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19.90.020 Definitions of Specialized Terms and Phrases.

Alert: This item has been affected by: Ordinance 23-26, Ordinance 23-27. Visit the CodeAlert page for more information on pending legislation.

          As used in this Zoning Ordinance, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

          See also Section 19.03.020(B) (Rules of Interpretation - Language).

 

A.    Definitions, “A.”

          ABC, or ABC Department. The California (State) Department of Alcoholic Beverage Control.

          Abut, Abutting. To touch or join at an edge or border.

          Accessory Dwelling Unit. See Section 19.36.310 for definitions applicable to accessory dwelling units and junior accessory dwelling units.

          Accessory Manufacturing. Manufacturing activities accessory to a primary use (e.g., retail sales, etc.), including: fabric product manufacturing; electronics and equipment manufacturing; furniture/fixtures manufacturing and cabinet shops; glass product manufacturing; and metal products fabrication.

          Accessory Retail Uses. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industrial complexes.

          Accessory Structure. A structure that is physically detached from, secondary and incidental to, and commonly associated with the primary structure. See also “Accessory Uses and Structures, Residential.”

          Accessory Use. A use customarily incidental to, related and clearly subordinate to a principal use established on the same parcel, or within the same tenant space/business, which does not alter the principal use nor serve property other than the parcel or tenant space/business where the principal use is located.

          Accessory Uses and Structures, Residential. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property:

·           garages

·           gazebos

·           greenhouses

·           spas and hot tubs

·           storage sheds

·           swimming pools

·           tennis and other on-site sport courts

·           workshops

          Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include home satellite dish and other receiving antennas for earth-based TV and radio broadcasts; see “Telecommunications Facilities.”

          Adult Businesses. Any business which, because minors are excluded by virtue of their age as a prevailing business practice, is not customarily open to the general public, including, but not limited to, an adult arcade, adult bookstore, adult theater, bondage and discipline parlor, cabaret, love parlor, massage parlor, model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual novelty store, or any other similar use wherein the preponderant business is the offering of services, materials, and/or products which have as their dominant theme the sexual arousal, sexual gratification, and/or sexual stimulation of a customer. This definition does not apply, nor shall be interpreted to apply to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers, or licensed marriage and family counselors when performing functions under or pursuant to the respective license held.

          Adult Day Care Facilities. State-licensed facilities that provide nonmedical care and supervision for more than six adults for periods of less than 24 hours.

          Adverse Effect on a Cultural Resource. Any alteration to a cultural resource is considered to have an adverse effect if it diminishes the integrity of the property’s association, design, feeling, location, materials, setting, or workmanship. Adverse effects on cultural resources may include the following:

                1.   Physical alteration, damage, or destruction of all or part of the cultural resource; or

                2.   Isolation of the resource from, or alteration of, the cultural resource’s setting when that setting contributes to the property’s qualification for designation as a cultural resource; or

 

                3.   Introduction of audible, atmospheric, or visual elements out of character with the property or that alter its setting.

          Advertisement. Any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, Internet website or application, or any other form.

          Affordable Housing. Any residential unit for moderate-income persons or family or for lower-income persons or family which, as defined in Health and Safety Code Section 500719.5, shall be affordable at rent that does not exceed 30 percent of 60 percent of area median income. Those units targeted for very low-income households, as defined in Health and Safety Code Section 50105, shall be affordable at a rent that does not exceed 30 percent of 50 percent of the area median income.

          Affordable Housing Developer. A housing developer who has proposed developing an affordable housing project in conformance with Chapter 19.22 Affordable Housing Requirements and Incentives, of the West Hollywood Municipal Code and in conformance with State of California Affordable Housing Law, including Government Code Section 65915.7.

          Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

          Airspace Subdivision. The three-dimensional subdivision of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied by a building or portion thereof. Airspace subdivisions divide property ownership into three-dimensional spaces, often stacked upon one another. An airspace subdivision differs from a common interest development in that the owners of the airspace lots are not required to share interest in a common area within the map boundaries.

          Alcoholic Beverage Sales. The retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premises consumption.

          Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

          Allowed Use. A use of land identified by Article 19-2 (Zoning Districts and Allowable Land Uses) as a permitted or conditional use that may be established with a land use permit and, where applicable, design review and/or building permit approval, subject to compliance with all applicable provisions of this Zoning Ordinance.

          Alteration. Any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting. See “Cultural Heritage Preservation” for the definition of “alteration” as it applies to cultural resources.

          Ancillary Room. A loft or other room (for example, den, study, or library) not used as a bedroom and which:

                1.   Is substantially open to or overlooks another room (such as a living room, dining room, kitchen, or master bedroom);

                2.   Serves as an extension of that adjoining room;

                3.   Does not include a bathroom or any other plumbing, or closets; and

                4.   Because of its location, layout, and/or amenities is not easily usable as an additional bedroom.

          Antenna. A device used in communications that transmits or receives radio signals.

          Antenna, Dish. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

          Antenna, Panel. An antenna or array of antennae that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennae.

          Antenna, Whip. An antenna that transmits signals in 360 degrees. They are typically cylindrical in shape and are less than six inches in diameter and measure up to nine feet in height. Also called omnidirectional, pipe, or stick antennae.

          Apartment. See “Multi-Family Dwellings.”

          Approval. Includes both approval and approval with conditions.

          Architectural Character. Character of a structure that is defined by the scale and composition of the structure, as well as the proportion, style, and arrangement of doors, openings, and other architectural elements on the exterior walls of the structure. The architectural character of a structure does not change simply because it is a larger size.

          Area Median Income. See “Income, Area Median.”

          Area, Net. The portion of a parcel which is:

                1.   Not subject to any easement or included as a proposed public or private facility, such as an alley, highway or street except as provided in subsection 3, or other necessary public site within a proposed development project;

                2.   Subject to an easement where the owner of the underlying fee has the right to use the entire surface except the portion where the owner of the easement may place utility poles or minor utility structures;

                3.   Subject to that portion of a highway easement or private street easement shown on an alternate cross-section in Title 20 (Subdivisions) of the municipal code marked with an asterisk(*);

                4.   The portion of a corner lot not to exceed five percent of the net area within a corner cutoff.

          Except as provided above, portions of a parcel to a highway easement or any other private or public easement shall not be counted as part of the net area.

          Arterial Street. A roadway that primarily serves regional and local vehicular traffic along commercial corridors.

          Art Gallery. A room or structure in which created works or objects are bought, sold, loaned, appraised, or exhibited to the general public.

          Artisan/Craft Product Manufacturing. Establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

          Artisan/Handcraft Shops. Retail stores selling art glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

          Artist Loft/Studio. A room or structure combining working and living space, in which original works of art are created, and where the area devoted to living quarters does not exceed 50 percent of the floor area of the total studio space.

 

          Atrium. An atrium is a fully enclosed space whose ceiling height is at least one and one-half times higher than the ceiling of a building’s own adjacent interior space. An atrium must have interior openings, or windows bordering it on at least one side.

          Attic. The area located between the uppermost plate and the roof or ridge of a structure.

          Attractive Nuisance Dangerous to Children. Appliances, equipment, and machinery as well as any accumulation of materials as determined by the Planning and Development Services Director or the Director of Public Works, in which a child could become trapped or experience bodily harm by coming into contact with it, by climbing on it or in it, by falling onto it, or in which any animals or insects that could cause bodily harm could find harborage, or in which any substances or materials, liquid or solid, that could cause bodily harm are contained.

          Auto and Vehicle Maintenance and Repair. See “Vehicle Maintenance and Repair.”

          Auto and Vehicle Sales/Rental.  See “Vehicle Sales and Rental.”

 

          Auto Parts Sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation. Does not include tire recapping establishments, or businesses dealing exclusively in used parts.

          Automated Teller Machines (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located within banks, in locations such as supermarkets or convenience stores, or in exterior locations, in compliance with Section 19.36.080 (Automated Teller Machines).

 

B.    Definitions, “B.”

          Balcony. A platform on the outside of a building’s upper floor, enclosed by a low wall, railing, or privacy screen, but otherwise open to the air. The frontage of the balcony is determined by its longest edge. A square balcony is subject to the more restrictive requirements. Balconies may have permanent overhead coverings, or may be open overhead. Balconies shall not have full-height walls for at least one side.

          Banks and Financial Services. Financial institutions including:

·           banks and trust companies

·           credit agencies

·           holding (but not primarily operating) companies

·           lending and thrift institutions

·           other investment companies

·           securities/commodity contract brokers and dealers

·           security and commodity exchanges

·           vehicle finance (equity) leasing agencies

          See also “Automatic Teller Machines” above.

          Basement, Full. Any building area with the majority of its volume below grade. A basement may be up to 30 inches above finish grade except in the Norma Triangle Neighborhood Overlay District where a basement shall be completely below finish grade.

          Bed and Breakfast Inns (B&Bs). A facility with no more than 20 guest units, all of which are offered as transient lodging accommodations to the general public, and providing food services to guests only. See also “Urban Inn.”

          Bed and Breakfast Inns and Urban Inns, Common Area. An area, whether indoor or outdoor, which can be used by all guests for recreational or social activity. Common areas shall not be subject to any parking requirement unless the applicant/owner requests that the common areas be used by the general public (anyone who is not an overnight guest) in the discretionary permit approval process.

          Bed and Breakfast Inns and Urban Inns, Guest Unit. A private rental space, not limited in size, but which has a maximum of two rooms, excluding kitchen areas and bathrooms.

          Bed and Breakfast Inns and Urban Inns, Historic Building. A building that is currently: (a) officially designated by the City Council as a designated cultural resource; (b) listed in the National Register of Historic Places; or (c) both (i) deemed eligible for the California Register of Historic Places and (ii) the subject of an application for city designation as a cultural resource.

          Bedroom Factor. A ratio established by the Council which is used to adjust the sales or rental price of a housing unit for the purpose of determining whether the unit may be considered “inclusionary” (affordable to households of low or moderate income). The current bedroom factors are as follows:

 

Studio = 0.70

2 bedrooms = 0.95

4 bedrooms = 1.225

1 bedroom = 0.80

3 bedrooms = 1.085

 

          Breezeway. An open-ended, roofed passageway between two buildings, with the two buildings connected by the roof.

          Broadcasting Studios. Commercial and public communications uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including antennas and towers, are included under the definition of “Telecommunications Facilities.”

          Building. See “Structure.”

          Building Material Stores. Retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all building material stores which sell to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in “Warehousing, Wholesaling and Distribution.” Hardware stores are listed in the definition of “General Retail Stores,” even if they sell some building materials.

          Building Permit. A “building permit” is authorization from the city to commence construction and complete a structure in compliance with the plans approved by the city. See also Title 13 of the West Hollywood Municipal.

          Business Support Services. Establishments primarily within buildings, providing other businesses with services including maintenance, repair and service, testing, rental, etc., also includes:

·           blueprinting

·           business equipment repair services (except vehicle repair, see “Vehicle Services”)

·           commercial art and design (production)

·           computer-related services (rental, repair)

·           copying, quick printing, and blueprinting services

·           equipment rental businesses within buildings (rental yards are “Storage Yards and Sales Lots”)

·           film processing laboratories

·           heavy equipment repair services where repair occurs on the client site

·           janitorial services

·           mail advertising services (reproduction and shipping)

·           other “heavy service” business services

·           outdoor advertising services

·           photocopying

·           photofinishing

·           protective services (other than office related)

·           soils and materials testing laboratories

·           window cleaning

C.    Definitions, “C.”

          California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur. Cultural resources are among the environmental factors that must be considered during the required environmental review.

