Division X — (REPEALED) DIVISION XI. - DETERMINATION OF APPLICABLE LAW

The City recognizes that gaining local and public approvals for the development of land can be timeconsuming and that, during the process and prior to project completion, applicable local law, including local zoning regulations, may change. Such changes may place applicants in the approval "pipeline" at considerable economic risk. In order to reasonably reduce that risk, while maintaining appropriate opportunities for local agency review and full public input and participation, the process set forth in this Division is established for the purpose of assuring applicants of the continued applicability of certain local laws and regulations, under the terms and conditions set forth in this Division.

(Ord. C-6546 § 2 (part), 1988)

A.

Notwithstanding any provision of Section 21.21.201, the right to apply for a determination of applicable law pursuant to this Division XI shall be limited to affected property owners or their agents designated in writing at the time of application.

B.

The application for a determination pursuant to this Division XI shall include a complete description of the project for which a determination is being sought and shall also set forth an itemization of all permits and other grants of entitlement required by law for such project and an indication that such permits and grants have either been granted or that they are being applied for as a part of the application for determination.

C.

No application shall be deemed complete pursuant to this Section until it has been accepted as complete by the Department of Planning and Building, which Department may require such additional or supplemental information as it considers to be reasonably necessary to enable further processing and full understanding of the application.

(Ord. C-6546 § 2 (part), 1988)

Within sixty (60) days of acceptance of an application for determination as complete under this Division XI, the Zoning Administrator shall set the application for public hearing before the Planning Commission.

(Ord. C-6546 § 2 (part), 1988)

The Planning Commission shall consider all applications for a determination pursuant to this Division XI, and the decision of the Planning Commission shall be final unless the decision is appealed to the City Council in accordance with the provisions of Division V of Chapter 21.21.

(Ord. C-6546 § 2 (part), 1988)

A.

The Planning Commission shall consider any application for a determination of applicable law pursuant to the provisions of this Division XI, and may grant such determination if the application meets all requirements of law including, but not limited to all requirements of this Division XI.

B.

The effect of the granting of a determination pursuant to this Division XI will be to empower an applicant to complete a project, insofar as it is described and permitted under the application, pursuant to the provisions of local law as they existed at the time that a determination granted hereunder becomes final.

C.

No determination granted hereunder shall operate to obviate or make inapplicable any change in local law following the grant of the determination if:

1.

The change in law is outside the scope of the project described and permitted in the application and determination; or

2.

The change in law affects a permit or entitlement that was not described and included, through inadvertence, mistake, or otherwise, in the application and determination; or

3.

It fails, in any way or for any reason, to comply with all requirements of this Division XI or any other provision of law in effect at the time of final grant of determination.

(Ord. C-6546 § 2 (part), 1988)

The Planning Commission, and the City Council on appeal, may grant a determination of applicable law pursuant to this Division XI if, and only if, it first makes, after public hearing, each of the following findings:

A.

The project has been or is approved for site plan review pursuant to Division V of this Chapter 21.25; and

B.

The project complies with all applicable provisions of law, including, but not limited to, all applicable zoning regulations; and

C.

The project has complied, or will comply, with all applicable environmental requirements including those relating to proceedings conducted pursuant to this Division XI;

D.

The project is consistent with the provisions of the zoning district in which it is proposed to be located; and

E.

The project is consistent with the General Plan of the City of Long Beach; and

F.

No amendments to the General Plan, the zoning regulations or the applicable zoning district have been initiated at the time of or prior to the grant of determination which would affect the use, design or lawfulness of the project.

(Ord. C-6546 § 2 (part), 1988)

A.

A determination of applicable law shall be effective for one hundred eighty (180) days following the date upon which the granting of the determination becomes final. Thereafter, the determination shall cease to be of any further force and effect, and the project shall be subject to all applicable local laws as they then or thereafter exist, unless:

1.

