Chapter 17.16 — NONCONFORMING PROVISIONS

17.16.010 - Purpose.

modified

The purpose and intent of this chapter is to permit nonconforming uses and structures to continue until they are removed, restricted or abandoned, but not to encourage their existence. Nonconforming uses and structures are declared to be incompatible with permitted uses in the same district. Nonconforming uses and structures shall not be enlarged upon, expanded or extended, except as expressly provided herein, nor shall the existence of a nonconforming use or structure be grounds for adding other uses or structures prohibited in the same district.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A nonconforming building or structure may be continued in use as long as it remains otherwise lawful, subject to the following provisions:

A.

Changing Nonconforming Buildings or Structures. Nonconforming buildings or structures may not be enlarged, expanded or altered in any way which increases its nonconformity , except as permitted in this title. The building or structure may be altered to decrease its nonconformity.

B.

Damaged Nonconforming Buildings or Structures. Whenever a building or structure which is deemed to be nonconforming by virtue of this chapter, and is damaged by an act of nature, the following shall apply:

1.

A residential building or structure that is damaged up to seventy-five (75) percent of its replacement value may be restored to its state prior to such damage, provided the restoration is started within three hundred sixty-five (365) days of the date of damage and diligently pursued to completion. The most recent residential use may reoccupy the building or structure.

2.

A residential building or structure that is damaged over seventy-five (75) percent of its replacement value may be restored to its state prior to such damage, subject to the following:

a.

Minor Design Review is granted in compliance with Chapter 17.122 (Design and Minor Design Review) of this title, within three hundred sixty (360) days of the date of damage;

b.

The restoration is started within one hundred eighty (180) days of the date of Minor Design Review or Design Review approval; and

c.

The most recent residential use may reoccupy the building or structure.

3.

A nonresidential building or structure that is damaged up to fifty (50) percent of its replacement value may be restored to its state prior to such damage, provided the restoration is started within one hundred eighty (180) days of the date of damage and diligently pursued to completion. The most recent nonresidential use may reoccupy the building or structure.

4.

A nonresidential building or structure that is damaged over fifty (50) percent of its replacement value shall comply with all development standards of this title. In addition, the use shall comply with the zoning district of the property.

5.

If the property includes more than one building or structure, the replacement cost shall be based on the value of all the buildings or structures on the property.

6.

The replacement cost shall be determined by the Building Official, whose decision may be appealed to a Hearing Officer.

C.

Legality of Buildings or Structures. Planning Division staff may use the following to determine whether a residential building, accessory structure or additional improvement was legally established (note: the building or addition may still be subject to additional permit requirements from the Building Division, Public Works Department or Los Angeles County Fire Department):

1.

Los Angeles County Assessor Records show the building or addition were given an assessed value for property tax purposes prior to January 1, 1979; and/or

2.

It is confirmed the building or addition existed when the property was annexed to the city.

D.

Nonconforming Yard Setbacks. Additions and structural alterations to a building or structure constructed prior to January 1, 2022, that has nonconforming yard setbacks:

1.

Front Yard. That the alteration or addition for a dwelling on a lot shall not exceed twenty-five (25) percent of the existing floor area of the structure and a length of twenty (20) feet. In addition, the structure's front yard setback shall not be made further nonconforming. In no case shall the front yard setback be less than ten (10) feet for a dwelling, unless a minor variance has been reviewed and approved in accordance with this title.

2.

Interior Side Yards. That the alteration or addition shall not exceed fifty (50) percent of the existing floor area or a length of thirty (30) feet, whichever is less. In addition, the structure shall not be made further nonconforming. In no case shall the interior side yard setback be less than three (3) feet for the dwelling and less than one foot for an accessory structure.

Rear Yards. That the alteration or addition shall not exceed fifty (50) percent of the existing floor area and a length of twenty (20) feet. In addition, the structure shall not be made further nonconforming. In no case shall the rear yard setback be less than ten (10) feet for a main dwelling and one foot for an accessory structure.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A nonconforming lot may be constructed upon provided that, the lot was legally created and the structure or structures and uses conform to all other provisions of the El Monte Municipal Code (EMMC).

