This Chapter's standards have been
developed in recognition of the City's policies related to historic
preservation, adaptive reuse, and sustainability and provide for the
continuation of uses, continued occupancy and maintenance of structures,
and development of parcels that were lawfully established but do not
now comply with all of the standards and requirements of this Ordinance
so long as the uses, continued occupancy, and maintenance meet the
provisions of this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Any lawfully established use or structure
that is in existence on the effective date of this Ordinance but does
not comply with all of the standards and requirements of this Ordinance
or subsequent amendment including, but not limited to, the lack of
an approved permit or other required authorization shall be considered
nonconforming. Unless otherwise specified, the term "nonconforming"
as used in this Ordinance shall mean "lawful nonconforming" as defined
herein.
An occupancy or activity that was established in compliance
with the standards and requirements in effect at the time it commenced
and has not been abandoned within the same structure or on the same
parcel since that date but does not comply with all of the applicable
provisions of this Ordinance including, but not limited to, permitted
use, location, intensity, operational characteristics, performance
standards or hours of operation.
A building or structure that was erected in compliance with
the standards and requirements in effect when it was constructed but
does not comply with all of the applicable provisions of this Ordinance
including, but not limited to, density, floor area, height, setback,
usable open space, and other development standards.
An existing use of land or structure shall not be determined to be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this Chapter, provided that facilities used for on-site parking and/or loading as of the date of adoption of this Ordinance are not reduced in number to less than what this Ordinance requires. The parking provided by City-Designated Historic Resources shall be considered conforming if it is the amount of parking provided as of July 6, 2010. See also Section 9.28.180(B).
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A nonconforming structure may be
maintained as follows:
B.
Additions and Enlargements. An addition to or enlargement of a nonconforming building shall
be permitted if the addition or enlargement is made to conform to
all the development standards and use regulations of the District
in which it is located.
C.
Replacing Nonconforming Features
or Portions of Buildings. Nonconforming features or portions
of buildings that are removed shall not be replaced unless they conform
to the provisions of this Chapter. Notwithstanding this requirement,
nonconforming architectural features which have been removed from
any existing building which is designated as a Historic Resource or
listed on the Historic Resources Inventory may be replaced if the
Landmarks Commission determines that such feature contributes to the
building's historic architectural integrity and that the reconstruction
conforms to the Secretary of Interior's Standards for the
Treatment of Historic Properties. Landmarks Commission review of such reconstruction shall be processed generally in accordance with the procedures for processing applications for Certificates of Appropriateness contained in Chapter 9.56. Any project subject to Landmarks Commission review under this Section shall not require additional review by the Architectural Review Board. The determination of the Landmarks Commission under this Section shall be appealable to the City Council.
D.
Moving. No nonconforming building
shall be moved in whole or in part to any other location on the parcel
unless every portion of the building is made to conform to all of
the regulations of the District in which it is located. A relocated
building shall be considered a new structure. However, if the building
is a City-Designated Historic Resource, the Landmarks Commission may
approve nonconforming setbacks through the issuance of a Certificate
of Appropriateness.
E.
Damaged or Destroyed. A nonconforming building which is damaged or destroyed may be restored or replaced in accordance with Section 9.27.040.
F.
Demolition. An existing nonconforming
building that is demolished shall lose any legal nonconforming status
and may only be replaced or rebuilt if the entire structure is made
to comply with all currently applicable zoning ordinance requirements
unless:
1.
The existing building is a Historic Resource
or is listed on the City's Historic Resources Inventory, provided
the alteration or addition conforms with the Secretary of the Interior's
Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating
Historic Buildings.
2.
The existing building is commercial or
industrial and is altered in accordance with all of the following
criteria:
a.
The alterations only involve the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code;
b.
The alterations are only undertaken
to the minimum extent necessary to maintain a safe structure;
c.
The existing exterior wall elements
or principal support structure remain in place at all times and provide
necessary structural support to the building upon completion of the
alterations; and
d.
No new floor area is added.
3.
The existing building is residential and
is altered or added to in accordance with all of the following criteria:
a.
