Division 1: Introductory Provisions.

Division 2: Base and Overlay Districts.

Division 3: General Regulations.

Division 4: Administration and Permits.

Division 5: General Terms.

Land Use Regulations. These regulations specify the land uses that are permitted, conditionally permitted, or specifically prohibited in each Zoning District, and include special requirements, if any, applicable to specific uses. Land use regulations for base Zoning Districts and for Overlay Districts are in Division 2 of this Ordinance. Certain regulations that are applicable to specific land uses in some or all districts are located in Division 3. Regulations governing nonconforming uses are also in Division 3.

Development Standards. These regulations control the height, bulk, location, and appearance of structures and site improvements on development sites. Development standards for base Zoning Districts and Overlay Districts are in Division 2 of this Ordinance. Certain development standards applicable to some or all districts are in Division 3. These include general site development regulations, performance standards, standards applicable to specific land uses, and regulations for parking, signs, telecommunications facilities, and nonconforming structures.

Administrative Regulations. These regulations contain detailed procedures for the administration of this Ordinance. They include procedures, processes, standards, and findings for discretionary entitlement applications and other permits. Administrative regulations are in Division 4 of this Ordinance.

General Terms and Use Classifications. Division 5 provides a list of and definitions for use classifications and a list of terms and definitions used in the Ordinance.

Compliance with Regulations. Except as provided in this Zoning Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:

General. Where conflict occurs between the provisions of this Ordinance and any other regulations, City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. See, e.g., Section 9.56.270(F) (the State Historic Building Code applies to alterations to historic resources and properties on the Historic Resources Inventory).

Permit Streamlining Act. All actions taken by the decision-making body pursuant to this Ordinance shall be consistent with the provisions of Government Ordinance Section 65920 et seq. (the Permit Streamlining Act) to the extent applicable.

Relation to Private Agreements. Where this Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Ordinance shall control.

Relation to Prior Ordinance. The provisions of this Ordinance supersede all prior Zoning Ordinances codified in Article 9 of the Santa Monica Municipal Code and all prior amendments. No provision of this Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Ordinance.

Application During Local Emergency. The City Council may authorize a deviation from a provision of this Ordinance during a local emergency declared and ratified under the Santa Monica Municipal Code.

Previously Approved Development. The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid permit or building permit was issued prior to the effective date of this Ordinance and which does not subsequently expire. A permit that does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one year of the effective date of this Ordinance;

Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the City Council pursuant to Chapter 9.60 of the Municipal Code prior to the effective date of this Ordinance;

Vesting Tentative Maps. Any residential project for which a vesting tentative map application was determined complete prior to the effective date of this Ordinance; and

Applications for Projects in Progress. Any application for a Planning entitlement, except a Development Agreement application, determined complete on or before April 15, 2015.

"R District" or "Residential District" shall include the following Districts: R1 Single-Unit Residential; R2 Low Density Residential; R3 Medium Density Residential; R4 High Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; or OF Oceanfront.

"Nonresidential District" shall include any base Zoning District except the Residential Districts specified in subsection (B)(1) above.

Where a district boundary is indicated as approximately following a street or alley line or parcel line, the centerline of the street or alley or the parcel line shall be the boundary.

A district boundary that is indicated as approximately following parcel lines, City limits, or extraterritorial boundary lines shall be construed as following such lines, limits, or boundaries.

When property is unsubdivided or where a district boundary divides a parcel, the location of the boundary, unless it is indicated by dimension, shall be determined by the use of the scale appearing on the Official Districting Map of the City.

Where any public street or alley is officially vacated or abandoned, the Zoning District regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned street or alley.

Where any private right-of-way or easement of any railroad, railway, transportation, or public utility company is vacated or abandoned, the district regulations applicable to abutting properties shall apply to the former centerline of the vacated or abandoned right-of-way easement.

The air rights above or the ground rights below any freeway, parkway, highway, street, alley, or easement shall be in the same district as is applicable to the property abutting the freeway, parkway, highway, street, alley, or easement. In cases where a freeway, parkway, highway, street, alley, or easement forms the boundary between districts, the centerline of the right-of-way shall be the boundary.

"And" indicates that all connected words or provisions shall apply.

"And/or" indicates that the connected words or provisions may apply singularly or in any combination.

"Or" indicates that the connected words or provisions may apply singularly or in any combination.