          California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the state.

          Cannabis Adult-Use Retail. An establishment wherein cannabis, cannabis products, or devices for the use of cannabis, are offered for retail sales or delivery to persons 21 years of age and over and qualifies for an A-license under Division 10 of the Business and Professions Code.

          Cannabis Commercial Cultivation. Any commercial activity involving planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, except for the personal cultivation allowed for medical patients and adults under state law.

          Cannabis Consumption Area with On-Site Adult-Use Retail. A licensed premise where cannabis may be purchased (for on-site consumption only) and consumed by persons 21 years of age and over. A cannabis consumption area must be limited to one of the following uses:

                1.   Consumption of cannabis by smoking, vaping, and ingesting edible products.

                2.   Consumption of cannabis edible products by ingestion only.

          Cannabis Delivery Services. The commercial transfer of cannabis or cannabis products to a customer, including the use by a retailer of any technology platform owned and controlled by the retailer.

          Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products between licensees only, not to retail customers or medical patients.

          Cannabis Manufacturer. An establishment that conducts production, propagation, blending, infusion, or, compounding of cannabis or cannabis products either directly or indirectly by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis products or labels or relabels its container.

          Cannabis Medical Use Dispensary. An establishment wherein cannabis is sold for medicinal purposes by a medicinal cannabis cooperative, collective, dispensary, operator, or retailer who cultivates, distributes, or sells medicinal cannabis to qualified patients, or primary caregivers of qualified patients, pursuant to Health and Safety Code Section 11362.5 and qualifies for an M-license under Division 10 of the Business and Professions Code.

          Cannabis Microbusiness. A retail area of less than 10,000 square feet where cannabis is cultivated, manufactured, distributed, and sold directly to retail customers.

          Cannabis Mobile Consumption Lounges. Any operational vehicle or trailer where cannabis or cannabis products are sold, distributed or consumed by the public, whether or not in a fixed location.

          Cannabis Temporary Use and License. A license that authorizes the holder to engage in commercial cannabis activity for a period of up to 120 days with one 90-day extension in accordance with state regulations, if the applicant is in compliance with local regulations.

          Cannabis Testing Laboratory. A laboratory, facility, or entity that offers or performs tests of both adult use and medical cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body (i.e., International Organization for Standardization (ISO)) that is independent from all other persons involved in commercial cannabis activity in the state; and (2) is licensed by the Bureau of Cannabis Control.

          Carport. An unenclosed shelter for a vehicle that consists of a roof supported by posts, and is built immediately adjacent to or is attached to a structure. A carport must have two unenclosed sides.

          Car Share Organization. Any public or private entity that provides a membership-based car share service to the public and owns, manages, maintains and insures motor vehicles for shared use by individual and group members, which are available to members 24 hours a day in unstaffed, self-service locations.

          Car Share Vehicle. A motor vehicle available to members of a car share organization.

          Car Washes. Permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to one day. See Chapter 19.54 (Temporary Use or Special Event Permits).

          Card Rooms. City-licensed facilities where customers may participate in card games authorized by state law.

          Caretaker and Employee Housing. A residence that is accessory to a nonresidential primary use of the site, where needed for security, or 24-hour care or supervision.

          Cell site. A geographical area with a radius of two to eight miles that contains both transmitting and receiving antennae.

          Cellular. An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites, each of which contains antennas.

          Certificate of Appropriateness. See “Cultural Heritage Preservation.”

          Certificate of Occupancy. An entitlement to occupy and use a structure granted in compliance with Title 13 of the West Hollywood Municipal Code.

          Certificate of Public Convenience and Necessity. A certificate issued by the California Public Utilities Commission (CPUC).

          Child Care Facilities. For the purposes of Chapter 19.64 (Development Fees), a state-licensed facility, other than a family day care home, including extended day care, infant center, and preschool facilities, which provide non-medical care to children under the age of six years in need of assistance, personal services or supervision essential for sustaining the activities of daily living or for the protection of the child on less than a 24-hour basis.

          Child Day Care Facilities. Facilities that provide nonmedical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services.

                1.   Child Day Care Center. Commercial or non-profit child day care facilities designed, approved and licensed as a child care center with no permanent resident. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with another related facility, or as an independent land use.

                2.   Large Family Day Care Home. A day care facility located in a residence and licensed by the state as a family child care home, where a full-time resident provides care and supervision for seven to

12 children (plus two additional children after school). Children under the age of 10 years who reside in the home count as children served by the day care facility.

                3.   Small Family Day Care Home. A day care facility located in a single-family dwelling where a full-time resident provides care and supervision for six or fewer children (plus two additional children after school). Children under the age of 10 years who reside in the home count as children served by the day care facility.

          City. The City of West Hollywood, State of California, referred to in this Zoning Ordinance as the “city.”

          City Council. The West Hollywood City Council, referred to in this Zoning Ordinance as the “Council.”

          City Parking Facility. A parking lot or parking structure owned by the city.

          Clubs, Lodges, and Meeting Halls. Permanent, headquarters-type meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for:

·           business associations

·           civic, social and fraternal organizations

·           labor unions and similar organizations

·           political organizations

·           professional membership organizations

·           other membership organizations

          Membership organization offices without member meeting facilities are instead classified under “Offices.”

          Clustering. A grouping of affordable housing units positioned or occurring together in a residential development and not dispersed throughout the project.

          Collector Street. A roadway that primarily carries vehicular traffic to and from a residential neighborhood.

          Co-Location. The locating of wireless communications equipment from more than one provider on a single roof-mounted or structure-mounted facility.

          Commercial Zoning District or Zone. Any of the commercial zoning districts established by Section 19.04.020 (Zoning Districts Established).

          Commission. See “Planning Commission.”

          Common Interest Development. Any residential condominium, community apartment house, or stock cooperative.

          Community Centers. Multi-purpose meeting and recreational facilities typically consisting of one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for such activities as meetings, parties, receptions, dances, etc.

          Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents.

          Compost Pile. Organic waste material being recycled by a household for use as a soil amendment for gardening. A compost pile is:

                1.   Contained in a bin;

                2.   Located on a surface that allows good water drainage;

                3.   Far enough away from other private or public property to prevent attracting insects or causing odors disturbing to normally sensitive persons;

                4.   Closed or covered to prevent any access to animals;

                5.   Located to not adjoin any wooden structures; and

                6.   Operated and maintained to not contain any cooking oils, fats, or meat scraps.

          Condominium. As defined by Civil Code Section 1351, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

          Congregate Care. Congregate care housing facilities are multi-family residential projects reserved for senior citizens or the disabled, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation.

          Construction Contractor’s Yard. An outdoor storage yard operated by a construction contractor for the storage of building materials and construction equipment.

          Construction Permit. Generic term referring to Building, Grading, Electrical, Plumbing, and Mechanical Permits, and any other permit or entitlement granted by the city which authorizes actual construction activity.

          Consumer Price Index (CPI). The index for all urban consumers, Los Angeles-Anaheim-Riverside Area, 1982-84 = 100, prepared by the Bureau of Labor Statistics of the United States Department of Labor. If the agency shall cease to prepare an index, then any comparable index covering the county area prepared by any other state or federal agency which is approved by the Council may be substituted.

          Convenience Store. Retail stores of generally 3,500 square feet or less in gross floor area, which primarily carry prepackaged food and beverage products, but may also include other merchandise oriented to convenience shopping and travelers’ needs.

          Convention Centers. Multi-purpose facilities including meeting halls, exhibition and convention halls, and meeting halls for rent.

          Conversion of Residential Unit to Permitted Commercial. The change in use of a residential unit from a residential use, to a commercial use which is identified by Table 2-4 as a use permitted within the applicable commercial zoning district.

          Cooking Facilities. An interior arrangement that provides, but is not limited to, the following features for the cooking of food: oven, stove, counter top burners, hot plate, electrical frying pan, toaster oven, or microwave.

          Corporate Housing. The occupancy by any person of any dwelling unit owned, leased, guaranteed or made available by a business entity for occupancy by the entity’s officers, employees, consultants, vendors, or contractors.

          Cottage Food Operation. An enterprise at a private home where low-risk food products are prepared or packaged in the home kitchen for sale to consumers. A cottage food operation shall not operate as a food facility or wholesale food manufacturer.

 

          Council. See “City Council.”

          Critical Facility. A facility whose continued functioning is necessary to maintain public health and safety following a disaster, and a facility where damage or failure could pose hazards to life and property well beyond their immediate vicinity. Examples include hospitals, emergency care facilities, etc.

          Cultural Heritage Commission. See “Historic Preservation Commission.”

          Cultural Heritage Preservation. The following definitions apply to the provisions of Chapter 19.58 (Cultural Heritage Preservation).

                1.   Adaptive Reuse or Change of Use. A use of property or building for a new use other than that for which it is currently used including uses that are not normally permitted in the zoning district.

                2.   Alteration. Any act or process, through private or public action, that changes the specified character, defining or physical features or architectural appearance of a cultural resource, including reconstruction, new construction additions, repair, restoration, rehabilitation, replacement or removal of any resource. Changes include modification of a structure, architectural detail or visual characteristic (e.g., grading, paint color, surface texture), surface paving, the addition of new structures, the cutting or removal of trees, landscaping and other natural features, the disturbance of archaeological sites or areas, and the placement or removal of any significant objects (e.g., fences, landscaping and accessories, light fixtures, plaques, signs, steps, street furniture, and walls) affecting the significant visual and/or historical qualities of the property.

                3.   Certificate of Appropriateness. A certificate issued by the Historic Preservation Commission or the Planning and Development Services Director which is a necessary condition precedent to obtaining a permit to alter, construct, demolish, enlarge, relocate, remodel, or remove, in whole or in part, a cultural resource, or a structure within an historic district or conservation zone. A certificate may also be issued by the Director subject to Chapter 19.58 of this Zoning Ordinance (Cultural Heritage Preservation).

                4.   Conservation Zones. A residential or commercial neighborhood where a majority of the buildings are 50 or more years old, which the city wishes to maintain or revitalize even though it may not contain a significant portion of potential or designated cultural resources, or which may contain a significant number of remodeled properties. There are currently five conservation zones within the city as outlined in Policy 1.42.6 of the General Plan which, while not meeting the criteria for designation as a historic district, are worthy of protection as conservation zones.

                5.   Contributing Resource, Historic District. Any building, structure, portion of a structure, improvement, natural area feature, object, or site, included in an historic district or thematic grouping, which adds to the historic architectural qualities, historic associations, or archeological values for which a property is significant because it was present during the period of significance, and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period.

                6.   Cultural Resource. Any building, structure, portion of a structure, improvement, natural area feature, object, or site, district, or any grouping of structures or improvements which may be of aesthetic, archaeological, architectural, cultural, educational, historic, landscape architectural, or scientific significance to the citizens of the city, state or nation which is, or may be, eligible for designation or which has been designated and determined to be subject to historic preservation in compliance with the provisions of Chapter 19.58. Cultural resources includes all potential and designated resources, and contributing resources in historic districts.

                7.   Demolition of a Cultural Resource. Any act or process that destroys, in part or in whole, an individual cultural resource or a resource within a historic district.

                8.   Design Guidelines. The list of principles adopted by the Historic Preservation Commission that illustrates appropriate and inappropriate construction, rehabilitation, and restoration methods for the alteration, construction, or remodeling of cultural resources, potential cultural resources, and structures within historic districts.