Complete drawings and fees are submitted for plan check within the one hundred eighty (180) day period. In such case, the determination shall continue to be effective through the plan check period but in no event longer than one (1) year from the date of submittal to plan check. If a building permit is not issued within one (1) year of submittal to plan check, the determination shall expire. If a building permit is issued within the year, then the determination shall continue for the period during which the building permit is valid and lawfully in full force and effect. To remain valid, construction under the building permit must begin and be completed through the passage of the first inspection within six (6) months of issuance of the building permit. For purpose of this Subsection 21.25.1115.A.1, a foundation permit shall be treated as equivalent to a building permit but grading, demolition, electrical, mechanical or plumbing permits shall not be considered or treated as building permits; or

2.

A time extension request is filed, together with all required fees, prior to the expiration of the one hundred eighty (180) day period. Such an extension shall be heard by the Planning Commission or, on appeal, the City Council and shall be noticed in the same manner as the original hearing. At such extension hearing, the Planning Commission, or on appeal, the City Council may approve the extension if they find the applicant has made a good-faith effort to complete drawings for plan check but was unable to do so because of the size or complexity of the project. Sale or transfer of title of a project shall not be grounds for an extension. No extension shall be granted that will allow the determination to continue more than one (1) year from the date of its first being granted without submittal of the project to plan check.

(Ord. C-6546 § 2 (part), 1988)

DIVISION XII. - INTERIM PARK USE PERMIT

The City recognizes that vacant lots, due to their nature, have the potential to create an impression of blight and decay in a neighborhood. In addition to the negative visual impact, vacant lots are a potential source for nuisances (such as trash, debris, and rodents). Thus, as a means of unifying neighborhoods for the purpose of eliminating unsightly vacant lots and enhancing their neighborhood's visual and physical surroundings, community groups may opt to replace them with interim neighborhood serving parks.

(Ord. C-7378 § 26, 1995)

Notwithstanding the provisions of Section 21.21.201 (Application), the right to apply for an interim park use permit shall be limited to affected property owners or their agents. Applications for interim park use permits may be submitted only for playground uses as indicated in the applicable zone district use table. If the proposed project does not comply with an applicable development standards, a separate standards variance application shall also be required.

(Ord. C-7378 § 26, 1995)

The City Council shall consider all applications for an interim park use permit. The decision of the City Council shall be final.

(Ord. C-7378 § 26, 1995)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny the subject permit and must be incorporated into the record of the proceedings relating to such approval or denial:

A.

The proposed use is compatible with the surrounding neighborhood;

B.

The proposed use will not be detrimental to the surrounding community including public health, safety or general welfare, environmental quality or quality of life; and

C.

The approval is in compliance with the special conditions of approval established for playgrounds as listed in Chapter 21.52.

(Ord. C-7378 § 26, 1995)

The City Clerk shall set the matter for public hearing before the City Council within sixty (60) days of receiving a completed application.

(Ord. C-7378 § 26, 1995)

Conditions required by Division II of Chapter 21.52 may be waived but only if the waiver of those conditions will not conflict with required findings, provided that conditions necessary for the protection of public health, safety and welfare may not be waived under any circumstances.

(Ord. C-7378 § 26, 1995)

All conditions pertaining to the operation of the use shall be permanently posted, on a form provided by the Director of Planning and Building, at a location clearly visible to the public utilizing the facility.

(Ord. C-7378 § 26, 1995)

All projects for which an interim park use permit was approved shall be required to undergo an annual reinspection to verify compliance with the conditions of approval. The property owner shall be required to pay an annual fee to the City as established by the City Council to cover the costs of the reinspection program.

(Ord. C-7378 § 26, 1995)

DIVISION XIII. - REASONABLE ACCOMMODATION

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of this Division is to provide a process for

individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

(Ord. C-7639 § 1, 1999)

21.25.1303 - Definitions.

A.

Act. The Fair Housing Amendments Act of 1988.

B.

