What is zoning?

Municipal zoning, or land use zoning, is a system of regulations that divides a municipality into distinct districts and specifies permissible land use activities within each district. This system serves as a powerful tool for local governments to control development, ensure compatibility between land uses, and safeguard the health, safety, and welfare of residents.

Regulating Land Use for ADU Development

Zoning Districts

Municipalities typically divide land into zones such as residential, commercial, industrial, agricultural, and mixed-use. Each zone is subject to specific regulations to maintain its intended character and prevent incompatible land uses.

Zoning Regulations

Zoning regulations encompass a wide range of restrictions to promote orderly development and prevent conflicts between different land uses, including:

• Building height and size limitations
• Minimum lot size requirements
• Setback requirements (distances from property lines)
• Permitted land use activities
• Parking requirements

Purpose of Zoning

Zoning seeks to ensure that land use and development are harmonious with the surrounding environment. It protects residents from the negative impacts of incompatible land uses, such as industrial activities in residential neighborhoods. Zoning promotes sustainable development by guiding growth and preserving community character.

Public Process

Zoning regulations are typically established through a public process involving public hearings and community input. This process allows residents and stakeholders to voice their concerns and influence zoning decisions. Zoning regulations can be amended to reflect evolving community needs and accommodate new development trends.

Zoning's Impact on ADU Construction

Zoning laws profoundly impact ADU construction and occupancy. Homeowners must navigate complex regulations to ensure their ADU projects comply with local ordinances.

ADU Size and Setbacks

Zoning regulations often specify maximum ADU sizes in square footage and as a percentage of the primary dwelling unit. Setback requirements dictate the minimum distance between the ADU and property lines, influencing its placement on the lot.

ADU Types and Locations

Zoning laws may restrict the types of ADUs allowed (e.g., attached, detached, converted) and their permissible locations on the property. Some jurisdictions may have specific zoning districts designated for ADU development.

Parking Requirements

Zoning regulations may impose parking requirements for ADUs, which can be a significant challenge in urban areas with limited space. However, recent state-level laws have reduced the ability of local governments to require extra parking for ADUs.

Occupancy Restrictions

Some jurisdictions have historically implemented owner-occupancy requirements, mandating that the homeowner reside on the property. However, as discussed with AB 976, those owner occupancy rules are being removed in California.

Rental Restrictions

Zoning ordinances may regulate the rental of ADUs, including limitations on short-term rentals or minimum rental periods. Some jurisdictions might also regulate the number of people who can live in an ADU.

Design Guidelines

Some municipalities have design guidelines that dictate the architectural style, materials, and aesthetics of ADUs. These guidelines aim to ensure that ADUs complement the existing neighborhood character.

Navigating Zoning Regulations

Thorough Research

Homeowners must comprehensively research local zoning ordinances before planning an ADU project. Contact the local planning department to obtain detailed information on applicable regulations.

Professional Guidance

Consulting with architects, engineers, and permit expeditors can help navigate the complexities of zoning regulations. These professionals can ensure that ADU designs comply with local ordinances.

Public Hearings and Community Input

Be prepared to participate in public hearings and address community concerns related to the ADU project. Community input can influence zoning decisions and permit approvals.

Variance Applications

If an ADU project does not comply with zoning regulations, homeowners may need to apply for variances. Variances are exceptions to zoning rules granted under specific circumstances.

Staying Informed

Zoning regulations are subject to change. Homeowners must stay informed about updates and amendments affecting their ADU projects.

State vs. Local Control

While the state of California has implemented laws that have streamlined ADU development, local governments still maintain a lot of control over how ADUs are handled. It is imperative to contact local city and county governments to see what the most up-to-date regulations are.