Chapter 21 — NONCONFORMING BUILDINGS AND USES

A. Establish Criteria: The purpose of this chapter is to establish provisions for the continued use, modification or removal of nonconforming buildings or uses. A nonconforming building or use is one that was lawfully established and maintained, but due to changes in this title or other governmental actions, such building or use no longer complies with the provisions of this title. A nonconforming building, or portion of a building, or use shall constitute a nonconforming use of the property.

B. Eventual Compliance: It is also the intent of this chapter to permit nonconformities to continue until they are removed. In addition, nonconformities shall not be enlarged, expanded, extended, altered, moved, reestablished after abandonment or restored after destruction, except as provided by this chapter. It is the goal of this chapter to require nonconforming uses to be altered to conform to the current requirements of this title. (Ord. 1212, 11-16-1993)

The provisions of this chapter shall apply to buildings, structures, lands and uses which hereafter become nonconforming due to any reclassification of zones which occurred through the adoption of a new General Plan and subsequent rezoning actions to provide consistency with the General Plan. Any uses which become nonconforming due to these actions shall be considered legal nonconforming uses and structures. If a use originally authorized by variance prior to the effective date hereof is located within a zone in which such use is not permitted by the terms of this title, the use shall acquire a legal nonconforming status. (Ord. 1212, 11-16-1993)

The following conditions apply to nonconforming uses and structures:

A. Safety: All nonconforming structures may undergo necessary maintenance to provide for their safe and habitable use.

B. Building Removal; Future Use: If any nonconforming building is voluntarily removed, every future use of the land on which the building is located must conform to this Code.

C. Reestablish Damaged Or Destroyed Building: Unless otherwise provided by applicable law, a nonconforming use or structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner's control may be reestablished subject to the provisions of this title if a building permit is issued within twenty four (24) months of the occurrence of the damage or destruction. All nonconforming rights expire if a building permit is not issued within twenty four (24) months.

D. Building Additions, Alterations, Remodel Or Reconstruction: A nonconforming building or structure may be altered, restored, remodeled or reconstructed, or may include an addition, provided that no more than fifty percent (50%) of the existing original "exterior perimeter wall height" (as defined) is removed, demolished or replaced. If more than fifty percent (50%) of the existing perimeter wall height and the original foundation is removed,

demolished, or replaced, the entire building or structure must be brought into conformity with all current development standards and laws. The foundation must not be removed and a minimum of fifty percent (50%) of the exterior perimeter walls must remain attached to the foundation at all times. Solely removing exterior wall coverings, including wall insulation, electrical wiring, plumbing or interior plaster or drywall finishes does not require that the

entire building be brought into conformity with all current development standards within the zone in which the property is located.

E. Minor Exceptions For Building Additions, Alterations, Remodel, Or Reconstruction: The Director of Community Development may grant administrative adjustments for a reduction of retention of a minimum of fifty percent (50%) of exterior perimeter wall height for life safety repairs or upgrades, regardless of whether those repairs or upgrades exceed the fifty percent (50%) threshold for nonconforming buildings set forth in this section. The upgrades must be incidental and necessary to protect public health and safety. The administrative adjustment must be granted before any removal of any exterior perimeter wall in excess of fifty percent (50%) occurs. (Ord. 1460, 4-192011; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

A lot of record existing before the effective date hereof, which does not conform to the area and dimension standards of this title, may be used in accordance with other provisions of this title. Even though such a lot fails to meet the requirements for area or width, or both, for a particular zone, it may be used; provided, that yard dimensions and requirements other than those applying to area or width of the lot be observed. (Ord. 1212, 11-16-1993)

All legal or legal nonconforming structures within any residential zone, in existence as of the effective date hereof, which are now legal nonconforming or become legal nonconforming due to changes in the land use designation or zoning criteria under this title, are permitted to continue and remodel or expand, provided all of the following requirements are met:

A. Where a side yard setback is nonconforming, the width of the existing side yard cannot be decreased or made more nonconforming due to remodeling or reconstruction;

B. A nonconforming structure may expand, provided the expansion meets all the applicable criteria of this title; and C. All new construction and additions where a building or structure is nonconforming and no more than fifty percent (50%) of the existing original exterior perimeter wall height and foundation below is removed, replaced or rebuilt in compliance with this chapter. (Ord. 1460, 4-19-2011)

Except as otherwise provided for the Heavy Industrial (M-2) Zone, all legal or legal nonconforming uses or buildings, in existence as of the effective date hereof, within the nonresidential use categories and all previously designated commercial properties which have been designated Multi-Family Residential Zones by the 1992 general plan, with the exception of Smoky Hollow, which are now legal nonconforming or become legal nonconforming due to changes in the land use designation or zoning criteria under this title, are permitted to expand or remodel subject to the following requirements: (Ord. 1460, 4-19-2011)

A. Until May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased one time by a maximum of twenty percent (20%) or fifteen thousand (15,000) square feet, whichever is less. The expansion itself must meet the requirements of this title related to setbacks, lot coverage, height and parking, but is not required to compensate for any deficiency or nonconformity in the original building or use. Expansions allowed by this section before May 6, 2006, require a conditional use permit issued pursuant to sections 15-23-4 to 15-23-13 of this title. Wherever these sections refer to the proposed "use" the term "expansion" shall be utilized for purposes of making a determination under this section. (Ord. 1398, 10-3-2006)