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Applicability. This section shall apply to the following:

Subsections B. and C. shall apply to properties with existing residential uses where the zoning district does not permit residential uses or the existing number of residential units exceed the maximum density permitted.

Subsection D. shall apply to properties with existing residential units that do not meet the minimum parking and/or open space requirements.

B.

Development Standards. Table 17.16-1 prescribes which zoning designation shall be followed when additions are proposed to an existing nonconforming residential unit.

Table 17.16-1—Development Standards

C.

Necessary Permits. Table 17.16-2 prescribes the permit necessary, based on the size of the additions in gross square feet, to expand one or more existing nonconforming unit.

Table 17.16-2—Necessary Permits

D.

Parking and Open Space. Table 17.16-3 prescribes when parking and open space shall be upgraded for residential units, based on the size of the additions in gross square feet or when one or more new unit is proposed.

Table 17.16-3—Parking and Open Space

E.

The percentages and square footages identified in subsections C. and D. above shall be cumulative for all units on the property and over a five (5) year period.

F.

If the nonconforming residential use is superseded by a permitted use, such use shall thereafter conform to the regulations for the zoning district, and the nonconforming residential use shall not be resumed.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

The use may or may not occupy a building or structure. A nonconforming commercial, industrial or other nonresidential use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

Enlarging or Expanding a Use. The nonconforming nonresidential use may not be enlarged, extended, moved or altered, except as specifically permitted in this chapter or to change the use of a structure or land to a use permitted in the zoning district in which it is located.

B.

Superseded by a Permitted Use. If the nonconforming nonresidential use is superseded by a permitted use, such use shall thereafter conform to the regulations of the zoning district and the nonconforming use shall not be resumed.

C.

In Residential Zoning Districts. When a nonconforming nonresidential use of a structure or land is discontinued or abandoned for a continuous period greater than three hundred sixty-five (365) days, the subsequent use shall conform to the regulations of the zoning district in which the property is located or may be a transitional use as outlined in Section 17.110.100 (Standards for Residential Uses Transitional Uses) of this title.

D.

In Multiuse, Commercial and Manufacturing Zoning Districts. When a nonconforming nonresidential use of a structure or land is discontinued or abandoned for a continuous period greater than three hundred sixty-five (365) days, the subsequent use shall conform to the regulations of the zoning district in which the property is located.

E.

Multi-Tenant Buildings with Three (3) or More Tenant Spaces:

1.

In all Zoning Districts. If an existing, nonconforming multi-tenant commercial or industrial building has vacancies of fifty (50) percent or less of the total gross square footage of the multi-tenant building, then the vacant tenant space may be occupied by the most recently occupied use, or a similar use as determined by the Community Development Director.

2.

In Residential Zoning Districts. If an existing, nonconforming multi-tenant commercial or industrial building has vacancies greater than fifty (50) percent of the total gross square footage of the multi-tenant building, then the vacant tenant space shall be occupied by a conforming use or a transitional use as outlined in Section 17.110.100 (Standards for Residential Uses Transitional Uses) of this title.

3.

In Nonresidential Zoning Districts. If an existing, nonconforming multi-tenant commercial or industrial building has vacancies greater than fifty (50) percent of the total gross square footage of the multi-tenant building, then the vacant tenant space shall be occupied by a conforming use.

F.

Proof of Operation. In order for the business to prove continued operation, the business must submit a valid city business license for the entire period in question, and may be supported by the following evidence subject to the review and approval by the Community Development Director:

Receipts, invoices, payments, bank statements and other accounting records showing accounts payable and receivable for entire period in question. These must show actual and continuous business activity. These may be redacted to protect confidentiality of business clients or business bank account or credit card numbers; and/or

2.

