McFarland Municipal Code Ch. 17.136 General Provisions

The regulations specified in this title shall be subject to the following interpretations and exceptions.

(Ord. 109 § 32.00, 1969)

The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.

(Ord. 109 § 32.01, 1969)

Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein, provided such uses are similar to those mentioned and are, in the opinion of the city council, evidenced by a resolution in writing, after a report and recommendation by the planning commission, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.

(Ord. 109 § 32.02, 1969)

Uses other than those specifically mentioned in this title as uses excluded from any zone may be excluded therefrom provided such uses are, in the opinion of the city council, as evidenced by a resolution in writing, after a report and recommendation by the planning commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.

(Ord. 109 § 32.03, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.136.050, which pertained to nonconforming buildings and uses and derived from Ord. 109 § 32.04, adopted in 1969.

The provisions of Section 17.136.050 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this title or any subsequent change in the regulations of this title; provided, however, that wherever a period of years is specified in Section 17.136.050 for the removal of nonconforming buildings, structures or uses, the period shall be computed from the date of such reclassification or change.

(Ord. 109 § 32.05, 1969)

Any building or structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty days after the issuance of the permit and diligently prosecuted to completion.

(Ord. 109 § 32.06, 1969)

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.136.080, which pertained to reconstruction of damaged nonconforming building and derived from Ord. 109 § 32.07, adopted in 1969.

Editor's note— Ord. No. 2-2025, § 2, adopted May 14, 2025, repealed § 17.136.090, which pertained to nonconforming uses resulting from amendments and derived from Ord. 109 § 32.08, adopted in 1969.

Nothing in this chapter or otherwise in this title shall be construed or applied so as to prevent the expansion, modernization, replacement, reconstruction, repair or rebuilding and continued use of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of the land so used.

(Ord. 109 § 32.09, 1969)

Except where otherwise provided for in this title, every dwelling shall face or have frontage upon a street or permanent means of access to a street, by way of a public or private easement or passageway other than an alley.

(Ord. 109 § 32.10, 1969)

No penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment, towers, steeples, roof signs or other structures shall exceed the height limits provided in this title. Radio and television masts, flagpoles, chimneys and smokestacks may extend not more than forty-five feet above the height limits provided in this title, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.

(Ord. 109 § 32.11, 1969)

Where a dwelling is located, placed or erected above another type of use in zones other than R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7, the rear and side yards for the floors occupied for dwelling purposes shall comply with the provisions of the R-4 zone.

(Ord. 109 § 32.12, 1969)

The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

A. No detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones may exceed two stories or thirty-five feet in height.

B. No detached accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones shall be located at a distance less than sixty percent of the depth of the lot from the front property line, or ninety feet, whichever is less.

C. On a corner lot, no detached accessory buildings in the R-1, R-2, R-3, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones shall be located at a distance less than ten feet from the side street line.

D. No accessory buildings in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones, if two stories in height, shall be located nearer than five feet to any interior property line.

E. No accessory buildings on the rear twenty-five feet of a reverse corner lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

F. A private garage of not to exceed six hundred square feet may be a part of the main building if the garage and the main building have a common wall of not less than five feet in length, or if not more than four feet from the main building and connected thereto by a roof of not less than five feet in width.

G. One detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones, when the slope of the front half of such lot is greater than one foot rise or fall in the horizontal distance of four feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five feet from the side or front line of the lot and further provided that no such building shall exceed ten feet in height.

(Ord. 109 § 32.13, 1969)

17.136.150.010 Purpose and Applicability.

A. Purpose. The purpose of this chapter is to comply with Government Code Section 65852.2 (Accessory Dwelling Units), 65852.22 (Junior Accessory Dwelling Units), and 65852.26 (Sale or Conveyance of Accessory Dwelling Unit Separate from Primary Residence) as amended from time to time by the state, which provides for cities to set standards for the development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) so as to increase the supply of smaller and affordable housing while ensuring that they remain compatible with the existing neighborhood. Accessory dwelling units are considered to be a residential use, consistent with the general plan objectives and zoning regulations, and enhance housing opportunities, including near transit for residential lots zoned to allow single family, homes or multi-family units.

B. This chapter is intended to implement the city's housing element of the general plan and is adopted to comply with state law (Government Code Section 65852.2 and 65852.22), by allowing ADUs through ministerial review in all districts zoned to allow single- family, multi-family, or mixed uses, subject to meeting the standards prescribed below.