The alterations or additions to the existing residential building include the replacement of the footings, cripple walls, stem walls, or similar structural components between the structure's footings and the finished floor of the first story as defined in Chapter 8.12 of the Santa Monica Municipal Code; and
b.
The existing first story exterior
wall elements remain in place at all times and provide necessary structural
support to the building upon completion of the alteration or addition.
G.
Termination. A nonconforming
building need not be discontinued and removed or altered so long as
the nonconforming building is maintained in accordance with this Section.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
An existing nonconforming structure
that is damaged or destroyed by a nonvoluntary fire or explosion,
earthquake, or other natural disaster may be restored or replaced
to its density (including square footage and number of rooms or dwelling
units, as applicable), parking, building footprint and envelope, and
height that existed prior to the destruction subject to the following:
A.
Damaged Structure Restoration Application.
1.
Application. To request a permit to restore a damaged structure, the applicant
must submit a complete application on a form provided by the Director
in addition to any other material, reports, dimensioned plans, or
other information required to take action on the application. Each
application shall also include:
a.
Two estimates of the cost of repair
or reconstruction from properly licensed contractors. The estimates
must contain sufficient detail to ascertain the scope of the proposed
work and include the contractor's profit, overhead and insurance cost.
b.
For structures that have been posted
with either a no entry notice (Red-tagged) or limited entry notice
(Yellow-tagged), a written structural analysis of the structure prepared
by a licensed engineer in accordance with the standards provided by
the Building and Safety Division.
c.
Two sources of documentation of the
pre-destruction condition of the property or structure sufficient
to enable the City to determine whether the project involves in-kind
repair or reconstruction. Documentation may include:
i.
Approved building permits;
ii.
Approved construction drawings;
iii.
Surveys from licensed
surveyors;
iv.
County assessor information;
v.
Certified property appraisals;
vi.
Sanborn maps;
vii.
Reports or drawings
prepared by an insurance company to support damage claims;
viii.
Photographs;
ix.
City planning records; or
x.
Any other verifiable information.
2.
Review Process. Each application to restore a damaged structure shall require plan
check approval as the final review prior to issuance of the applicable
permit. In addition, the following procedures shall apply:
a.
Where the cost of repair is less
than 50 percent of the replacement value of the structure, or where
less than 50 percent of the exterior walls are removed to the foundation
(regardless of cost of repair), the following review or reviews will
be required:
i.
If there is not a significant design
change from the original design, Administrative Approval and plan
check is required.
ii.
If there is a significant design
change, Architectural Review Board review is required. Single-Unit
homes are not subject to Architectural Review Board pursuant to this
subsection.
b.
Where the cost of repair equals or
exceeds 50 percent of the replacement value of the structure, and
50 percent or more of the exterior walls are removed to the foundation,
but the development on the parcel is below the development review
threshold for the district in which it is located, Administrative
Approval and Architectural Review Board approval shall be required.
c.
Where the cost of repair equals or
exceeds 50 percent of the replacement value of the structure, and
50 percent or more of the exterior walls are removed to the foundation,
and the development on the parcel is above the development review
threshold for the District in which it is located, a Development Review
Permit is required prior to plan check. Architectural Review Board
approval shall also be required.
d.
Notwithstanding the above, any restoration
of a damaged structure that is a City-Designated Historic Resource
shall be subject to the review of the Landmarks Commission.
3.
Standards for Review. The following standards shall govern the review of an application
for damaged structure restoration:
a.
Administrative Review. Administrative approval shall be granted if the project plans reflect
in-kind repair or reconstruction.
b.
ARB/Landmarks Review. The Architectural Review Board, or for City-Designated Historic
Resources the Landmarks Commission, or Planning Commission/City Council
on appeal, shall grant approval if both of the following findings
can be made:
i.
The structure's architectural design
is substantially similar to the pre-damage design; or, if a significant
design change is involved, the structure's architectural design is
compatible with the general area in which it is located.
ii.
