Ferndale Zoning Code § 7.21 (The following section is repealed in its entirety by Urgency Ordinance 2025-09…

• 7.21.1 Purpose and Scope.

The purpose of this section is to provide regulations for the establishment of accessory dwelling units in compliance with California Government Code Section 65852.2. Said units may be located in residential zone districts where adequate public facilities and services are available. Accessory dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density of the lot upon which they are located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership.

• 7.21.2 Definitions.

For the purposes of this section, the following words are defined:

"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Attached" means a wall, floor, or ceiling of an accessory dwelling unit is shared with the primary residence on the property.

"Behind" means an accessory dwelling unit constructed either entirely between the rear of the primary residence and the rear property line, or at the side of the primary residence, and set back from the front plane of the primary residence at least 50 percent of the distance between the front and back planes of the primary residence. "Buildable pad area" means the level finish grade of the lot not including slopes greater than 30 percent.

“Conversion” means the alteration of an existing physical space such as a garage, carport, or covered parking structure, to an accessory dwelling unit intended for residential use.

“Detached" means an accessory dwelling unit separated from the primary residence or accessed from primary residence by a breezeway.

"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

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• "Living area" means the interior habitable area of a dwelling unit including finished basements and attics, but does not include garages or any accessory structure. “Mature tree” means an otherwise non-protected tree with a diameter-at-breast-height (DBH) of 19 inches or greater. "Primary residence" means a proposed or existing single-family dwelling constructed on a lot as the main permitted use by the zone on said parcel. "Tandem parking" means that two or more vehicles are parked on an established driveway or in any other approved location on the lot lined up behind one another.

• 7.21.3 Applicability.

  • a. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this section.

  • b. The City Manager or his/her designee shall review and approve, conditionally approve, or deny ministerial permits for accessory dwelling units conforming to the provisions of this section within the time limits specified by Government Code Section 65852.2 or successor provision.

• 7.21.4 Location standards.

  • a. Permitted Zones. Accessory dwelling units are permitted in the following zoning districts:

    • i. One newly constructed accessory dwelling unit or junior accessory dwelling unit may be constructed on any legal parcel that allows single-family residential as a principally permitted use.

    • ii. Conversions to an accessory dwelling unit that meet all of the following criteria shall be permitted in all zoning districts that permit single-family residential uses:

      1. The accessory dwelling unit is contained within a legally constructed existing space (i.e., a fully enclosed area, including a garage) of a primary single-family dwelling or structure accessory to a primary single-family dwelling.

      2. There is an independent exterior access from the existing residence.

      3. Side and rear setbacks are sufficient for fire safety as determined by the Building Official at the time of application.

      4. All applicable building and safety codes are met.

      5. Only one accessory dwelling unit will exist on the site.

  • b. Minimum lot area.

    • i. Conversion to accessory dwelling unit. None. ii. Newly constructed accessory dwelling unit:

      1. RS and R1 zoning districts. One accessory dwelling unit may be constructed on any legal parcel of 5,000 square feet or more in size.

      2. All other permitted zoning districts. One accessory dwelling unit may be constructed on any legal parcel, regardless of lot size.

  • c. Accessory dwelling units or junior accessory dwelling units are not permitted on lots developed with condominiums, townhomes, apartments, or similar multi-family developments.

  • d. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. The conversion of a guest house,

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other similar living areas, or other accessory structures into an accessory dwelling unit is permitted, provided the conversion meets the intent and property development standards of this section, and all other applicable requirements.

• 7.21.5 Development Standards. a. Newly Constructed Accessory Dwelling Units-Unit size. i. Minimum unit size. The accessory dwelling unit shall be no less than 150 square feet in size.

  • ii. Maximum unit size.

    1. For parcels less than 10,000 square feet in size: 800 square feet or 50 percent of the proposed or existing primary dwelling living area (i.e., all fully enclosed area, excluding garages and detached structures), whichever is less.

    2. For parcels equal to or greater than 10,000 square feet in size: 1,200 square feet or 50 percent of the proposed or existing primary dwelling living area (i.e., all fully enclosed area, excluding garages and detached structures), whichever is less.

  • b. Site planning . A detached accessory dwelling unit shall be located behind the rear building line of the primary residence, and be clearly subordinate in location and size.

  • c. Setback requirements. The minimum required setbacks shall comply with Section 7.27 (“Yards”), except that the minimum rear yard setback for a detached Accessory Dwelling Unit shall be no less than 10 feet. A minimum setback of five feet from the side and rear property lines shall be required for an attached accessory dwelling unit that is constructed above an attached garage.

  • d. Building separation. A minimum building separation of six feet shall be maintained (eave to eave) between the primary residence and a detached accessory dwelling unit.

  • e. Maximum height. To ensure accessory structures remain subordinate to the primary residence, detached accessory dwelling units should generally not exceed 15 feet to the top plate and 20 feet to the highest ridgeline. However, the highest ridgeline of newly constructed attached accessory dwelling unit may extend to the maximum allowed height in the applicable zone, if the existing primary residence is of an equal height.

  • f. Connection Fees. For purposes of providing service for water, sewer, or power, including a connection fee, an accessory dwelling unit shall not be considered a separate dwelling unit.

• 7.21.6 Historic Resources. a. Historic Districts. Accessory dwelling units are prohibited in historic districts (e.g., National Register, Landmark, etc.) unless the accessory dwelling unit is one of the following:

  • i. A converted accessory dwelling unit; or

  • ii. A newly constructed accessory dwelling unit that is not visible from the public right-of-way.

