West Hollywood City Zoning Code
ARTICLE 19
1 Zoning Ordinance Enactment and Applicability
§ 19.01.010 Title.
This title is and shall be cited as the City of West Hollywood Zoning Ordinance, Title 19 of the West Hollywood Municipal Code, hereafter referred to as "this Zoning Ordinance."
(Ord. 01-594 § 2, 2001)
§ 19.01.020 Purpose.
This Zoning Ordinance carries out the policies of the West Hollywood General Plan by classifying and regulating the uses of land and structures within the City of West Hollywood. This Zoning Ordinance is adopted to protect and to promote the public health, safety, and general welfare. More specifically, it is the purpose of this Zoning Ordinance to:
A.
Guide the orderly growth and development of the city, promote high quality urban design, and regulate land uses and the location and use of structures for residential, commercial, and other purposes consistent with the goals and policies of the General Plan;
B.
Assist in providing a physical environment that provides for the housing, employment, business, service, recreational, social, cultural, educational and entertainment needs of the city and maintains and enhances a high quality of life for its residents;
C.
Maintain and enhance through land uses and urban design the city's role as a regional business center and home for major industries, including entertainment, design-related, visitor-serving, specialty, and ethnic/lifestyle uses;
D.
Provide a diversity of areas characterized by differing land use activities, scale and intensity, while maintaining neighborhood and community identity, and quality development;
E.
Respect the city's environmental setting and constraints, and meet the needs of the city for adequate public services and infrastructure;
F.
Ensure the maintenance of property within the city by requiring each owner, occupant, or other person in charge of any property to keep it in good repair and in compliance with the provisions of this Zoning Ordinance;
G.
Maintain and enhance the City of West Hollywood's "urban village" pedestrian character with a unique, distinctive and secure environment for the city's residents and businesses; and
H.
Maintain a balance between residential and non-residential land uses.
(Ord. 01-594 § 2, 2001)
§ 19.01.030 Authority, Relationship to General Plan.
A.
Authority. This Zoning Ordinance is enacted based on the authority vested in the City of West Hollywood by the state of California by virtue of: the State Constitution; the Planning and Zoning Law (Government Code Sections 65800 et seq.); and the California Health and Safety Code.
B.
General Plan Consistency. This Zoning Ordinance, the Zoning Map (Section 19.04.030), and any adopted specific plans are the primary tools used by the City of West Hollywood to carry out the goals, objectives, and policies of the West Hollywood General Plan. In compliance with state law, this Zoning Ordinance is consistent with the West Hollywood General Plan, and any land use or development approved in compliance with this Zoning Ordinance will also be consistent with the West Hollywood General Plan.
(Ord. 01-594 § 2, 2001)
§ 19.01.040 Applicability of Zoning Ordinance.
This Zoning Ordinance applies to all land uses, structures, subdivisions, and development within the City of West Hollywood, as follows.
A.
New Land Uses or Structures, Changes to Land Uses or Structures, and Changes of Tenancy. Any act to establish, construct, reconstruct, alter, demolish, or replace any use of land or structure, shall be in compliance with the requirements of Section 19.02.010 (Requirements for Development and Land Uses), and Chapter 19.72 (Nonconforming Uses, Structures, Signs, and Parcels).
B.
Issuance of Building or Grading Permits. The Code Compliance/Building and Safety Division may issue building, demolition, grading, or other construction permits only when:
1.
The proposed land use and/or structure satisfy the requirements of subsection (A), above, and all other applicable statutes, ordinances, and regulations; and
2.
The Community Development Director determines that the site was subdivided in compliance with all applicable requirements of Title 20 (Subdivisions) of the Municipal Code.
C.
Subdivision of Land. Except for airspace subdivisions, any subdivision of land proposed within the City of West Hollywood after the effective date of this Zoning Ordinance (May 2, 2001) shall be consistent with the minimum lot size requirements of Article 19-2 (Zoning Districts and Allowable Land Uses), all other applicable requirements of this Zoning Ordinance, and Title 20 (Subdivisions) of the Municipal Code.
D.
Continuation of an Existing Land Use. Existing land uses that did not violate the city zoning regulations applicable before the effective date of this Zoning Ordinance (May 2, 2001), but do violate this Zoning Ordinance, may continue only in compliance with Chapter 19.72 (Nonconforming Uses, Structures, Signs, and Parcels).
Existing land uses that violated city zoning regulations applicable before the effective date of this Zoning Ordinance (May 2, 2001), continue to be in violation unless they conform to the current provisions of this Zoning Ordinance.