"Either ... or" indicates that the connected words or provisions shall apply singularly but not in combination.

ANG. Average Natural Grade is the average elevation of the ground level of the parcel surface as measured at the intersection of the minimum rear and front setback lines (or parcel lines if no setbacks are required) with the minimum side setback lines (or parcel lines if no setbacks are required) of the parcel.

SANG. Segmented Average Natural Grade is measured from the elevation levels of 3 equal segments between the front setback line and rear setback line. The 3 equal segments shall be created by drawing imaginary lines connecting opposite side setback lines (or parcel lines if no setbacks are required) at 1/3 increments of the depth of the parcel from the front setback line to the rear setback line (or parcel lines if no setbacks are required). The elevation for the front 1/3 segment shall be equal to the elevation of the midpoint of the front setback line (or parcel line if no setback is required). The elevation for the rear 1/3 segment shall be equal to the elevation of the midpoint of the rear setback line (or parcel line if no setback is required). The elevation of the middle 1/3 segment shall equal the halfway elevation between the front and rear 1/3 segments.

For parcels larger than 30,000 square feet, Segmented Average Natural Grade can be measured with a maximum of 4 equal segments utilizing the methodology described in this Section 9.04.050(A)(2).

TG. Theoretical Grade is an imaginary line from the midpoint of the parcel on the front setback line to the midpoint of the parcel on the rear setback line (or parcel lines if no setbacks are required).

Sloped Parcels, Front to Back: On parcels with a grade change of 10% or more between the midpoint of the minimum front setback line and the midpoint of the minimum rear setback line (or parcel lines if no setbacks are required), heights shall be measured either from Theoretical Grade or from Segmented Average Natural Grade.

Sloped Parcels, Side to Side: On parcels with a grade change of 10% or more between the midpoint of the minimum side setback line and the midpoint of the opposite side setback line (or parcel lines if no setbacks are required) AND with a grade change of a greater percentage than the slope from the midpoint of the minimum front setback line and the midpoint of the minimum rear setback line, heights shall be measured from the Theoretical Grade line between the midpoint of the minimum side setback line and the midpoint of the opposite side setback line or from Segmented Average Natural Grade.

Measuring the Height of Fences on Retaining Walls. Notwithstanding the above, the height of a fence that is on top of a retaining wall is measured from the lowest existing grade point within a 3 foot radius of any point on such fence to the highest point of the fence on the highest side of the wall. Any fence or railing required to comply with minimum height in applicable Building Code requirements is permitted.

Rectilinear Parcels. Parcel width shall be determined by measuring the distance between side parcel lines. The measurement shall be determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines (see illustration A).

Non-rectilinear Parcels. A series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel. Once the side and rear parcel lines of a non-rectilinear parcel are established (see definitions of "side parcel line" and "rear parcel line"), a series of measurements shall be made parallel to the front parcel line (see illustrations B and C).

The actual floor space of all habitable rooms on all levels and mezzanines, interior balconies, lofts, and closets;

Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors;

Portions of basements that meet Building Code requirements for habitable space;

Enclosed porches and balconies;

Unenclosed decks, balconies, porches, and platforms used for commercial or restaurant activity;

Enclosed interior courtyards, atria, paseos, walkways and corridors;

Enclosed storage and equipment spaces; and

Covered parking at or above grade.

Stairways and stairwells;

Elevators, elevator equipment rooms, and elevator shafts;

Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;

In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity ("unenclosed rooftop areas"), subject to the following specific standards:

Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;

Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;

Semi-subterranean parking areas that meet the following criteria:

Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade;

Enclosures constructed pursuant to Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452CCS;

Attics;

Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025;

Commercial outdoor space permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area.

Floor area devoted to basements;

Unenclosed decks, balconies, porches, outdoor dining areas permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks, provided the dining areas have not more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property.

Areas defined as floor area in Section 9.04.080;

Areas with ceiling heights exceeding an upper story floor line by 7 feet or more shall count towards each subject upper story.

Required stepback areas that are:

Projecting upper-story outdoor spaces not within minimum setback areas that are:

Areas enclosed on more than two sides below an upper story or accessory building.

Floor area devoted to basements;

Floor area devoted to mezzanines and lofts;

Covered parking areas open on at least two sides; and

Roofed accessory buildings open on at least two sides and not exceeding 14 feet in height.