storage of materials or supplies indoors or outdoors.
9. 
Equipment And Supplies. There shall be no use of materials or mechanical equipment not recognized as being a part of normal household or hobby use.
10. 
Advertising. The use shall not involve any advertising signs or structures on the premises.
11. 
Utility Consumption. There shall be no use of utility or community facilities beyond that normal to the use of the property for residential purposes.
K. 
Front Yard Safety Standards. The City Council hereby finds that the following development standards are necessary to protect residents, especially children, from potential harm that may be caused by the location of any structures in the front yards of residential lots. These standards are each individually necessary to protect the public health, safety, and welfare of the residents of the City of Lakewood from potential safety hazards and other unsafe conditions. These standards shall apply to all areas within the front yard setback area and within any adjacent side yard setback area that is the same distance from the front property line as the front yard setback area. The Community Development Director is authorized to make determinations and regulatory interpretations of these provisions in order to reasonably implement the stated objectives regarding the application or waiver of the following front yard standards, especially as it applies to any existing or proposed vegetation and/or structures (e.g., a tree or flagpole.)
[Added by Ord. 2023-6]
1. 
Driveway Visibility Triangle. In order to preserve a safe view of the sidewalk and street from any vehicle backing out of a driveway either on-site or on an adjacent lot, there shall be an unobstructed view of the sidewalk from each side of the driveway. A safe view from the driveway shall be achieved by having no structures or vegetation that exceeds forty-two inches in height within an area that is defined as a right-angle triangle that has one side fifteen feet (15') parallel with the sidewalk and another side fifteen feet (15') parallel with the driveway with a triangular connection between these two sides and along both sides of a driveway, creating two such triangles. This shall apply to both sides of a lot and shall include any area within the side yard setback area, adjacent to the front yard. This is also recommended for any driveway within the side street yard setback area of a comer lot, subject to review and approval by the Community Development Director or designee.
2. 
Child Safety Visual Corridor. In order to preserve and promote safe passageways for children walking to and from schools, libraries, and public parks along city sidewalks, no structure over 42" in height shall be constructed within ten (10) feet of a public sidewalk that is within one-half of a mile from a school, library, or public park.
3. 
Sidewalk Safety Setback. There shall be a minimum four-foot (4') safety setback area from the front property line for any structure over forty-two inches (42") in height to assure adequate protection and to allow adequate space to maintain the public right-of-way. This setback is required to inhibit any unauthorized encroachments into the public right-of-way from both above ground and underground improvements (e.g., foundations.) Any dispute regarding the location of the front property line shall be resolved through a property line survey prepared for the property owner and at the property owner's expense.
4. 
Noise Attenuation Windows. Any habitable structure within ten (10) feet of any public right-of-way, including a sidewalk or street, shall be required to install triple pane tempered glass windows that meet with a Sound Transmission Class rating of 24 or less, as specified by the California Building Code requirements for sound attenuation.
5. 
Street Tree Protection. No habitable structure shall be located within the dripline of any tree planted within the city right-of-way, and/or within fourteen feet (14') of the trunk of such a tree. The property owner is hereby notified that any structure constructed in the front yard is done at their risk and may be damaged by tree roots and/or branch fall. The property owner shall be fully responsible for the installation of any required root barriers and for the maintenance and repair of any building damage caused by tree root intrusion or tree debris fall. The city seeks to preserve existing street trees and minimize any potential structural damage and any resultant liability caused thereby. Each property owner has a responsibility to protect and properly maintain their on-site structures from potential dangers and a responsibility to notify the city of any unsafe conditions when observed.
6. 
Utility Line Protection. No habitable structure in the front yard shall be constructed or proposed to be constructed over any underground utility line. Any conflicting utility line (e.g., gas, water, sewer, electrical, low voltage cable, or fiber optic cable) shall be relocated at the property owner's expense, so that it is outside of the footprint of any proposed front yard habitable structure. This reduces conflicts with any future land division that places separate detached units on individual lots, as allowed by state law to assure that each unit has their utility connections on the resultant lot.
L. 
