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.
E. Residential Conversion Projects. Residential conversion projects may retain, continue, or expand the use of nonconforming structures only as permitted by Section
19.36.400 and subject to applicable California Building and Fire Code compliance.
(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; Ord. 25-28, 12/15/2025)