                9.   Designated Cultural Resource. Any building, structure, improvement, natural area feature, object, or site which has been so designated in compliance with Chapter 19.58.

                10. Designation Statement. A document adopted by the HPC, in the form of a resolution, which contains a specific description of the designated cultural resource, designation findings, its assessor’s parcel number, its site address, and the prescriptive standards or design guidelines, if any, adopted for that resource.

                11. Façade Easement. An agreement between the owner of a structure and a governmental agency or preservation organization in compliance with the authority and responsibility that the agency or organization is given to review and approve changes to the exterior of the historic structure or resource before the changes may be sought or commenced.

                12. Historic District. A geographically definable area, possessing a significant concentration, continuity, or linkage of sites, structures, improvements, or objects united by past events, architectural style or design, or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. Thematic grouping districts are also considered historic districts, and are more specifically defined below.

                13. Historic Resources Inventory. The list of properties within the city which are determined to be worthy of preservation and which are contained in the original Historic Resources Survey commissioned by the city in 1986. All resources on the inventory are considered nominated.

                14. Historic Resources Survey. The survey, originally conducted in 1986, which systematically identified the potential cultural resources within the city. The methodology of this survey is contained within the Historic Resources Survey, 1986-1987, Final Report, on file in the Planning and Development Services Department

                15. Historical or Architectural Significance. That which has a special interest or value as part of the character, cultural development, or heritage of the city, state, or nation including any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or which is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural history of city, state, or nation.

                16. Improvement. Any structure, landscaping or object constituting a physical feature of real property, or any part of the feature.

                17. Inventory. See “Historic Resources Inventory” definition, above.

                18. Local Register. The properties located within the city that comprise the list of designated cultural resources and historic districts.

                19. Natural Feature. Any geographical, geological, natural formation, plant life, or tree site possessing aesthetic, architectural, cultural, or historic significance.

                20. Nomination Statement. A written report or application specifying the cultural resource, its site address, and the reasons for its nomination as a resource. It shall include an exact description of the cultural resource recommended for designation and the findings supporting the nomination. A nomination statement application is to be kept on file in the Planning and Development Services Department and revised and updated as needed.

                21. Non-contributing Resource, Historic District. A building, site, structure, or object, included in a historic district or thematic grouping, which does not add to the historic architectural qualities, historic associations or archeological values for which the district is significant because: (a) it was not present during the period of significance; or (b) due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting its character at the time or is incapable of yielding important information about the period.

                22. Object. A material thing of aesthetic, cultural, functional, historic, scientific value, or symbolic, usually by design or nature movable, and includes fences, gates, monuments, walls, works of art, and similar structures.

                23. Ordinary Maintenance and Repair. Any work for which a building permit is not required by law where the purpose and effect of the work is to correct any deterioration of or damage to an improvement or natural feature, or any part thereof, and to restore the same to its condition before the occurrence of the deterioration or damage. This definition applies to all potential and designated resources.

                24. Period of Significance. The length of time when a property was associated with important events, activities, or persons, or attained the characteristics which qualify it for listing. A period of significance usually begins with the date the significant activities or events began giving the property its historic significance; this is often a date of construction. For districts, it is the period of construction for those buildings which individually had an impact on and made a contribution to the character of the district as a whole.

                25. Permit Fee Waivers. Waivers of any and all planning application fees for projects involving the rehabilitation of designated cultural resources. This does not include waiving fees for CEQA review or public noticing materials.

                26. Potential Cultural Resource. Any building, structure, portion of a structure, improvement, natural area feature, object, district, grouping, or site, for which an application for nomination for designation has been filed, or for which a final designation determination has not yet been made. In compliance with CEQA, potential resources may also include those resources which are considered significant by members of the preservation community, the general public, or any other preservation agency. These may be resources which have either been denied designation and removed from the city’s inventory or local register or any resource which was contained on the initial Survey conducted by the city (see the definition of “Historic Resources Survey,” above).

                27. Preservation. The identification, protection, rehabilitation, restoration, or reconstruction of cultural resources.

                28. Reconstruction. The act or process of reproducing through construction the exact form and detail of a vanished building, structure, or object, or any part thereof, as it appeared at a specified period of time. The intent of reconstruction is to make the resource appear as it did at a particular, and most significant, time in its history.

                29. Register. A list, maintained by the city, which contains the address, name and designation date of every cultural resource designated by the city.

                30. Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. Rehabilitation also includes the refurbishing and maintaining of a designated resource which restores and maintains its condition.

                31. Rehabilitation Incentives. Incentives for designated cultural resources which provide financial or physical incentive to the property owner to upkeep, repair and otherwise maintain a designated cultural resource. Incentives include, but are not limited to, changes of use, reduction in development standards, façade easements, and the transfer of development rights. In exchange for granting a façade easement, the property owner may receive tax benefits in the form of a charitable contribution for conservation purposes.

                32. Removal. Any relocation of a structure or improvement from its site to another site.

                33. Restoration. The act or process of reproducing the exact form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time, and/or the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.

                34. Secretary of the Interior’s Standards for Rehabilitation. Identified in the Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects (36 C.F.R. 67), with accompanying interpretive guidelines used in the preservation of cultural resources. The Secretary of the Interior’s Standards for Rehabilitation are aimed at retaining and preserving those features and materials which are important in defining the historic character of a cultural resource.

                35. State Historic Building Code. The State Historic Building Code is contained in Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historical structures, districts, and sites designated as cultural resources. It provides alternatives to the Uniform Building Code in cases consistent with building regulations for the rehabilitation, preservation, restoration, or relocation of designated cultural resources.

                36. Thematic Grouping. A type of historic district in which the sites need not be physically contiguous or otherwise in the same geographic area but which is characterized by buildings, structures, objects, sites, areas, or places that share one or more of the following features: (1) building type, including gas stations, courtyard housing, or coffee shops; (2) architectural style; (3) culturally or historically significant uses, including movie studios or railroad yards; (4) homes or workplaces of culturally significant persons; or (5) the distinctive use of materials or type of construction, such as adobe structures.

                37. Transfer of Development Rights (TDRs). The method by which a property owner’s development rights, which are restricted on sites containing designated cultural resources are transferred to another receiving site for use and development. The TDR program approved by City Council Resolution No. 94-1286.

                38. Uniform Code for Building Conservation (UCBC). A building conservation guideline presented in code format which provides the city with the means to preserve its existing buildings while achieving appropriate levels of safety. It is formatted in the same manner as the Uniform Building Code, is compatible with other Uniform Codes, and may be adopted as a code or used as a guideline.

 

D.    Definitions, “D.”

          Dance Floor. An area within a night club, bar, restaurant, or other facility for patrons who wish to dance to live or recorded music provided by the establishment. The area may either be reserved for dancing and not used for any other activity or service provided by the establishment, or may be periodically cleared of its primary use (for example, restaurant tables) so that the area may be used for dancing.

          Demolition of a Commercial, Multi-Family or Other Non-Residential Structure. See “Major Remodel.”

          Demolition of a Cultural Resource. See “Cultural Heritage Preservation.”

          Demolition of a Single-Family Dwelling or Duplex. The destruction and removal of the exterior walls and building foundation of a single-family dwelling or duplex.

          Density. The number of housing units per net acre, unless otherwise stated, for residential uses.

          Density Bonus. Means a density increase over the otherwise allowable maximum allowable residential density for a housing development or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

          Density Bonus (Affordable) Housing Agreement. A recorded agreement between a developer and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish the number of affordable units, their size, location, terms and conditions of affordability, and production schedule.

          Density Bonus Units. Those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site.

          Department. The West Hollywood Planning and Development Services Department, referred to in this Zoning Ordinance as the “Department,” unless otherwise identified.

          Detached. Any structure that does not have a wall or roof in common with another structure on the same site.

          Detached Rear Garage. An accessory structure that is utilized as a garage located behind the primary structure.

          Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this Zoning Ordinance (May 2, 2001).

          Development Agreement. A contract between the city and an applicant for a development project, in compliance with Chapter 19.66 (Development Agreements) of this Zoning Ordinance and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to city policies, rules, and regulations after project approval. In return, the city may be assured that the applicant will provide infrastructure and/or pay fees required by a new project.

          Director. The City of West Hollywood Planning and Development Services Director, or designee of the Director, unless otherwise identified as Director of another department and also including the designee of those other identified department directors.

          Display, Sexually Explicit. A picture or illustration displaying male or female genitals, pubic hair, perineums, anuses, or anal regions, the female breast or any portion thereof below the top of the nipple; the depiction of covered male genitals in a discernibly turgid state, where the picture or illustration depicting explicit sexual acts has as its purpose, or effect, sexual arousal, gratification or affront.

          District. See “Zoning District.”

          Domicile. A place in which an individual’s habitation is fixed, wherein the individual has the intention of remaining, and to which, whenever such individual is absent, the individual has the intention of returning. At a given time, an individual may have only one domicile.

          Driveway. A paved or improved surface intended for vehicular use, which leads from a public street onto a private property.

          Dry Cleaning. See “Laundries and Dry Cleaning Plants” and “Personal Services.”

          Duplex. A residential structure containing two dwellings.

          Dwelling, Dwelling Unit, or Housing Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household as further regulated by Section 19.36.275.

E.    Definitions, “E.”

          Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

          Eligible Project. In connection with density bonuses and alternative incentives, shall mean a residential housing project in which the developer agrees or proposes to construct at least:

                1.   20 percent of the total units of housing development for low-income households, as defined in Section 500719.5 of the Health and Safety Code; or

                2.   10 percent of the total units of a housing development for very low-income households, as defined in Section 50105 of the Health and Safety Code; or

                3.   50 percent of the total units of a housing development for qualifying residents, as defined in Section 51.2 of the Civil Code.

          Emergency Shelter. A facility that provides immediate and short-term housing with minimal supportive services for homeless persons or families, victims of domestic violence, persons requiring temporary housing, and other individuals and households made temporarily homeless due to natural disasters (e.g., fires, earthquakes, etc.), that is limited to occupancy of six months or less and operated by a government agency or non-profit organization.

 

          Encroachment Permit. Authorization by the city for the use of or work within a portion of a public right-of-way for a non-municipal purpose, which may be granted by the City Engineer in compliance with Chapter 11.16 of the West Hollywood Municipal Code.

          Energy Star. A joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy.

          Energy Star Qualified Appliances. Appliances that the Energy Star program identifies as energy-efficient products to reduce greenhouse gas emissions.

          Enhanced specialized mobile radio. A digital wireless communication technology that specializes in providing dispatching services.

          Enlargement of Use. The expansion of a land use activity on a site or within a structure so that the use/activity occupies more floor or site area.

          Environmental Impact Report (EIR). An informational document used to assess the physical characteristics of an area and to determine what effects will result if the area is altered by a proposed action, prepared in compliance with the California Environmental Quality Act (CEQA).

          Establishment of Use. The point at which an approved land use is in actual operation on its site and/or within a structure.

          Existing Space. An allowable space that can be converted to an accessory dwelling unit within the four walls and roofline of any structure existing on or after January 1, 2017, that can be made safely habitable under the city’s building codes at the determination of the city’s building official.

          Extended Hour Business. Any business that is open to the public between the hours of 2:00 a.m., and 6:00 a.m.

 

F.     Definitions, “F.”

          Façade. Any exterior elevation of a building.