C. Permitted Locations. The provisions included in this chapter are applicable to all lots that 1) are zoned to allow single-family, multi-family residential, or mixed uses; and 2) include a proposed or existing primary dwelling.

17.136.150.020 Application Process.

A. Permit Required. An administrative permit in compliance with Chapter 17.160 is required for ADUs along with a building permit.

B. Review and Approval Ministerial Review. An administrative permit in compliance with Chapter 17.160 for an ADU shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding California Government Code Sections 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits within sixty days of acceptance of a complete application.

1. Exception: Should the permit application to create an ADU be submitted concurrently with a permit application to create a new single-family dwelling on the lot, in which case the city shall not act on the ADU permit application until the city acts on the permit application for the new single-family dwelling unit; or the applicant requests a delay, in which case the sixty-day time period shall be tolled for the period of the delay. If the city has not acted upon the completed application for the ADU within sixty days, and neither of the above exceptions are met, then the application for the ADU shall be deemed approved.

C. ADU shall be subject to this section and under subdivision (e) of Government Code 65852.2 shall not be subject to design and development standards except for those that are noted in this chapter. ADUs that do not meet objective and ministerial development and design standards may still be permitted through an ancillary discretionary process, conditional use permit, if the applicant chooses to pursue this route. In this scenario, the applicant assumes time and monetary costs associated with a discretionary approval process.

17.136.150.030 Submittal Requirements.

A. The completed application, administrative permit, shall be submitted to the community development department on an application form prepared by the community developent director and shall include the submittal requirements as defined by Chapter 17.160. Upon approval of the administrative permit, the applicant shall submit a building permit application. Fees for an ADU shall be established by the city council and said fees shall be, but not limited to, administrative permit application, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

17.136.150.040 Type of Accessory Dwelling Units.

A. Types of Accessory Dwelling Units.

1. Attached ADU. An ADU attached to an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The attached ADU shall have an exterior entrance separate from the main house.

2. Detached ADU. An ADU structurally independent and detached from an existing or proposed primary dwelling and located on the same lot as the proposed or existing primary dwelling, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation.

3. Internal Conversion ADU. An ADU may be located within areas converted to habitable space, such as:

a. An area within an existing single-family dwelling (e.g., attached garage) and on the same lot as the existing dwelling with a separate exterior entrance;

b. An existing accessory structure (e.g., detached garage or pool house) located on the same lot as an existing single-family dwelling with a separate exterior entrance; or

c. Portions of existing multi-family 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.

17.136.150.050 Number and Types of ADUs Permitted Per Legal Parcel or Lot.

A. Lots with a Single-Family Dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and includes a proposed or existing single-family dwelling.

1. One attached ADU; or

2. One detached ADU; and

3. One JADU (see Section 17.136.150.120).

B. Lots with a Multi-Family Dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and includes a proposed or existing multi-family dwelling.

1. Conversion of non-livable spaces to create ADU(s). At least one ADU within the portions of existing multi-family structures, from the conversion of non-livable area, shall be allowed per lot that is zoned to allow multi-family residential uses and includes an existing multi-family structure, so long as it does not exceed twenty-five percent of the total number of existing dwelling units. ADUs within multi-family structures must be converted from non-livable areas and if no non-livable areas exist, no ADUs will be permitted.

2. Detached ADU(s). Not more than two ADUs, conversion of existing accessory structures and/or new construction, that are located on a lot that is zoned to allow multi- family residential uses and includes an existing or proposed multi-family dwelling.

17.136.150.060 Development Standards.

A. Site/Location Requirements.

1. Minimum Lot Size. ADUs that comply with this chapter shall be permitted on all legally established parcels, regardless of parcel size.

2. Lot Coverage. Not applicable.

3. Space between buildings shall be established in the applicable zone district.

B. Size and Floor Area.

1. Detached ADU. The maximum floor area of a new construction of a detached ADU is one thousand two hundred square feet.

2. Attached ADU. The maximum floor area of an attached ADU shall not exceed fifty percent of the floor area of the existing primary dwelling for an attached ADU but is permitted to be at least eight hundred square feet.

C. Height and Number of Stories. All ADUs shall comply with the minimum height restrictions as established in the applicable zone district.