Utility bills showing service to the specific business for the entire period in question.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

On any nonconforming structure, or on any nonconforming structure containing a nonconforming use, routine maintenance work may be performed, or repair or replacement of nonbearing walls, fixtures, wiring or plumbing may take place. However, the value of repair or replacement work during any five (5) year period shall not exceed fifty (50) percent of the replacement cost of the whole structure. In addition, the square footage of the structure, whether conforming or nonconforming, shall not be increased and no more than fifty (50) percent of the bearing walls may be repaired and/or replaced as part of repair and maintenance work for the structure.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

The right to continue a nonconforming use shall terminate when it is determined to be a public nuisance by order of an independent Hearing Officer pursuant to procedures provided in Chapter 8.44 (Property Maintenance) of Title 8 (Health and Safety) of the EMMC or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or the order of the court. In addition to the specific grounds for finding a nuisance as set forth in Chapter 8.44 (Property Maintenance) of Title 8 (Health and Safety) of the EMMC, a nonconforming use is a public nuisance if:

1.

The use interferes with the enjoyment of life or property in the neighborhood; or

2.

The use is a business establishment which permits persons to congregate for unreasonably long time periods in parking areas and/or pedestrian walkways resulting in unreasonable noise levels in residential areas during the hours of 9:00 p.m. to 7:00 a.m.,

or resulting in said persons obstructing or interfering with the free passageway in said parking areas or on said pedestrian walkways, or which becomes a place where an unreasonable number of violations of Chapter 9.12 (Alcoholic Beverages) of Title 9 (Public Peace, Morals and Welfare) of the EMMC or violations of alcoholic beverage control regulations occur; or

3.

The use is injurious to the health of persons in the neighborhood.

B.

The right to continue the use of a nonconforming structure shall terminate when the structure and/or the parcel on which it is located is determined to be a public nuisance by order of the Hearing Officer made pursuant to Chapter 8.44 (Property

Maintenance) of Title 8 (Health and Safety) of the EMMC, or by judgment or order of a court of competent jurisdiction and the nuisance is not abated in the manner and within the time stated in the order of the Hearing Officer or order of the court. If the abatement of the nuisance required demolition of the structure the order, judgment or order of the court shall find that in fairness and in justice there is no other way reasonably to correct the nuisances other than by demolition of the structure.

C.

Where it cannot be found that demolition of a structure is appropriate, the Hearing Officer may permit the structure to remain in existence, but may impose one or more conditions to bring the structure into conformity with the requirements of this title so far as is reasonable in addition to any other conditions necessary to abate the public nuisance.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)

modified

A.

Amortization Period and Extensions. Table 17.16-4 prescribes the amortization periods and extensions for massage and alternative financial services establishments.

B.

Application for an Extension:

1.

The application shall be made in writing on a form prescribed by the Community Development Director. A complete application shall include all of the following:

a.

The applicant's name and street address of business;

b.

The address to which notice is to be mailed, at the applicant's option, a telephone number and/or email address;

c.

The applicant's signature;

d.

The term of the requested extension; and

e.

Documentation relevant to the factors listed in subsection B.4. below.

2.

The applicant requesting to extend the amortization period shall bear the burden of proof in establishing that the amortization period established by this section is unreasonable.

Table 17.16-4—Amortization Permit and Extensions

3.

Within sixty (60) days after a complete application is filed, the Planning Commission shall hear and act on the application. The applicant shall be notified in writing of the meeting date a minimum ten (10) days prior to the meeting. Public noticing shall not be required.

In determining whether to grant an extension of the amortization period, and in determining the appropriate length of such an extension, the Planning Commission and, the City Council on appeal, shall consider:

a.

The amount of investment in the business;

b.

The present actual and depreciated value of business improvements;

c.

The applicable Internal Revenue Service (IRS) depreciation schedule or functional non-confidential equivalent;

d.

The remaining useful life of the business improvements;

e.

The remaining lease term;

f.

The ability of the massage or alternative financial services establishment and/or land owner to change the use; and

g.

The opportunity for relocation to a legally permissible site and the cost of relocation.

5.

Denials. If the Planning Commission denies the request, the establishment shall close as prescribed in this section. In addition, all signs, advertisements and displays related to the establishment shall be removed within thirty (30) days thereafter.

6.

Appeals. Planning Commission decisions regarding this section are appealable to the City Council. Refer to Section 17.10.100 (General Regulations Ability to Appeal) of this title for additional information.

(Ord. No. 3053, § 3(Exh. A), 5-14-2025)