E.
Alteration or Expansion of an Existing Land Use or Structure. Any alteration, expansion or modification of an existing land use or structure shall comply with all provisions of this Zoning Ordinance, except in compliance with Chapter 19.72 (Nonconforming Uses, Structures, Signs, and Parcels).
F.
Effect of Zoning Ordinance Amendments on Projects in Progress.
1.
A land use permit application that has been accepted by the Department as complete prior to the effective date of this Zoning Ordinance (May 2, 2001) or any amendment to this Zoning Ordinance shall be processed according to the requirements in effect when the application was accepted as complete.
2.
A development project for which substantial construction has occurred in compliance with a valid building permit on the effective date of this Zoning Ordinance (May 2, 2001) or any amendment, need not be changed to satisfy any new or different requirements of this Zoning Ordinance, as long as construction is completed under a valid building permit.
G.
Other Requirements May Still Apply. Nothing in this Zoning Ordinance eliminates the need for obtaining any permit, approval or entitlement required by other provisions of the Municipal Code or the regulations of any city department, or any county, regional, state, or federal agency.
H.
Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the city in compliance with the provisions of this Zoning Ordinance, after the effective date of this Zoning Ordinance or any applicable amendment. Any permit or license issued in conflict with this Zoning Ordinance shall be void.
I.
Errors and Omissions. No error in a resolution approving a permit, or an omission of a requirement of this Zoning Ordinance from a resolution or other approval, shall affect the applicant's obligation to comply with all applicable provisions of this Zoning Ordinance.
J.
Interpretation of Provisions, Conflicting Requirements. Rules for interpreting the provisions of this Zoning Ordinance and resolving conflicts between different provisions may be found in Section 19.03.020(C) (Rules of Interpretation - Conflicting Requirements).
K.
Exemptions. Neither this Zoning Ordinance nor any specific plan adopted pursuant to Chapter 19.68 shall apply to any of the following, if determined to be consistent with the General Plan by the Planning Commission, or by the City Council on appeal, at a duly noticed public hearing:
1.
Property owned, leased or licensed by the city when used for governmental purposes, city projects and city facilities. The exemption applies only for the duration of the city's ownership, lease or license of the property and only with respect to the property or portion of the property owned, leased or licensed by the city. Upon cessation of the city's interest in the property, the improvements shall either be removed, brought into conformance or declared legal nonconforming by the Planning Commission;
2.
Facilities or activities that are privately owned or operated but are subordinate and accessory to a city project or facility when approved by the City Council and found by the Council to be in the public interest; and
3.
Projects or facilities of the state or federal government for governmental purposes to the extent required by law.
(Ord. 01-594 § 2, 2001; Ord. 03-658 § 6 (1), 2003; Ord. 12-897 § 5, 2012; Ord. 19-1058 § 6, 2019; Ord. 24-16, 6/24/2024)
§ 19.02.010 Requirements for Development and Land Uses.
No use of land or structure shall be established, constructed, reconstructed, altered, allowed, demolished, or replaced unless the use of land or structure complies with the following requirements.
A.
Uses. Land uses shall be identified by Chapter 19.06 (Residential Zoning Districts), 19.10 (Commercial and Public Zoning Districts), or 19.14 (Overlay Zoning Districts), as being permitted, administratively or conditionally permitted, in the zoning district applied to the site. The Community Development Director may determine whether a particular land use is allowable, in compliance with Section 19.03.020(F) (Rules of Interpretation - Allowable Uses of Land).
B.
Permit Requirements. Any land use permit or other approval required by this Zoning Ordinance shall be obtained before the proposed use is constructed, otherwise established or put into operation, or a demolition occurs, unless the proposed use is listed in, and in compliance with, Section 19.02.020 (Exemptions from Land Use Permit Requirements). The land use permit requirements of this Zoning Ordinance are established by Chapters 19.06 (Residential Zoning Districts), 19.10 (Commercial and Public Zoning Districts), and 19.14 (Overlay Zoning Districts).
C.
Development Standards. The use of land and/or structures shall comply with all other applicable requirements of this Zoning Ordinance, including the development standards of Article 19-2 (Zoning Districts and Allowable Land Uses), and the provisions of Article 19-3 (Site Planning and General Development Standards), except where a Variance is granted in compliance with Chapter 19.60 (Variances and Modifications).
D.
Conditions of Approval. The use of land and structures shall comply with all conditions imposed by all previously granted, valid land use permits and other approvals.
