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)
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)
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)
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)