Chapter 19.42 — ZONE CLEARANCES

A zone clearance is a ministerial permit that is used by the department to verify that a proposed structure or land use activity complies with the list of permitted activities allowed in the applicable zoning district, the development standards applicable to each type of use, and any conditions of approval of permits previously issued for the subject site. (Ord. 01-594 § 2, 2001)

• A. When Required. A zone clearance shall be required as part of department review of any construction permit, change in business tenant, or other authorization required by the municipal code for the proposed use. A zone clearance shall also be required to authorize:

  1. A change of use that does not require more parking than the previous use;

  2. An addition to any structure other than a single-family home or duplex, or an addition to any detached accessory structure, that does not exceed 500 square feet, and maintains the same architectural character or theme, as limited by subsection (B);

  3. An addition to the first floor of a single-family home or duplex that does not exceed 500 square feet and maintains the same architectural character or theme, as limited by subsection (B);

  4. An exterior alteration that maintains the same architectural character or theme (see Section 19.44.020, Administrative Permits – Applicability);

  5. An alteration solely for the purpose of increasing access for disabled persons or to comply with local, state, or federal regulations concerning handicapped accessibility;

  6. Reduction in the number of residential units;

  7. Any detached accessory structure serving a residential use that does not exceed 500 square feet and maintains the same architectural character or theme;

  8. Construction of a fence or any other structure that does not require a building permit or any other item regulated by the Zoning Ordinance;

  9. Solar energy systems, collectors and panels;

  10. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit, as authorized by Section 19.36.310;

  11. Electric vehicle charging stations and electric vehicle charging sites, and any associated equipment;

  12. Re-roofing that can be seen from street (not required for flat roof).

  13. Two unit projects, as further regulated by Section 19.36.325.

• B. Limitation on Use of Zone Clearance. Only one zone clearance shall be allowed within any

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City of West Hollywood, CA

ZONING ORDINANCE

§ 19.42.020

§ 19.42.040

three-year period for an expansion in floor area. The only exception is for expansions or alterations solely for the purpose of increasing access for disabled persons or to comply with local, state, or federal regulations concerning handicapped accessibility. Any additional expansion within three years shall require a development permit, in compliance with Chapter 19.48.

(Ord. 01-594 § 2, 2001; Ord. 02-643 § 40, 2003; Ord. 07-773 § 8, 2007; Ord. 08-794 § 9, 2008; Ord. 14-930 § 1, 2014; Ord. 18-1021 § 13, 2018; Ord. 19-1072 § 14, 2019; Ord. 22-1181 § 10, 2022; Ord. 24-37U, 12/16/2024; Ord. 25-12, 7/7/2025)

• A. Community Development Director's Action. The Community Development Director may issue a zone clearance only after determining that the request complies with all applicable standards and provisions for the category of use in the zoning district of the subject parcel, in compliance with this Zoning Ordinance.

• B. Minor Zone Clearances. An on-site inspection is not required for zone clearances for projects determined by the Director to be uncomplicated and for which the submitted application materials clearly comply with all applicable requirements of this Zoning Ordinance.

• C. Major Zone Clearances. For projects determined by the Community Development Director to potentially not comply with all applicable requirements of this Zoning Ordinance, or which are proposed on sites or in areas of the city with known problems, the Community Development Director shall perform an on-site inspection of the site before determining that the request complies with all applicable provisions of this Zoning Ordinance.

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 172, 2019; Ord. 24-16, 6/24/2024)

• A. Decisions of the Director may be appealed in compliance with Chapter 19.76 (Appeals). The procedures of Chapter 19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the issuance of a zone clearance.

• B. Construction Mitigation. Prior to receiving a Building Permit, the applicant shall submit a Minor Construction Mitigation Period Plan on a form provided by the Community Development Director, demonstrating compliance with the applicable construction mitigation standards in this Code.

• C. Deed Restriction. Unless otherwise authorized by subsection 19.36.310(D)(4) of this Code, prior to issuance of a certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit, a deed restriction shall be recorded with the County Recorder's Office in a form acceptable to the City Attorney and shall include a prohibition on the sale of the accessory dwelling unit or junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

• D. Two-Unit Project. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements, as necessary. Notwithstanding other provisions of this Code, approval of two-unit projects is ministerially reviewed and approved by the Community

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City of West Hollywood, CA § 19.42.040

WEST HOLLYWOOD CODE

§ 19.42.040

Development Director pursuant to Section 19.36.325(E)(1). (Ord. 01-594 § 2, 2001; Ord. 15-952 § 8, 2015; Ord. 18-1021 § 13, 2018; Ord. 19-1058 § 173, 2019; Ord. 19-1097 § 8, 2020; Ord. 22-1181 § 11, 2022; Ord. 24-16, 6/24/2024)

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City of West Hollywood, CA