D. Setbacks. All ADU Setbacks shall ensure accessibility for health and safety emergency personnel and shall provide site visibility at street and alley intersections. The side yard setbacks listed below ensure health and safety access by emergency personnel and site visibility at street intersections. Where utility easements exist, should the minimum setback encroach into the easement, the setback shall be increased to be equal to or greater than the width of the utility easement(s).

1. Front Yard Setbacks. All ADUs shall meet the minimum front yard setback as established in the applicable zone district.

2. Rear and side yard setbacks shall be the minimum as listed below, except where public utility easement(s) requires a greater setback.

a. Interior Side Yard Setbacks: Interior side yard shall be a minimum of four feet.

b. Corner side yard setback corner yard setback shall be six feet.

c. Interior Rear Yard Setback: Interior rear yard setback shall be a minimum of four feet for interior lots.

d. Corner Rear Yard Setback: Corner rear yard setback for corner lot shall be a minimum of six feet.

3. When an existing structure is converted to an ADU, and the existing structure either has no setbacks or has setbacks of less than four feet, then the ADU shall maintain the same setbacks as the existing structure or setbacks of four feet from the side and rear yards, whichever is less, if the ADU is constructed in the same location and to the same dimensions as the existing structure.

a. Conversion of existing structures to an ADU not meeting the minimum setbacks shall be designed and/or retrofitted to meet the fire and building codes.

E. Parking Requirements.

1. One parking space shall be provided per ADU, where applicable. This space may be provided as tandem parking on a driveway where the parking of vehicles do not block sidewalks nor pedestrian access. Parking of vehicles shall not be within four feet of the interior side yard and shall not be within six feet of a corner side yard setbacks. The four-foot and six-foot non-parking areas are to ensure health and safety access by emergency personnel and site visibility at street intersections.

2. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, replacement parking is not required. Off-street parking may be within the front yard setback area and may be designed as tandem parking or other design that accommodates off-street parking. The city code requires two off-street parking spaces per dwelling unit but does not require garages nor carports for off-street parking. Therefore, two-off-street parking spaces are required and when required one off-street parking for the ADU. As noted, tandem parking shall not block sidewalks, landscape areas or public access.

3. Exceptions. No parking shall be required for ADUs in any of the following instances:

a. The ADU is located within one-half mile walking distance of public transit.

b. The ADU is located within an architecturally and historically significant historic district.

c. The ADU is part of the proposed or existing primary residence or an accessory structure.

d. When on-street parking permits are required but not offered to the occupant(s) of the ADU.

e. There is a car share vehicle located within one block of the ADU.

F. Architectural Review. The construction of new ADUs shall be subject to Section 17.134.030, single-family residential standards.

G. Access and Entry. An ADU shall have a separate entry from the primary residence and shall be from the side or rear yard.

H. Density Limits. An ADU that conforms to the ordinance shall be deemed to be an accessory use or accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing general plan land use and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

17.136.150.070 Other Requirements.

A. Availability of Utilities.

1. Utility Connections. ADUs may be subject to utility connections as provided herein.

2. Private Sewage Disposal System. ADUs not serviced by the city's wastewater system must receive clearance from the Kern County Public Health Services Department. The applicant shall provide clearance to the city building division prior to the issuance of a building permit.

B. Addressing. The ADU shall be required to apply for and pay the adopted addressing fee for the proposed ADU(s), whether the ADU is an attached or detached. The address must be assigned prior to the issuance of the building permit.

C. Fire Sprinklers. Installation of fire sprinklers may not be required in ADUs (attached, detached, or conversion) where sprinklers were not required by building codes for the existing primary residence. For example, a detached single-family home designed and constructed decades ago would not have been required to have fire sprinklers installed under the applicable building code at the time. However, if the same primary dwelling recently underwent significant alteration and is now required to have fire sprinklers, any ADU created after that alteration must be provided with fire sprinklers. (Government Code Section 65852.2, subds. (a)(1)(D)(xii) and (e)(3).) Please note, for ADUs created on lots with multifamily residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multifamily structure is served by fire sprinklers, the ADU can be required to install fire sprinklers. For additional guidance on ADUs and fire sprinkler system requirements, please consult the office of the State Fire Marshal. If fire sprinklers are not required for the primary residence, then installation of fire sprinklers is not required in an ADU. However, if the primary residence undergoes significant remodeling and is required to install fire sprinklers, an ADU created after the remodel would also be required to install fire sprinklers.