If the structure is a City-Designated
Historic Resource and being repaired, the repair will meet the Secretary
of the Interior's Standards and will not compromise the architectural
or historical integrity of the structure or potential district; or,
if being reconstructed, the reconstruction is required, based upon
an estimate from a professional experienced in rehabilitation of historic
structures, demonstrating it is not economically feasible to repair
the structure. The Landmarks Commission may request 2 alternative
evaluations and detailed estimates to support the determination of
economic infeasibility.
c.
Development Review Permit. The Planning Commission, or City Council on appeal, shall grant
approval if all of the following findings can be made:
i.
The structure's architectural design
is substantially similar to the pre-damage design; or, if a significant
design change is involved, the structure's architectural design is
compatible with the general area in which it is located;
ii.
The plan for the proposed building
or structure is expressive of good design and in general contributes
to the image of Santa Monica as a place of beauty, creativity and
individuality;
iii.
The proposed building
or structure is not of inferior quality such as to cause the nature
of the local neighborhood or environment to materially depreciate
in appearance and value; and
iv.
If the structure is a Historic Resource,
the repair will meet the Secretary of the Interior's Standards and
will not compromise the architectural or historical integrity of the
structure or potential district; or, if reconstruction is involved,
based upon an estimate from a professional experienced in rehabilitation
of historic structures, it is not economically feasible to repair
the structure.
d.
Any reconstruction, repair, or restoration
undertaken pursuant to this Section shall conform to all applicable
Technical Code requirements, and a building permit must be obtained
within 2 years, or 3 years if a Development Review Permit is required,
after the date of the damage or destruction. The Director may approve
an extension if the owner has applied for and diligently pursued approval
of the building permit.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A legal, nonconforming use may be
maintained subject to the following provisions:
A.
Change of Ownership. A change
of ownership, tenancy, or management of a nonconforming use shall
not affect its status as a legal, nonconforming use.
B.
Abandonment. If a nonconforming
use of a building, structure, or parcel ceases for a continuous period
of one year or more, the use shall be considered abandoned, and the
building, structure, or parcel shall thereafter be used only in accordance
with the regulations for the District in which it is located except
as provided below. It is the responsibility of the applicant to provide
evidence demonstrating to the satisfaction of the Director that the
use was legally established and has not been abandoned. Notwithstanding
the above, no nonconforming residential use shall be considered abandoned
regardless of the length of time of non-use unless the Director determines
the building is dangerous, unsafe, a health and safety hazard, and/or
uninhabitable, and these conditions cannot be remedied.
1.
The one-year period to determine that a
nonconforming use has been abandoned shall commence when the use ceases
and any one of the following occurs:
2.
Once the one-year period has commenced
under subsection (B)(1) that period shall only be terminated if the
nonconforming use is fully licensed, permitted, and operational for
60 continuous days. Operational shall mean that the nonconforming
use is open for business to the public and provides services typically
associated with the nonconforming use during the hours and days that
are customary for that nonconforming use.
3.
Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection (B)(1) shall relate back and commence with the cessation of use.
4.
Except as provided in subsection (B)(5),
no nonconforming use may be resumed, reestablished, or reopened once
it has been determined to have been abandoned for one year.
5.
If the nonconforming use of a building,
structure, or parcel occurred in a City-designated Historic Resource,
the nonconforming use may be resumed, reestablished, or reopened even
if that nonconforming use has been abandoned for more than one year
and other uses have occurred since that abandonment if a Conditional
Use Permit is obtained based on the following findings:
a.
The City-designated Historic Resource
was not in residential use as of December 16, 2014;
b.
The proposed use is compatible with
existing and permissible land uses within the District and the general
area in which the proposed use is to be located;
c.
The proposed use is compatible with
any of the land uses presently on the subject parcel if the land uses
are to remain;
d.
The physical location or placement
of the use on the site is compatible with and relates harmoniously
to the surrounding neighborhood;
e.
The subject parcel is physically
suitable for the type of land use being proposed; and
f.
The proposed use would not be detrimental
to the public interest, health, safety, convenience, or general welfare.
6.
Notwithstanding the foregoing, or anything
to the contrary in this Ordinance, the following legal, nonconforming
uses may be resumed, reestablished, or reopened, even if that nonconforming
use has been abandoned for more than one year, unless a conforming
use that meets the applicable requirements of the Zoning Ordinance
has been lawfully established in the space previously occupied by
the nonconforming use:
C.
