Division 12.5 — USE EXCEPTIONS

l

l

City of Los Angeles Zoning Code Chapter 1A

l

l

A. Where a building in any Open Space Use District (Div. 5B.1.), Agricultural Use District (Div. 5B.2.),

Residential Use District (Div. 5B.3.), Residential-Mixed Use District (Div. 5B.4.), Commercial-Mixed

Use District (Div. 5B.5.) or Public Use District (Div. 5B.8.) includes an existing nonconforming

use, any residential portion of the building may be enlarged, provided that the addition does not

create any additional dwelling units or lodging units, and the addition or expansion meets all other

requirements for the applied zone.

B. An establishment dispensing, for sale or other consideration, alcoholic beverages, including

beer and wine, for on-site or off-site consumption shall not be continued or re-established after

September 13, 1997 without conditional use approval granted in accordance with the provisions

of Sec. 13B.2.2. (Class 2 Conditional Use Permit), where there is a substantial change in the mode

or character of operation of the establishment, including any addition by more than 20 percent of

the foor areal, seating or occupancy, whichever applies. Construction for which a building permit

is required in order to comply with an order issued by the Department of Building and Safety to

repair or remedy an unsafe or substandard condition is exempt from this provision. Any addition

of less than 20 percent of the foor areal, seating or occupancy, whichever applies, requires the approval of plans pursuant to Sec. 13B.5.4. (Modification of Entitlement) .

C. Any lot or portion of a lot in a Commercial-Mixed Use District (Div. 5B.5.), Industrial-Mixed Use

District (Div. 5B.6.), or Industrial 1 (I1) (Sec. 5B.7.1.) Use District that was being used on June 1, 1951,

for the temporary storage of abandoned, dismantled, partially dismantled, obsolete or wrecked

automobiles, but not for the dismantling or wrecking of automobiles nor for the storage or sale of

used parts, may continue.

D. Any Light Industrial Uses (Div. 5D.8.) lawfully existing prior to March 22, 1981, in any portion of any

building in a Commercial-Mixed Use District (Div. 5B.5.) shall not be extended beyond that portion

of the building except in accordance with Sec. 13B.2.2. (Class 2 Conditional Use Permit) .

E. Joint living & work quarters are considered nonconforming to household business, and may

be continued. Additional flexibility and incentives may be granted for existing buildings that are

eligible for adaptive reuse projects pursuant to Sec. 9.4.5. (Downtown Adaptive Reuse Program)

and Sec. 12.4.6. (Citywide Adaptive Reuse Program) .

F. In the Industrial Use Districts (Div.5B.7.), the nonconforming use of land where no buildings are

occupied in connection with the use or where the only buildings occupied are accessory to or

incidental to the use, may be continued, subject to the following limitations:

1. The nonconforming use shall not be enlarged in any way beyond the limits of what was

originally permitted.

2. The nonconforming use shall be completely enclosed within a building or within an area

enclosed on all sides with a Type T1 transition screen pursuant to Sec. 4C.8.2.C.3.a. (T-Screen

1), within one year from the date the use becomes nonconforming.

l

l

Sec. 12.5.1. (Use Permission Exceptions) Last amended by Ord. 188,418 (Resolution), Eff. 06/18/2025

l

l

| 12-21

Nonconformities | ARTICLE 12 Div. 12.5. (Use Exceptions)

G. In the Industrial Use Districts (Div. 5B.7.) :

City of Los Angeles Zoning Code Chapter 1A

1. A building that is nonconforming as to use with no dwelling units shall not be redesigned or

rearranged to contain dwelling units.

2. A building that is nonconforming as to use with dwelling units shall not be redesigned or

rearranged so as to increase the number of dwelling units in the building.

3. Caretaker Units in Industrial Use Districts (Div. 5B.7.) are permitted to continue.

Sec. 12.5.1. (Use Permission Exceptions) Last amended by Ord. 188,418 (Resolution), Eff. 06/18/2025

| 12-22

Nonconformities | ARTICLE 12 Div. 12.5. (Use Exceptions)

City of Los Angeles Zoning Code Chapter 1A

Where a temporary use is nonconforming as to Use District (Part 5B.) standards it may be continued

until the expiration of the temporary use permit. When a nonconforming temporary use is subject to a

new temporary use permit, it shall meet all of the Use District (Part 5B.) standards.

Sec. 12.5.2. (Use Standards Exceptions) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

| 12-23

Nonconformities | ARTICLE 12 Div. 12.5. (Use Exceptions)

A. Lot Area Exception

City of Los Angeles Zoning Code Chapter 1A

In a Residential Use District (Div. 5B.3.) where animal keeping: equine, non-commercial is

permitted, equines may be kept and a stable may be erected or maintained on any lot, provided

the lot had the area required for the keeping of equines at the time the lot was established.