E.
Legal Parcel. The use of land and structures shall only be established on a parcel of land which has been legally created in compliance with the Map Act and Title 20 (Subdivisions) of the Municipal Code, as applicable at the time the parcel was created.
§ 19.02.020 Exemptions from Land Use Permit Requirements.
The land use permit requirements of this Zoning Ordinance do not apply to the activities, land uses, and structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.
A.
General Requirement for Exemption. The activities, land uses, and structures identified in subsection (B), below, are exempt from the land use permit requirements of this Zoning Ordinance only when:
1.
The activity or use is established and operated in compliance with all applicable development standards of Articles 19-2 (Zoning Districts and Allowable Land Uses) and 19-3 (Site Planning and General Development Standards); and
B.
Exempt Activities and Uses. The following activities, land uses, and structures are exempt from the land use permit requirements of this Zoning Ordinance when in compliance with subsection (A), above.
1.
Antennas. Satellite broadcast receiving antennas of one meter (39.37 inches) or less in diameter. Other satellite antennas, cellular telephone antennas, and similar facilities are subject to Section 19.36.350 (Telecommunications Facilities).
2.
Decks and Paths. Decks, platforms, and on-site paths that are not required to have a building permit or grading permit by Title 8 (Building Code) of the Municipal Code, when these improvements comply with all the following requirements:
a.
Do not exceed 12 inches above ground level;
b.
Do not extend above the level of the first floor;
c.
Project into required yard setbacks only to the extent allowed by Section 19.20.150 (Setback Measurement and Projections into Yards);
d.
Do not exceed any applicable site coverage requirements;
e.
Are not part of a project requiring the approval of a use permit or other discretionary land use permit application; and
f.
Paths are not wider than five feet.
3.
Minor Residential Accessory Structures. Play equipment, clotheslines, and portable storage sheds under 120 square feet in roof area, outside of required front yard setbacks and within residential zoning districts.
4.
Portable Spas, Hot Tubs, and Fish Ponds. Portable spas and hot tubs, and fish ponds, outside of required front yard setbacks and within residential zones that do not:
a.
Exceed 120 square feet in total area, including related equipment;
b.
Contain more than 2,000 gallons of water; and
c.
Exceed three feet in depth.
These facilities shall comply with the side and rear setback requirements established by Article 19-2 (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or Section 19.36.300 (Residential Uses - Residential Accessory Uses and Structures), where applicable. |
5.
Repairs and Maintenance. Ordinary repairs and maintenance to other than designated historic buildings, if the work does not result in:
6.
Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, or electric supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, and hydrants), but not including structures, shall be permitted in any zoning district.
(Ord. 01-594 § 2, 2001; Ord. 03-658 § 6 (2), 2003; Ord. 08-794 § 6, 2008)
§ 19.02.030 Temporary Uses and Events.
Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are set forth in Chapter 19.54 (Temporary Use and Special Event Permits).
(Ord. 01-594 § 2, 2001)
§ 19.02.040 Additional Permits or Approvals may be Required.
An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain:
A.
Other permits required by the West Hollywood Municipal Code, including other land use permits, building permits, grading permits, construction permits, business licenses or permits, subdivision approval, or encroachment permits, all as may be appropriate.
B.
Any other permits required by any special district, or any regional, state or federal agency.
All necessary permits shall be obtained before starting work or establishing new uses. |
(Ord. 01-594 § 2, 2001)
§ 19.03.010 Purpose of Chapter.
This chapter provides rules for resolving questions about the meaning or applicability of any requirement of this Zoning Ordinance. The rules provided in this chapter are intended to ensure the consistent interpretation and application of the provisions of this Zoning Ordinance and the General Plan.
(Ord. 01-594 § 2, 2001)
§ 19.03.020 Rules of Interpretation.
A.
Authority. The Community Development Director has the responsibility and authority to interpret the requirements of this Zoning Ordinance.
B.
Language.
1.
Terminology. When used in this Zoning Ordinance, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" shall mean "including but not limited to . . ."
2.
Number of Days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.
3.
Minimum Requirements. In interpreting, analyzing, and applying the provisions of this Zoning Ordinance, unless otherwise stated, they shall be held to be the minimum requirements for promotion of public health, safety, peace, comfort, and general welfare. Discretionary decisions required by this Zoning Ordinance may include the imposition of conditions and standards that are stricter than those required by this Zoning Ordinance.
4.