Applicant. An individual making a request for reasonable accommodation pursuant to this Division.

C.

Code. The Long Beach Municipal Code.

D.

Department. The Department of Planning and Building of the City of Long Beach.

E.

Disabled Person. Any person who has a physical or mental impairment that substantially limits one (1) or more major life activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment. People who are currently using illegal substances are not covered under the Act or this Division unless they have a separate disability.

F.

Group Home. Refers to any and all facilities which are regulated by the provisions of the California Community Care Facilities Act (Health and Safety Code Section 1500 et seq.), the California Residential Care Facilities for the Elderly Act (Health and Safety Code Section 1569) or any alcoholism or drug abuse recovery or treatment facility as defined by Health and Safety Code Section 11834.02 or any successor statutes.

G.

Increased Occupancy. Refers to a request to increase the number of individuals permitted or licensed by State or local law to occupy a group home.

(Ord. C-7639 § 1, 1999)

The Department of Planning and Building shall prominently display in both the Development Services Center and the Planning Bureau a notice advising those with disabilities or their representatives that they may request a reasonable accommodation hearing in accordance with the procedures established in this Division.

(Ord. C-7639 § 1, 1999)

A.

In order to make specific housing available to an individual with a disability, a disabled person or representative may request reasonable accommodation relating to the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City.

B.

If an individual needs assistance in making the request for reasonable accommodation, or appealing a determination regarding reasonable accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant shall be entitled to be represented at all stages of the proceeding by a person designated by the applicant.

C.

A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Department at any time that the accommodation may be necessary to ensure equal access to housing.

(Ord. C-7639 § 1, 1999)

A.

Zoning Officer/Building Official. The Zoning Officer, or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Zoning Officer or Building Official for review and consideration. The Zoning Officer or Building Official shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, or (3) deny the request. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of determination shall be sent to the applicant by certified mail, return receipt requested.

B.

If necessary to reach a determination on the request for reasonable accommodation, the Zoning Officer or Building Official may request further information from the applicant consistent with this Division, specifying in detail what information is required. In the event a request for further information is made, the thirty (30) day period to issue a written determination shall be stayed until the applicant responds to the request.

(Ord. C-7639 § 1, 1999)

The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record of the proceeding relating to such approval or denial:

A.

The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Act.

B.

The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Act.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

E.

For housing located in the coastal zone, a request for reasonable accommodation under this Section shall be approved by the City if it is consistent with Subsections 21.25.1311.A through 21.25.1311.D above, and the certified Local Coastal Program. Where a request for reasonable accommodation is not consistent with the certified Local Coastal Program, the City may waive compliance with an otherwise applicable provision of the Local Coastal Program and approve the request for reasonable accommodation if the City finds:

1.

The requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified Local Coastal Program; and

2.

There are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified Local Coastal Program.

(Ord. C-7726 § 2, 2001; Ord. C-7639 § 1, 1999)

21.25.1313 - Appeals.

A.

Within thirty (30) days of the date the Zoning Officer or Building Official issues a written determination, the applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination.

B.

All appeals shall contain a statement of the grounds for the appeal.

C.

Appeals shall be to the Planning Commission who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

D.

An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.

(Ord. C-7639 § 1, 1999)

21.25.1315 - Reasonable accommodation relating to requests for increased occupancy of group homes.

A.

All requests for reasonable accommodation relating to increased occupancy of a group home shall be filed first with the City's Zoning Officer.

B.

The Zoning Officer may hold a hearing on a request for reasonable accommodation relating to the increased occupancy of a group home, or may instead, at his/her sole discretion, refer the application to the Planning Commission for hearing. If the Zoning Officer acts on a request for reasonable accommodation pursuant to this Section, the Zoning Officer shall hear the matter and issue a written determination within thirty (30) days of the date of receipt of a completed application. If the Planning Commission acts on a request for reasonable accommodation pursuant to this Section, the Planning Commission shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days of receipt of a completed application.

