Article 3 — ESTABLISHMENT OF ZONES; PERMITTED AND CONDITIONALLY PERMITTED USES

The city is divided into zones as described in the following articles of this chapter. (1962 Code § 10-102; amd. Ord. 76-O-1596, eff. 2-19-1976; Ord. 83-O-1882, eff. 3-31-1983; Ord. 96-O-2264, eff. 8-16-1996)

The following charts establish permitted uses and conditionally permitted uses in all residential zoning districts and zoning district overlays:

A. Single-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a single-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR SINGLE-FAMILY

RESIDENTIAL ZONING DISTRICTS AND ZONING DISTRICT OVERLAYS

Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a single-family residence, it is regulated as such and is subject to all regulations applied to residences in the single-family residential zone where it is located.

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community residential care facilities. Community residential care facilities shall comply with the requirements in section 10-3-2778 of this chapter.

3. A zoning clearance prior to the submittal of an application for building permit is required to verify the compliance of the community residential community care facility with the applicable requirements in section 10-32778 of this chapter.

4. Public educational institutions only.

B. Multiple-Family Residential Zones: Except as otherwise provided in this article, no lot, premises, building or portion thereof in a multiple-family residential zone shall be erected, constructed, built, altered, enlarged, built upon, used, or occupied for any purpose except:

ALLOWED USES AND PERMIT REQUIREMENTS FOR MULTIPLE-FAMILY RESIDENTIAL ZONES AND ZONING DISTRICT OVERLAYS

P = Permitted use

CUP = Conditional use permit

Notes:

1. Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a multiple-family residence, it is regulated as such and is subject to all regulations applied to residences in the multiple-family residential zone where it is located.

2. For the purposes of this section, residential care facilities for the elderly, as defined in state law, shall be treated the same as community residential care facilities. Community residential care facilities shall comply with the requirements in section 10-3-2778 of this chapter.

3. A zoning clearance prior to the submittal of an application for building permit is required to verify the compliance of the community residential community care facility with the applicable requirements in section 10-32778 of this chapter.

4. Except as provided in section 10-3-2754 of this chapter.

5. Uses allowed in the special needs housing overlay zone are in addition to any use allowed in the underlying zoning district.

6. If approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. (Ord. 17-O-2724, eff. 2-10-2017; amd. Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2894, eff. 6-7-2024; Ord. 24-O2904, eff. 1-3-2025; Ord. 25-O-2918, eff. 9-5-2025)

A. Permitted Uses: Uses for all nonresidential zones and zoning district overlays are listed in the article addressing each specific zone or zoning district overlay. Unless otherwise specified by the zoning district overlay or specific project approval, multi-family transient uses shall be prohibited.

B. Supportive Housing: Notwithstanding any of the restrictions applicable to nonresidential zoning districts, overlays (including the Mixed Use Overlay Zone in Article 18.7 of this chapter), and specific plans, if any such zone permits multi-family or mixed use development, supportive housing shall also be permitted. Action to approve such housing shall be taken within 60 days of a complete application being filed if the project has 50 or fewer units, and action shall be taken within 120 days of a complete applicable being filed if the project has more than 50 units. Supportive housing in nonresidential zones shall be permitted pursuant to the standards in section 10-3-1277 of this chapter. (Ord. 12-O-2633, eff. 11-23-2012; amd. Ord. 24-O-2904, eff. 1-3-2025; Ord. 25-O-2918, eff. 9-5-2025)

The zones, and the district that each encompasses, are shown on the "official zoning map of the city of Beverly Hills, January, 1962", a copy of which is on file in the office of the city clerk and is incorporated in this chapter by reference, and said map shall govern as to the outline of all zones shown thereon. Said map may be amended by ordinance from time to time.

