Chapter 19.02 — DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS

No use of land or structure shall be established, constructed, reconstructed, altered, allowed, demolished, or replaced unless the use of land or structure complies with the following requirements.

• A. Uses. Land uses shall be identified by Chapter 19.06 (Residential Zoning Districts), 19.10 (Commercial and Public Zoning Districts), or 19.14 (Overlay Zoning Districts), as being permitted, administratively or conditionally permitted, in the zoning district applied to the site. The Community Development Director may determine whether a particular land use is allowable, in compliance with Section 19.03.020(F) (Rules of Interpretation - Allowable Uses of Land).

• B. Permit Requirements. Any land use permit or other approval required by this Zoning Ordinance shall be obtained before the proposed use is constructed, otherwise established or put into operation, or a demolition occurs, unless the proposed use is listed in, and in compliance with, Section 19.02.020 (Exemptions from Land Use Permit Requirements). The land use permit requirements of this Zoning Ordinance are established by Chapters 19.06 (Residential Zoning Districts), 19.10 (Commercial and Public Zoning Districts), and 19.14 (Overlay Zoning Districts).

• C. Development Standards. The use of land and/or structures shall comply with all other applicable requirements of this Zoning Ordinance, including the development standards of Article 19-2 (Zoning Districts and Allowable Land Uses), and the provisions of Article 19-3 (Site Planning and General Development Standards), except where a Variance is granted in compliance with Chapter 19.60 (Variances and Modifications).

• D. Conditions of Approval. The use of land and structures shall comply with all conditions imposed by all previously granted, valid land use permits and other approvals.

• E. Legal Parcel. The use of land and structures shall only be established on a parcel of land which has been legally created in compliance with the Map Act and Title 20 (Subdivisions) of the Municipal Code, as applicable at the time the parcel was created.

• F. Development Agreements. The use of land and structures shall comply with all valid development agreements approved by the city in compliance with Chapter 19.66 (Development Agreements).

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 7, 2019; Ord. 24-16, 6/24/2024)

The land use permit requirements of this Zoning Ordinance do not apply to the activities, land uses, and structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.

• A. General Requirement for Exemption. The activities, land uses, and structures identified in subsection (B), below, are exempt from the land use permit requirements of this Zoning Ordinance only when:

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City of West Hollywood, CA

ZONING ORDINANCE

§ 19.02.020

§ 19.02.020

1. The activity or use is established and operated in compliance with all applicable development standards of Articles 19-2 (Zoning Districts and Allowable Land Uses) and 19-3 (Site Planning and General Development Standards); and

2. Any permit or approval required by regulations other than this Zoning Ordinance is obtained in compliance with Section 19.02.040 (Additional Permits or Approvals may be Required).

• B. Exempt Activities and Uses. The following activities, land uses, and structures are exempt from the land use permit requirements of this Zoning Ordinance when in compliance with subsection (A), above.

  1. Antennas. Satellite broadcast receiving antennas of one meter (39.37 inches) or less in diameter. Other satellite antennas, cellular telephone antennas, and similar facilities are subject to Section 19.36.350 (Telecommunications Facilities).

  2. Decks and Paths. Decks, platforms, and on-site paths that are not required to have a building permit or grading permit by Title 8 (Building Code) of the Municipal Code, when these improvements comply with all the following requirements:

     • a. Do not exceed 12 inches above ground level;

     • b. Do not extend above the level of the first floor;

     • c. Project into required yard setbacks only to the extent allowed by Section 19.20.150 (Setback Measurement and Projections into Yards);

     • d. Do not exceed any applicable site coverage requirements;

     • e. Are not part of a project requiring the approval of a use permit or other discretionary land use permit application; and

     • f. Paths are not wider than five feet.

  3. Minor Residential Accessory Structures. Play equipment, clotheslines, and portable storage sheds under 120 square feet in roof area, outside of required front yard setbacks and within residential zoning districts.

  4. Portable Spas, Hot Tubs, and Fish Ponds. Portable spas and hot tubs, and fish ponds, outside of required front yard setbacks and within residential zones that do not:

     • a. Exceed 120 square feet in total area, including related equipment;

     • b. Contain more than 2,000 gallons of water; and

     • c. Exceed three feet in depth.

These facilities shall comply with the side and rear setback requirements established by Article 19-2 (Zoning Districts and Allowable Land Uses) for the applicable zoning district, or Section 19.36.300 (Residential Uses - Residential Accessory Uses and Structures), where applicable.

5. Repairs and Maintenance. Ordinary repairs and maintenance to other than designated historic buildings, if the work does not result in:

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City of West Hollywood, CA § 19.02.020

WEST HOLLYWOOD CODE

§ 19.02.040

  - a. Any change in the architectural character or approved land use of the site or structure; 

  - b. The addition to, enlargement or expansion of the land use or structure; or 

  - c. The removal and replacement of a nonconforming structure (See Chapter 19.72, Nonconforming Uses, Structures, Signs, and Parcels). 

6. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, or electric supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, and hydrants), but not including structures, shall be permitted in any zoning district.

• (Ord. 01-594 § 2, 2001; Ord. 03-658 § 6 (2), 2003; Ord. 08-794 § 6, 2008)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are set forth in Chapter 19.54 (Temporary Use and Special Event Permits).

(Ord. 01-594 § 2, 2001)

An allowed land use that is exempt from a land use permit, or has been granted a land use permit, may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain:

• A. Other permits required by the West Hollywood Municipal Code, including other land use permits, building permits, grading permits, construction permits, business licenses or permits, subdivision approval, or encroachment permits, all as may be appropriate.

• B. Any other permits required by any special district, or any regional, state or federal agency.

All necessary permits shall be obtained before starting work or establishing new uses.

(Ord. 01-594 § 2, 2001)

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City of West Hollywood, CA