Residential Swimming Pool/Spa Safety Standards. When a lot in the R-1 or R-A zone has a swimming pool and/or spa and has more than one dwelling unit on the lot, then such swimming pool and/or spa shall be accessible to all residents on that lot equally without restriction. Any such pool serving more than one family is a public pool and shall be subject to the requirements and inspections for such public pools as regulated by the Los Angeles County Public Health Department ("Public Health.") This includes all required signage, as specified by Public Health. In addition, the pool shall be maintained by a certified pool technician, professionally trained, and certified by the Los Angeles County Public Health Department. If any resident requires accessible accommodations for the disabled, the property owner shall install the appropriate equipment and any other necessary improvements to the satisfaction of the Community Development Department.
[Added by Ord. 2023-6]
[Amended by Ord. 293; Ord. 74-20; Ord. 74-29; Ord. 92005-8; Ord. 2021-8; Ord. 2023-6]
A private garage or carport providing not less than two (2) automobile covered parking spaces shall be maintained for the first dwelling unit on a lot and at least one (1) additional paved parking space shall be provided for each additional dwelling unit on a lot, except as waived or modified by state law. Such a garage or carport shall not be within the front yard, however, the paved driveway area in the front yard may be used for required parking spaces. Tandem parking is allowed on the paved driveway.
An existing driveway on a residential lot may be expanded in such a manner that it may accommodate one additional parking space in the front yard setback area, in addition to the number of legally conforming parking spaces on the lot, as they existed on August 8, 2023. The additional space shall not exceed 200 square feet unless adjacent to and contiguous with the existing legally conforming driveway, wherein the expansion shall be no more than 10 feet in width. Such a driveway expansion shall not be allowed in instances where a circular driveway exists or is allowed to be installed. All front yard parking spaces shall be accessible from the existing driveway apron and, in order to preserve on-street parking, the additional front yard parking space shall only be allowed provided there is no expansion of the driveway apron.
In addition, any area paved between the external edge of the driveway and the nearest side property line may be used for parking. If a property owner has a vehicle with a valid unexpired placard or license plate for the disabled, then an additional five (5) feet wide walkway may be paved towards the interior of the lot to accommodate a walkway access for the disabled. This disable access walkway is in lieu of and replaces the otherwise allowed two (2) foot wide passenger walkway. In no instance shall any additional paving allowed by this section exceed the maximum allowed front yard hardscape area as specified by Section 9322.10. C of this Code. All required parking spaces shall be kept clear of storage, furniture, appliances, equipment, plants, or accumulations of trash, rubbish, or debris, and shall remain accessible for the parking of vehicles.
Notwithstanding the foregoing, a private garage or carport providing one (1) automobile storage space shall be maintained for each single-family residence validly erected and conforming on February 27, 1958, provided, however, one (1) additional paved automobile parking space is provided on the lot.
[Amended by 2023-6]
The minimum required area of a lot or parcel in the R-1 zone shall be set forth in Section 9210, unless otherwise waived or modified by state law. In the event that a larger required area is designated for a particular area in the R-1 zone, it shall be indicated by a number expressing the required square footage following the zoning symbol. In no instance shall the minimum lot area of the subdivision of an existing lot in the R-1 zone result in a lot to be less than 1,200 square feet, as allowed by state law.
[Amended by Ord. 2021-8; Ord. 2023-6]
The lot area per dwelling unit shall not be less than the minimum area required for a lot or parcel, unless otherwise waived, or modified by state law to allow additional dwelling units.
[Amended by Ord. 338; Ord. 91-4; Ord. 2021-8; Ord. 2023-6]
The total first floor area of the main building and all enclosed accessory structures shall not exceed forty-five percent (45%) of the lot area, unless otherwise waived, or modified by state law.
[Added by Ord. 91-4; amended by Ord. 2005-1; Ord. 2021-8; Ord. 2023-6]
The total floor area of the main building used for living purposes shall not exceed sixty percent (60%) of the lot area, unless otherwise waived or modified by state law.
[Amended by Ord. 2021-8; Ord. 2023-6]
In the R-1 zone, no building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height, whichever is the lesser, except that no structure allowed in the front yard area shall exceed eighteen (18) feet in height, if detached from all other structures and shall not exceed twenty-five (25) feet in height if attached to another structure that is not in the front yard, except that an additional two (2) feet may be added to match the adjoining roof pitch.
