A. 
This section is intended to regulate the continuation, expansion, and abatement of structures, lots, and uses which originally were legally constructed, subdivided, or initiated but which are now nonconforming according to current codes because of subsequent changes in land use regulations or annexations.
B. 
Lawfully established nonconforming uses, structures, and lots may be continued, provided such nonconforming uses, structures, and lots are not in violation of any other ordinance or law. Nonconformities are provided for as follows:
1. 
Nonconforming Use of Land. A nonconforming use of land involving no building shall not be expanded but may be continued for a period not exceeding two years from the time that notice from the city council is sent; provided, however, discontinuance of such nonconforming use for a continuous period of four months shall be deemed to constitute abandonment of any nonconforming rights and any further use of the land shall be in conformity with the regulations for the zone in which the land is located.
2. 
Nonconforming Use of a Conforming Structure. A nonconforming use of a conforming structure may be continued; provided such nonconforming use shall not be expanded or extended into any other portion of the conforming structure. Discontinuance of a nonconforming use for a continuous period of six months shall be deemed to constitute abandonment of any nonconforming rights and any further use of the conforming building shall be in conformity with the regulations for the zone in which the conforming building is located.
3. 
Nonconforming Use of a Nonconforming Structure. A nonconforming use of a nonconforming structure may be continued for the fair amortization period of the nonconforming structure from the time that notice is sent from the city council; provided, however, that any discontinuance of a nonconforming use of a nonconforming building for a continuous period of six months shall be deemed to constitute abandonment of any nonconforming rights and any further use of the nonconforming building shall be in conformity with the regulations for the zone in which the nonconforming building is located.
4. 
Change of Nonconforming Use. A nonconforming use may be changed to a different nonconforming use only upon approval of a conditional use permit, and provided there is no new structure, and the use is not of greater intensity (e.g., traffic, noise, density, parking demand, odor, light), and the size, extent or degree of any existing nonconformity is not increased.
5. 
Alterations of Nonconforming Structures or Improvements Other than Single-Family Residences. A nonconforming structure or improvement (other than a single-family residence) in which a conforming use is located may be enlarged or reconstructed upon the approval of a conditional use permit in accordance with the provisions of Chapter 18.108. Alterations such as façade improvements, interior tenant improvements, interior reconfigurations and compliance with ADA and Title 24 accessibility provisions which do not increase the size, extent or degree of nonconformity shall be allowed without a conditional use permit. Elimination of required parking spaces to comply with accessibility requirements of state or federal law shall not constitute a nonconforming use or an enlargement of an existing nonconforming use.
6. 
Alterations of Nonconforming Residential Structures. A nonconforming residential structure located in a residential district may be altered or enlarged by precise plan in accordance with the provisions of Chapter 18.16, provided that the alteration or enlargement shall not increase the size, extent or degree of nonconformity.
7. 
Nonconforming Lot Development. A single nonconforming lot shall be developed to the standards of the zone in which it is placed. In the case of single ownership of two or more contiguous nonconforming lots, they shall be merged and lot lines redrawn, so that the resulting lot or lots conform or conform more closely to the standards of the applicable zone.
8. 
Restoration of Destroyed Nonconforming Structures and Uses. If any nonconforming structure or use is destroyed by fire, explosion, act of God, or the public enemy such that the cost of restoration or replacement exceeds fifty percent of the replacement cost of the entire structure or use, the replacement shall conform to current regulations; except in the case of a designated cultural landmark, which may be restored no matter what percent damage has been sustained. The building inspector shall determine the extent of destruction and costs of replacement. Reconstruction shall start within eighteen months from the date the damage occurred.
9. 
Conversion of Nonconforming Multiple-Family Buildings and Mobile Home Parks. A nonconforming multiple-family residential building may be converted into condominiums, community apartments, or a stock cooperative and a nonconforming mobile home park may be converted into a mobile home subdivision, cooperative or condominiums, subject to the conversion requirements of this title, commencing with Chapter 18.92.
10. 
Maintenance and Repairs. Maintenance and repairs are permitted provided they do not enlarge or increase a nonconforming use, structure or improvement.
C. 
