A. Maintenance, Repair, and Alterations. A nonconforming structure
may be continuously maintained and repaired. Alterations without expansion
are permitted if they improve the appearance or stability of the structure.
B. Expansions. A nonconforming structure may be expanded, provided
that the expansion complies with all applicable provisions of this
Zoning Ordinance. Single-family dwellings and duplexes may expand
up to 500 square feet without having to bring the entire structure
into compliance with the Zoning Ordinance. The expansion of a nonconforming
structure may exceed the density and height restrictions of this Zoning
Ordinance in the following cases.
1. The
enclosure of an existing balcony or balconies of a multi-family residential
unit, provided that the resulting unit meets the private open space
requirements of this Zoning Ordinance, is designed to be compatible
with the architecture of the building, and is authorized by administrative
permit approval.
2. Building
height limits, but not including floor area ratio or maximum lot coverage
provisions, provided such addition or expansion is developed pursuant
to height requirements of this article. Notwithstanding the above,
the expansion of a non-conforming structure may exceed the density
and height restrictions of this Zoning Ordinance in the following
cases:
a. The enclosure of an existing balcony or balconies of a multi-family
residential unit, provided that the resulting unit meets the private
open space requirements of this Zoning Ordinance, is designed to be
compatible with the architecture of the building and is authorized
by administrative permit approval. All additions to units that are
within a common interest development shall also require a letter of
approval from that development's homeowners' association.
b. The utilization of Section 19.28.040(B)(5) to add additional floor
area to buildings constructed prior to November 29, 1984.
c. The addition of up to 500 square feet of floor area on the ground
level at the front of a commercial building, with or without required
parking for the addition, if authorized by the Planning Commission
through a development permit. A project approved under this provision
must:
(1) Bring the front of the building to within 10 feet of the property
line;
(2) Increase conformity with design standards for commercial buildings;
and
(3) Not exacerbate a parking deficiency in the area.
3. The
addition of up to 500 square feet of floor area on the ground level
at the front of a commercial building and waiver of required parking
for the addition, provided that the Planning Commission finds that
the project:
a. Brings the front of the building to within 10 feet of the public
sidewalk;
b. Increases conformity with design standards for commercial buildings;
and
c. Does not exacerbate a parking deficiency in the area.
C. Reconstruction after Damage or Destruction. A nonconforming
structure that is damaged or destroyed by fire, earthquake, or other
calamity beyond the control of the property owner may be reconstructed
in compliance with the Building Code, as follows.
1. Multi-Family
Residential Structures. A structure containing two or more dwelling
units may be reconstructed provided that:
a. The replacement structure contains at least the same number of dwelling
units and floor area as the damaged structure;
b. The replacement structure complies with all other applicable provisions
of this Zoning Ordinance to the maximum extent feasible;
c. Reconstruction or rebuilding of the structure will not be detrimental or injurious to the health, safety, or general welfare of the persons residing or working in the neighborhood, or will not be detrimental or injurious to the property and improvements in the neighborhood. The provisions of Chapter
19.32 of the West Hollywood Municipal Code shall apply to the replacement structure;
d. A complete application for reconstruction is submitted within 12
months of the date of damage, and reconstruction is commenced within
180 days of land use permit approval; and
e. Reconstruction, restoration, or rebuilding of a multi-family dwelling
or duplex may be prohibited if the Review Authority finds that the
reconstruction, restoration, or rebuilding will be detrimental or
injurious to the health, safety, or general welfare of persons residing
or working in the neighborhood, or will be detrimental or injurious
to property and improvements in the neighborhood.
2. Single-Family
Dwellings and Non-Residential Structures. A damaged single-family
dwelling or non-residential structure may be reconstructed as follows.
a. Less Than 50 Percent Destruction. A structure with 50 percent or
more of the total length of its original exterior walls remaining
in place after the damaging event, requiring no replacement, may be
reconstructed provided that:
(1) The reconstructed structure occupies the same footprint or decreases
the nonconformity of the structure, and is of no greater height than
the original structure; and
(2) A complete application for reconstruction is submitted within 12
months of the date of damage, and reconstruction is commenced within
180 days of land use permit approval.
b. More Than 50 Percent Destruction. A structure that is damaged so
that more than 50 percent of the total length of its exterior walls
must be replaced, may also be reconstructed provided that:
(1) The structure must be rebuilt to comply with the city's design standards
to the extent feasible;
(2) Any non-residential structure shall be set back no more than three
feet from the front property line;
(3) The reconstructed structure shall be provided at least as much parking
as previously existed and as much as determined the Community Development
Director to be feasible.
D. Replacement After Demolition. A nonconforming structure that is demolished to an extent greater than described in subsection
(C), shall be replaced only with a structure that complies with all applicable provisions of this Zoning Ordinance.
