La Palma Municipal Code § 44-707 Loss of nonconforming status

Within the zoning districts established by this chapter, there exist land uses, structures, and lots that were lawful and in compliance with existing standards at the time they were established, constructed, or formed, but that are now prohibited, regulated, or restricted differently under the requirements of this chapter. This division establishes uniform provisions for the regulation of these legal nonconforming land uses, structures, and lots.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

(a) Nonconforming uses of land. A nonconforming use of land may be continued, transferred, or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use.

(b) Nonconforming structures. A nonconforming structure may undergo normal/necessary maintenance and repairs, provided no additions or structural alterations are made. The term "maintenance and repairs" as used in this section shall include roof repair and replacement, removal of a non-bearing wall, window replacement/repair, painting, garage door replacement, electric vehicle charging stations and any associated equipment, and other types of similar activities.

(c) Except for the activity described in subsection (b), an alteration and/or expansion of a nonconforming structure or use may only be undertaken if the alteration/expansion is performed in compliance with all applicable land use regulations and procedures in existence at the time of the alteration or expansion.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)

(a) Termination by discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a period of at least 180 consecutive days or a total of 12 nonconsecutive months, rights to a legal nonconforming status shall be terminated, regardless of the owner's intention to abandon.

(b) Termination by destruction.

(1) If a nonconforming structure or a conforming structure used for a nonconforming use is damaged, destroyed, or demolished, the right to continue occupancy of the nonconforming structure or to continue the nonconforming use shall cease.

(2) If the cost of repairing or replacing the damaged portion of the structure does not exceed 50 percent of the current appraised value of the structure, as shown in the County Assessor's records or established by a State licensed appraiser, the structure may be restored and the use continued if the restoration is started within six months of the date of damage or destruction and is diligently pursued to completion.

(c) Residential unit exemptions. Nonconforming single-family and multiple-family residential dwelling units damaged or destroyed due to a catastrophic event, including damage by fire, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure and at the same densities that existed prior to the catastrophic event. The new construction shall comply with the current building and fire code requirements.

(d) Electric vehicle charging exemptions. If an electric vehicle charging station or stations and any associated equipment interfere with, reduce, eliminate, or in any way impact the municipal Code required parking spaces for new and existing uses, the number of required parking spaces for the existing uses shall be automatically reduced by the amount necessary to accommodate the electric vehicle charging station(s) and any associated equipment.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2022-06, § 9, 8-2-2022; Ord. No. 2023-02, § 9, 2-7-2023)