B. Equine Use Exceptions

1. Animal keeping: equine, non-commercial uses shall be allowed to be continued if, after the

legal establishment of the animal keeping: equine, non-commercial use, an adjacent property

is granted a building permit to construct a dwelling unit within the 75 foot required distance

between an animal keeping: equine, non-commercial use and the adjacent property’s dwelling

unit. The nonconforming animal keeping: equine, non-commercial use shall be subject to the

following limitations:

a. The subject lot shall have been designated by an Equine License to stable at least one

licensed equine during the 12 months prior to the issuance of the building permit for the

adjacent property’s dwelling unit.

b. The equine enclosure shall not be closer than 35 feet to the habitable rooms of any

dwelling unit.

c. The equine enclosure shall not be expanded, extended or relocated in such a manner as

to reduce the nonconforming distance between the enclosure and the habitable rooms of

the neighbor’s dwelling unit.

d. The nonconforming animal keeping: equine, non-commercial use shall be discontinued if,

during a successive three year period, no equine is licensed by the Department of Animal

Services to be stabled on the subject lot.

2. If, pursuant to Sec. 13B.2.1. (Class 1 Conditional Use Permit), the Zoning Administrator grants

permission for a dwelling unit on an adjacent property to be constructed closer than 35 feet

from a legally existing equine enclosure, the equine enclosure may be considered relocated

not closer than 35 feet from the habitable rooms attached to any dwelling unit, and retain its

nonconforming status. The nonconforming animal keeping: equine, non-commercial use shall

be subject to the following limitations:

a. The subject lot shall have been designated by an Equine License to stable at least one

licensed equine during the 12 months prior to the issuance of the building permit for the

adjacent property’s dwelling unit.

b. The equine enclosure shall not be closer than 35 feet to the habitable rooms of any

dwelling unit.

Sec. 12.5.3. (Equine Keeping Exceptions) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

| 12-24

Nonconformities | ARTICLE 12 Div. 12.5. (Use Exceptions)

City of Los Angeles Zoning Code Chapter 1A

c. The equine enclosure shall not be expanded, extended or relocated in such a manner as

to reduce the nonconforming distance between the enclosure and the habitable rooms of

the residential building on an adjacent lot.

d. The nonconforming animal keeping: equine, non-commercial use shall be discontinued if,

during a successive three year period, no equine is licensed by the Department of Animal

Services to be stabled on the subject lot.

3. If an animal keeping: equine, non-commercial use was legally established prior to November

22, 1982, that use shall be allowed to continue, even though the City issued a building permit

between November 22, 1982 and July 1, 1986, to construct a residential building on an

adjacent lot within the 35 foot required distance between an animal keeping: equine, non commercial use and the habitable rooms of a residential building on the adjacent lot. This

provision shall not apply to building permits authorized by the Zoning Administrator, pursuant

to Sec. 13B.2.1. (Class 1 Conditional Use Permit) . This nonconforming equine use shall be

subject to the following limitations:

a. The subject lot shall have been designated by an Equine License to stable at least one

licensed equine during the 12 months prior to the issuance of the building permit for the

residential building on an adjacent lot.

b. The equine enclosure shall not be expanded, extended, or relocated in such a manner as

to reduce the nonconforming distance between the enclosure and the habitable rooms of

the residential building on an adjacent lot.

c. The nonconforming animal keeping: equine, non-commercial use shall be discontinued if,

during a successive three year period, no equine is licensed by the Department of Animal

Services to be stabled on the subject lot.

Sec. 12.5.3. (Equine Keeping Exceptions) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

| 12-25

Nonconformities | ARTICLE 12 Div. 12.5. (Use Exceptions)

City of Los Angeles Zoning Code Chapter 1A

EXCEPTIONS

A. All oil, gas, or hydrocarbon wells including those operating pursuant to any discretionary permit

in all zones, whether by ordinance or approval of a Zoning Administrator, and all oil wells in

an M3 Zone as established in Chapter I. (General Provisions and Zoning) of this Code, are nonconforming uses as of January 18, 2023, the effective date of Ord. No. 187,709 . No new oil,

gas, or hydrocarbon well for the production of oil, gas or other hydrocarbon substances, which

is a nonconforming use, shall be maintained, drilled, re-drilled, or deepened, except to prevent

or respond to a threat to public health, safety, or the environment, as determined by the Zoning

Administrator.

B. The operation of all nonconforming oil, gas, or hydrocarbon wells shall cease within 20 years from

January 18, 2023, the effective date of Ord. No. 187,709, which deemed such uses nonconforming.

C. After the time period set forth in Subsection B., above, all nonconforming oil, gas, or hydrocarbon

wells shall be abandoned in a manner consistent with and in strict accordance with all applicable

local, state, and federal laws, regulations, rules, and standards.

D. If an oil, gas, or hydrocarbon well is abandoned, or its operation is discontinued or idled for a

continuous period of one year, such use shall be deemed terminated.

E. A well operator as defined by California Public Resources Code, Div. 3. (Oil and Gas), Sec. 3237.

shall comply with the mitigation measures and mitigation monitoring program adopted with Ord. No. 187,709 (effective 1/18/23) in the plugging and abandoning of all wells.

Sec. 12.5.4. (Nonconforming Oil, Gas, or Hydrocarbon Well Use Exceptions) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

| 12-26

Nonconformities | ARTICLE 12 Div. 12.6. (Density Exceptions)