A homeowner in a California city wants to construct an accessory dwelling unit (ADU) on their single-family lot. The city's zoning ordinance expressly prohibits ADUs in single-family zones and the city has not adopted a local ADU ordinance. May the homeowner proceed with the ADU?
Correct Answer
D) Yes, because state law requires all cities and counties to ministerially approve at least one ADU on a single-family lot, and a local ordinance that prohibits ADUs entirely is preempted
Government Code §65852.2, as substantially strengthened by AB 68 and SB 13 (effective January 1, 2020), mandates that all California cities and counties ministerially approve at least one ADU on any single-family lot that meets state standards, regardless of what local zoning provides. A local ordinance that flatly prohibits ADUs in single-family zones is preempted by state law. Where a city has not adopted a compliant local ADU ordinance, the city must apply the state's default standards — it cannot simply deny applications by pointing to a prohibition in its zoning code.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
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