Said map is intended to incorporate changes which have been made and provisions will have been modified since the adoption of the official zoning map dated August, 1954. Said map, as hereby adopted, is not intended to change any zone or change the zoning of any property but is intended to indicate the boundaries of the various zones and their locations in the city as heretofore established or hereafter established by ordinance and, in conjunction with the text of this chapter, to indicate the uses and regulations applicable to the various parcels of property in the city. Zones designated with an "X" indicate that the zoning of the particular area so designated has been submitted to and confirmed by a vote of the electors of the city. (1962 Code § 10-102; amd. Ord. 12-O-2633, eff. 11-23-2012)

Where uncertainty exists with respect to the boundaries of the zones shown on the zoning map, the following rules shall apply:

A. Streets, Alleys, Or Lot Lines As Boundaries: The zone boundaries are either streets, alleys, or lot lines of record, unless otherwise shown, and where the zone is indicated by hatchings or other markings on the zoning map to be approximately bounded by street, alley, or lot lines, such street, alley, or lot lines shall be construed to be the boundary of such zone.

B. Other Cases: Where the zone boundaries are not shown to be streets, alleys, or lot lines, and where the property has been or may hereafter be divided into blocks and lots, the zone boundaries shall be construed to be lot lines. Where the zone boundaries are indicated by hatchings or markings on the zoning map to be approximately bounded by lot lines, the lot lines shall be construed to be the boundary of the zone.

C. Unsubdivided Property: In unsubdivided property, the zone boundary lines on the zoning map shall be determined by the scale contained on such map, and where uncertainty exists, the zone boundary line shall be determined by the council upon written application, and record thereof shall be kept on file in the office of the council. (1962 Code § 10-103; amd. Ord. 12-O-2633, eff. 11-23-2012)

Notwithstanding any other provisions of this chapter to the contrary, a street or alley included on the official zoning map of the city, unless otherwise expressly indicated, shall be included as a part of the zone of the adjoining property on either side thereof. Where the street or alley serves as a boundary between two (2) or more different zones, the street or alley shall be considered included in the most restrictive zone so adjoining. Where a street or alley adjoins a park or other publicly owned property, the park or other publicly owned property shall be considered a part of the street or alley for the purposes of this section. (Ord. 1248, eff. 8-18-1966; amd. Ord. 12-O-2633, eff. 11-23-2012)

A. Fractional Ownership with Time-Based Occupancy Restriction: Unless approved by a specific plan, the fractional ownership of any real property located in the City shall be prohibited if such ownership includes any arrangement, schedule, plan, scheme, or similar device, whether by agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby an owner of the property or a fraction thereof, receives ownership rights in, or the right to occupy, inhabit, or otherwise use, the property for a period of time less than a full year. Fractional ownership arrangements meeting the foregoing criteria are referred to herein as "Prohibited Fractional Ownership Arrangements."

B. Request for City Council Hearing:

1. Any person with a fractional ownership of real property in the City who is threatened with enforcement of the prohibition on Prohibited Fractional Ownership Arrangements or to whom a compliance letter from Community Preservation is issued pursuant to this section may apply to the City Council for a hearing to review the time-based occupancy restrictions as applied against the real property with such fractional ownership.

2. Any person who believes that the prohibition on Prohibited Fractional Ownership Arrangements is not intended to apply to a specific type of fractional ownership arrangement at any time may apply to the City Council for a hearing to review the time-based occupancy restrictions contemplated by that specific existing or contemplated fractional ownership arrangement.

3. Any application for a City Council hearing shall be in writing and shall be received by the Community Development Department along with a processing fee as set by resolution of the City Council. Any hearing application filed pursuant to paragraph (1) of this section as a result of the issuance of a compliance letter from the City's Community Preservation division shall be received by the Community Development Department within thirty (30) days after the date of the compliance letter. Notice of any hearing held pursuant to this section shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines.

C. Required Finding for Exemption from Time-Based Occupancy Restrictions for Fractionally Owned Real Property: The prohibition on fractional ownership of real property with a time-based occupancy restriction shall not apply to the real property if the City Council makes the following findings after a hearing as provided in the foregoing paragraph B. above:

1. The fractional ownership of the real property is not the type of fractional ownership arrangement that the City Council intended to prohibit based on the specific facts and circumstances of the arrangement; and,

2. The fractional ownership arrangement will not disturb the stability of a residential neighborhood or residential building and will not adversely impact existing or future development, redevelopment, safety, and proper maintenance of the real property. (Ord. 23-O-2877, eff. 7-7-2023)