          Farmers’ Market. The temporary use of a site for the outdoor sales of food and farm produce items from vehicles, in compliance with California Food and Agriculture Code Sections 1392 et seq.

          Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

          Firearm Sales. Firearm sales include the retail sales of guns, ammunition, and related products and accessories.

          Floor area, gross.

                (1)  On single-family parcels, the floor area between the floor and roof above it, as measured from the outside edge of the exterior walls, of the main structure and all accessory structures excluding balconies, basements, decks, covered porches unenclosed on one or more sides, covered parking (up to a maximum of 400 square feet), patios, and uncovered porches. Non-habitable attic space (having a height of six feet or less) is excluded. Portions of structures, including stairwells, over seventeen feet in interior height, are counted twice for purposes of computing floor area. Multi-level atria with an interior height of seventeen feet or less are calculated at one level only.

                (2)  In all other situations, it is the total enclosed area of all floors of a structure or portion of a structure proposed for a use, measured to the inside face of the exterior walls including elevator shafts at each floor level, halls, service and mechanical equipment rooms, stairways, and basement or attic areas having a height of more than six feet, but excluding the area used exclusively for vehicle parking or loading. Multi-level atria are calculated at each level.

          Floor Area Ratio (FAR). The floor area ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum gross floor area allowed on a site (including all structures on the site). The maximum gross floor area of all structures permitted on a site shall be determined by multiplying the floor area ratio (FAR) by the total area of the site (FAR x Site Area = Maximum Allowable Gross Floor Area). Basement area shall not be included in calculation of FAR.

Figure 6-1
Floor Area Ratio

 

G.    Definitions, “G.”

          Garage. A structure for parking vehicles that is completely enclosed on four sides, with a solid roof.

          Garage Sale. Any sale held for the purpose of selling, trading or otherwise disposing of unwanted household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone.

          General Plan. The City of West Hollywood General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council under the provisions of Government Code Sections 65300 et seq., and referred to in this Zoning Ordinance as the “General Plan.”

          General Retail Stores. Stores and shops selling many lines of merchandise. These stores and lines of merchandise include:

 

    antique shops

    general stores

    appliances

    gift and souvenir shops

    art galleries

    hardware

    artists’ supplies

    hobby materials

    bakeries (all production in support of on-site sales)

    jewelry

    bicycles

    luggage and leather goods

    books

    musical instruments, parts and accessories

    cameras and photographic supplies

    newsstands

    clothing and accessories

    orthopedic supplies

    collectibles (cards, coins, comics, stamps, etc.)

    pet supplies sales with no animals but fish

    department stores

    religious goods

    drug and discount stores

    small wares

    dry goods

    specialty shops

    fabrics and sewing supplies

    sporting goods and equipment

    florists and houseplant stores (indoor sales only; outdoor sales are “Plant Nurseries”)

    stationery

    toys and games

    furniture, home furnishings and equipment

    variety stores

 

          Governmental or Public Facilities. Publicly owned structures used for the purposes of conducting city, county, state, or federal government business. These facilities include City Hall, and federal, state, or municipal equipment yards, fire and police stations, offices, recreation centers, sanitation facilities, schools, and similar facilities. Private commercial development projects leasing publicly owned land shall not be considered governmental or public facilities.

          Grade (Ground Level). The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of sidewalks, the grade shall be measured at the sidewalks.

          Grand Opening. An advertising event which has as its purpose, the promotion of a newly opened use, a change in the orientation of a use or reopening of a use following a remodeling, major renovation, or a management change.

          Grocery Store. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store.

          Gross Floor Area. See “Floor Area, Gross.”

          Ground-Mounted. Mounted to a lattice tower, or other freestanding structure specifically constructed for the purpose of supporting antennae.

          Guest House. A detached structure of 400 square feet or less, accessory to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.

 

H.    Definitions, “H.”

          Health/Fitness Facilities. Fitness centers, gymnasiums, health and athletic clubs including any of the following: aerobics; indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.

          Health/Fitness Facilities, Personal Training. A personal service use for weight training where each client is provided a personal trainer, training is available only by appointment, and facilities are limited to weight training machines and equipment, and showers.

          Heliport. A designated, marked area on the ground or the top of a structure where helicopters may land at any time.

          High Occupancy Facilities. For the purposes of the seismic safety regulations in Chapter 19.32 (Seismic Safety), all buildings with an assembly occupancy capacity of 100 or more persons.

          Historic Preservation Commission. The City of West Hollywood Historic Preservation Commission, or HPC.

          Home Business. The conduct of a business within the business owner’s primary residence, with the business activity being subordinate to the residential use of the residential unit. See Section 19.36.140 (Home Businesses).

          Hotel. A commercial facility not approved as a dwelling unit with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other lodging generally not intended to be the guest’s domicile. Also, may include accessory guest facilities such as, but not limited to, swimming pools, tennis courts, indoor athletic facilities, accessory retail uses and meeting facilities.

I.     Definitions, “I.”

          Illegal Building or Use. A building or use that does not conform to one or more of the provisions of this Zoning Ordinance, and did not lawfully exist on the effective date of applicable provisions of this Zoning Ordinance. A building or use is also illegal if it was constructed or established without being authorized by all applicable land use and/or construction permits required at the time.

          Incidental Business Activity. A temporary activity conducted on the premises of a business such as a store, cafe, restaurant, bar, or night club, which is intended to attract additional customers to the primary business activity, otherwise draw attention to the primary business activity, or serve as a benefit for a non-profit organization not directly affiliated with the primary business activity. Examples include book readings and signings at bookstores, poetry readings at cafés, stand-up comedy performances at bars or night clubs, and similar activities.

          Incidental Use. A use which is secondary to the primary use of a property and which does not intensify the use.

          Inclusionary Housing. Regulation requiring new residential and mixed-use developments to include a specified number or percentage of new residential units to be provided for rent or sale on restricted terms deemed “affordable” to very low, low, or moderate income persons or families.

          Inclusionary Housing Units. Single- or multi-family dwelling units that are sold or rented at rates that are affordable to households of low or moderate income.

 

          Income, Area Median. The City of West Hollywood median income according to the U.S. Census Bureau, annually adjusted by the Consumer Price Index for all urban consumers in the Los Angeles-Anaheim-Riverside Area, as prepared by the U.S. Bureau of Labor Statistics to the current year.

          Income, Low. A household which earns 50 to 80 percent of the median income within the City.

          Income, Lower. As defined by Health and Safety Code Section 50079.5, persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time in compliance with Section 8 of the United States Housing Act of 1937, and as published in the California Administrative Code.

          Income, Moderate. A household which earns 80 to 100 percent of the median income within the city.

          Income, Very Low. As defined by Health and Safety Code Section 50105, persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time in compliance with Section 8 of the United States Housing Act of 1937, and as published in the California Administrative Code.

          Indoor Amusement/Entertainment Facilities. Establishments not serving alcohol providing indoor amusement and entertainment services for a fee or admission charge, including:

 

    bingo games

    bowling alleys

    coin-operated amusement arcades

    comedy performances

    dance halls, clubs and ballrooms

    electronic game arcades

    ice skating and roller skating

    pool and billiard rooms as primary uses

          Four or more electronic games or coin-operated amusements in any establishment, or a premises where 50 percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above; three or less machines are considered an accessory use to the primary use of the site.

          Intensification of Use. A change in the use of a structure or site, where the new use is required by Chapter 19.28 (Off-Street Parking and Loading Standards) to have more off-street parking spaces than the former use; or a change in the permitted operating characteristics of a use (for example, hours of operation), which generate more activity on the site.

          Invasive Plant Species. Plant species that are not native to California and have the growth rate and habits that lead to uncontrolled population growth and spread.

 

J.      Definitions, “J.”

          Junior Accessory Dwelling Unit. See Section 19.36.310 for definitions applicable to accessory dwelling units and junior accessory dwelling units.

 

K.    Definitions, “K.”

          Kiosk. A small structure used within an outdoor area of a multi-tenant commercial building for retail or food sales.  Kiosks used to sell services must include products for sale and display on the majority of all sides of the kiosk.

          Kiosk Program. A comprehensive plan that establishes and coordinates the number, location, design and uses of kiosks when multiple kiosks are proposed on a property.

          Kitchen. A room or space within a building intended to be used for the cooking or preparation of food.

L.     Definitions, “L.”

          Land Use Permit. Authority granted by the city to use a specified site for a particular purpose, including administrative permits, development permits, conditional use permits, minor conditional use permits, temporary use permits, special event permits, variances, and zone clearances, as established by Article 19-4 (Land Use and Development Permit Procedures) of this Zoning Ordinance.

          Large Family Day Care Home. See “Child Day Care Facilities.”

          Laundries and Dry Cleaning Plants. Service establishments engaged primarily in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores with limited dry cleaning equipment; see “Personal Services.”

          LEED. The Leadership in Energy and Environmental Design (LEED) Green Building Rating System developed and approved by the United States Green Building Council.

          LEED Accredited Professional. A person who is recognized by the United States Green Building Council as having the knowledge and skills necessary to participate in the design process, to support and encourage integrated design, and to streamline the LEED project application and certification process

          LEED Checklist. The credit and point checklists developed by the Leadership in Energy and Environmental Design Green Building Rating System for measuring the sustainability, efficiency, and environmental soundness of a building.

          Libraries and Museums. Public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, which are generally non-commercial in nature.

          Liquefaction Susceptibility Zone. Any area designated in the General Plan as having a high or very high potential for liquefaction, or any area designated as a Zone of Required Investigation on a Seismic Hazard Zone Map published by the State Division of Mines and Geology.

          Live/Work Facilities. An integrated living unit and working space, occupied and utilized by a single housekeeping unit, in commercial and residential zoning districts, or in a building specifically designed and constructed to provide live/work units.

          Living Area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

          Living Building Challenge. A performance standard for green buildings developed and approved by the International Living Future Institute.

          Living Space. The enclosed and finished area of a structure that is intended for human use.

          Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and city ordinances, including this Zoning Ordinance. Types of lots include the following. See Figure 6-2 (Lot Types).

                1.   Corner Lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

                2.   Flag Lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

                3.   Interior Lot. A lot abutting only one street.

                4.   Key Lot. An interior lot, the front of which adjoins the side property line of a corner lot.

                5.   Reverse Corner Lot. A corner lot, the rear of which abuts a key lot.

                6.   Through Lot. A lot with frontage on two generally parallel streets.

          Lot Area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights of way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.

          Lot Coverage. See “Site Coverage.”

          Lot Depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 6-3 (Lot Features). The Director shall determine lot depth for parcels of irregular configuration.

          Lot Frontage. The boundary of a lot adjacent to a public street right-of-way.

          Lot Line or Property Line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 6-3 (Lot Features)):

                1.   Front Lot Line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage with access to a street; however the Director may approve an alternate primary frontage of a corner parcel as described in Section 19.20.150(C)(1)(a). (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line. See Section 19.20.150(C).

                2.   Interior Lot Line. Any lot line not abutting a street.

                3.   Rear Lot Line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

                4.   Side Lot Line. Any lot line that is not a front or rear lot line.

          Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 6-3 (Lot Features). The Director shall determine lot width for parcels of irregular shape.

 

Figure 6-2
Lot Types

Figure 6-3
Lot Features

 

M.    Definitions, “M.”

          Main Structure. A structure which contains the primary land use of the site.

