The Uniform Building Code which is now or which may hereafter be adopted by the city, insofar as it may conflict with this chapter, is not repealed, and the provisions of the building code shall take precedence over this title and be in full force and effect. The provisions of both this title and the building code, if possible, shall be construed together to give effect to both, including all provisions of a more restrictive nature.
(Ord. 1719 § 1, 2010)
Where any provision of this title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this title shall govern.
(Ord. 1719 § 1, 2010)
A. 
The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more or less restrictive classification, except as otherwise specified.
B. 
Only uses that are enumerated in the Zoning Code are permitted, as well as uses determined by the planning commission and city council by resolution to be consistent with permitted uses in the Zoning Code pursuant to Section 18.08.050. The La Habra Zoning Code is a permissive zoning code, and the express prohibition of certain uses shall not be interpreted to mean that other, nonenumerated uses are permitted.
(Ord. 1746 § 2, 2013)
Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein; provided, however, such uses are similar to those mentioned and are in the opinion of the planning commission and city council, as evidenced by a resolution in writing, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned in the respective zones.
(Ord. 1719 § 1, 2010)
Uses other than those specifically mentioned in this title as uses excluded from any zone may be excluded therefrom; provided, that such uses are in the opinion of the planning commission and city council, as evidenced by a resolution in writing, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.
(Ord. 1719 § 1, 2010)
The following regulations shall apply to all nonconforming buildings and structures or parts thereof and uses existing at the effective date of the ordinances codified in this title.
A. 
Any such nonconforming building or structure may be continued and maintained provided that there is no increase or enlargement in usable floor area or intensification of the building/structure as determined by the director of community development.
B. 
Any site or parcel which is nonconforming to the development standards as established in this title, unless becoming nonconforming as a result of public improvement requirements, may be continued and maintained provided that there is no increase or enlargement in usable floor area or intensification of use of the site as determined by the director of community development. However, any site subject to discretionary review by the planning commission or city council shall be brought into compliance with all current code standards that apply to the extent physically possible as determined by the planning commission.
C. 
Any such nonconforming use may be maintained and continued; provided, that there is no increase or enlargement of the area, space or volume, occupied or devoted to such nonconforming use, except as otherwise provided in this title.
D. 
Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
E. 
Any part of a building, structure or land occupied by such a nonconforming use, which use is abandoned, shall not again be used or occupied for a nonconforming use. Any part of a building, structure or land occupied by such a nonconforming use which use is disconnected for a period of one year or more, shall not again be used or occupied for a nonconforming use.
F. 
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification.
G. 
In all "R" zones, every nonconforming building or structure which was designed, arranged or intended for a use not permitted in the R zones, shall be completely removed, or altered and converted to a conforming building, structure and use when such buildings or structures have reached, or may hereafter reach, the age of forty years, computed from the date the building was erected; provided, however, that this regulation shall not become operative until ten years from the effective date of Section 16.05 of Ordinance 195.
H. 
Any sign, billboard, commercial advertising structure or statuary which is lawfully existing and maintained at the time this title becomes effective may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto; and provided further, that all such nonconforming signs, billboards, commercial advertising structures or statuary, and their supporting members, shall be completely removed from the premises as stated in Section 18.23.110.
I. 
The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassifications of zones under this title or any subsequent change in the regulations of this title; provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures or uses, the period shall be computed from the date of such reclassification or change.
(Ord. 1719 § 1, 2010; Ord. 1730 § 1, 2011; Ord. 1852, 12/4/2023)
Any building or structure for which a building permit has been issued prior to the effective date of any change to this title may be completed and used in accordance with the plans, specifications and permits on which the building permit was granted, if construction is commenced within sixty days after the issuance of the permit and diligently prosecuted to completion.
(Ord. 1719 § 1, 2010)
Nothing in this title shall prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion or acts of God, subsequent to the effective date of the ordinance codified in this title, wherein the expense of such reconstruction does not exceed fifty percent of the fair market value of the building or structure at the time such damage occurred. All such reconstruction shall be performed under one building permit, started within a period of one year from date of damage and diligently prosecuted to completion.
(Ord. 1719 § 1, 2010)
In the event that a service station is closed and not operated for a period of one hundred eighty consecutive days, the director of planning and community development shall notify the property owner and the oil company last occupying the site that the conditional use permit shall become null and void unless application for an extension of time is made to the planning commission within thirty days. The planning commission shall review any requests for extension as provided in Section 18.66.090. If no extension of time is requested, or the planning commission denies an extension of time for the conditional use permit, the director of planning and community development shall require the removal of all pumps, tanks, pump islands, signs, canopies and structures under the provisions of Chapter 18.08 of this code and Part 2, Title 19, Chapter 2, Code of Civil Procedure, state of California, Section 731, et seq. If the service station site is utilized for a use other than gasoline sales, all tanks and pumps shall be removed.
(Ord. 1719 § 1, 2010)
No land, building, structure or premises shall be used, designed, moved, altered, added to, enlarged, or intended to be used for any purpose or in any manner other than a use listed in this title, or amendments thereto, as permitted in the district in which such land, building, structure or premises is located; and no land, building, structure, or premises shall be permitted to be used for any purpose prohibited by federal, state, or local law or that would be in conflict with the Constitution and laws of California or the United States.
(Ord. 1746 § 1, 2013)
A. 
The director of community development may grant a deviation from any development standard within any zone if it is determined that such deviation improves the project design and does not exceed ten percent of the standard.
B. 
Application. Applications for administrative remedy, deviation of development standards shall be made in writing to the director of community development through the administrative adjustment application process. The fee for such action shall be that established within the city of La Habra master fee schedule.
C. 
Time Limit. The administrative adjustment shall expire and become null and void within twelve months after date of approval if not utilized.
D. 
Extensions. A request for an extension shall be made in writing to the director of community development prior to the expiration of the administrative adjustment. A deviation of development standard administrative adjustment may be extended for one additional year.
E. 
Limitations. A deviation may not be granted if the deviation would result in any changes to classification of land use or density.
F. 
Decisions and Appeals. The director shall issue a written determination within thirty days of receipt of a completed deviation of development standard administrative adjustment application. Within fourteen working days of the date the director issues a written determination, any person aggrieved or affected by the decision may appeal such determination in writing to the planning commission or to the city council, as applicable.
(Ord. 1727 § 3, 2011)
Any application for a discretionary permit, such as design review, conditional use permit, tentative map, zone variance, planned unit development, etc., shall become null and void within six months after date of the project having been deemed initially incomplete. An extension of six months may be approved by the director of community and economic development upon the submittal of a continuance request fee, as per the fee schedule, to cover the costs of extending the application.
(Ord. 1748 § 3, 2013)