C.

Notice of hearing pursuant to this Section shall be provided not less than fourteen (14) days prior to the hearing and shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the real property that is the subject of the hearing. In all cases under this Section, the applicant shall bear the cost of the radius mailing.

D.

The Zoning Officer or Planning Commission acting pursuant to this Section, shall: (1) grant the accommodation request, (2) grant the accommodation request subject to specified nondiscriminatory conditions, including, but not limited to, a condition requiring the applicant to show proof of any required State license for the activity or occupancy contemplated, or (3) deny the request.

E.

The Zoning Officer or Planning Commission, as appropriate, shall explain, in writing, the basis of the determination including the Zoning Officer's or Planning Commissioner's findings on the criteria set forth in Section 21.25.1311. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation on the appeals process, if necessary. The notice of the determination shall be sent to the applicant by certified mail, return receipt requested.

F.

Within thirty (30) days of the issuance of a written determination on the hearing conducted pursuant to this Section, any aggrieved party within the meaning of this Code, may file an appeal from the determination of the Zoning Officer or Planning Commission. Appeals from a determination of the Zoning Officer shall be to the Planning Commission, appeals from a determination of the Planning Commission shall be to the City Council. All appeals shall contain a statement of the grounds for the appeal.

G.

Appeals to the Planning Commission or City Council pursuant to this Section shall be heard as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed. All determinations on appeal shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

(Ord. C-7639 § 1, 1999)

21.25.1317 - Fee.

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Division, except that a fee equivalent to the fee imposed for an administrative use permit shall be required if the application for reasonable accommodation relates to an increase in the occupancy of a group home.

(Ord. C-7639 § 1, 1999)

CHAPTER 21.27 - NONCONFORMITIES[[4]]

Footnotes:

--- ( 4 ) ---

Note— 1. Prior ordinance history: Ord. C-6533, 1988; Ord. C-6595, 1989; Ord. C-6684, 1990; Ord. C-6822, 1990; Ord. C-6933, 1991; Ord. C-7032, 1992; Ord. C-7047, 1992; Ord. C-7064, 1992; Ord. C-7247, 1994; Ord. C-7274, 1994; Ord. C-7399, 1996; Ord. C-7500, 1997; Ord. C-7550, 1998.

The City recognizes that the eventual elimination of existing nonconforming uses and structures benefits the health, safety and welfare of the community. It is the intent of this Chapter to establish regulations and procedures which ensure that the elimination of nonconforming uses and structures occurs as expeditiously and as fairly as possible and also avoids any unreasonable invasion of established property rights.

(Ord. C-7663 § 5, 1999)

Nonconformities, as defined in Chapter 21.15 of this Title, may continue to be used and maintained in accordance with the provisions of this Chapter. The use and maintenance is permitted as a result of vested rights obtained through the legal establishment of the nonconforming use or structure so long as the use is operated and maintained in such a manner as not to be a nuisance, a blighting influence or a direct and substantial detriment to the rights of adjoining, abutting or adjacent uses.

(Ord. C-7663 § 5, 1999)

Illegal uses or structures have no vested rights. Illegal uses and structures shall either be brought into legal conforming status or shall be removed.

(Ord. C-7663 § 5, 1999)

Ordinary maintenance and repair of a building containing a nonconforming use, such as painting, plumbing repair, shall be permitted as necessary to ensure the protection of general health, safety and welfare. All nonconforming uses and structures are subject to all applicable property maintenance and substandard buildings laws.

(Ord. C-7663 § 5, 1999)

A.

Loss of rights to a nonconforming use. All rights to a nonconforming use are lost if the use is abandoned for twelve (12) months (see Section 21.15.030) or if the structure housing the use is demolished (see Section 21.15.750) except as follows:

1.