(Ord. 01-594 § 2, 2001; Ord. 02-619 § 5, 2002; Ord. 02-643 §§ 60 –
62, 2003; Ord. 14-940 § 37,
2014; Ord. 19-1058 §§ 235,
236, 2019; Ord. 24-16, 6/24/2024)
A. Maintenance and Repair. A nonconforming sign may be continuously
maintained and repaired.
B. Allowable Changes. A nonconforming sign shall not be altered
or expanded, except that the sign face or sign copy may be changed
at any time as long as there is no change to the sign area or height,
or the angle of the sign or its situation on the site, and the supporting
structure is not removed.
C. Reconstruction or Replacement. A nonconforming on-premises
sign that is voluntarily removed, or accidentally destroyed shall
be replaced only with a sign which conforms with all applicable provisions
of this Zoning Ordinance. Off-premises signs other than those within
the SSP zoning district shall not be replaced after removal.
D. Amortization and Correction or Removal Required.
1. Time
Limit. Any sign that was nonconforming at the time of, or became nonconforming
because of the provisions of this Zoning Ordinance and remains nonconforming
shall be removed by May 2, 2004.
2. Extension of Time Limit. The amortization schedule established by this section may be reviewed and extended as follows. The time limits established by Section
19.72.050(C) for the termination of a nonconforming use after discontinuance are not subject to these extension provisions.
a. Application and Procedure. A required amortization schedule may be extended only through conditional use permit approval (Chapter
19.52). In addition to the information required for a conditional use permit application by Section
19.52.030, a request for extension of an amortization schedule shall also include documentation provided by the applicant to substantiate that the nonconforming use does not, and will not during the requested extension period:
(1) Endanger, jeopardize, or otherwise constitute a menace to the public
health, safety, or general welfare; or
(2) Be detrimental to the use and enjoyment of the property of other
persons located in the vicinity of the site.
b. Time for Filing. The Planning and Development Services Department
may accept the application for an extension either before or after
the required date for discontinuance of the nonconforming use or sign.
c. Findings for Approval. The approval of a conditional use permit to
extend the amortization period for a sign shall require that the review
authority first find that:
(1) Additional time is required for the investment in the sign to be
amortized; and
(2) The sign does not detract from the pedestrian character of the street
and has some quality that contributes to the goal of identifying West
Hollywood as the Creative City.
E. Designated Historic Signs. Designated historic signs shall
not be considered nonconforming for the purposes of this section.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 237, 2019)
A. Allowable Changes.
1. Enlargement
or Expansion. A nonconforming use shall not be enlarged or increased
to occupy a greater floor area or portion of the site than it lawfully
occupied before becoming a nonconforming use. Alterations which do
not increase or enlarge a nonconforming use may be approved.
2. Extended
Hours. The hours of business for a nonconforming use other than vehicle
repair may be expanded to operate under extended business hours through
minor conditional use permit approval.
B. Re-Use After Damage or Destruction. A nonconforming use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity may be re-established with conditional use permit approval (the reconstruction of a nonconforming structure is subject to the provisions of Section
19.72.030 (Nonconforming Structures)), provided that a multi-family residential use shall comply with Section 19.72.030(C)(1) (Multi-Family Residential Structures).
C. Discontinued Use. A nonconforming use that is voluntarily
discontinued or has ceased operations for one year or more shall not
be re-established on the site. Any further use of the site shall comply
with all applicable provisions of this Zoning Ordinance.
D. Replacement After Demolition. A nonconforming use which
occupies a structure that is voluntarily demolished shall be replaced
only with a use that complies with all applicable provisions of this
Zoning Ordinance.
E. Vehicle Repair Use. Any vehicle repair use that does not conform with the development standards in Section
19.36.370 (Vehicle Repair Shops) shall be discontinued and removed from the site by May 2, 2004. Any use of the site after that date shall comply with all applicable standards.
F. Existing Service Station Use. All lawfully developed and
operating service station uses in existence prior to October 17, 2022
or service station uses not yet developed and/or operating but subject
to an approved and unexpired use permit.
1. Existing service station uses and accessory structures (e.g., storage tanks, pumps, dispensers) related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel may not be added, enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied. See Section
19.36.330 for existing service stations standards and allowable and prohibited uses.
G. Nonconforming Due to Lack of Conditional Use Permit. A use
that is nonconforming due to the lack of a conditional use permit
may continue only to the extent that it previously existed (e.g.,
floor or site area occupied by the use, hours of operation). Any change
shall require conditional use permit approval.
H. Previous Conditional Use Permits In Effect. A use that was established with conditional use permit approval but is a use no longer allowed by this Zoning Ordinance within the applicable zoning district may continue in operation, but only in compliance with all provisions of the original conditional use permit. Modification of such use may be permitted as long as the proposed change complies with Section
19.72.050(A) and the use is approved pursuant to Section
19.52.020(A). If the conditional use permit specified a termination date, the use shall be discontinued in compliance with that termination date.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 63, 2003; Ord. 22-1189 § 9, 2022; Ord. 22-1190 § 13, 2022)