          Maintenance and Repair. Includes painting, the replacement of damaged or worn finishes or building materials, and similar activities intended to allow the continuing use of a structure and the upkeep of its appearance. Does not include structural changes except where the Building Official determines that structural work is necessary to correct hazardous conditions.

 

          Major Remodel. The removal of 50 percent or more of the exterior wall area (which includes walls, doors, and windows), or the removal of 50 percent or more of the supporting members of a structure (e.g., beams, bearing walls, columns, or girders), whichever is more restrictive.

          Major Transit Stop. Means an existing site, or a site included in the regional transportation plan, that contains a rail transit station or the intersection of two or more major bus routes each with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A housing development is considered to be within one-half mile of a major transit stop if all parcels within the housing development have no more than 25 percent of their area farther than one-half mile from the stop and if not more than 10 percent of the units or 100 units, whichever is less, in the housing development are farther than one-half mile from the stop.

          Major Wireless Communication Facility. A wireless communication facility that:

                1.   Is ground-mounted on property not within the public right-of-way;

                2.   Is ground-mounted within the public right-of-way, but does not qualify as a microcell facility; or

                3.   Is roof- or structure-mounted and exceeds 10 feet in height and/or exceeds the maximum height allowed in the zoning district in which the facility is located.

          Map Act. See “Subdivision Map Act.”

          Mature Height/Width (Vegetation). The dimension of the plant once it is complete in natural development. These dimensions are typically provided by nurseries. Long-living and healthy vegetation may continue to grow beyond the provided mature dimensions; these trees and plants may need to be pruned to prevent them from overgrowing the space they have been allowed.

          Mature Tree. A tree that has reached 75 percent of typical height and spread/canopy for its species.

          Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production. These facilities include the following types.

 

                1.   Backlots/outdoor Facilities. Outdoor sets, backlots, and other outdoor facilities, including supporting indoor workshops and craft shops.

                2.   Indoor Support Facilities. Administrative and technical production support facilities, including administrative and production offices, post-production facilities (editing and sound recording studios, foley stages, etc.), optical and special effects units, film processing laboratories, etc.

                3.   Soundstages. Warehouse-type facilities providing space for the construction and use of indoor sets, including supporting workshops and craft shops.

          Medical Services - Clinics, Offices, and Laboratories. Facilities primarily engaged in furnishing outpatient medical, mental health, surgical and other personal health services, but which are separate from hospitals, including:

 

·           chiropractic offices

·           health management organizations (HMOs)

·           medical and dental laboratories

·           medical, dental and psychiatric offices

·           out-patient care facilities

·           other allied health services

·           alternative health care services (e.g., acupuncture, etc.)

 

          Counseling services by other than medical doctors or psychiatrists are included under “Offices.”

          Medical Services - Hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses and emergency heliports.

          Mezzanine. An intermediate level without walls or partitions, placed in any story or room, open to the space below, and with a minimum clear height above and below the intermediate level of at least seven feet. When the floor area of a mezzanine exceeds 33.3 percent of the total floor area in the room, the mezzanine shall be considered to constitute an additional story. No more than one continuous mezzanine shall be permitted in any one room. A loft shall be considered a mezzanine.

          Microbrewery. A facility where beer brewed on the premises is sold for on-site consumption.

          Microcell. A wireless communication facility that:

                1.   Contains a maximum of four whip or panel antennae. Each whip antenna does not exceed four inches in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area;

                2.   Contains a maximum of one microwave antenna no larger than 10 square feet in surface area;

                3.   Has an array of antennae less than 10 feet in height;

                4.   Is roof- or structure-mounted or, if within the public right-of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree); and

                5.   Has a total height, if roof- or structure-mounted, that does not exceed the maximum height allowed in the zoning district in which the facility is located.

          Mixed-Use Project. A project which combines both commercial and residential uses, where the residential component is typically located above the commercial.

          Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and forty feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of “Single-Family Dwellings.”

          Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

          Monopole. A structure composed of a single spire used to support antennae and related equipment.

          Mortuaries and Funeral Homes. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted.

          Mounted. Attached or supported.

          Multi-Family Dwellings. A building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing; see also “Common Interest Development.”

          Municipal Code. The City of West Hollywood Municipal Code, as it may be amended from time to time by the Council.

 

N.    Definitions, “N.”

          Negative Declaration. A statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA).

          Newsstands and flower stands. Retail sales uses where newspapers and magazines, or flowers and floral arrangements are displayed and sold outdoors.

          Nightclubs and Bars. Any bar, cocktail lounge, discotheque, or similar establishment which provides live entertainment (music and/or dancing, comedy, etc.) in conjunction with alcoholic beverage sales. Includes bars, taverns, pubs, karaoke bars, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery.

          Nonconforming Parcel. A parcel that was legally created prior to the adoption of this Zoning Ordinance and which does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

          Nonconforming Sign. A sign which lawfully existed prior to the effective date of this Zoning Ordinance (May 2, 2001), or any amendment thereto, but which fails by reason of such adoption or amendment to conform to all of the standards and regulations of the adopted or amended provision.

          Nonconforming Structure. A structure that was legally constructed prior to the adoption of this Zoning Ordinance and which does not conform to current code provisions/standards (e.g., open space, distance between structures, etc.) prescribed for the zoning district in which the structure is located.

          Nonconforming Use. A use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Zoning Ordinance and which does not conform to current code provisions governing allowable land uses for the zoning district in which the use is located.

          Non-Profit Service Provider. A non-profit organization in compliance with Section 501(c)3 of the U.S. Tax Code, which may provide one or more of a variety of community services through an office-type facility. Examples of these services include family planning, AIDS support, legal aid, and other similar services.

          Norma Triangle. The area in the city bounded by Lloyd Street on the south, Hilldale Avenue, Vista Grande Street, and Doheny Drive, and within the R1-B zoning district.

 

O.    Definitions, “O.”

          Occupancy. All or a portion of a structure occupied by one tenant.

          Offices. This Zoning Ordinance distinguishes between the following types of office facilities. These do not include: medical offices (see “Medical Services - Clinics, Offices and Laboratories”); or offices that are incidental and accessory to another business or sales activity that is the primary use. Incidental offices that are customarily accessory to another use are allowed as part of an approved primary use.

                1.   Administrative/Business. Establishments providing direct services to consumers, such as insurance and travel agents, real estate offices, utility company offices, etc.

                2.   Government. City, and other local, state, and federal government agency or service facilities. Includes post offices.

                3.   Production. Office-type facilities occupied by businesses engaged in the production of intellectual property. These uses include:

 

·           advertising agencies

·           architectural, engineering, planning and surveying services

·           computer software production and programming services

·           educational, scientific and research organizations

·           media postproduction services

·           photography and commercial art studios

·           writers and artists offices

 

                   4.   Professional. Professional offices including:

 

·           accounting, auditing and bookkeeping services

·           attorneys

·           counseling services

·           court reporting services

·           data processing services

·           detective agencies and similar services

·           employment, stenographic, secretarial and word processing services

·           literary and talent agencies

·           management and public relations services

 

                5.   Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary on-site real estate office for a development project; or a temporary business office in advance of permanent facility construction.

                6.   Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

          Off-site. An activity or accessory use that is related to a specific primary use, but is not located on the same legal parcel as the primary use.

          On-site. An activity or accessory use that is related to a specific primary use, which is located on the same legal parcel as the primary use.

          Open Fencing. A barrier constructed of material which is at least 50 percent transparent, such as glass, wood pickets, plastic panels or wrought iron.

          Open Space, Common. Unroofed areas of a developed site that are available for active and/or passive recreational use by residents of a multi-family residential project.

          Open Space, Private. Unroofed areas of a developed site that are available for active and/or passive recreational use by residents of an individual dwelling unit and are clearly defined and separated from “public” areas of the site by fencing and/or building walls.

          Organizational Houses. Residential lodging houses operated by membership organizations for their members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

          Outdoor Commercial Recreation. Facilities for various outdoor participant sports and types of recreation where a fee is charged for use, including:

 

·           amphitheaters

·           amusement and theme parks

·           health and athletic club outdoor facilities

·           miniature golf courses

·           skateboard parks

·           stadiums and coliseums

·           swim and tennis clubs

·           tennis courts

·           water slides

·           zoos

 

          May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include parks and playgrounds, which are separately defined.

 

          Outdoor Dining. A restaurant or other eating establishment where tables and seating are provided and food and/or beverages are served in outdoor areas with at least one open side.

          Outdoor Retail Sales, Temporary. Temporary outdoor retail operations including:

 

·           Christmas trees, pumpkins or the sale of other seasonal items

·           farmers’ markets

·           retail sales from individual vehicles in temporary locations outside the public right-of-way

·           semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows

·           sidewalk or parking lot sales longer than one weekend

 

          Overgrown or Dead Vegetation. Vegetation, including hedges, lawns, plants, shrubs, trees, and weeds that have not been cut or trimmed, or have died due to lack of maintenance or watering.

          Overlay Zoning District or Zone. Any of the overlay zoning districts established by Section 19.04.020 (Zoning Districts Established).

          Owner-Occupant. A resident of a property who is also the owner of that property.

 

P.     Definitions, “P.”

          Palm Readers, Fortune Tellers, Psychics, etc. Recreational services which provide personal advice to individuals for a fee.

          Parcel. See “Lot or Parcel.”

          Parking, Automated Structure. An automated garage using elevator systems to hoist individual vehicles from receiving areas to separate auto storage areas.

          Parking, Mechanical Lift. A mechanical system that lifts vehicles to make space available to park other vehicles in a vertical tandem fashion.

          Parking Space, or Parking Stall. A designated area for parking an individual vehicle. The types of parking spaces allowed by Chapter 19.28 (Off-Street Parking and Loading Standards) include compact, standard, parallel, and tandem. See Figure 6-4.

Figure 6-4
Types of Parking Spaces

 

          Parking Structure. An enclosed facility parking of vehicles, which is typically multi-level and/or which may include other uses (for example, street-fronting retail shops). Includes day use public and commercial garages and parking structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by this Zoning Ordinance.) Includes indoor areas where vehicles are stored for rental or leasing. Does not include uncovered surface parking lots, which are either a temporary use subject to a temporary use permit (Chapter 19.54), or considered accessory to a primary use on the same site.

          Parks and Playgrounds. Public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts. If privately owned, the same facilities are included under the definition of “Private Residential Recreation Facilities.” See also “Outdoor Commercial Recreation.”

          Parkway. The portion of the public right-of-way located between the street curb and the sidewalk.

          Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

          Pawn Shops. Indoor retail establishments that accept personal property as collateral for loans, and offer the property for sale to the public.

          Pedestrian-Oriented, Pedestrian Orientation. Any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including:

                1.   Street furniture;

                2.   Design amenities related to the street level, including awnings, paseos, arcades;

                3.   Visibility into buildings at the street level;

                4.   Highly articulated façades at the street level with interesting uses of material, color, and architectural detailing;

                5.   Continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way;

                6.   Continuity of building façades along the street with few interruptions in the progression of buildings and stores;

                7.   Signage oriented and scaled to the pedestrian rather than the motorist; and

                8.   Landscaping.

          Pedestrian-Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use provides spontaneous draw from sidewalk and street due to intense and attractive visual interest, high customer turnover and intense social interaction.

          Permanent Indoor or Outdoor Public Assembly Facilities. Structures that are designed, constructed, and maintained as places for groups of people to attend performances, presentations, sports events, and other cultural, religious, or social gatherings. These facilities include theaters, auditoriums, stadiums, arenas, amphitheaters, and other structures with fixed or moveable seating.

          Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

          Person. Any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

 

          Personal Communication Services. A digital wireless communication technology that has the capacity for multiple communication services and provides a system in which calls are routed to individuals rather than places, regardless of location.

          Personal Services. Establishments providing non-medical services as a primary use, including:

 

·     barber and beauty shops

·     shoe repair shops

·     clothing rental

·     spas and hot tubs

·     dry cleaning pick-up stores with limited equipment

·     tailors

·     home electronics repair

·     tanning salons

·     laundromats (self-service laundries)

·     tattoo parlors

·     psychic readers

 

          These uses may also include accessory retail sales of products related to the services provided. Personal services do not include personal training in health/fitness facilities.

          Pet Shops. Retail stores selling birds, fish, and other common household pets, including supplies for the care and feeding of the animals sold. The retail sale of dogs or cats is prohibited under Section 9.50.020 of the Municipal Code. This use may include pet grooming, but not the boarding of animals other than those for sale. See “Veterinary Clinics, Animal Hospitals, Kennels, Boarding.”

          Pharmacy. A retail store where a licensed pharmacist prepares prescription medicines for sale, which may also sell over-the-counter medicines, personal care products, and other miscellaneous products.

          Philanthropic, Charitable, and Educational Non-Profit Organizations. Nonpolitical and noncommercial foundations and other organizations providing philanthropic, charitable, and educational services, that qualify as non-profit organizations under federal tax law.

          Pilaster. A column that extends outward from a wall surface rather than being freestanding.

          Planning Commission. The West Hollywood Planning Commission, appointed by the West Hollywood City Council in compliance with Government Code Section 65101, referred to throughout this Zoning Ordinance as the “Commission,” unless otherwise identified as a different commission.

          Plant Nurseries and Garden Supply Stores. Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products grown under cover or outdoors. Cultivation of cannabis for medicinal or any other purpose is prohibited. Includes stores selling these products, nursery stock, lawn and garden supplies and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under “General Retail Stores.” Home greenhouses are addressed under “Residential Accessory Uses and Structures.”

          Polluted Water. Water contained in a pond, spa, swimming pool, or other body of water, which is unhealthy, unsafe, or unsightly due to algae, bacterial growth, debris, papers, remains of insects, remains of deceased animals, reptiles, refuse, rubbish, and any other foreign material.

          Porte Cochère. A roofed structure extending from a side entrance of a building over an adjacent driveway, and allowing vehicles to pass through.

          Primary Residence. A structure that contains the primary dwelling on the lot.

          Primary Structure. A structure that accommodates the primary use of the site.

          Primary Use. The main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

          Primary Zoning District. The zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied.

          Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.”

          Privacy Screen. Durable, permanent material that limits visibility. A privacy screen may not be transparent, but may be composed of translucent material. A privacy screen may be a louvered or perforated material.

          Private Residential Recreation Facilities. Privately owned, non-commercial outdoor recreation facilities provided for members or project/neighborhood residents, including swim and tennis clubs, park and sport court facilities. Does not include golf courses or country clubs.

          Property Line. The recorded boundary of a parcel of land.

          Property Owner. The record owners of a parcel. For the purposes of land use permit application filing and processing, “property owner” also includes authorized representatives of the property owner.

          Proposed Project. A proposed new structure, new addition to an existing structure, or area of other new site development; these do not include the alteration of any portion of an existing structure other than an addition.

          Public Open Space. A parcel or area of land or water that is restricted to active or passive recreational uses, that is owned and maintained by a public agency and is available for use by the general public.

          Public Safety Facilities. Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities.

          Public Wireless Communication Facility. A wireless communication facility that has been granted a Certificate of Public Convenience and Necessity by the California Public Utilities Commission (CPUC).

 

Q.    Definitions, “Q.”

[No definitions beginning with the letter “Q” are used at this time.]

 

R.    Definitions, “R.”

          Radiofrequency Radiation. Electromagnetic radiation in the portion of the spectrum from three kilohertz to 300 gigahertz.

          Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:

 

                1.   It contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

                2.   It contains 400 square feet or less of gross area measured at maximum horizontal projections;

                3.   It is built on a single chassis; and

                4.   It is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

          Recycling Facilities. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials.

                1.   Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district:

                      a.   Reverse vending machines;

                      b.   Small collection facilities which occupy an area of 350 square feet or less and may include:

                            (1)  A mobile unit;

                            (2)  Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet; and

                            (3)  Kiosk-type units which may include permanent structures.

                      c.   Large collection facilities which occupy an area of more than 350 square feet and/or include permanent structures.

                2.   Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers.

                3.   Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user’s specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding. Processing facilities include the following types:

                      a.   Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers; and

                      b.   A heavy processing facility is any processing facility other than a light processing facility.

                4.   Recycling Facility. A center for the collection and/or processing of recyclable materials. A “certified” recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See “Collection Facility” above.

                5.   Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, remanufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include refuse or hazardous materials.

                6.   Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

          A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight instead of by container.

          Refuse and Waste Material. Unused or discarded matter of any kind including asphalt, boxes, bricks, building materials, cartons, concrete, containers, crates, lumber, machinery, plaster, rocks, rubble, soil, tile, or appliances and parts thereof, furniture or equipment and parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, barrels, bottles, and cans. It also includes an accumulation of dead organic matter, debris, garbage, junk, offal, animal harborages, vegetation, weeds, and similar materials or conditions. Any item, material, or substance mentioned above that is not being used for construction or repair of an improvement and has been placed upon real property or the public right-of-way.

          Religious Facilities/Places of Worship. Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses on the same site, such as living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities.

          Remodel/Rehabilitate. Changes or alterations to an existing building, which may include the replacement of interior walls, exterior walls, or structural elements according to the requirements of the Building Code.

          Rent. Consideration charged, whether or not received, for the occupancy of space in a dwelling unit valued in money, whether to be received in money, goods, labor or otherwise.

          Research and Development (R&D). Indoor facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes chemical and biotechnology research and development. Does not include computer software companies (see “Offices - Production”), soils and other materials testing laboratories (see “Business Support Services”), or medical laboratories (see “Medical Services - Clinics, Offices, and Laboratories”).

          Residential Accessory Uses and Structures. See “Accessory Uses and Structures, Residential.”

          Residential Care Facilities. Facilities providing residential social and personal care for children, the elderly, and people with limited ability for self-care. Includes: board and care homes; children’s homes; orphanages; rehabilitation centers; self-help group homes, convalescent homes, nursing homes and similar facilities.

          Residential Unit Conversion. The conversion of an existing single-family dwelling, duplex or apartment unit to a non-residential use.

 

          Residential Zoning District or Zone. Any of the residential zoning districts established by Section 19.04.020 (Zoning Districts Established).

          Restaurant. A retail business selling food and beverages prepared on the site, for on- or off-premises consumption. These include eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption, and establishments where most customers are served food at tables for on-premises consumption, but may include providing food for take-out. Also includes: coffee houses; and entertainment with up to two entertainers, non-amplified, in a room with food service.

          Retail. See “General Retail Stores.”

          Review Authority. The individual or official city body (the Planning and Development Services Director, Planning Commission, Historic Preservation Commission, or City Council) identified by this Zoning Ordinance as having the responsibility and authority to review, and approve or disapprove the permit applications described in Article 19-4 (Zoning Ordinance Administration).

          Roof Deck. A balcony that is located on the uppermost level of a structure. For example, a balcony located on top of the first level of a one-story structure is a roof deck, and a balcony located on top of the second level of a two-story structure is a roof deck.

          Roofline. Eaves, top of parapet, or edge where the roof meets the top of the building wall.

          Roof-Mounted. Mounted above the eave line of a structure.

          Room Rental. The monthly or annual renting of individual bedrooms within a dwelling to no more than two non-family members, whether or not meals are provided.

 

S.     Definitions, “S.”

          Schools. Public and private educational institutions, including:

·           boarding schools

·           business, secretarial, and vocational schools

·           community colleges, colleges and universities

·           elementary, middle, and junior high schools

·           establishments providing courses by mail

·           high schools

·           military academies

·           professional schools (law, medicine, etc.)

·           seminaries/religious ministry training facilities

          Also includes specialized schools with at least two classrooms, offering instruction in the following:

·           art

·           ballet and other dance

·           bartending and cooking

·           computers and electronics

·           drama

·           driver education

·           language

·           music

             Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see “Child Day Care Facilities”). See also the definition of “Studios for Art, Dance, Music, Photography, etc.” for smaller-scale facilities offering specialized instruction.

          Semi-Subterranean Parking. Garage that has a finished floor elevation below grade, but does not have its total volume below grade.

          Senior Citizen. An adult 60 years or older.

          Senior Congregate Care Housing Facilities. See “Congregate Care Housing Facilities.”

          Senior Unit. A second residential unit intended for the sole occupancy of one or two adult persons who are 60 years of age or over, and the floor space area of the unit does not exceed 640 square feet.

          Sensitive Facility. A facility which by nature of its occupants may be inhibited in its rapid evacuation capabilities. Examples include nursing homes, senior citizens’ housing and other low-mobility uses; and commercial and industrial facilities containing hazardous materials or potentially hazardous operations requiring safe shut-down procedures.

          Service Station. A retail business selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair, towing and trailer rental services, and convenience stores. Does not include the storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces.

          Service Station Island. A raised area on the site of a service station which accommodates electric vehicle charging equipment, hydrogen fuel cell or other alternative fuel dispensers, or existing pumps for dispensing fossil fuel into vehicles, which is surrounded by vehicle circulation areas.

          Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature, or street centerline. Setbacks from private streets are measured from the edge of the easement. See also “Yard.” Figure 6-5 (Setbacks) shows the location of front, side, street side, rear, and interior setbacks.

Figure 6-5

Setbacks

 

          Sexual Arousal, Sexual Gratification and/or Sexual Stimulation.

                1.   As used in this Zoning Ordinance, sexual arousal, gratification and/or stimulation shall mean the act, stimulation, depiction or visual display of any of the following:

                      a.   Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of the genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts of conduct: anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, zooerasty; or

                      b.   Human genitals in a state of sexual stimulation, arousal or tumescence; or

                      c.   Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

                      d.   Fondling or touching human genitals, pubic region, buttock or female breast; or

                      e.   Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

                      f.    Erotic or lewd touching, fondling or other contact with an animal by a human being; or

                      g.   Human excretion, urination, menstruation, vaginal or anal irrigation.

                2.   This definition shall also include:

                      a.   Less than completely and opaquely covered:

                            (1)  Human genitals, pubic region;

                            (2)  Buttock; and

                            (3)  Female breast below a point immediately above the top of the areola; and

                      b.   Human male genitals in discernibly turgid state, even if completely and opaquely covered.

          Shallow Residential Lot. Any residentially zoned lot with a depth of 100 feet or less.

          Sherbourne Triangle Site. That area within the city bounded by San Vicente Boulevard on the east, Sherbourne Drive on the west, and Beverly Boulevard on the south.

          Shopping Center. A site occupied by a mix of commercial uses that are primarily retail stores, but include at least one personal service, restaurant (which occupies less than 25 percent of the total floor area), or other use with higher parking requirements, where the businesses share common pedestrian and parking areas. Up to 50 percent of total floor area may be other than retail uses.

