The intent and purpose of this chapter is to establish regulations
and procedures applicable to unusual uses of land where the circumstances
and conditions require special attention, and where the application
of this chapter during the course of the administration and enforcement,
results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
Regulations governing nonconforming uses shall be as set out
in this chapter.
(Prior code § 9213.03)
It shall be the duty and responsibility of the zoning administrator
to determine and substantiate the existence of any nonconforming use.
(Prior code § 9213.03(A))
The regulations set out in this chapter shall apply to all nonconforming
uses of land.
(Prior code § 9213.03 (B))
Whenever a development of record existed legally prior to the adoption of the ordinance codified in this zoning code, and because of the application thereof such development is nonconforming with respect to the property development regulations of Chapter 18.42 of this title, such development may remain as lawfully existing, provided that any addition or alterations are made to comply with this title, except as further set forth in Section 18.54.060 below.
(Prior code § 9213.03 (B)(1))
Each and every nonconforming use may be continuously maintained and utilized, provided that no intensification or increase in the degree of nonconformity shall be permitted. Continuation of such nonconforming use shall be limited by and subject to the provisions and application of Sections 18.54.070, 18.54.080 and 18.54.090(A) of this chapter, and in the following cases:
A.
Exception
I. Nonconforming uses may be intensified, and the degree of nonconformity
may be expanded, if the original structure and the expansion are made
to conform with the provisions of this title.
B.
Exception
II. Structural alterations, required by law, may be constructed.
C.
Exception
III. Alterations or additions to nonconforming single-family dwellings
may be made without complying with the parking regulations of this
title provided that the existing dwelling contains a legally permitted
one-car garage or carport. In addition to said parking, the existing
driveway leading to the garage or carport shall be widened to accommodate
a nine-foot by twenty-foot open parking space in compliance to Section
18.44.050B(2) of this title. In the event that the existing driveway
cannot be widened due to existing physical obstructions, the existing
driveway shall be considered to comply with required parking provisions
of this title. Garage conversions shall not be exempt from the parking
regulations of this title. Existing single-family dwellings may improve
nonconforming driveways that do not lead to required parking provided
that the driveway does not exceed ten feet in width and not increase
in length.
D.
Exception
IV. Side yard setbacks for nonconforming single-family dwellings and
detached accessory structures may be reduced to a minimum of three
feet to permit expansion in line with existing building walls.
E.
Exception
V. Minor alterations or additions to existing legal nonconforming
commercial or industrial buildings may be constructed, provided that
the addition conforms to the provisions of this title.
F.
Exception VI. Residential structures and uses, and equestrian structures and uses, legally existing and permitted, located on property annexed to the city in 1996—1997 and prezoned industrial general (I-G) shall not be subject to Section 18.54.070 or Section 18.54.080, and may be continued in use and may be reconstructed after any amount of accidental destruction caused by fire, explosion or other casualty or act of God. In all other respects, such uses and structures shall comply with Chapter 18.54 of the Pico Rivera Municipal Code.
(Prior code § 9213.03 (B)(2); Ord. 778 § 1, 1990; Ord. 834 § 15, 1993; Ord. 888 § 3, 1996)
A.
The
nonconforming use of land shall be abated and usage thereof shall
be terminated upon the expiration of the periods of time hereinafter
set forth in this section. Such periods of time shall be deemed to
commence to run as of the effective date of this section or the date
that such nonconforming use of land first became nonconforming by
reason of application of this zoning code thereto, whichever occurs
later.
B.
Nonconforming
Adult Establishments, Businesses or Other Adult Uses Discontinuance
Required Within Three Years. Notwithstanding other provisions of this
code, within three years after the effective date of the ordinance
codified in those sections of this code relating to land uses characterized
by their emphasis on matters depicting, describing or relating to
specified sexual activities or specified anatomical areas, such uses
shall be discontinued or shall be brought into full compliance with
local regulations.
C.
Where
the property is unimproved, including, but not limited to, areas used
for vehicle off-street parking facilities, one year.
D.
Where
the property is unimproved, except for structures of a type for which
the building code does not require a building permit, three years.
E.
Where
the property is unimproved except for a structure which contains less
than one hundred square feet of gross floor area, three years.
F.
A nonconforming use housed in a nonconforming building, as set forth by subsection H or change of use, whichever comes first.
G.
A nonconforming
use of a conforming building or structure, ten years or change of
use, whichever comes first.
H.
Termination
of Nonconforming Buildings or Structures by Operation of Law. Nonconforming
buildings or structures shall be abated and usage thereof shall be
terminated upon the expiration of the period of time indicated hereafter.
(Prior code § 9213.03 (B)(4); Ord. 610 § 3, 1979; Ord. 611 § 3, 1979; Ord.