State Law Requirements. Where this Zoning Ordinance references provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the current state law provisions, as they may be amended from time to time.
C.
Calculations - Rounding. Whenever this Zoning Ordinance requires consideration of distances, parking spaces, or other aspects of development or the physical environment expressed in numerical quantities that are fractions of whole numbers, the numbers shall be rounded to the next higher whole number when the fraction is 0.5 or more, and to the next lower whole number when the fraction is less than 0.5, except as otherwise noted in this Zoning Ordinance.
1.
In the case of calculating the maximum numbers of dwelling units allowed for a specified unit of land, numerical quantities that are fractions of whole numbers shall be rounded to the next lower whole number for development projects that contain dwelling units to be sold or rented at market rates, and rounded to the next higher whole number for projects which include affordable units.
D.
Conflicting Requirements. Any conflicts between different requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations or requirements, shall be resolved as follows.
1.
Zoning Ordinance Provisions. If conflicts occur between different requirements within this Zoning Ordinance, the least restrictive regulation shall control; provided, however, that in any conflict between the zoning district regulations of Article 19-2 (Zoning Districts and Allowable Land Uses), and the provisions of Article 19-3 (Site Planning and General Development Standards), the provisions of Article 19-3 shall control.
2.
Specific Plans. In the event of any conflict between the requirements of this Zoning Ordinance and standards adopted as part of any specific plan, the requirements of the specific plan shall control.
3.
Development Agreements. In the event of a conflict between a standard contained in a development agreement and a standard in the Zoning Ordinance in effect at the time the development agreement was approved, the more restrictive requirement shall control.
4.
Municipal Code Provisions. In the event of any conflict between requirements of this Zoning Ordinance and other regulations of the city, the more restrictive shall apply.
5.
Private Agreements. It is not intended that the requirements of this Zoning Ordinance interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective or was amended. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction. The city may not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E.
Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official Zoning Map, the Community Development Director shall determine the location of the boundary based on the public record of adoption by the Council.
F.
Allowable Uses of Land. If a proposed use of land is not specifically listed in Section 19.06.030 (Residential Zoning District Land Uses and Permit Requirements), or in Section 19.10.030 (Commercial and Public District Land Uses and Permit Requirements), the use shall not be allowed, except as follows.
1.
Similar Uses Allowed. The Community Development Director may determine that a proposed use not listed in Article 19-2 is allowable if all of the following findings are made:
2.
Applicable Standards and Permit Requirements. When the Community Development Director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Zoning Ordinance apply.
3.
Planning Commission Determination. The Community Development Director may forward questions about similar uses directly to the Planning Commission for a determination at a public meeting. Determinations by the Community Development Director may be appealed to the Planning Commission in compliance with Chapter 19.76 (Appeals).
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 1, 2003; Ord. 07-763 § 6, 2007; Ord. 18-1044 § 7, 2018; Ord. 19-1058 §§ 8 – 10, 2019; Ord. 19-1072 § 7, 2019; Ord. 24-16, 6/24/2024)
§ 19.03.030 Procedures for Interpretations.
Whenever the Community Development Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation. The Director shall issue an interpretation when requested to do so in compliance with this section.
A.
Request for Interpretation. A request shall be in writing, and shall specifically state the provisions in question, and provide any information that may assist in the review of the request.
B.
Timing, Findings, Basis for Interpretation. The Community Development Director shall issue a written interpretation within 60 days of the filing of a written request for an interpretation, or within that time shall refer the request to the Commission in compliance with subsection (D). The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan.
C.
Record of Interpretations. Official interpretations shall be:
1.
Written, and shall quote the provisions of this Zoning Ordinance being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
2.
Distributed to the Council, Planning Commission, City Attorney, City Clerk, Historic Preservation Commission, and Community Development Department staff.
Any provisions of this Zoning Ordinance that are determined by the Community Development Director to need refinement or revision should be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments can occur, the Community Development Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation. |
D.
Referral of Interpretation. The Community Development Director may forward any interpretation or determination of the meaning or applicability of any provision of this Zoning Ordinance directly to the Planning Commission for a determination at a public meeting.
E.
Appeals. Any interpretation of this Zoning Ordinance by the Community Development Director may be appealed to the Planning Commission, any interpretation by the Planning Commission may be appealed to the Council, and any interpretation of Chapter 19.58 (Cultural Heritage Preservation) by the Community Development Director may be appealed to the Historic Preservation Commission, whose interpretation may be appealed to the Council, in compliance with Chapter 19.76 (Appeals).