Beverly Hills Municipal Code Art. 41 Nonconforming Buildings and Uses

A. Single-Family Residential Developments: Except as otherwise provided by applicable local, state or federal law, any alteration to a nonconforming building in a single-family development shall conform to the following requirements:

1. Remodels: A maximum of fifty percent (50%) of the combined area of all the exterior walls and roof of a legally nonconforming building or structure may be replaced or reconstructed in any five (5) year period. For the purpose of this section, roof area shall be calculated as the horizontal area covering the floor area. If more than fifty percent (50%) of the combined area of all the exterior walls and roof are replaced or reconstructed, then the building shall be treated as a newly constructed building for the purposes of this chapter and shall be reconstructed so that the entire building conforms with the development standards of this chapter. For the purpose of this section, a portion of a wall or roof is considered replaced or reconstructed when the framing has been replaced or reconstructed.

2. Additions: Nothing in this section shall restrict the construction of an addition to a legally nonconforming building provided that such addition complies with the requirements of this chapter.

B. All Development Other Than Single-Family Residential Development: Except as otherwise provided by applicable local, state or federal law, any alteration to a legally nonconforming building in any development other than a single-family development shall conform to the following requirements:

1. Remodels: If, within a five (5) year period, a nonconforming building is altered, renovated, repaired, or remodeled, and the cumulative cost of such alteration, renovation, repair or remodel equals or exceeds fifty percent (50%) of the replacement cost of the building, then the building shall be treated as a newly constructed building for the purposes of this chapter and shall be reconstructed so that the entire building conforms with the development standards of this chapter.

a. Calculation Of Costs: The building official shall calculate the cost of replacement as well as the cost of alterations, renovations, repairs and remodels. When the building official determines that such calculation requires a degree of specialized knowledge, skill, or experience beyond that possessed by any employee of the city, or when there are differences of opinions between city staff and the project applicant with respect to such calculation, the building official may employ an independent, third party consultant or consultants to calculate the replacement cost or the cost of alterations, renovations, repairs or remodels. The project applicant or the property owner, or their respective agent(s), shall pay to the city all direct and indirect costs incurred by the city to retain said consultants and shall maintain a cash deposit with the city at all times in an amount sufficient to cover such costs.

2. Additions: Nothing in this section shall restrict the construction of an addition to a legally nonconforming building provided that such addition complies with the requirements of this chapter.

C. Exception For Life Safety Repairs/Upgrades: The provisions of this article shall not apply to any repairs or upgrades, regardless of whether those repairs or upgrades exceed the fifty percent (50%) threshold set forth in subsections A and B of this section, which the building official determines are necessary, for safety reasons, to bring the nonconforming structure into compliance with the requirements of title 9 of this code or any applicable governmental regulations. (Ord. 96-O-2272, eff. 1-9-1997; amd. Ord. 06-O-2498, eff. 3-24-2006)

A nonconforming use may be continued, without alteration or expansion, although such use no longer conforms to the provisions of this chapter.

A. Conversion To Conforming Use: A nonconforming use, or any portion of the nonconforming use, may be converted to a use that conforms to the provisions of this chapter.

1. A nonconforming use may not be resumed once that use is converted to a conforming use.

2. No portion of a building may be occupied by a nonconforming use once that portion of the building is occupied by a conforming use.

B. Expansion Of Nonconforming Use: A nonconforming use shall not be expanded. However, a building occupied by a nonconforming use may be enlarged provided that the enlargement meets the then current development standards and the area of the enlargement is utilized solely by conforming uses.

1. Minor Accommodation: Pursuant to the provisions of article 36 of this chapter, a minor accommodation permit may be issued to allow an awning, canopy or sign to be added to a building located in a residential zone and occupied by a nonconforming use and to allow such awning, canopy or sign to encroach into a required yard if: a) the use is nonconforming solely because the use lacks a conditional use permit, b) the addition will not add floor area to the buildings, c) the sign does not exceed twelve (12) square feet in area unless the planning commission or the city council acts as the reviewing authority for the minor accommodation, and d) the reviewing authority determines that the awning, canopy or sign will not substantially and adversely affect the residential character of the surrounding neighborhood.

C. Time Limits For A Discontinued Nonconforming Use: If a nonconforming use of a building or land has been discontinued for a period of five (5) years, the nonconforming use shall not be reestablished. Subsequent use of the building and/or land shall conform to the regulations of the zone in which the land is located. For the purposes of determining whether a use has been discontinued, the property owner shall have the burden of proof in demonstrating a continuation of use.

1. Exceptions:

a. Owners of properties impacted by circumstances that are out of the property owner's control, including, but not limited to, government regulations, the presence of hazardous substances on the property that must be removed in order for the property to be developed with the approved use, or an extended statewide economic downturn, may request an extension of the five (5) year period from the planning commission. The planning commission must make the following finding in order to grant an extension:

(1) The nonconforming use is not substantially adverse to the public health and safety of the neighborhoods adjacent to the property.

b. Residential uses.

c. Medical uses. Such uses shall be governed by section 10-3-1620.1 of this chapter.

d. Reestablishment of a nonconforming use may occur after the passage of five (5) years, provided that a complete application for either a planning entitlement or building permit associated with such reestablishment has been filed prior to expiration of the five (5) year time limit, provided the application is subsequently approved by the city. (Ord. 96-O-2272, eff. 1-9-1997; amd. Ord. 02-O-2391, eff. 3-8-2002; Ord. 16-O-2702, eff. 5-20-2016)

Any building that is nonconforming due to insufficient parking may be enlarged, or may be occupied by a use, other than a medical use, which requires additional parking, if sufficient parking is provided for such enlargement or use and the enlargement or use complies with all other provisions of this code. Additionally, notwithstanding the provisions of section 10-3-4100 of this chapter, a building that is nonconforming due to insufficient parking need not conform to the parking requirements of this chapter unless seventy five percent (75%) of the structure has been altered, renovated, repaired, or remodeled within a period of less than five (5) years. The percentage of alteration, renovation, repair or remodel, shall be determined by the ratio of the total surface area removed or demolished to the surface area in existence prior to the removal or demolition. The surface area elements to be included in the determination are: floors, roofs, exterior walls, including door and window openings, basement walls, and foundation walls. Each element shall be considered to have only one surface. An existing building that is nonconforming due to insufficient parking may not be occupied by additional medical uses unless the building has parking for the additional medical uses that meets the parking requirements in section 10-3-2730 of this chapter and the medical uses are permitted pursuant to section 10-3-1620.1 of this chapter or a medical overlay zone. (Ord. 11-O-2602, eff. 2-11-2011)