B. After May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased up to the maximum allowable floor area ratio (FAR) as determined by this title or the El Segundo general plan. The expansion must meet the requirements of this title related to setbacks, lot coverage, height and parking, but is not required to compensate for any deficiency or nonconformity in the original building or use, except as follows:

1. In the Urban Mixed Use South (MU-S) Zone, architectural building features may project up to five feet (5') from the existing building face into required setback areas, but must maintain at least a fifteen foot (15') distance to a lot line. (Ord. 1496, 10-14-2014)

C. Except as otherwise provided for the Heavy Industrial (M-2) Zone, if a nonconforming building remains vacant for a period of twelve (12) consecutive months, it must be upgraded to meet all requirements of this title before occupancy, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to section 15-21-3 of this chapter are not considered vacant for purposes of this section.

D. Except as otherwise provided for the Heavy Industrial (M-2) Zone, a nonconforming use in a conforming or nonconforming building may be replaced with another similar nonconforming use, provided the building is not vacant for more than twelve (12) consecutive months, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to 4section 15-21-3 of this chapter, are not considered vacant for purposes of this section. (Ord. 1398, 10-3-2006)

A. If a nonconforming building within a Heavy Industrial (M-2) Zone remains vacant for a period of six (6) consecutive months, it must be upgraded to meet all requirements of this title before occupancy, except buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to section 15-21-3 of this chapter are not considered vacant for purposes of this section.

B. A nonconforming use in a conforming or nonconforming building located within the Heavy Industrial (M-2) Zone may be replaced with another similar nonconforming use, provided the building is not vacant for more than six (6) consecutive months, except buildings that are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to section 15-21-3 of this chapter, are not considered vacant for purposes of this section. (Ord. 1398, 10-3-2006; amd. Ord. 1573, 10-2-2018)

A nonconforming sign may not be:

• A. Changed to another nonconforming sign or replaced by the same nonconforming sign, except for face changes;

• B. Structurally or electrically expanded or altered unless such alteration is designed to and does bring the sign into greater conformance with current provisions of this title and/or Building and Electrical Codes;

• C. Relocated to another site on the same property or any other property within the City;

• D. Reestablished after discontinuance of the use for ninety (90) days or more; or

• E. Reestablished after damage or destruction of more than fifty percent (50%) of the value of the structure of the sign prior to said damage or destruction. (Ord. 1559, 10-17-2017; amd. Ord. 1573, 10-2-2018)

CHAPTER 22 ADMINISTRATIVE DETERMINATIONS, ADMINISTRATIVE USE PERMITS, AND ADJUSTMENTS

The purpose of this chapter is to establish the Director's authority to make administrative determinations and to grant administrative use permits and adjustments, and to set the required findings for making such decisions. (Ord. 1629, 11-16-2021)

A. Authority to make administrative determinations. When a use is not specifically listed as either a permitted use or conditional use under a particular zone, the Director, upon written request or upon his or her own initiative, shall determine whether said use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed either a permitted use, a conditional use or that an administrative use permit is necessary. The Director or designee may make administrative determinations, subject to the process outlined in Chapter 23 of this title.

B. Administrative determination findings. Before permitting or classifying an unlisted use, the Director shall first make the following findings:

1. The proposed use is consistent with the purpose of this Title;

2. The proposed use and its operation are compatible with the uses allowed in the zone; and

3. The proposed use is similar in impact and character to one or more permitted uses in the zone. (Ord. 1629, 1116-2021)

A. Authority to grant. When a particular use is listed as subject to administrative use permit, or if the Director determines that a use not listed is similar to other uses subject to administrative use permit in a particular zone, the Director may review and grant administrative use permits, subject to the process set forth in Chapter 23 of this title. B. Findings. Before granting an administrative use permit, the Director shall first make the following findings:

1. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located.

2. The proposed use is consistent and compatible with the purpose of the zone in which the site is located.

3. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

4. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for.

C. Alcohol-related use findings: In addition to the four findings above, before an alcohol-related administrative use permit may be granted, it shall also be found that the State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant. (Ord. 1629, 11-16-2021)

A. Authority to grant. Whenever a strict interpretation of the provisions of this title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, the Director or designee may grant an adjustment, subject to the process set forth in Chapter 23 of this title.

• B. Applicability. Adjustments may be granted for the following standards:

1. Fence or wall height to exceed permitted height by two feet.

2. Architectural landscape features which exceed the standards set forth in section 15-2-14 of this title.

3. Signs which exceed the standards set forth in Chapter 18 of this title.

4. Noise permits which exceed the standards set forth in section 7-2-11 of this Code.

5. Parking and loading space standards as set forth in Chapter 15 of this title.

6. Reduction of retention of a minimum of 50 percent of exterior building perimeter wall height and/or deviation from development standards for life safety purposes.

7. Deviation from development standards for reasonable access accommodations.

8. Dimensions of required open space and size of required landscaping area within required open space in the Multi-Family Residential (R-3) Zone as set forth in section 15-4C-5 of this title.

9. Building height to exceed the maximum allowable height by not more than five feet.

• C. Findings. Before granting an adjustment, the Director shall make the following findings:

1. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located;

2. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property; and

3. That the proposed adjustment is consistent with the legislative intent of this title.

(Ord. 1629, 11-16-2021; amd. Ord. 1654, 12-19-2023)