D. Solar Panels. New ADUs are subject to the California Energy Code requirement (excluding manufactured homes) to provide solar systems if the unit(s) is a newly constructed, non-manufactured, detached ADU (though some exceptions apply). Per the California Energy Commission (CEC), the solar systems can be installed on the ADU or on the primary dwelling unit. ADUs that are constructed within existing space, or as an addition to existing homes, including detached additions where an existing detached building is converted from non- residential to residential space, are not subject to the energy code requirement to provide solar systems.

E. Flood Elevation Certification. All ADUs are required to comply with Chapter 15.12, Floodplain Management when the proposed ADU is located within the FEMA flood hazard area which has a one percent annual chance for shallow flooding. If applicable, prior to the issuance of the building permit, compliance with Section 15.12.170(C) of the McFarland Municipal Code and prior to the issuance of the building permit, a flood certification shall be provided.

F. Building code compliance is required for all ADUs. The community development department will not issue final building permits for an ADU before approval of building permits for the primary dwelling.

G. Kern County Fire Department clearance shall be required prior to the issuance of a building permit for an ADU.

H. Other code compliance as may be applicable, such as but not limited to encroachment permits, lot mergers, lot line adjustments, etc.

17.136.150.080 Occupancy, Rental, and Sale Limitations.

A. Owner occupancy shall not be required for ADUs.

B. Rental of ADUs shall be a minimum of thirty days.

C. Separate Conveyance. An ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Section 65852.26 with affordability restrictions.

17.136.150.090 Fee Requirements.

A. Connection Fees or Capacity Charges. An ADU shall not be considered to be a new residential use for the purposes of calculating connection fees or capacity chargers for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling. Where a new ADU and new residential unit is applied for and constructed, the new ADU and new residential unit shall pay the applicable sewer connection fee in place at the time of submittal.

B. Impact Fees. Impact fees shall not be imposed on an ADU that is less than seven hundred fifty square feet. in size. For ADUs that are greater than seven hundred fifty square feet. in size, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling unit.

C. Permit Processing Fee. Application fees shall be as established by resolution of the city council for the processing of the planning and building permit applications. Other fees such as but not limited to file maintenance and technology fees shall be required. All state mandatory fees associated with building permits shall be required.

D. Monthly Charges for Sewer and Water. ADUs shall be subject to the monthly utility fees for wastewater. Water service is provided by the city and as such an ADU may be subject to the monthly utility fees for domestic water service.

17.136.150.100 Conditions for Nonconforming Uses and Structures.

A. Nonconforming Conditions. Notwithstanding Section 17.136.050, to the contrary, an owner of an ADU that receives a notice to correct violations or abate nuisance, in relation to the ADU, may request a delay for five years in in enforcement of a building standard, as long as the violation is not a health and safety issue as determined by the city's building official, subject to compliance with the Health and Safety Code Section 17980.12 and the following conditions:

1. The ADU was built before January 1, 2020.

2. The ADU was built on or after January 1, 2020, in a local jurisdiction that, at the time the ADU was built, had a noncompliant ADU ordinance, but the ordinance is compliant at the time the request is made.

17.136.150.110 Definitions Accessory Dwelling Units. For purposes of this section, the following terms have the following meanings:

A. "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C. "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

D. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

E. "Local agency" means a city, county, or city and county, whether general law or chartered.

F. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

G. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

H. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

I. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

J. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

K. "Impact fee" has the same meaning as the term "fee" is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

L. Multiple detached dwellings on a lot in the R-2, R-3, and R-4 zones: A lot where there are currently multiple detached single-family dwellings is eligible for creation of one ADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure and by building a new detached ADU subject to certain development standards. (Government Code Section 65852.2, subds. (e)(1)(A) and (B).)

M. Multifamily dwelling under ADU Law is as follows: For the purposes of state ADU law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings for the purposes of state ADU law.

17.136.150.120 Junior Accessory Dwelling Units.

A. Permitted one junior accessory dwelling units (JADU) in single-family residential zones.

B. An administrative permit shall be required for the creation of a JADU, and shall do all the following:

1. One JADU per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

2. Require owner-occupancy in the single-family residence in which the JADU 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.

3. Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the JADU that conforms with this section.