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• b. Individually Designated Historic Properties. i. Newly constructed accessory dwelling units are prohibited on individually designated historic properties that are listed on the National Register of Historic Places.

• ii. Converted accessory dwelling units are permitted on individually designated historic properties that are either located on a Local or State Register of Historic Places, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following:

  1. The accessory dwelling unit shall be subordinate to a primary residence that is determined to be a historic resource.

  2. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, including garages, outbuildings, stables or other similar structures.

  3. Windows and doors (including garage doors) for historic properties that are original to the structure are required to be retained, unless this requirement prevents creation of the accessory dwelling unit.

  4. The accessory dwelling unit shall be designed as to have a distinguishable but compatible architectural style from the historic primary residence or structure, as required by the Secretary of Interior Standards Guidelines for Rehabilitation. New additions and related new construction that are either identical to the historic building or in extreme contrast to it are not compatible.

  5. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site.

  6. Any “mature tree” shall be replaced by a seedling at a one-for-one ratio if it is proposed to be removed in order to construct a newly constructed Accessory Dwelling Unit.

  7. Newly constructed accessory dwelling units on individually local or state designated historic properties are also subject to Section 7.21.7 (Design Standards for all Newly Constructed Accessory Dwelling Units).

7.21.7 Design Standards for all Newly Constructed Accessory Dwelling Units .

• a. The lot shall retain a single-family appearance by incorporating architectural design elements, building materials and colors of the primary residence with the accessory dwelling unit. The accessory dwelling unit shall be subject to the following development design standards:

  • i. Matching architectural components shall be shared between the primary residence, accessory dwelling unit, and any other accessory structures to provide visual compatibility and ensure subordinance to

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the main structure. These components may include, but are not limited to:

1. Window and door type, style, design and treatment;

2. Roof style, pitch, color, material and texture;

3. Roof overhang and fascia size and width;

4. Attic vents color and style;

5. Exterior finish colors, texture and materials, including siding and trim.

• ii. Windows on second story accessory dwelling units shall be staggered and oriented away from adjacent residences closer than 10 feet to the greatest degree feasible. The location and orientation of balconies or decks shall also be oriented away from adjacent neighbors' backyard and living space windows.

• 7.21.8 Parking and circulation standards.

  • a. Required parking . One additional parking space shall be provided on-site for the accessory dwelling unit. The on-site parking space required for the accessory dwelling unit may be provided as covered, uncovered, or as tandem parking on an existing driveway.

    • i. Exception. No additional parking space is required for an accessory dwelling unit if it meets any of the following conditions:

      1. The accessory dwelling unit is located within one-half mile of a public transit stop;

      2. The accessory dwelling unit is located within an architecturally and historically significant district;

      3. The accessory dwelling unit is contained within legally constructed existing space (i.e., all fully enclosed area, including a garage) of the primary dwelling or accessory structure, as specified in Section 17.50.275.B.1.a.(1);

  • b. Replacement parking. If an existing garage or carport serving as the required parking for the primary dwelling unit is demolished in conjunction with the construction of an accessory dwelling unit, the required replacement parking spaces for the primary residence may be provided as covered, uncovered, or as tandem parking on an existing driveway, provided the driveway is sufficient in length and width.

• 7.21.9 Junior Accessory Dwelling Units.

  • a. In single-family residential zones, a junior accessory dwelling unit is permitted and shall meet all of the following: One junior accessory dwelling unit per residential lot zoned for single-family residences with a single-family residence already built, and where no ADU or guest house exists on the lot.

  • b. Owner-Occupancy. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

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• c. A permitted junior accessory dwelling unit shall be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.

• d. Separate Entrance. A separate entrance from the main entrance to the structure is required, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.

• e. Kitchen Requirements. An efficiency kitchen for the junior accessory dwelling unit is required, and shall include:

  • i. A sink with a maximum waste line diameter of 1.5 inches.

• ii. A cooking facility with appliances that do not require electrical service greater than 120 volts or natural or propane gas.

  • iii. A food preparation counter and storage cabinets.

• f. Parking. Additional parking is not required for a junior accessory dwelling unit. g. Connection Fees. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

• h. Sale of Units. The sale of a junior accessory dwelling unit separate from the sale of the single-family residence is prohibited and will be enforced by deed restrictions.

• i. Recorded covenant. Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant in a form approved by the city to notify subsequent owners of the requirements of this Section.

Setbacks: See 7.27 “Yards”

• §7.22 Signs and Nameplates: The entire §7.23 was repealed by Ordinance 2013-02 Sign Ordinance. §7.23 Swimming Pools: Any pool, pond, lake or open tank, not completely enclosed within a building, which is normally capable of containing water to a depth greater than 18 inches at any point and in which swimming or bathing is permitted to the occupants of the premises on which it is located, or their guests, and which shall not be used for commercial purposes, shall be permitted, with a use permit in any zone and shall be subject to the following regulations:

  • 7.23.1 Such pool shall be located on the rear one-half of the lot and in any case not less than 50 feet from the front lot line. Side and rear yards shall be as required for accessory buildings, but in no case within 5 feet of any lot line. Filter and heating systems shall not be located within 10 feet of any lot line.

  • 7.23.2 Ground coverage by a swimming pool shall not exceed 40% of the rear yard required of the lot on which it stands. Ground coverage by a swimming pool shall not be included in computing maximum ground coverage allotted to buildings on the lot.

  • 7.23.3 Such pool or the property on which it is located shall be completely enclosed by a wall or fence not less than 4 ½ feet in height, containing no openings greater than 4 inches except for self-closing and self-latching gates on which the latch is at least 4 feet above ground level, in order that full control of access by children may be maintained.

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