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Can an ADU request a Zone Variance from the provisions in 12.22 A.33?

No, the LAMC does not permit deviations from development standards provided in LAMC 12.22 A.33 (Exceptions) because these provisions are already exceptions from the Code; however, an ADU may request the appropriate entitlement(s) to deviate from development standards provided in other sections of the Code that are not specifically defined in LAMC 12.22 A.33.

What regulations apply when an existing ADU or JADU is later proposed to be converted to another use?

The proposed conversion will be subject to all zoning code and fire sprinkler regulations in place at the time of the proposed change of use. If the ADU or JADU was constructed within an existing  building, non-conforming rights from the building and use that existed prior to the ADU or JADU may be considered at the discretion of LADBS.

When is automobile parking required for an ADU which is part of the proposed or existing primary residency or an accessory structure (LAMC Section 12.22 A.33(c)(12)(i)d)?

Automobile parking is not required for ADUs created within an existing or proposed main home or an existing accessory structure. ADU parking may be required if the ADU exceeds the existing square footage of an existing main home (primary residence) or accessory structure, as well as for a newly constructed detached ADU. Other parking waivers in LAMC Section 12.22 A.33(c)(12)(i) may also apply.

May an ADU be created on a Lot that is a substandard Lot (for instance, due to an illegal Lot split in the past)?

State law allows a local ADU ordinance to establish certain ADU development standards. However, these standards shall not include minimum lot size (see GC Section  65852.2(a)(1)(B)(i)). Therefore, a minimum Lot size requirement for a given zone classification shall not be the basis of a denial of a new ADU.

What general development standards from LAMC Section 12.22 A.33(c) apply to Movable Tiny Houses (MTHs)?

LAMC 12.22 A.33(b)(3) states that a MTH shall be approved if in compliance with all of the provisions in Paragraph (c), except for those provisions that apply solely to buildings and  structures (as well as all of the provisions in Paragraph (f)). This is because MTHs are not considered “structures” under the Zoning Code or Building Code. The following standards in  LAMC 12.22 A.33(c) do not apply to MTHs, as they apply solely to buildings and structures (LADBS may determine that other standards do not apply to MTHs):

Determination of when requirements for a passageway or space between buildings are considered in conjunction with the construction of an ADU (LAMC Section 12.22 A.33(c)(7)).

The defined passageway and space between buildings regulation does not apply to the ADU or  any residential building on the same Lot during the approval or construction of an ADU, whether through a zoning review, building permit plan check or inspection.  In the event that new (non-ADU) structures or additions to structures are constructed on the site subsequent to the creation of the ADU, any applicable regulations pertaining to passageways or  space between buildings would apply to the new structure or addition, consistent with the Zoning Code standards in place at th

Determination of when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or JADU for the purposes of determining when no parking is required for an ADU (LAMC Section 12.22 A.33(c)(12)(iii)).

For the purpose of this provision, in conjunction means when a building permit application to remove covered parking and a building permit application for the construction of an ADU on the  same Lot are submitted at the same time, or where one building permit application is submitted while the other building permit application or building permit is still open and valid.

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