Conversion to Conforming Use. If a nonconforming use is converted to a conforming use, the nonconforming
use may not be resumed except as authorized by subsection (B)(5).
D.
Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use. The nonconforming use of land shall not be expanded or extended in area, except that outdoor dining areas and other outdoor spaces permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall not be considered an expansion in area for the purposes of this subsection.
E.
Intensification of Uses. A
nonconforming use shall not be permitted to substantially change in
mode or character of operation. A substantial change in mode or character
of operation shall include, but is not limited to, addition of uses,
a change in operational hours that extends past 11:00 p.m. any night
Sunday through Thursday and/or midnight on Friday and/or Saturday
or begins before 7:00 a.m., a 5% increase in the floor area of the
premises, or a 5% increase in the number of seats in any restaurant,
but in no case shall the increase exceed any established seating limitation
in the underlying zoning district.
F.
Continuation/Reinstatement. The uses existing in a structure that have been restored pursuant to Section 9.27.040 may be continued/reinstated in the reconstructed/replacement structure so long as no continued/reinstated nonconforming uses are expanded, changed or substituted.
G.
Legal, Nonconforming Rent-Controlled
Multiple-Unit Properties. Notwithstanding subsection (D), existing multi-unit residential units in the R1 Single-Unit Residential District that are presently controlled by Article XVIII of the City Charter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, parcel coverage and off-street parking (unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-unit residential property does not increase.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 22,
adopted June 14, 2016; Ord. No. 2726CCS § 10, adopted October
25, 2022; Ord. No. 2741CCS § 4, adopted April 11, 2023)
Nothing contained in this Chapter
shall be construed or implied so as to require the removal of governmental
or public utility buildings, structures, equipment, or facilities
provided that there is not a change of use nor enlargement of the
land area devoted to the use.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
When any nonconforming building or
use is required to be eliminated pursuant to the provisions of this
Chapter, no building permit or Certificate of Occupancy shall thereafter
be issued for further continuance, alteration, or expansion of the
nonconforming building or use. The issuance of the permit or Certificate
in error shall not be construed to allow the continuation of the nonconforming
building or use.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Nothing contained in this Chapter
shall be construed or implied so as to allow for the continuation
of illegal nonconforming buildings and uses. These uses shall be removed
immediately upon notification by the Director.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
A rental unit registered with the Santa
Monica Rent Control Board, which was built or created without City
planning or building permits shall not be required to meet the setback
and density requirements of this Ordinance if the unit is or can be
made habitable as determined by the Director.
B.
A rental unit exempt from setback and density requirements pursuant to subsection (A) of this Section shall be required to provide parking for the unit pursuant to Chapter 9.28, Parking, Loading, and Circulation, unless the Director determines that the provision of parking is not feasible. Parking which would result in a significant reduction in setback space is not feasible. The location of any feasible parking shall comply with the Chapter 9.28, Parking, Loading, and Circulation, except the Director may authorize a reduction in parking space dimensions so long as the space remains accessible and safe.
C.
A rental unit that meets the requirements
of this Section shall be considered a legal, nonconforming unit.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
No person shall occupy any nonconforming
building and no person shall continue any nonconforming use except
as provided for in this Chapter.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A.
Except as provided in Section 9.31.070(D), parking lots on parcels in Residential Districts shall be permitted to remain provided:
1.
The commercial parcel supported by the
residential parking lot is not redeveloped for another use;
2.
The lot remains as a surface level parking
lot;
3.
The use or uses existing on the commercial
parcel supported by the residential parking lot do not change. For
purposes of this requirement, a change of use shall be defined as
any new use which requires more intense parking standards than exists
on the effective date of the ordinance codified in this Chapter;
4.
The square footage of the existing commercial
building on the commercial parcel is not added to or enlarged beyond
50% of the floor area existing on the effective date of this Chapter;
and
5.
The required parking for any new addition
or expansion under 50% is not located on the residentially zoned parking
lot. A parking lot on a residentially zoned parcel shall revert to
residential use when one or more of the above conditions are not met.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
