Lomita Municipal Code § 11-1.11.07 Continuation of previously granted permits

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

The provisions of this chapter shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this chapter is more restrictive than such other ordinance, or part thereof; and that in all particulars wherein this chapter is not more restrictive, each such other ordinance shall remain in full force and effect.

Whenever reference is made to any portion of this chapter, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.

Nothing in this chapter shall be construed to authorize the use of any lot or parcel of land in violation of this chapter or any other applicable statute, ordinance or regulation.

If any provisions or portion of any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

All exceptions heretofore granted pursuant to the provisions of zoning ordinances of the city, as amended, shall be deemed to exist hereafter as variances pursuant to Article 70 (Zoning Ordinance Administration), and shall be subject to all the conditions and provisions governing such variances upon the effective date of this chapter.

(Ord. No. 733, § 2(pt. 2), 9-7-10)

All permit uses heretofore lawfully existing under zoning ordinances of the city, as amended, shall continue in effect until revoked or terminated and shall be continued under these ordinances and shall be subject to all conditions governing such permit.

Any use established or conducted, or any building or improvement lawfully existing as a nonconforming use prior to the effective date of this chapter pursuant to zoning ordinance of the city, as amended, shall be deemed to be continued under this chapter.

A use which is not in violation of any provisions of this chapter and is a nonconforming use only because it does not meet the requirements of the standards of development may be changed or expanded as provided in Article 70 (Zoning Ordinance Administration) subject to all other provisions of this chapter or any other ordinance or law.

(Ord. No. 733, § 2(pt. 2), 9-7-10)

When prior to the effective date of this chapter and pursuant to zoning ordinances of the city, as amended, an action has been taken, such action shall be deemed to have been taken pursuant to the provisions of this chapter and shall be processed, insofar as possible, in accordance with the provisions of this chapter. For the purpose of this section, action taken includes any of the following:

(1) An application has been filed;

(2) The commission or council has determined on its own initiative to hold a hearing;

(3) A hearing has been held; or

(4) A recommendation has been made.

The rights given by any permit, license or other approval under any ordinance repealed by this chapter shall not be affected by such repeal; but such rights shall hereafter be exercised in accordance with the provisions of this chapter.

Any use established or conducted, or any building or improvement existing in violation of zoning ordinances of the city, as amended, upon the effective date of this chapter shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this chapter, or any provision thereof. To the extent that such use, building or improvement was a violation of zoning ordinances of the city, as amended, or any other ordinance, statute or law, or in violation of this chapter, it shall be deemed a continuing violation.

Any conviction for a crime under any ordinance which is repealed by this chapter, which crime is continued as a public offense by this chapter, constitutes a conviction under this chapter for any purpose for which it constituted a conviction under such repealed ordinance.