Article 7 — Nonconforming Uses and Buildings

[Ord. 672]

The following regulations shall apply to all nonconforming uses:

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 title.

[Ord. 672]

• (a) Termination by Violation of Ordinance. Any of the following violations of this title shall terminate the right to operate a nonconforming use, except as otherwise provided in this title, pursuant to § 9-8.303 .

  • (1) Changing a nonconforming use to a use not permitted in the zone.

  • (2) Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use.

  • (3) Addition to a nonconforming use of another use not permitted in the zone.

• (b) Termination by Discontinuance.

  • (1) Discontinuance of a nonconforming use as indicated herein shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise provided in this title.

  • (2) Changing a nonconforming use for a period of 12 or more successive calendar months.

[Ord. 672; § 1, Ord. 854-90, eff. March 22, 1990; § 5, Ord. 945-97, eff. October 16, 1997; § 1, Ord. 1047-06, eff. December 7, 2006; §§ 1, 2, Ord. 1087-09, eff. November 19, 2009]

The following regulations shall apply to all buildings and structures which are nonconforming as a result of development standards adopted in this title.

• (a) A nonconforming building or structure may be continuously maintained provided there is no alteration, addition or enlargement of any area, space or volume of the structure, except for the following:

  • (1) The alteration is required by other applicable law;

  • (2) The alteration will result in the elimination of the nonconforming conditions; or

  • (3) The alteration consists of a minor improvement, repair, modification, or remodeling which does not increase the degree of nonconformity present. Any new structure incidental to the nonconforming building or structure is deemed to be an expansion under this section.

  • (4) The premises are located on a lot which is less than 2,200 square feet and in the area depicted in Appendix A, the nonconformity relates to parking, setbacks or height and the alteration or improvement results in an increase of less than 50% of the square footage of the existing or previously existing structure. For all other premises, the nonconformity

relates to parking or setbacks and the alteration or improvement results in an increase of 70 square feet or less.

• (b) Buildings or structures damaged or destroyed by fire, flood or other natural disasters may be rebuilt to their preexisting setbacks, sizes, floor area ratios and densities or legal nonconformities with the development standards established by this Title as long as there is no increase in the nonconformity from that which existed prior to the buildings or structures' damage or destruction.

• (c) A building or structure that is located in a residential zone and is nonconforming as to density may maintain the nonconforming density and be permitted to seek approval to alter, add to or enlarge area, space or volume of the structure, but only when all of the following apply:

  • (1) The nonconforming density is no more than one unit above the number of units that would be permitted under current zoning regulations, including therewith density bonus units;

  • (2) The alteration, addition or enlargement does not increase the existing degree of nonconformity as to any development standard other than density, such as height, floor to lot ration, setbacks, lot coverage, parking, or the provision of trash storage, unless a variance is applied and granted therefor.

  • (3) The owner enters into a recorded agreement approved by the City Attorney restricting the use of the nonconforming units to year round housing for a period of 15 years from the date of the issuance of a building permit for the alteration, addition or enlargement.

• (4) The nonconforming unit has existed for at least five years before July 1, 2006, as reflected by records in the Los Angeles County Assessor's, records of the City Finance Office for payment of salt, sewer and/or trash fees or similar documentation which, the determination of the Planning Commission confirms the existence of the unit for the required time period.