Chapter 19.03 — INTERPRETATION OF ZONING ORDINANCE PROVISIONS

This chapter provides rules for resolving questions about the meaning or applicability of any requirement of this Zoning Ordinance. The rules provided in this chapter are intended to ensure the consistent interpretation and application of the provisions of this Zoning Ordinance and the General Plan.

(Ord. 01-594 § 2, 2001)

• A. Authority. The Community Development Director has the responsibility and authority to interpret the requirements of this Zoning Ordinance.

• B. Language.

  1. Terminology. When used in this Zoning Ordinance, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" shall mean "including but not limited to . . ."

  2. Number of Days. Whenever a number of days is specified in this Zoning Ordinance, or in any permit, condition of approval, or notice issued or given as provided in this Zoning Ordinance, the number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.

  3. Minimum Requirements. In interpreting, analyzing, and applying the provisions of this Zoning Ordinance, unless otherwise stated, they shall be held to be the minimum requirements for promotion of public health, safety, peace, comfort, and general welfare. Discretionary decisions required by this Zoning Ordinance may include the imposition of conditions and standards that are stricter than those required by this Zoning Ordinance.

  4. State Law Requirements. Where this Zoning Ordinance references provisions of state law (e.g., the California Government Code, Subdivision Map Act, Public Resources Code, etc.), the reference shall be construed to be to the current state law provisions, as they may be amended from time to time.

• C. Calculations - Rounding. Whenever this Zoning Ordinance requires consideration of distances, parking spaces, or other aspects of development or the physical environment expressed in numerical quantities that are fractions of whole numbers, the numbers shall be rounded to the next higher whole number when the fraction is 0.5 or more, and to the next lower whole number when the fraction is less than 0.5, except as otherwise noted in this Zoning Ordinance.

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City of West Hollywood, CA § 19.03.020

WEST HOLLYWOOD CODE

§ 19.03.020

1. In the case of calculating the maximum numbers of dwelling units allowed for a specified unit of land, numerical quantities that are fractions of whole numbers shall be rounded to the next lower whole number for development projects that contain dwelling units to be sold or rented at market rates, and rounded to the next higher whole number for projects which include affordable units.

2. All calculations to determine the required number of affordable housing units and allowed bonus units pursuant to Chapter 19.22 shall be rounded to the next higher whole number, and based on the whole number determined in Section 19.03.020(C)(1).

• D. Conflicting Requirements. Any conflicts between different requirements of this Zoning Ordinance, or between this Zoning Ordinance and other regulations or requirements, shall be resolved as follows.

  1. Zoning Ordinance Provisions. If conflicts occur between different requirements within this Zoning Ordinance, the least restrictive regulation shall control; provided, however, that in any conflict between the zoning district regulations of Article 19-2 (Zoning Districts and Allowable Land Uses), and the provisions of Article 19-3 (Site Planning and General Development Standards), the provisions of Article 19-3 shall control.

  2. Specific Plans. In the event of any conflict between the requirements of this Zoning Ordinance and standards adopted as part of any specific plan, the requirements of the specific plan shall control.

  3. Development Agreements. In the event of a conflict between a standard contained in a development agreement and a standard in the Zoning Ordinance in effect at the time the development agreement was approved, the more restrictive requirement shall control.

  4. Municipal Code Provisions. In the event of any conflict between requirements of this Zoning Ordinance and other regulations of the city, the more restrictive shall apply.

  5. Private Agreements. It is not intended that the requirements of this Zoning Ordinance interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Zoning Ordinance became effective or was amended. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction. The city may not enforce any private covenant or agreement unless it is a party to the covenant or agreement.

  6. Overlay District. In the event of a conflict between the provisions of an overlay district (Chapter 19.14) and a provision of this Zoning Ordinance, the provisions of the overlay district shall control.

  7. Green Building Provisions. Notwithstanding the above, in the event of any conflict between requirements of the Green Building Provisions in Section 19.20.060 and any other applicable provision of the West Hollywood Municipal Code, the more restrictive shall apply.

• E. Zoning Map Boundaries. If there is uncertainty about the location of any zoning district

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City of West Hollywood, CA

ZONING ORDINANCE

§ 19.03.020

§ 19.03.030

boundary shown on the official Zoning Map, the Community Development Director shall determine the location of the boundary based on the public record of adoption by the Council.

• F. Allowable Uses of Land. If a proposed use of land is not specifically listed in Section 19.06.030 (Residential Zoning District Land Uses and Permit Requirements), or in Section 19.10.030 (Commercial and Public District Land Uses and Permit Requirements), the use shall not be allowed, except as follows.

1. Similar Uses Allowed. The Community Development Director may determine that a proposed use not listed in Article 19-2 is allowable if all of the following findings are made:

   2. Applicable Standards and Permit Requirements. When the Community Development Director determines that a proposed, but unlisted, use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Zoning Ordinance apply.

   3. Planning Commission Determination. The Community Development Director may forward questions about similar uses directly to the Planning Commission for a determination at a public meeting. Determinations by the Community Development Director may be appealed to the Planning Commission in compliance with Chapter 19.76 (Appeals).

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 1, 2003; Ord. 07-763 § 6, 2007; Ord. 18-1044 § 7, 2018; Ord. 19-1058 §§ 8 – 10, 2019; Ord. 19-1072 § 7, 2019; Ord. 24-16, 6/24/2024)

Whenever the Community Development Director determines that the meaning or applicability of any of the requirements of this Zoning Ordinance are subject to interpretation generally, or as applied to a specific case, the Director may issue an official interpretation. The Director shall issue an interpretation when requested to do so in compliance with this section.

• A. Request for Interpretation. A request shall be in writing, and shall specifically state the provisions in question, and provide any information that may assist in the review of the request.

• B. Timing, Findings, Basis for Interpretation. The Community Development Director shall issue a written interpretation within 60 days of the filing of a written request for an interpretation, or within that time shall refer the request to the Commission in compliance with subsection (D). The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the General Plan.

• C. Record of Interpretations. Official interpretations shall be:

  1. Written, and shall quote the provisions of this Zoning Ordinance being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

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City of West Hollywood, CA § 19.03.030

WEST HOLLYWOOD CODE

§ 19.03.030

2. Distributed to the Council, Planning Commission, City Attorney, City Clerk, Historic Preservation Commission, and Community Development Department staff.

Any provisions of this Zoning Ordinance that are determined by the Community Development Director to need refinement or revision should be corrected by amending this Zoning Ordinance as soon as is practical. Until amendments can occur, the Community Development Director will maintain a complete record of all official interpretations, available for public review, and indexed by the number of the section that is the subject of the interpretation.

• D. Referral of Interpretation. The Community Development Director may forward any interpretation or determination of the meaning or applicability of any provision of this Zoning Ordinance directly to the Planning Commission for a determination at a public meeting.

• E. Appeals. Any interpretation of this Zoning Ordinance by the Community Development Director may be appealed to the Planning Commission, any interpretation by the Planning Commission may be appealed to the Council, and any interpretation of Chapter 19.58 (Cultural Heritage Preservation) by the Community Development Director may be appealed to the Historic Preservation Commission, whose interpretation may be appealed to the Council, in compliance with Chapter 19.76 (Appeals).

• (Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003; Ord. 19-1058 § 11, 2019; Ord. 24-16, 6/24/ 2024)

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City of West Hollywood, CA