765 § 49, 1989)
Any nonconforming use of land shall be terminated if destroyed
to the extent of more than fifty percent at the time of its destruction
physically by fire, explosion or other casualty or act of God, and/or
destroyed to the extent of more than fifty percent of the value existing
prior to the time of such destruction. For the purposes of arriving
at such value, the building official shall determine the valuation
of such nonconforming use that existed prior to such destruction by
such accepted principles, practices, methods and other resources available.
(Prior code § 9213.03 (B)(3))
Any nonconforming use of land shall be terminated if it ceases
such use for a continuous period of six months and any subsequent
uses shall comply fully with the provisions of this chapter.
(Ord. 765 § 50, 1989)
(Prior code § 9213.03 (B)(5), (C)(part))
The planning commission shall have the authority to make a finding
and determination that the continuation of a nonconforming use results
in a nuisance, as defined in the Civil Code of the state of California,
and/or is detrimental to the public health, safety and general welfare.
The planning commission shall provide for the abatement of such nuisance
and/or detrimental condition, or, in the alternative, terminate such
nonconforming use, in the manner hereinafter provided.
(Prior code § 9213.03 (C)(1))
Whenever any nonconforming use is so exercised so as to constitute
a nuisance and/or condition detrimental to the public health, safety
and general welfare, the planning commission on its own initiative
shall make, or cause to be made, such investigations deemed necessary
and essential to substantiate same, and shall fix a date upon which
such nuisance and/or detrimental condition shall be abated, at a public
hearing as hereinafter provided. Such investigation shall also include
necessary and essential facts to substantiate and fix a date upon
which the nonconforming use shall be terminated in event it is determined,
by the planning commission at the hearing, that the conditions or
circumstances constituting such nuisance and/or detrimental condition
cannot be abated. In performance of this investigative function, the
planning commission shall consider all pertinent data in conjunction
therewith and shall allow the owner, lessee or other person having
a vested interest therein, if there be such, to present such evidence
as they may possess and which will bear directly on such matter.
(Prior code § 9213.03 (C)(2))
When the date for abatement of a nuisance, detrimental condition
and/or termination of a nonconforming use has been determined, the
planning commission, by notice of abatement nuisance and/or detrimental
condition or notice of termination of nonconforming use, shall establish
such date, and set forth such facts as bear upon the case upon which
the determination of the abatement or termination is based, and shall
formally notify the owner, lessee or other person having a vested
interest therein of its action forthwith.
(Prior code § 9213.03 (C)(3))
Prior to the notice of abatement of nuisance and/or detrimental
condition or notice of termination of nonconforming use taking effect,
the planning commission shall hold a public hearing conducted in the
following manner:
A.
Setting
of Hearing. The planning commission shall set a public hearing for
consideration of the notice of termination not less than ten days
nor more than thirty days from the date of filing or adoption of such
notice.
B.
Notice
of Hearing. Notice of the time, date and place of the public hearing
shall be given in the following manner:
1.
By
at least one publication in a newspaper of general circulation within
the city in an edition published therefor not less than ten days prior
to the date set for said public hearing; and
2.
By
the mailing of such notice of public hearing not less than ten days
prior to the date set for such hearing to the owner, lessee or other
person having a vested interest therein, and to all owners of property
within a radius of three hundred feet measured from the external boundaries
of the property described in such notice, of which such owners and
property appear on copies of the equalized assessment roll of Los
Angeles County on file in the office of the county assessor. Any error
in the copy of the assessment roll shall not invalidate any act of
the planning commission or city council, as the case may be. In addition
thereto, one copy of such notice shall also be posted on the property
for which such public hearing is being held.
C.
Form,
Wording and Content of Notices. The form, wording and content of notices
of public hearings shall consist of the words "NOTICE OF TERMINATION
OF NONCONFORMING USE," and shall set forth the day of the week, date,
place or exact location, time, file number or other identification,
description of the nonconforming condition, exact legal description
of the nonconforming condition, exact legal description of the property,
and the address or general location thereof relative to the public
hearing or hearings to be held on the matter. Such notices shall appear
in a format acceptable to the planning commission.
D.
Findings.
The planning commission, upon hearing all testimony, upon examination
and review of all submitted evidence, upon ascertaining all other
pertinent facts relative thereto, and in conclusion of the public
hearing shall by resolution set forth its findings, actions and decisions
thereon.
E.
Announcement
of Findings Notice, Finality and Decisions.
1.
The
planning commission shall announce its findings and decisions by formal
written resolution within forty days after conclusion of the public
hearing. Such resolution shall recite and set forth, among other things,
the findings of fact, reasons, conditions, determinations and other
matters which, in the opinion of the planning commission, make the
termination of a nonconforming use necessary, and shall order same.
2.
The
planning commission shall forthwith give the owner, lessee or other
person having a vested interest therein, and the zoning administrator,
written notice of its actions and decisions, together with a copy
of the notice of termination of nonconforming use and such resolution.
(Prior code § 9213.03 (C)(4); Ord. 765 § 51, 1989)