4. A permitted JADU shall be constructed within the walls of proposed or existing single-family residence.

5. The JADU shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.

6. The JADU shall provide an efficiency kitchen, which shall include all of the following:

a. A cooking facility with appliances.

b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7. A JADU shall not require additional parking as a condition to grant a permit.

B. JADU shall be required to submit a building permit and pay adopted fees for planning clearance, administrative permit and maintenance fees, building fees relating to plan checks, building permit, inspection, including the imposition of a fee for that inspection, to determine if the JADU complies with applicable building standards.

C. An application for a JADU, notwithstanding State of California Government Code, Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The planning division shall act on a completed application to create a JADU within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the JADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the JADU shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.

D. Fees for a JADU shall be established by the city council and said fees shall be, but not limited to, administrative permit application, building plan check fees, building permit fees, and state mandated fees relating to the issuance of building permits.

E. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a JADU so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a JADU or not.

F. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

G. This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a JADU, so long as that ordinance or regulation applies uniformly to all single- family residences regardless of whether the single-family residence includes a JADU.

Section 17.136.150.130 Definitions Junior Accessory Dwelling Unit (JADU). For purposes of this section, the following terms have the following meanings:

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

B. "Local agency" means a city, county, or city and county, whether general law or chartered.

C. Effective January 1, 2020, Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read: For purposes of this section, the following terms have the following meanings:

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

2. "Local agency" means a city, county, or city and county, whether general law or chartered.

D. Effective January 1, 2020 Section 17980.12 was added to the Health and Safety Code, immediately following Section 17980.11, to read:

a. 17980.12. (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:

1. The accessory dwelling unit was built before January 1, 2020.

2. The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

3. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.

4. The enforcement agency shall grant an application described in paragraph (2) if the enforcement determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.

5. The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (3).

b. For purposes of this section, "accessory dwelling unit" has the same meaning as defined in Section 65852.2.

c. This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

(Ord. 109 § 32.14, 1969)

(Ord. No. 1-2024, § 1, 2-8-24)

On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located.

(Ord. 109 § 32.15, 1969)

Where yards are required in this title, they shall not be less in depth or width than the minimum dimension specified for any part, and they shall be at every point open and unobstructed from the ground upward, except as follows:

A. Cornices, canopies, eaves or other similar architectural features not providing additional floor space with the buildings may extend into a required front, side or rear yard not to exceed three feet.

B. Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six feet; provided, however, that an open work railing, not more than thirty inches in height, may be installed or constructed on any such porch, platform or landing place.

C. Detached accessory buildings may occupy front, side and rear yards except as provided in Section 17.36.140.

(Ord. 109 § 32.16, 1969)

A. In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no fence, wall or hedge located in the rear or side yards shall exceed a height of six feet; provided, however, that approved public utility uses which are under the jurisdiction of a state agency may be approved to a greater height.

B. In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no fence, wall or hedge located in the required front yard shall exceed a height of four feet.

C. In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no fence, wall or hedge located within twenty-five feet of the rear line of a reversed corner lot between the street and the established setback line on the key lot, to the rear, shall exceed a height of four feet.

D. In the R-1, R-2, R-3, R-4, R-S, E, E-1, E-2, E-3, E-4, E-5, E-6 or E-7 zones no barbed wire shall be used or maintained in or about the construction of a fence, wall or hedge along the front, side or rear lines of any lot, or within three feet of the lines, and no sharp wire or points shall project at the top of any fence or wall less than six feet in height.

E. Fences, walls or hedges shall be allowed to be located or encroach upon any city, easement or right-of-way subject to the issuance of a city of McFarland encroachment permit.

(Ord. 109 § 32.17, 1969)

(Ord. No. 068-2017, § 1, 6-27-17)

No portion of any required front yard, or side yard on the street side of a corner lot shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of the foregoing or building materials (except building materials for use on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage," as used in this section, means the presence for a period of forty-eight consecutive hours in the required front or side yard.

(Ord. 109 § 32.18, 1969)

The provisions of this title shall not be construed to apply to the construction, installation, operation and maintenance of public utility distribution and transmission lines, towers and poles and underground facilities for providing gas, water, electricity or telephone and telegraph services by public utility companies under the jurisdiction of the Public Utilities Commission of the state; provided, however, before any right-of-way for transmission lines is acquired, the proposed route shall be submitted to the planning commission for review and recommendation.

(Ord. 109 § 32.19, 1969)