As used in this chapter the expressions "Type 1, Type 2, Type 3, Type 4 and Type 5 building" are used as defined in the Building Code.
(LACC Ord. 1494 § 509.1, 1974)
The following regulations shall apply to all nonconforming uses:
A.
Continuation of Nonconforming Uses. A nonconforming use may be continuously maintained, provided there is no alteration or addition to any structure nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this code.
B.
Additions to a Nonconforming Use. This section does not authorize the extension, expansion or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use or permit the addition of land, buildings or structures used in conjunction with such nonconforming use except:
1.
To the extent required by a subsequently enacted or subsequently adopted law, ordinance or regulation and the director so finds. Such additions as are permitted by this subsection shall not be construed to extend the termination date of the subject nonconforming use;
2.
Additions may be made to a nonconforming dwelling unit without requiring any additional garage, carport, parking space or driveway paving; provided, that such additions neither increase the number of families that can be housed in such structure, nor occupy the only portion of an area which can be used for required garages, carports, parking space or access thereto. Such additions as are permitted by this subsection shall not be construed to extend the termination date of the subject nonconforming use.
3.
Existing convenience stores may expand within existing exterior walls only, subject to a conditional use permit.
C.
Additions to a Nonconforming Building or Structure. Additions may be made to a nonconforming building or structure which is not in violation of any provisions of this code and is nonconforming only because it does not meet the following standards of development as provided herein:
1.
Yards, provided such addition or expansion is developed pursuant to the yard requirements of this code;
2.
Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this code;
3.
Access and paving width of access, improvement and landscaping of parking areas provided such addition or expansion shall be developed pursuant to the provisions of Chapter 11.38. Where the amount of parking provided prior to such addition is sufficient to comply with Chapter 11.38 after such expansion it shall be deemed to comply with this subsection;
4.
Such additions as are permitted by this subsection shall not be construed to authorize the modification of any provision of this code nor extend the termination date of the subject nonconforming use.
D.
Substitution of a Conforming Use in a Structure, Nonconforming Due to Standards Other Than Parking.
A use which is not in violation of any provisions of this code and is nonconforming only because it does not meet the requirements of the standards of development, other than automobile parking space requirements, may be changed to a use permitted in the zone. Any such change of use shall not extend the termination date established for the original nonconforming use.
E.
Substitution of a Conforming Use in a Structure Nonconforming Due to Parking. A use which is not in violation of any provisions of this code and is a nonconforming use only because it does not meet automobile parking space requirements may be changed to a use permitted in the zone having the same or a lesser parking requirement. Any such change of use shall not extend the termination date established for the original nonconforming use.
F.
Buildings and Structures Under Construction. Any building or structure, for which a valid building permit has been issued prior to the operative date of this code or any amendment thereto, may be completed and used in accordance with the provisions of this code provided:
1.
That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said operative date; and
2.
That such building or structure is completed within:
a.
One year from said operative date, if two stories or less in height and not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet,
b.
One and one-half years from said operative date, if three to six stories in height and not more than 100,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 100,000 square feet,
c.
Two years from said operative date if seven stories or more in height and not more than 150,000 square feet in floor area except that one additional month shall be permitted for each 15,000 square feet in excess of said 150,000 square feet;
3.
That such building structure is completed in accordance with the plans and specifications on which such building permit was issued.
G.
Repair of Partially Damaged or Destroyed Nonconforming Buildings or Structures. Any nonconforming building or structure or any building or structure containing a nonconforming use which is partially damaged or destroyed may be restored to 100% of the dimensions, footprint and use it was immediately in prior to the occurrence of such damage or destruction, provided:
1.
That if the cost of reconstruction exceeds 50% of the replacement construction value of the building or structure at the time of damage or destruction, an administrative (staff) review shall be conducted that may limit reconstruction of parts of the project that would create a health or safety issue. Such cost shall not include the land or any factor other than the building or structure itself. The administrative review shall identify those items that, for reasons of health or safety, shall not be allowed to be reconstructed to the dimensions, footprint or use as they were prior to the damage, and shall provide for those items the required degree of compliance with current code. The administrative review shall also identify all other nonconforming items on the lot to provide the property owner with the option to remove non-health or safety-related nonconformities;
2.
That all such reconstruction shall commence within one year from the date of damage and be pursued diligently to completion except where the director of community development finds that circumstances beyond the property owner's control have prevented such commencement. In such a case the director of community development may grant up to an additional year to commence reconstruction;
3.
