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is not repealed, and the provisions of the building code shall take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)
B.
The
provisions of this title shall not apply to or limit the city of La
Habra, whether the city acts in a governmental or in a proprietary
capacity.
(Ord. 1719 § 1, 2010; Ord. 1839 § 3, 2022)
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)
