Note: Prior ordinance history: Ords. 209, 285, 313, 454,
832, 933, 1108, 1159, 1187, 1208 and 1216.
A nonconforming building, structure or improvement is one which
lawfully existed on any lot or premises at the time the first zoning
or districting regulation became effective with which such building,
structure or improvement, or portion thereof, did not conform in every
respect.
Any such nonconforming building, structure or improvement may
be continued and maintained, except as otherwise provided in this
chapter, but may not be moved in whole or in part unless and except
every portion thereof is made to conform to the provisions of this
title.
(Ord. 1282 § 1, 1994)
means a use of a building or land which use was carried on
the effective date of the ordinance codified herein and which does
not conform to the uses permitted in the zone in which it is located.
Any such nonconforming use may be continued except as otherwise
provided in this chapter.
(Ord. 1282 § 1, 1994)
If any nonconforming use or portion thereof is abandoned or
ceases for a period of twelve or more consecutive months, or is changed
to a conforming use, it shall not thereafter be reestablished or reopened.
(Ord. 1282 § 1, 1994)
A legal nonconforming structure may be enlarged or expanded
if:
(A)
The enlargement or expansion complies in every respect with all applicable
provisions of this Title 25 Laguna Beach Municipal Code; and
(B)
When design review is required, the approval authority finds that the proposed enlargement or expansion and the project as a whole complies with the Design Review Ordinance Intent and Purpose Section 25.05.040(A) and Design Review Criteria as set forth in Section 25.05.040(H). (The existing nonconformities shall be identified in the public hearing notice.); and
(C)
The required number of parking spaces is provided per Chapter 25.52, Parking Requirements. However, existing single-family dwellings that have a nonconforming number of required parking spaces may be enlarged or expanded without complying with the required number of spaces, if the total gross floor area of the residential structure, including the proposed enlargement or addition, does not exceed fifteen hundred square feet and at least one parking space is provided on the property.
(Ord. 1282 § 1, 1994; Ord. 1416 § 22, 2002; Ord. 1515 § 6, 2009)
If any part of a nonconforming portion of the structure is substantially
removed or modified in such a way that it compromises the structural
integrity of the building, that portion must be rebuilt in conformance
with zoning regulations.
(Ord. 1282 § 1, 1994)
A nonconforming use or portion thereof shall not be enlarged
or expanded.
(Ord. 1282 § 1, 1994)
While a nonconforming use exists on any lot, no new building
shall be erected or placed thereon even though the new building and
its use would otherwise conform to the provisions of this title.
Once the nonconforming use or building is entirely removed from
the lot or the building is made to comply in use to the regulations
of the particular district wherein located, then the lot may be used
for any purpose conforming with this title.
(Ord. 1282 § 1, 1994)
Notwithstanding the extent of damage, any legal nonconforming building, structure or improvement which has been damaged by fire, flood, wind, earthquake or other disasters may be repaired, restored, replaced or reconstructed up to the original size, placement and density within five years of such damage or destruction, notwithstanding any other provision of this title; provided, however, that no multiple-family dwelling which has been so damaged to the extent of more than fifty percent of the value of such building, structure or improvement immediately prior to such calamity shall be repaired, restored, replaced or reconstructed unless the provisions of Chapter 25.52 are complied with in full; and provided further, however, that no shore protective device shall be repaired, restored, replaced or reconstructed unless it is consistent with prevailing zoning regulations and general plan policy.
(Ord. 1282 § 1, 1994; Ord. 1530 § 1, 2010)
The foregoing provisions of this section shall also apply to
nonconforming uses and buildings which are made such by any future
reclassification of the district in which the particular use or building
is located.
(Ord. 1282 § 1, 1994)
Regardless of any other provisions of this title, any public
utility use existing in any building or structure, or on any premises
at the time of the adoption of the ordinance codified herein shall
be deemed to be a conforming use or a conforming building or structure
as the case may be, in whatever district said use is conducted or
whatever district said building structure or premises are located.
(Ord. 1282 § 1, 1994)
(A)
Notwithstanding any other provisions of this section, any parcel
of land or lot which has been lawfully created and has received a
building permit for the establishment and use of any building or structure,
but which does not comply with the current access standards of this
code, shall nevertheless be conclusively presumed to be a building
site to the extent that any nonconformity arises solely out of a lack
of compliance with current access standards.
(B)
In order to verify that the parcel and any structures thereon were
lawfully established in accordance with the regulations in effect
at the time, the director of community development may require the
submittal of adequate documentation, including, but not limited to,
the following:
(1)
Evidence of a building permit, special inspection or any other means
whereby the original code compliance of the structure may be reasonably
ascertained;
(2)
Any information that validates the division of land whereon the building,
structure or improvement is located, including grant deeds, recorded
maps and title reports. Any determination made by the director of
community development shall consider that this subsection is intended
to maintain, to the maximum extent feasible, the status of any parcel
as a building site once such status has been lawfully granted, and
that a parcel of land is not dispossessed of its standing as a building
site because of any subsequent amendments or changes to the access
standards of the city.
(C)
If additions or alterations exceed fifty percent of the existing population density or intensity of use, the provisions of Chapter 25.53 (Access and Improvement Requirements) shall apply; provided, however, that any improvement requirements that may be imposed may be codified to preexisting, established and paved street or driveway gradients and are limited to those that would normally be required attendant to the application in order to meet the minimum access standards for the subject site, and any improvements based upon the number of building sites served shall be limited to the number of lots or building sites that are the subject of the application.
(Ord. 1282 § 1, 1994)
Notwithstanding any other provisions of this title, any nonconforming lot or parcel that has been lawfully created but does not conform to the lot area and/or the lot dimension standards for the zone in which it is located, and is a legal building site pursuant to the definition contained in Section 25.08.004, shall be allowed to be developed without approval of a nonconforming lot variance, provided that the development complies with allowable density standards specified for the zone and general plan land use designation and all applicable zoning regulations. A lot or parcel that is proposed to be subdivided, including a condominium subdivision, shall be in compliance with the applicable lot area and lot dimension standards for the zone in which it is located.
(Ord. 1515 § 7, 2009)