That the results of the administrative review, or the determination regarding the allowance of time to commence reconstruction, may be appealed to the city council;
4.
That if the building use is commercial and is subject to the review criteria in subsection (G)(1) of this section, the building shall also be subject to façade and sign review and approval by the design commission; and
5.
That reconstruction shall not extend the termination date of such nonconforming building or structure specified in this code.
H.
Limitation on Additional Development. No new use, building or structure shall be developed on any lot or parcel of land containing a nonconforming use, building or structure unless the following conditions prevail:
1.
That each existing and proposed use, building or structure, including appurtenant structures, improvements and open space, will be located on a lot or parcel of land having the required area as provided in this code for the zone in which it is located; and
2.
That such lot or parcel of land can be divided into smaller lots or parcels of land each of which when considered as a separate lot or parcel of land will contain not less than the required area; and
3.
That each such lot or parcel of land so divided into smaller lots or parcels of land will comply with the requirements of this code as to the number and location of structures.
(LACC Ord. 1494 § 509.2, 1974; Ord. 262, 1996; Ord. 389 §§ 1, 2, 2010)
A.
Termination by Discontinuance. Discontinuance of a nonconforming use for a period of nine months or more shall immediately terminate the right to operate such nonconforming use unless it can be demonstrated to the satisfaction of the director of community development that the nonconforming use had been and continues to be actively marketed. If the use is determined to have been continuously and actively marketed, the director may grant an additional nine months extension beyond the original nine months before the use is terminated.
B.
Termination by Operation of Law. The following nonconforming uses and structures shall be discontinued and removed from their sites within the time specified in this section, except when extended or revoked as otherwise provided in this code:
1.
Where the property is unimproved, one year;
2.
Where the property is unimproved except for structures of a type for which the Building Code does not require a building permit, three years;
3.
Where the property is unimproved except for structures which contain less than 100 square feet of gross floor area, or where such structures have a total market value of $500 or less as reflected by the current assessment roll, three years;
4.
Outdoor advertising signs and structures, five years;
5.
Where a nonconforming use is carried on in a conforming structure five years except where the provisions of subsection (B)(3) apply;
6.
In other cases 20 years from effective date of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the building code, will be as follows:
(LACC Ord. 1494 § 509.3, 1974; Ord. 389 § 3, 2010)
Any nonconforming publicly owned use, including but not limited to, schools, colleges, parks, libraries, fire stations, sheriff stations and other public sites, may be added to, extended or altered if such additions, extensions or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this code pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 11.50.020.
(LACC Ord. 1494 § 509.4, 1974)
Any nonconforming public utility building, structure, equipment or facility necessary for operating purposes, but excluding offices, service centers or yards, may be added to, extended or altered, provided there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this code pertaining to nonconforming structures shall be construed to require the termination, discontinuance or removal of such uses except as provided in Section 11.50.020.
(LACC Ord. 1494 § 509.5, 1974)
A.
Request for Review. An application may be filed with the commission:
1.
Requesting extension of the time within which a nonconforming use or structure must be discontinued and removed from its site as specified in Section 11.51.030(B), or
2.
Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a nonconforming building is vacant despite efforts to insure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located.
The commission may accept such filing either before or after the date of expiration of such nonconforming use. |
B.
Application and Procedure. Except as specifically provided in this section, the application and all procedure relative to notification, public hearing and appeals shall be the same as for a conditional use permit.
C.
Burden of Proof. In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the zoning board and/or commission, the following facts:
1.
That the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and
2.
That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
D.
Findings and Decision. After a public hearing, the commission shall consider, or the zoning board shall consider and recommend to the commission, applications for a nonconforming use and structure review. In making such determination, the commission shall consider the following principles and standards and may approve such permit where the information submitted by the applicant and/or presented at public hearing substantiates the following findings:
1.
That the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and
2.
That such adjustment will not be materially detrimental to the public health, safety or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity.
E.
Conditions. The commission in approving an application for a nonconforming use and structure review may impose conditions it deems necessary to insure that the approval will be in accord with the findings required. Conditions imposed by the commission may involve any pertinent factors affecting the establishment, operation and maintenance of the use requested, including, but not limited to those specified in Section 11.43.100.
(LACC Ord. 1494 § 509.6, 1974)