[Amended by Ord. 75-1; Ord. 2005-8; Ord. 2017-3; Ord. 2021-8; Ord. 2023-6]
Every lot and every parcel in the R-1 zone shall have a front yard setback area of not less than twenty (20) feet from the front property line except as listed below, or not less than ten (10) feet from the front property line, where the lot or parcel is located on a cul-de-sac street or on a knuckle intersection, unless otherwise waived, or modified by state law.
Every lot in the R-1 zone located within Tract No. 11600 and Tract No. 12673 (more commonly known as Lakewood Gardens) shall have a front yard setback area of not less than fourteen (14) feet from the front property line, unless otherwise waived, or modified by state law.
[Amended by Ord. 2021-8; Ord. 2023-6]
(Nonconforming Buildings - See Section 9396)
A. 
For interior lots, the side yard setback area shall be four (4) feet in width from the side property line, unless otherwise waived or modified by state law.
B. 
For comer lots, the side yard setback area abutting a side street shall be four (4) feet in width from the side property line, unless otherwise waived, or modified by state law.
[Amended by Ord. 165; Ord. 244; Ord. 74-2; Ord. 75-1; Ord. 77-5; Ord. 2021-8; Ord. 2023-6]
The rear yard setback area shall be four (4') feet from the rear lot line, unless otherwise waived, or modified by state law.
A. 
Rear yard. The rear yard shall not be less than four (4') feet between the rear lot line, the side lot lines, and the nearest rear line of the main building or the nearest rear line of any covered porch or enclosed patio.
B. 
Open Space Area:
1. 
Residential lots with 5,000 square feet or more in total lot area shall have a minimum of seven hundred fifty (750) square feet of open space area, located within the rear fifty percent (50%) of such lots.
2. 
Residential lots with less than 5,000 square feet in total lot area shall have a minimum of fifteen percent (15%) of the total lot area allocated to an open space area, located within the rear fifty percent (50%) of such lots.
3. 
Open space areas shall be computed to include the following:
a. 
Side yard areas in the rear fifty percent (50%) of the lot and of which at least four (4) feet must be contiguous with a yard area behind a dwelling unit.
b. 
Driveways and driveway turning radius areas located within the rear fifty percent (50%) of the lot.
c. 
Balconies and open flat roof patio and recreation areas may be included when there is more than one dwelling unit on a lot.
d. 
No area that is less than four (4) feet in width and four (4) feet in length shall be included in computing the required open space area. \
e. 
No area occupied by any building, other than an unenclosed patio area may be used in computing the required open space area,
f. 
Patios under cover and which are otherwise unobstructed on all sides, except where enclosed by the walls of the attached building may be located within the open space area, provided the patio does not occupy more than fifty percent (50%) of the required open space area, and provided no portion of an attached patio is located within the four (4) foot rear yard.
Private garages or accessory buildings, may be constructed as follows:
A. 
No private garage or other non-habitable accessory building shall be located less than three (3) feet from the rear or side lot line, except that any structure used as a private garage or other non-habitable accessory building and located within the rear fifty percent (50%) of the lot may be located no less than one (1) foot from the side lot line, which does not abut a street. No accessory structure, including ADUs shall be constructed in such a manner to allow any stormwater or other drainage from its roof to fall offsite from the lot on which the structure is located and such drainage shall then not subsequently drain on to adjacent private property without the benefit of an easement allowing such drainage. Drainage shall be directed from the lot on to public right-of-way and stormwater facilities in a manner determined acceptable by the Public Works Director.
B. 
Any accessory building used or designed for human habitation, including an ADU shall be located no less than four (4) feet from any rear and/or side lot lines.
C. 
Any accessory building used or designed for human habitation, including an ADU, shall be located no less than four (4) feet from any rear and/or side lot lines, unless otherwise waived or modified by state law.
[Amended by Ord. 2023-1; Ord. 2023-6]
D. 
