City of West Hollywood, CA NONCONFORMING USES, STRUCTURES, SIGNS, AND PARCELS

§ 19.72.010 Purpose of Chapter.

This chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the city that were lawfully established, constructed, or subdivided before the adoption or amendment of this Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Ordinance or future amendments thereto.

It is the intent of this chapter to encourage the continuing improvement of the city by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.

(Ord. 01-594 § 2, 2001)

§ 19.72.020 Applicability.

Nonconforming Uses, Structures, and Parcels. Nonconforming uses, structures, and parcels within the city may continue to be used, and may be maintained, altered, expanded, reconstructed, or replaced only as provided by this chapter.

City Properties. Any property with a nonconforming structure owned in whole or part by the City of West Hollywood may continue to be used, and may be altered or expanded if the alterations, additions, or extensions do not extend beyond the boundaries of the original site. Nothing in this chapter shall be construed to require the discontinuance, or removal of a city-or county-owned nonconforming structure.

Illegal Uses, Structures, and Signs. Uses, structures, and signs which did not comply with the applicable provisions of the West Hollywood Municipal Code or prior Los Angeles County regulations when established, are in violation of this Zoning Ordinance and are subject to the provisions of Chapter 19.80 (Enforcement). This chapter does not grant any right to continue the use or occupancy of property containing an illegal use or structure.

Status of Designated Cultural Resource. Designated cultural resources shall not be considered nonconforming or illegal for purposes of maintenance and upkeep. No designated historic sign shall be required to be removed in compliance with Sections 19.34.130 (Abandoned Signs) and 19.34.140 (Illegal Signs), or Section 19.72.040 (Nonconforming Signs).

Nuisance Abatement. In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action may be taken by the city, in compliance with Chapter 1.32 of the West Hollywood Municipal Code (Abatement of Nuisances).

(Ord. 01-594 § 2, 2001)

§ 19.72.030 Nonconforming Structures.

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.

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.

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:

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.

The utilization of Section 19.28.040(B)(5) to add additional floor area to buildings constructed prior to November 29, 1984.

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.

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:

Brings the front of the building to within 10 feet of the public sidewalk;

Increases conformity with design standards for commercial buildings; and

Does not exacerbate a parking deficiency in the area.

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.

Multi-Family Residential Structures. A structure containing two or more dwelling units may be reconstructed provided that:

The replacement structure contains at least the same number of dwelling units and floor area as the damaged structure;

The replacement structure complies with all other applicable provisions of this Zoning Ordinance to the maximum extent feasible;

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;

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

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.

Single-Family Dwellings and Non-residential Structures. A damaged single-family dwelling or non-residential structure may be reconstructed as follows.

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.

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 Planning and Development Services Director to be feasible.

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)

§ 19.72.040 Nonconforming Signs.

Maintenance and Repair. A nonconforming sign may be continuously maintained and repaired.

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.

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.

Amortization and Correction or Removal Required.

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.

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.

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.

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.

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.

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)

§ 19.72.050 Nonconforming Uses.

Allowable Changes.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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)

§ 19.72.060 Nonconforming Parcels.

Allowed Use of a Nonconforming Parcel. A parcel that does not comply with the applicable requirements of this Zoning Ordinance for minimum lot area, dimensions, or access, shall be considered to be a legal building site for the purposes of development or the establishment of a new land use only if:

The parcel was a legal lot of record on November 29, 1984; and

The parcel has a Certificate of Compliance.

Development and Use Standards. Any proposed development or use of a nonconforming parcel shall comply with all applicable requirements of this Zoning Ordinance.

Further Division Prohibited. A nonconforming parcel shall not be further subdivided, and its boundaries may be changed through lot line adjustment only if the extent of the nonconformity remains unchanged or is reduced.

(Ord. 01-594 § 2, 2001)