Chapter 7.5 — Nonconforming Structures, Land Uses and Lots

The purpose of this Chapter is to establish development standards and regulations for the modification or alteration of nonconforming structures, land uses and lots within the City of La Habra Heights. It is the intent of this Chapter to prohibit the creation of new nonconformities or the exacerbation of existing nonconformities where such nonconforming structures, land uses or lots are in conflict with the City of La Habra Heights General Plan.

This Chapter applies to all existing structures, land uses and lots in the City of La Habra Heights regardless of Zone District.

The following requirements are applicable to the modification of existing legal nonconforming structures :

• A. Legal Nonconforming Nonresidential Structures. Additions or modifications to an existing legal nonconforming structure are permitted only if all of the following conditions are met: 1) the addition or modification does not increase the existing nonconformity or its impact; 2) there is no change in the primary use of the structure; 3) the primary use of the structure is a primary or accessory use authorized under Chapter 7.3; and 4) the following additional finding is made: "Reasonable efforts have been made pursuant to this Article to decrease any pre-existing nonconformity directly related to the proposed project or adversely affecting health and safety and its impact."

• B. Legal Nonconforming Residential Structures. Additions or modifications to a legal nonconforming residential structure are permitted only if one of the following applies:

  1. The addition or modification complies with this Article without any discretionary review and does not increase the existing non-conformity or its impact;

  2. Any discretionary approval required under this Article is obtained; the addition or modification does not increase the existing non-conformity or its impact; and the following additional finding is made: "Reasonable efforts have been made pursuant to this Article to decrease any pre-existing nonconformities directly related to the proposed project or adversely affecting health and safety and their impacts."

  3. A Standards Modification and any other discretionary approval required under this Article is obtained and the following additional finding is made: "Reasonable efforts have been made pursuant to this Article to minimize any nonconformities directly related to the proposed project or adversely affecting health and safety and their impacts."

  4. Projects consisting of an addition to an existing legal nonconforming single-story residential structure, excluding projects consisting of the addition of second or additional stories, may maintain the existing nonconforming setbacks without the approval of a standards modification if the existing setbacks are not less than twenty (20) feet from any front property line or ten (10) feet from any other property line.

• C. Reconstruction of Structure after Damage or Destruction. A damaged or destroyed legal nonconforming structure may be reconstructed as follows:

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1. A structure with fifty (50) percent or more of the total length of its original exterior walls remaining in place after the damaging or destructive event, requiring no replacement, may be reconstructed provided that: a) the reconstructed structure does not increase the pre-existing non-conformity or its impact; and b) a complete application for reconstruction is submitted within twelve months of the date of damage, and reconstruction is commenced within one hundred eighty days of permit approval.

   2. A structure that is damaged so that more than fifty (50) percent of the total length of its exterior walls must be replaced, may also be reconstructed provided that: a) the structure is rebuilt to comply with the City’s development standards or, if it is not, a Standards Modification pursuant to the requirements of this Article must be obtained.

• D. Required for Health and Safety. Alteration or modification of a legal nonconforming structure may be permitted if it is required for conformance with pertinent health and safety regulations. These improvements may include, but are not limited to, any reconstruction legally required to bring the structure up to compliance with seismic building codes. (Ord. 2015-01 §§ 8, 9)

The following requirements are applicable to the modification of existing legal nonconforming land uses and improvements:

• A. Required for Health and Safety. Alteration or modification of a structure used for a legal nonconforming use may be permitted if it is required for conformance with pertinent health and safety regulations. These improvements may include, but are not limited to, any reconstruction required to bring the structure up to compliance with seismic building codes.

• B. Legal Nonconforming Uses. No other changes or modifications to any structure used for a legal nonconforming use shall be permitted, other than routine maintenance thereto.

• C. Loss of Nonconforming Status. A legal nonconforming use that is voluntarily discontinued or has ceased operations for a period of one year or more shall be declared abandoned. After a determination of abandonment pursuant to a noticed public hearing under Article 8, further use of the structure or continuance of the nonconforming use shall be prohibited.

• A. Pre-Existing Lots. Nonconforming lots that were legal at the time of the City’s incorporation shall be considered legal nonconforming lots or building sites. Pre-existing legal parcels of less than an acre that were created as water tank sites or for other nonresidential purposes may be developed as residential lots only if such development requires no standards modifications or variances beyond those for structure height and size as described in Chapter 7.18.

• B. SB 9 Lots. Lots that are subdivided to less than an acre pursuant to Government Code Section 66411.7, or lots that are proposed to be developed with two (2) residential units pursuant to Government Code Section 65852.21, may be developed as residential lots if such development conforms to all the objective standards of the La Habra Heights Municipal Code but are not eligible for approval of a standards modification under Chapter 7.19.

  1. Notwithstanding Section 7.18.40(A), the maximum permitted floor area of any residential unit constructed on or after January 1, 2022, on a lot that has been subdivided to less than an acre pursuant to Government Code Section 66411.7 or that is developed with two (2) residential units pursuant to Government Code Section 65852.21 shall be eight hundred (800) square feet in floor area per residential unit. No such residential unit shall be constructed at less than five hundred (500) square feet in floor area.

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2. The maximum permitted floor area of any residential unit that is constructed prior to January 1, 2022, and is pre-existing on a lot that is subdivided pursuant to Government Code Section 66411.7 or that is developed with a second residential unit pursuant to Government Code Section 65852.21 shall be the floor area at the time of application for the subdivision or application for the permit to construct a second residential unit, respectively. (Ord. 2021-01 § 3)

Reasonable efforts to decrease pre-existing nonconformities and their impacts shall include the following:

• A. Corrective Health and Safety Measures. Any nonconforming condition(s) affecting health and safety must be corrected as part of the development.

• B. Remediation of Existing Site Development Deficiencies. Remedies for existing nonconformities that must be considered include, but are not limited to, those identified in Table 7-2.

Table 7-2 Development Review of Existing Nonconformities and Potential Remedies

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Table 7-2 Development Review of Existing Nonconformities and Potential Remedies (Continued)

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Table 7-2

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