No accessory structure such as, but not limited to, garages, workshops, sheds, or greenhouses shall be used as living quarters except for an ADU as defined in Section 9302.2 la or if attached to the primary dwelling unit a JADU as defined in Section 9302.21b.
[Amended by Ord. 2023-1]
E. 
Each garage or carport fronting on any street or alley providing vehicular access thereto shall be located no closer than twenty (20) feet from the adjacent street or alley right-of-way line. Notwithstanding the above, any garage constructed with an automatic mechanical garage door opener and having access onto an alley, may be located closer than twenty (20) feet from the property line adjacent to the alley, provided that a twenty-four (24) foot turning radius is maintained.
[Added by Ord. 74-2; amended by Ord. 75-1; Ord. 77-5]
F. 
Canopies may be located only in the rear yard and may not be located in any driveway area used for automobile parking. Such structures shall be located no less than five (5) feet from the side and rear property lines and shall be subject to all standards applicable to accessory structures.
[Added by Ord. 2004-5; amended by 2018-2]
[Added by Ord. 2005-8]
Exterior lighting of porches and grounds shall be designed, installed and arranged in such a manner to eliminate the reflection of direct or indirect lighting upon abutting or adjacent properties.
[Added by Ord. 2005-8]
Any vacant property or building subject to vandalism, trespassing, dumping, storage or graffiti, and determined to be a property nuisance as provided in Section 4323.A, shall be completely enclosed with six (6) feet high fencing or walls, with locked accesses.
The following lists standards for required and allowed surfacing materials to cover all areas of a single-family residential lot, including ground covers, driveways, walkways, front yard hardscape areas, and front yard landscape areas. The application of the standards listed below in subsections B, C, D, E, and F shall only apply to construction or resurfacing projects that affect front yards after the effective date of this amended Section.
A. 
Ground Cover Required. All open lot areas not occupied by paved driveways or paved walkways, buildings, accessory structures, pools, spas, decks, or other impermeable structures or devices, are to be provided with approved ground cover materials to deter erosion, dust, accumulation of water or mud, and an unsightly appearance. Approved ground cover materials include natural turf, artificial turf, low-growing ground cover plants, flowers, shrubs, trees, drought-tolerant landscaping, and other decorative soil covering materials such as bark, rock, bricks, pavers, decomposed granite, turf block and/or concrete.
B. 
Allowed Driveways. An allowed driveway is a paved surface that provides a direct path from the property line adjacent to a public or private street, alley, or common area driveway from which the property is accessed to the required off-street parking spaces. A circular driveway may be allowed in those instances, where the Public Works Department has approved encroachment permits to allow two driveway approach aprons on the same lot and that lot has a frontage width of at least seventy-five (75') feet or more. The circular driveway shall connect the two driveway aprons and the off-street parking area. Driveways are allowed as follows:
1. 
Driveway Surface. Driveways shall be constructed of concrete, patterned concrete, bricks, and pavers or may be constructed of other impermeable or permeable materials approved by the Community Development Director. Asphaltic concrete ("asphalt") is not an allowed driveway surface for single-family residential uses.
2. 
Driveway Width. The driveway width shall be no wider than ten (10) feet for each off-street parking space to which it leads (e.g., 20 feet wide driveway for a two-car garage or carport.) Every single-family dwelling unit shall provide off-street parking in compliance with Section 9490 and Subsection 9490.T. of this code and shall have a minimum of two off-street parking spaces for either one or two dwelling units on a single-family residential lot, except and as specified by Section 9321, unless otherwise waived, or modified by state law.
(a) 
The driveway may be expanded with concrete pavement or other hardscape material to fill in the area between the driveway and the nearest side property line. The driveway fill-in provision shall apply to only one property line.
(b) 
A driveway leading to parking spaces behind the residence shall not exceed the width between the residence and the side property line.
(c) 
Vehicles may park on all portions of an allowed driveway to satisfy parking requirements of the lot, including tandem parking, and are allowed on any paved driveway portion thereof in the required front yard or side yard setback area.
