Article 26.2 — VESTED STRUCTURE DETERMINATION AND MINOR MODIFICATION PERMIT REGULATIONS

The purpose of this Section is to provide flexibility necessary to enable individual residential property owners to obtain an official determination regarding the age of construction of a building constructed prior to August 30, 1968, and to make minor additions, remodels, or structural alterations to buildings necessary for the use and enjoyment of residents and to ensure that the local and State health and safety codes are provided for properties or buildings that may have become nonconforming based on enactment of the Zoning Code or amendments. (Ord. 09-05 2-24-09)

An applicant may apply for a Nonconforming Building Minor Modification Permit for a nonconforming residential building or structure as defined in Article 20, Section 12-60 of this Chapter. This section of the Code is not meant to apply to buildings or structures in nonresidential zones, nonconforming buildings constructed after August 30, 1968, or to nonconforming uses. (Ord. 09-05 2-24-09)

When conditions exist where a building's or structure's date of construction cannot be reasonably shown by an applicant, it shall be the duty of the Planning and Building Director to identify the extent to which the improvements on land on which the building or development is located constitutes a legal nonconforming building, as defined in this Chapter. The Planning and Building Director or designee, shall conduct a review of all available applicable records that may include, but not be limited to, Sanborn maps, microfiche tape, aerial maps,. zoning maps, Los Angeles County Assessor's maps, historical photographs, and other data materials and documents. At the earliest opportunity, the Planning and Building Director or designee, shall prepare a written vested structure determination regarding the legality of the nonconforming building. If a determination is made that the building or structure was constructed prior to August 30, 1968, the property owner may be required to record a covenant or other instrument with the Los Angeles County Recorder's office to declare that the City has made an official determination regarding the legality of the building or structure. If a determination is made that that the building or structure was not constructed prior to August 30, 1968, or there is insufficient evidence to support a claim by a property owner regarding the date of construction, the determination, issued by the Planning and Building Department Director or designee, shall give the reasons why the building cannot be classified as a nonconforming building that was constructed prior to August 30. 1968, and the Director shall notify the property owner regarding any additional steps that may be taken to bring the building or structure into conformity with the Zoning Code.

A property owner or representative shall pay a non-refundable fee as specified in the Master Fee Schedule to cover the basic cost for any inspections, staff review, meetings, research, or written determinations prepared as part of the Planning and Building Department Director's or designee's decision to approve or deny an applicant's claim regarding the age of a structure. (Ord. 09-05 2-24-09; Ord. 13-04 11-5-13)

Where it can be reasonably ascertained by the City of Inglewood Planning and Building Department Director that a building or structure was constructed prior to August 30, 1968, a property owner or authorized representative may apply for a Nonconforming Building Minor Modification Permit to allow the expansion, remodeling or alteration of a legal nonconforming structure. Any application for a Nonconforming Building Minor Modification Permit shall be filed with the Planning and Building Department by the owner of an affected property or an authorized representative of the owner, stating fully the grounds for the application, together with three full sets of plans and the required application fee as specified in the Master Fee Schedule.

Within ten calendar days of the filing of an application for Nonconforming Building Minor Modification Permit, the Planning and Building Department Director or designee shall make a determination to either approve or deny the application including plans. If the application is approved, one full set of plans will be stamped with an approval and returned to the applicant. If the application is denied, one full set of plans will be stamped with a denial and returned to the applicant. (Ord. 09-05 2-24-09; Ord. 13-04 11-5-13)

No plans accompanying a Nonconforming Building Minor Modification Permit application shall be stamped with an approval unless the Planning and Building Department determines all of following statements to apply to the building or structure:

• A. The addition to a building or structure from the requirement of this Chapter as specified in Section 12-60 (Nonconforming Buildings and Uses) will be no more than is necessary to permit

reasonable use of the lot;

• B. The granting of a Nonconforming Building Minor Modification Permit will not permit a land use that is prohibited by this Chapter;

• C. The granting of a Nonconforming Building Minor Modification Permit is in keeping with the spirit and intent of this Chapter and the requirements from which relief is sought;

• D. The granting of a Nonconforming Building Minor Modification Permit will allow a one-time addition that will not be detrimental to the public health, safety or welfare;

• E. The addition to a building will be located in a side yard or rear yard area; and

• F. The granting of a Nonconforming Building Minor Modification Permit will not significantly adversely affect other uses on the property or other properties in the surrounding neighborhood.

• (Ord. 09-05 2-24-09)

In granting a Nonconforming Building Minor Modification Permit, and stamping plans with an approval, an applicant agrees to be bound by the following Code conditions

• A. That the Nonconforming Building Minor Modification Permit shall be granted for a one-time only expansion, remodel or alteration and that no further Nonconforming Building Minor Modification Permit applications under this Chapter shall be filed for an expansion, remodel or alteration to a nonconforming building or structure.

• B. That the Nonconforming Building Minor Modification Permit shall become null and void if the privileges granted thereunder, including issuance of all other required permits, shall not have been utilized within one hundred eighty days from the effective approval date thereof. No extensions shall be granted for utilization of a Nonconforming Building Minor Modification Permit.

• C. That the Nonconforming Building Minor Modification Permit determination is binding and no appeal or similar action may be taken with respect to the City's determination.

• (Ord. 09-05 2-24-09)