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)