The intent of this subsection C is to make it possible for owners of single-family homes to make additions to the first floor of their homes when the addition would be an extension of a legal/nonconforming setback. It is not intended to encourage excessively large additions that do not conform to other development standards. The provisions of this subsection C apply only to existing nonconforming setbacks on single-family homes in residential zones and specific plans that permit single-family residential uses and do not supersede or relieve a property owner from compliance with other development standards of the city of La Verne Municipal Code, specific plans, zoning, and other applicable ordinances and subdivisions requirements and resolutions.
1. 
Legal/Nonconforming Structures. Each single-family home in a residential zone or specific plan area with residential uses with an existing nonconforming dwelling unit or structure which otherwise meets current zoning requirements, may have first story additions placed at existing building setbacks subject to the following conditions:
a. 
The continuation of the existing nonconforming setback shall not result in the creation of or continuation of less than three-foot side yards.
b. 
Such expansion or change built to the existing legal/nonconforming setback shall be minimal and shall not be greater than of thirty percent of the length of the elevation with the nonconforming setback.
c. 
Continuation of an existing rear yard setback shall be permitted if the existing structure does not encroach any more than fifteen feet into the required rear yard setback.
d. 
Property owners shall only be allowed to make use of this provision on one setback, e.g., either a side yard setback or a rear yard setback, not both.
e. 
Property owners shall be permitted to make use of this provision only once and will not be permitted to extend existing nonconforming setbacks on other parts of the building or property at a later time.
f. 
The continuation of an existing nonconforming setback shall not create any new nonconformance in height, setback, or lot coverage.
g. 
The addition shall not reduce the required outdoor living area.
h. 
The continuation of an existing nonconforming setback shall not endanger public health or safety.
(Ord. 903 § 2, 1997; Ord. 970 § 3, 2003; Ord. 1068 § 1, 2016; Ord. 1073 § 1, 2016)
Notwithstanding any other provision of this code to the contrary, the following shall apply with respect to massage establishments legally existing as of June 1, 2015.
A. 
All massage establishments shall be required to obtain a conditional use permit no later than June 1, 2018.
1. 
Any massage establishment which had obtained a conditional use permit under the prior regulations (pre SB 731) need not obtain a new conditional use permit. The provisions of Chapter 5.40 shall take precedence over any condition of the conditional use permit to the contrary.
2. 
Any massage establishment that is located in a zone in which massage establishments are not allowed must cease operations at that location no later than June 1, 2018.
B. 
A nonconforming massage establishment use shall terminate if it is discontinued for a period of ninety consecutive days or if the massage establishment fails to timely apply for and obtain a conditional use permit. Notification of the termination shall be provided to the owner(s) of the business and the owner(s) of record of the property upon which a massage establishment is located, hereafter referred to as the "interested parties." Notice of the pending termination shall be provided in writing by the community development department, served by certified, return receipt, first class mail. Notification shall contain the following information:
1. 
The location of the nonconforming massage establishment, including street address and assessor's parcel number;
2. 
The section of this code requiring the termination;
3. 
The effective date of said termination; and
4. 
The process of appeal of said termination.
C. 
Any interested party may appeal the proposed termination of a nonconforming massage establishment pursuant to the following administrative procedure:
1. 
No later than three months prior to the expiration of the amortization period set forth in subsection A above, or within thirty calendar days of the notice of the termination set forth in subsection B above, the interested party may file a written appeal to the community development director. The request shall state all reasons, including, but not limited to, alleged abridgements of the appellant's constitutional rights, and why the termination should not be made effective on the date proposed.
2. 
Within thirty calendar days of service of said appeal the community development director shall meet with the interested party and/or representative to discuss the termination and the appeal. Notice of the meeting shall be provided to all interested parties and shall be given at least five calendar days before the meeting. No later than ten calendar days following the meeting the community development director shall provide written notice of his or her decision to all interested parties.
3. 
No later than fifteen days of service of said written decision by the community development director, any interested party may appeal the decision to the city council by submitting a written notification of the appeal to the city clerk and paying an appeal fee as established from time to time by resolution of the city council.
4. 
No later than forty-five days from the receipt of the appeal, the city clerk shall place the appeal on the city council's agenda and shall cause notice of said appeal to be published once.
5. 
The city council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the city council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action.
6. 