(d) 
An existing driveway on a residential lot may be expanded in such a manner that it may accommodate one additional parking space in the front yard setback area, in addition to the number of legally conforming parking spaces on the lot, as they existed on August 8, 2023. The additional space shall not exceed 200 square feet unless adjacent to and contiguous with the existing legally conforming driveway, wherein the expansion shall be no more than 10 feet in width. Such a driveway expansion shall not be allowed in instances where a circular driveway exists or is allowed to be installed. All front yard parking spaces shall be accessible from the existing driveway apron and in order to preserve on street parking, the additional front yard parking space shall only be allowed provided there is no expansion of the driveway apron.
[Amended by Ord. 2021-8; Ord. 2023-6]
C. 
Front Yard Hardscape Area. The "Front Yard Hardscape Area" or "FYHA" shall be the total area of all impermeable materials or structures located in the required "Front Yard" area, as specified by Section 9322.4 of this Code. This includes the "allowed driveway," any permitted porch projections into the front yard, and the front yard walkways. The FYHA shall also include the area located adjacent and connected to the allowed driveway paved with any permeable hardscape materials. The FYHA shall not exceed the following percentages of the total Front Yard area based on the width of the lot at street frontage, unless otherwise approved by application:
1. 
Sixty percent (60%) for lots with forty-five (45) feet or more of frontage.
2. 
Eighty percent (80%) for lots with less than forty-five (45) feet of frontage and more than thirty (30) feet of frontage.
3. 
Ninety percent (90%) for lots with thirty (30) feet of frontage or less. Such lots shall have a minimum of forty (40) square feet of organic material.
The Development Review Board (DRB) may approve an application to expand the FYHA above the listed percentages, provided a finding is made that the project area maintains an acceptable streetscape aesthetic and limits front yard parking to be no more than two vehicles on lots with forty five feet (45') of frontage or less.
D. 
Front Yard Landscape Area. The "Front Yard Landscape Area" or "FYLA" shall be all the remaining area in the required Front Yard Area, after excluding any areas occupied by the FYHA. The FYLA shall be covered with permeable ground cover arranged in an aesthetically pleasing manner, especially from street views, as determined by the Community Development Director or in conjunction with another planning review. At least 50% of the total FYLA permeable area shall be covered with organic materials as listed below, unless otherwise approved per this Section. The FYLA permeable ground cover areas may include:
1. 
Organic materials including bark, mulch, ground cover plants, flowers, shrubs, and trees.
2. 
Artificial turf.
3. 
Decomposed granite.
4. 
Decorative rock no greater than four inches (4") in diameter.
5. 
In addition, the following are allowed, provided they collectively do not occupy more than 5% of FYLA: large boulders, decorative rocks greater than 4" in diameter, steppingstones and water features no more than 18" deep.
E. 
Front Yard Walkway(s). A property owner may have one or more front yard walkways as part of their allowed FYHA and/or FYLA hardscape, in accordance with the following:
1. 
Walkway Parking Prohibited. There shall be no vehicle parking on any portion of any front yard walkway, except as otherwise allowed by this Code or administrative directive.
2. 
Passenger Walkway. An FYHA or FYLA hardscape area no more than two feet wide (2') may be added adjacent to the allowed driveway for the purpose of passengers exiting a vehicle.
3. 
Front Entry Walkway. An FYHA and/or FYLA hardscape area no wider than six feet (6') that leads to the front residence entry door from the public sidewalk or other site access points (e.g. driveway or side yards.) When the walkway is parallel to the driveway and either connects to the public sidewalk or connects to the driveway within six feet (6') of the public sidewalk, the walkway shall be separated from the allowed driveway by a landscape planter with turf or other organic material that has an average width of three feet (3') or wider. Where terrain (e.g. elevated yard) or the residence entry door location require access directly from the driveway, the walkway shall be limited to be no more than four feet (4') wide from the adjacent edge of the driveway and may extend from the public sidewalk to the front entry door of the residence.
F. 
Modifications. Any modification of the front yard that increases or redesigns the FYHA by 5% or more and/or any reduction or redesign of the FYLA area by 5% or more shall be approved by the Community Development Director or designee through a Site Plan Review or through another other planning application process. Routine maintenance, plant replacement and incidental landscape enhancements do not require this review.
[Added by Ord. 2020-5]