          Short Term Original Artwork Advertising. A unique artwork that is either created or manufactured as a unique individual piece of art or that is a montage of materials combined in an original way exclusively for a location on Sunset Boulevard in order to advertise or display information to pedestrians or drivers along Sunset Boulevard for a specified temporary period of time.

          Sign. An object, device, display, or structure, or any part thereof, situated outdoors or indoors, which is used to identify, display, or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination, or projected image. The following are definitions related to signs.

                1.   Abandoned Sign. Any sign which advertises a business, lessor, owner, product, service or activity no longer on the premises where the sign is placed.

                2.   Alteration. Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

                3.   Animated or Moving Sign. A sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

                4.   Area of a Sign. See “Sign area.”

                5.   Awnings and Canopies. Awnings and canopies are roof-like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements.

                6.   Awning Sign. Any sign copy or logo attached to or painted to the valance or flap of an awning.

                7.   Banner, Flag, or Pennant. Any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

                8.   Bench Sign. Copy painted on any portion of a bench.

                9.   Billboard. An off-site sign with minimum dimensions of 12 feet by 20 feet, a typical dimension of 14 by 48 feet, and maximum dimensions of 20 feet by 60 feet.

                10. Blade or Bracket Sign. A wall-mounted sign that projects perpendicular to the wall face.

                11. Building Frontage. The building elevation which fronts on a public street, or pedestrian walk where customer access to a structure is available.

                12. Business Frontage. That portion of a building frontage occupied by a single business tenant having a public entrance within the building frontage. A primary business frontage is that which fronts on a public street; a secondary frontage provides access to the building from a facing courtyard, pedestrian corridor or other walkway, parking lot, or alley.

                13. Business Identification Sign. A sign that serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

                14. Cabinet Sign (Can Sign). A sign that contains all the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated.

                15. Canopies. See “Awnings and canopies.”

                16. Changeable Copy Sign. A sign designed to allow the changing of copy through manual, or mechanical means. Includes reader boards where letters are changed manually. See also “Digital Sign.”

                17. Channel Letters. Three-dimensional individually cut letters or figures, illuminated or unilluminated, affixed to a structure.

                18. Civic Event Sign. A temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic-fraternal organization, or similar noncommercial organization.

                19. Contractor or Construction Sign. A sign which states the name of the developer and contractor(s) working on the site and any related engineering, architectural or financial firms involved with the project.

                20. Convenience Sign. A sign that conveys information (e.g., restrooms, no parking, entrance) or minor business identification for directional purposes, and is designed to be viewed on-site by pedestrians and/or motorists.

                21. Copy. Words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.

                22. Creative Billboard. A billboard which may incorporate elements including enlarged size, irregular shape, thematic lighting, moving parts, inflated additions, passive participatory attributes, three dimensional or structural projections, alternative or unique materials, and/or other unusual characteristics that would substantially differ from a traditional flat surface billboard of standard size or aspect ratio.

                23. Creative Signs. A sign with a higher quality of design that meets the creative sign requirements of Section 19.34.060 (Creative Signs) and has a creative sign permit.

                24. Creative Tall Wall. A tall wall which may incorporate elements including enlarged size, irregular shape, thematic lighting, moving parts, inflated additions, passive participatory attributes, three-dimensional or structural projections or extensions, alternative or unique materials, and/or other unusual characteristics that would substantially differ from a traditional flat surface tall wall of standard size.

                25. Digital Sign. A digital sign is an electronic image display that presents changeable content on a regularly rotating basis, and typically uses remote content management to control images and messaging. Digital signs include, without limitation: (i) electronic images that are displayed on building exteriors or freestanding structural supports; and (ii) electronic image displays that are either static, scrolling, moving, flashing or include video and/or animation. A sign shall be deemed a digital sign if any portion of the sign area includes changeable, electronic content in which multiple images are rotated, or video or multimedia content is displayed for informational or advertising purposes. Notwithstanding the foregoing, a sign shall not be deemed a digital sign solely based on its use of thematic lighting.

                26. Directional Sign. An on-site sign which is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a project.

                27. Directory Sign. A sign for listing the tenants of a multiple tenant structure or center, which may include suite numbers.

                28. Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes.

                29. Extensions. A three-dimensional or structural projection beyond the standard existing face of a billboard or tall wall, either projecting outwardly from the primary plane or projecting laterally from the primary plane of the billboard or tall wall.

                30. Flashing Sign. A sign that contains an intermittent or sequential flashing light source.

                31. Future Tenant Identification Sign. A temporary sign that identifies the names of future businesses that will occupy a site or structure.

                32. Grand Opening. A promotional activity not exceeding 30 calendar days used by newly established businesses, within two months after initial occupancy, to inform the public of their location and services available to the community. “Grand opening” does not mean an annual or occasional promotion of retail sales or services by a business.

                33. Height of Sign. The vertical distance from the uppermost point used in measuring the area of a sign to the average grade immediately below and adjoining the sign or the top of the nearest curb of the public street on which the sign fronts, whichever measurement is the greatest.

                34. Holiday Decoration Sign. Temporary signs, in the nature of decorations, clearly incidental to and customarily associated with recognized holidays and which contain no advertising message.

                35. Illegal Sign. Any of the following:

                      a.   A sign erected without first complying with all regulations in effect at the time of its construction or use;

                      b.   A sign that was legally erected, but because of changes in the occupancy of the structure or site, no longer identifies a business or activity on the site;

                      c.   A sign that was subject to an amortization period for the correction of nonconformities or removal, where the amortization period has expired;

                      d.   A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value;

                      e.   A sign that is a danger to the public or is unsafe;

                      f.    A sign that pertains to a specific event, which was not removed after the event.

                36. Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that the rays go through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.

                37. Large Screen Video Sign. A sign comprised of a large video screen displaying advertising content in animated or motion picture form.

                38. Marquee (Canopy) Sign. A sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.

                39. Mobile Billboard. Mobile billboard advertising includes any vehicle, or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising.

                40. Monument Sign. Permanent signs where the bottom edge of the sign face is no more than 12 inches above the ground, which are not attached to a building.

                41. Multiple Tenant Structure. A development consisting of two or more separate uses or tenancies that share either the same parcel or structure and use common access and parking facilities.

                42. Neon Sign. Glass tube lighting in which a gas and phosphors are used in combination to create a colored light.

                43. Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Zoning Ordinance, and which has subsequently come under the requirements of this Zoning Ordinance, but does not now completely comply.

                44. Off-Site Directional Sign. A sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs.

                45. Off-Site Sign. A sign identifying a use, facility, service, or product that is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service, or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises.

                46. Off-Site Subdivision Sign. A temporary off-site, free-standing sign designed, erected, and maintained to serve the public by providing directions and information as to new residential project developments and/or community facilities.

                47. Pedestrian-Oriented Sign. A sign that is intended to attract the attention of pedestrians only, located at the ground floor, and is easily legible from the sidewalk in front of the business.

                48. Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

                49. Pole Sign. A sign mounted on a freestanding pole or other support so that the bottom edge of the sign is six or more feet above finished grade.

                50. Political Sign. A sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election, or conveying another political, religious, or ideological message, not advertising any product or service.

                51. Portable Sign. A sign that is not permanently affixed to a structure or the ground.

                52. Projecting Sign. A sign other than a wall sign suspending from, or supported by, a structure and projecting outward.

                53. Promotional Sign. A sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.

                54. Property Frontage. The side of a parcel or development site abutting on a public street.

                55. Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

                56. Roof Sign. A sign that is mounted on the roof of a building, or which is dependent upon a building for support, and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.

                57. Sign Area. The entire area within a perimeter defined by a continuous line composed of right angles which enclose the extreme limits of lettering, logo, trademark, or other graphic representation, together with any frame or structural trim forming an integral part of the display used to differentiate the sign from the background against which it is placed, not including any approved projections or extensions.

                58. Special Event Sign/Banner. A temporary sign or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening or community event).

                59. Tall Wall Sign. An off-site sign with minimum area of 5,000 square feet, attached to an existing building wall visible from Sunset Boulevard.

                60. Temporary Sign. Any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.

                61. Thematic Lighting. Thematic lighting uses lighting to enhance and reinforce the static content of an off-site sign,. Thematic lighting is controlled either on-site or from a remote location.

                62. Vehicle-Oriented Sign. A sign that is primarily intended to attract the attention of motorists, and is easily legible by motorists but can only be seen with difficulty by pedestrians on the sidewalk.

                63. Vehicle Sign. A sign that is attached to or painted on a vehicle that is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.

                64. Wall Sign. A sign that is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

                65. Window Area. Window area shall be computed by calculating each window pane or panel. The area shall be separate for each building face, and for each window. A group of window panes or panels may be considered one window if they are adjoining on the building face and are less than six inches apart.

                66. Window Sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view and is located within three feet of the window is also a window sign.

Figure 6-6
Examples of Sign Types

          Single-Family Dwellings. A building designed for and/or occupied exclusively by one family. Also includes factory-built, modular housing units, constructed in compliance with the Uniform Building Code (UBC), and mobile homes/manufactured housing on permanent foundations. May include the rental of rooms within a dwelling also occupied by the property owner or a primary tenant.

          Single Room Occupancy Housing (SRO). A residential facility providing individual secure room(s) for one or two person households, which may have individual or shared kitchen and/or bathroom facilities. SRO units are rented on a monthly basis or longer.

          Site. A parcel or adjoining parcels that have been legally tied under single ownership or single control, considered a unit for the purposes of development or other use.

          Site Coverage. The percentage of total site area occupied by structures, and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles. See Figure 6-7 (Site Coverage).

Figure 6-7 Site Coverage

          Small Family Day Care Homes. See “Child Day Care Facilities.”

          Solar Energy System.

                1.   Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

                2.   Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

          Special Event. Short-term activities associated with entertainment or business promotion that do not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. See Chapter 19.55. (Special Event Permits). The following are definitions related to special events:

                1.   Activation. A short-term activity associated with entertainment or business promotion that does not require a special event permit, but does require an ancillary permit or license such as an encroachment permit, temporary valet licensee, sound permit, or other permit issued by the City of West Hollywood, and/or causes impact(s) deemed by the review authority to count as an activation.

                2.   Build Activity. Any work performed to add physical elements to the site of a special event or activation.

                3.   Deemed Complete. All information necessary for review of a permit has been received by staff, including, but not limited to, all fields on the application being addressed, insurance documents, site maps, and any other requirements outlined in the Special Event Application Guide established by the Director of Economic Development.

                4.   Strike Activity. Any work performed to dismantle and/or remove physical elements from the site of a special event or activation.

          Special Needs Housing. Means any housing, including supportive housing, intended to benefit, in whole or in part, persons identified as having special needs relating to mental health; physical disabilities; developmental disabilities, including, without limitation, intellectual disability, cerebral palsy, epilepsy, and autism; and risk of homelessness, and housing intended to meet the housing needs of persons eligible for mental health services funded in whole or in part by the Mental Health Services Fund, created by California Welfare and Institutions Code Section 5890.

          Specific Plan. As provided by Government Code Sections 65450 et seq., a detailed plan for the systematic implementation of the General Plan for all or part of the area covered by the General Plan. A specific plan consists of text and one or more diagrams which specify the distribution, location, and extent of land uses, major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities within the area covered by the plan. A specific plan also includes: standards and criteria by which development will proceed; standards for the conservation, development, and utilization of natural resources, where applicable; a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the plan; and a statement of the relationship of the specific plan to the General Plan.

          Stand. A structure for the display and sale of products with no space for customers within the structure itself.