The person requesting the extension shall bear the burden of proof in establishing that the amortization period established by this section is unreasonable and that the requested extension is a reasonable amortization period. In determining whether to grant an extension, the following factors shall be considered:
a. 
The amount of investment in the business;
b. 
The present actual and depreciated value of business improvements;
c. 
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalent;
d. 
The remaining useful life of the business improvements;
e. 
The remaining lease term;
f. 
The ability of a business and/or land owner to change the use to a conforming use;
g. 
The opportunity for relocation to a legally permissible site and the cost of relocation; and
h. 
The date upon which the property owner and/or business owner received notice of the nonconforming status of the massage establishment business and the amortization requirements.
7. 
Absent a timely appeal, the decision of the community development director, or the planning commission, shall be final and conclusive. The decision of the city council on appeal shall be final and conclusive unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6.
(Ord. 1055 § 4, 2015; Ord. 1056 § 4, 2015)
When a proposed use is not specifically listed in this code, the following procedure shall be employed: The applicant shall complete a written request for a classification of use and pay a fee as determined by city council resolution. The development review committee shall hold a public administration hearing to determine whether the use is similar to and compatible with other permitted or conditional uses in the same zoning district, and whether the proposed use should be classified as a permitted or conditional use. Notice of the hearing shall be published at least ten days before the hearing. The development review committee decision may be appealed to the planning commission as set forth in Section 15.06.050 of this code.
(Ord. 903 § 2, 1997)
A. 
All buildings hereafter erected and existing buildings which may be reconstructed, altered, moved, or enlarged shall comply with the height regulations of the zone in which they may be located. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, church spires, chimneys, smoke-stacks, television antenna, or similar structures may be erected above the height limits subject to approval of a precise plan if permitted in the zone.
B. 
In all cases, structures exceeding established height limits shall be permitted only if they are in proportion to the structures on the site and adjacent properties, as determined in the precise plan review, and provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances.
C. 
Flagpole height shall be proportionate to the height of adjacent buildings; in no case shall a flagpole exceed the building height standards of the zone in which it is located.
D. 
No roof structures or any space above the height limit shall be allowed for the purpose of providing additional living floor space.
(Ord. 903 § 2, 1997)
General provisions relating to lot area are as follows:
A. 
All buildings hereafter erected and existing buildings which may be reconstructed, altered, moved, maintained or enlarged shall comply with the area regulations of the zone in which they may be located.
B. 
The lot area shall be that prescribed by this title and shall not be reduced, diminished or maintained so that the yards or open spaces are smaller than that prescribed by this title, and the density of population shall not be increased in any manner except in conformity with the area regulations of the zone in which the property is located.
C. 
Every building hereafter erected shall be located on a lot as defined in this title.
D. 
Every individual parcel of land existing on the effective date of the ordinance codified in this title shall be deemed one lot until the parcel of land is divided into two or more lots in accordance with regulations and procedures for the creation of additional lots.
(Ord. 903 § 2, 1997)
A. 
The required open spaces around a building shall not be considered the yard space for another building unless specifically provided in an adopted agreement or plan.
B. 
In the case of a through lot, front yard setbacks shall be required on both streets, and no building shall be permitted to be located within the front yard setback.
C. 
In computing the depth of a rear yard where such rear yard opens onto an alley, one-half of such alley shall be included in computing the required rear yard.
(Ord. 903 § 2, 1997)
A. 
No accessory building shall occupy any portion of the front yard setback of any lot.
B. 
Accessory buildings shall match or be in harmony with the design, style, quality, materials, and general appearance of the primary structure(s) on a property, and shall be in proportion to and compatible with the primary structure(s) and other structures on the property. These standards shall be determined by the community development director or designee.
(Ord. 903 § 2, 1997)
A. 
Building setbacks are established and maintained for the following purposes: continuity of the existing urban pattern, beauty, landscaping, drainage, light, air, privacy, utility and emergency access. Setbacks shall be intruded upon only as provided in this code or other applicable regulations.
B. 
Building projections and architectural elements at ground level, permitted under the provisions of a specific plan, this code, or other adopted land use regulation, shall not reduce an interior side setback to less than three feet, in order to provide for proper drainage and minimal building separation.
(Ord. 903 § 2, 1997)