          Stealth facility. A communications facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as concealed antenna.

          Storage, Indoor. The storage of various materials entirely within a structure, as the primary use of the structure. The storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use.

          Story. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above, the space between the floor and the ceiling above. A semi-subterranean garage shall not be considered a story if the top of the garage is six feet or less above grade.

          Street. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this chapter.

 

          Street Line. The boundary between a street right-of-way and property.

          Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this Zoning Ordinance, the term “structure” includes “buildings.”

          Structure-Mounted. Mounted to the side of a structure (e.g., a billboard, church steeple, freestanding sign, etc.).

          Structure, Primary. See “Primary Structure.”

          Studios for Art, Dance, Music, Photography, etc. Small scale facilities with one classroom/instruction space, typically accommodating one group of students at a time, in no more than one instructional space. Larger facilities are included under the definition of “Schools - Specialized education and training.” These include facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and gymnastics studios with no other fitness facilities or equipment; yoga; and pilates.

          Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes airspace subdivisions and any of the following, as defined in Civil Code Section 1351: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

          Subdivision Map Act, or Map Act. Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

          Substantial Remodel. See “Major Remodel.”

          Subterranean Parking. Garage that has its total volume below.

          Sunset Median. The strip of land that runs along the center of Sunset Boulevard between the two opposing lanes of traffic.

          Supper Club. Any dining establishment with or without alcohol service, which operates with scheduled seating for food service at all times when live entertainment is provided. “Live entertainment” shall mean live amplified or unamplified music and/or dancing, comedy, or other similar type of entertainment. “Scheduled seating” shall mean the seating of one large party, or multiple, separate parties at a table during, pre-determined, fixed times throughout the day or evening. “Food service” shall mean full meal service that includes main entrees in addition to appetizers and/or dessert and beverage service.

          Supportive Housing. Permanent housing with no limit on length of stay, that is occupied by the target population as identified in state law (such as persons with disabilities, homeless families, and homeless youth), and that is linked to on-site or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, as set forth in California Health and Safety Code Section 50675.14.

 

T.    Definitions, “T.”

          Tandem Parking Space. See “Parking Space, or Parking Stall.”

          Telecommunications Facilities. Public, commercial and private electromagnetic and photo-electrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.

          Temporary Structure. A structure without any foundation or footings, and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

          Temporary Uses. See Chapter 19.54 (Temporary Use).

          Theaters. Indoor facilities for public assembly and group entertainment, other than sporting events, including:

·       civic theaters, and facilities for “live” theater and concerts

·       motion picture theaters

·       public and semi-public auditoriums

·       similar public assembly uses

          Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events.

          Third-Party Green Building Rating System. A voluntary standard for buildings that establishes requirements for environmentally responsible building design and construction and optimal energy performance and provides an independent verification process for certification.

          Tobacco Product Shop. Tobacco product shops are retail stores specializing in tobacco products (cigarettes, cigars, pipe tobacco, etc.), smoking accessories, and related products.

          Top plate. The horizontal framing member capping the exterior wall and supporting the rafters or roof framing.

Figure 6-8
Top Plate

          Transient. Any person who exercises occupancy or is entitled to occupancy of a dwelling unit for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.

 

          Transitional Housing. Temporary rental housing intended for occupancy by homeless individuals or families transitioning to permanent housing that calls for the termination of assistance and recirculation of the dwelling unit to another eligible recipient at a predetermined future time, which shall be no less than six months. Transitional housing often includes a supportive services component, such as job skills training or rehabilitation counseling to allow individuals to gain the necessary life skills to support independent living.

          Transit Stations and Terminals. Passenger stations for vehicular, ferry, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

          Transit Stop Shelters. A small-scale covered waiting area for busses and taxis.

          Transportation Facilities. Transportation system improvement projects that require physical alteration of the transportation system. Examples of transportation facilities include, but shall not be limited to, roadway improvements, signalization improvements, and other public right-of-way improvements (e.g., bus shelters).

          Transportation Program. Transportation system improvement projects that do not require physical alteration of the transportation system. Examples of transportation programs include, but shall not limited to, alternative work week scheduling, ride sharing programs, transit subsidies, and education/marketing programs designed to reduce automobile trips.

          Two-Unit Residential Project. A development consisting of either two detached residential units on the same site, or a duplex (a single residential structure containing two dwellings).

 

U.    Definitions, “U.”

          Urban Inn. A facility with no more than 40 guest units, all of which are offered as transient lodging accommodations to the general public, and providing food service to guests only.

          Urban Village. A node of high intensity urban, mixed use activity and/or interaction.

          Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

          Use, Primary. See “Primary Use.”

          Utility Facilities. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091:

·           corporation and maintenance yards

·           electrical substations and switching stations

·           natural gas regulating and distribution facilities

·           public water system wells, treatment plants and storage

·           telephone switching facilities

·           wastewater treatment plants, settling ponds and disposal fields

          These uses do not include office or customer service centers (classified in “Offices”), or equipment and material storage yards.

          Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see “Offices”), or distribution substations (see “Utility Facilities”).

 

V.    Definitions, “V.”

          Vacation Rental(s) shall mean a dwelling unit, in whole or in part, that is rented for a period of 30 consecutive days or less to any transient. The following are definitions related to vacation rentals:

                1.   Booking Transaction. Any reservation or payment service provided by a person who facilitates a vacation rental, home share, or similar transaction between a prospective visitor and a host.

                2.   Host. Any natural person who offers a dwelling unit for use as a vacation rental.

                3.   Hosting Platform. A person who participates in the vacation rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation.

                4.   Rent. The transfer of any good, service, trade, swap, or other thing of value in exchange for the use of all or part of a dwelling unit.

          Variance. A discretionary entitlement that may waive or relax the development standards of this Zoning Ordinance, in compliance with Chapter 19.60 (Variances and Modifications).

          Vegetative Roof. A conventional flat or sloping roof that is partially or completely covered with an integrated system that includes layers of living vegetation over a waterproof membrane or that are elevated from the roof surface through a comprehensive system. These roofs may require a root and protection barrier, a drainage layer, filter fabric, and irrigation. Individual potted plants, movable planters, or other non-permanent, noncontiguous features are not considered components of a comprehensive vegetative roof system.

          Vehicle Maintenance and Repair. The repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories.

                1.   Major Repair/Body Work. Repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services; and also include tire recapping establishments.

                2.   Maintenance/Minor Repair. Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, etc.).

          “Vehicle maintenance and repair” does not include automobile parking, repair shops that are part of a vehicle dealership on the same site (see “Vehicle Sales and Rental”); automobile service stations, which are separately defined; or automobile dismantling yards.

          Vehicle Sales and Rental. Retail establishments selling and/or renting automobiles, trucks and vans. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see “Auto Parts Sales”); bicycle and moped sales (see “General Retail Stores”); mobile home sales; tire recapping establishments; businesses dealing exclusively in used parts; or “Service Stations,” which are separately defined.

          Veterinary Clinics, Animal Hospitals, Kennels, Boarding. Office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are public or commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops. See also “Pet Shops.”

 

W.    Definitions, “W.”

          Warehousing, Wholesaling and Distribution. These facilities include:

                1.   Warehousing. Facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include: warehouse, storage or mini-storage facilities offered for rent or lease to the general public; warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see “Wholesaling and Distribution,” below); or terminal facilities for handling freight.

                2.   Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes:

·             agents, merchandise or commodity brokers, and commission merchants

·             assemblers, buyers and associations engaged in the cooperative marketing of farm products

·             merchant wholesalers

·             stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment

          West Hollywood Green Building Points. The requirements of the West Hollywood Green Building Point System identified on the West Hollywood Green Building Point System Table.

          West Hollywood Green Building Point System. The green building point system developed, administered, and updated by the Planning and Development Services Department of the City of West Hollywood.

          West Hollywood Green Building Point System Table. The table of available green building items and associated possible points that are developed, administered, and updated by the Planning and Development Services Department as part of the Green Building Program.

          Wholesale Design Showrooms. Wholesale business facilities for the display and marketing of home and business fixtures and furnishings.

          Wing Wall. An extension of an exterior building wall using the same materials and colors of the other exterior building walls, which has the effect of partially or entirely “fencing” an outdoor area.

          Wireless Communication Facility. Any public or private structure that supports antennae, microwave dishes, and other related equipment that sends and/or receives radiofrequency signals.

 

X.    Definitions, “X.”

          Xeriscape. Creative landscaping for water and energy efficiency, comprised of seven sound horticultural principles: (1) good landscape planning and design; (2) appropriate turf areas; (3) efficient irrigation; (4) use of soil amendments; (5) use of mulches; (6) incorporation of low water use plants into the landscape; and (7) appropriate maintenance of plants and irrigation systems.

 

Y.    Definitions, “Y.”

          Yard. An area between a lot line and a setback, unobstructed and unoccupied from the ground upward, except for projections permitted by this Zoning Ordinance. See Section 19.20.150 (Setback Measurement and Projections into Yards) and Figure 6-5 (Setbacks).

                1.   Front Yard. An area extending across the full width of the lot between the front lot line and the required setback.

                2.   Rear Yard. An area extending the full width of the lot between a rear lot line and the required setback.

                3.   Side Yard. An area extending from the front yard to the rear yard between the nearest side lot line and the required setback.

 

Z.    Definitions, “Z.”

          Zero Lot Line. The location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.

          Zone Clearance. A ministerial certificate issued by the department prior to issuance of any building permit to ensure that the proposed use and/or construction complies with all of the provisions of this Zoning Ordinance.

          Zoning District. Any of the residential, commercial, public, or overlay districts established by Article 19-2 (Zoning Districts and Allowable Land Uses) of this Zoning Ordinance, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

          Zoning Ordinance. The West Hollywood Zoning Ordinance, Title 19 of the West Hollywood Municipal Code, referred to herein as “this Zoning Ordinance.”

(Ord. 23-20 § 6, 2023; Ord. 23-02 § 2, 2023; Ord. 22-1190 § 14, 2022; Ord. 22-1186 § 10, 2022; Ord. 19-1074 § 12, 2019; Ord. 19-1072 § 15, 2019; Ord. 19-1063 § 8, 2019; Ord. 19-1058 § 257, 2019; Ord. 18-1048 §§ 10, 11, 2018; Ord. 18-1044 § 9, 2018; Ord. 18-1041 § 13, 2018; Ord. 18-1040 § 10, 2018; Ord. 18-1022 § 17, 2018; Ord. 18-1021 § 14, 2018; Ord. 17-1016 §§ 16, 17, 2017; Ord. 17-999 § 8, 2017; Ord. 17-995 § 7, 2017; Ord. 16-796 § 5, 2016; Ord. 15-965 § 14, 2015; Ord. 15-958 § 5, 2015; Ord. 15-956 § 8, 2015; Ord. 14-946 § 7, 2014; Ord. 14-940 §§ 38, 39, 2014; Ord. 14-930 § 4, 2014; Ord. 13-914 § 7, 2013; Ord. 12-897 § 10, 2012; Ord. 10-861 § 6, 2010; Ord. 09-833 § 7, 2009; Ord. 07-762 § 8, 2007; Ord. 06-741 § 6 [Att. A], 2006; Ord. 06-734 § 6 [Att. E], 2006; Ord. 04-677 § 4, 2004; Ord. 03-663 § 4, 2003; Ord. 03-657 § 5 (3), 2003; Ord. 02-643 § 65, 2003; Ord. 01-594 § 2, 2001)