Nonconforming nonresidential structure. A nonconforming nonresidential structure, which has been abandoned for a period greater than twelve (12) months, may apply for an administrative use permit to establish a CNP (neighborhood pedestrian) permitted use and may apply for a conditional use permit to establish a CNP (neighborhood pedestrian) discretionally permitted use.

2.

Nonconforming nonresidential historic landmark. A designated City landmark which has been abandoned for a period greater than twelve (12) months, may apply for an administrative use permit to establish a CNP (neighborhood pedestrian) permitted use or discretionally permitted use, and may apply for a conditional use permit to establish another nonconforming use subject to the following:

a.

A special building inspection is conducted to ensure the building conforms or can be repaired to conform to minimum building, plumbing, fire, housing, electrical and earthquake code provisions as necessary to protect public health and safety, and

b.

The proposed use is necessary to avoid an unnecessary hardship on the property owner due to the condition of the structure, the value of the property, or the potential economic life of the building, and

c.

The proposed change of use will provide a desirable service or will be beneficial to the neighborhood, and

d.

The proposed use and adaptive reuse design plan has obtained a certificate of appropriateness from the Cultural Heritage Commission.

B.

Loss of rights to nonconforming parking. All nonconforming rights related to parking shall be lost if the principal building (housing the principal use) on the lot is demolished, except that:

1.

Rights shall not be lost if a building is merely vacated.

2.

If a building for a residential use of four or fewer principal dwelling units is demolished, but a nonconforming garage accessory to that use is not demolished, the nonconforming garage may remain and the permitted number of parking spaces in that garage shall be counted toward the parking requirement for new construction. However, any new construction shall comply with all applicable development standards, and the presence of the nonconforming garage shall not constitute a reason for relief or waiver of those development standards.

3.

If a building for a residential use of five or more principal dwelling units or any non-residential principal building is demolished, any remaining nonconforming garage, also shall lose its nonconforming rights and shall be brought into conformance with the requirements of the Zoning Regulations.

For a site or use with no building area (GFA), abandonment of the use also shall constitute abandonment of any nonconforming parking rights.

C.

Abandonment/revocation of rights through nuisance, blight or detrimental effect upon adjoining, abutting or adjacent property. Any nonconforming use which is operated in such a way as to be a nuisance or a direct detriment to adjoining, abutting or adjacent properties or which is neglected to the point of being a blight on the community shall be considered to have had its nonconforming rights abandoned. Such abandonment shall be determined by a revocation hearing according to the procedures of Division VI, "Revocations", of Chapter 21.21 of this Title, provided, that:

1.

A fully noticed public hearing is held before the Planning Commission; and

2.

The Planning Commission, or City Council on appeal, finds that:

a.

The use adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area, or

b.

The use jeopardizes or endangers the public health or safety, or

c.

The use constitutes a direct and substantial detriment to surrounding uses by repeated adverse activities and incidences, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, battery, acts of vandalism, loitering, excessive littering, illegal parking, loud noises (particularly in late night or early morning), noise code violations, traffic violations, curfew violations, lewd conduct or police detentions and arrests, or

d.

The uses cause repeated violations under Public Health and Safety Code, Title 8 or Title 9, and

e.

The owner or operator has been unwilling or unable to eliminate the adverse activities, if any;

3.

If it finds that conditions and/or modifications of the use will be ineffective in eliminating the adverse activities, the Planning Commission, or City Council on appeal, shall revoke only the nonconforming rights to the use;

4.

Continuation of any use after abandonment or revocation pursuant to this Subsection shall constitute a violation of this Chapter and shall be penalized as provided for in Section 21.10.080.

(ORD-24-0033 § 14, 2024; Ord. C-7663 § 5, 1999)

If a nonconforming structure is demolished and/or rebuilt, as defined in Sections 21.15.750 and 21.15.2250 of this Title, the structure must be brought into conformity with the provisions of the Zoning Code and certified Local Coastal Program, as appropriate.

(ORD-19-0007 § 7, 2019)

A nonconforming use or structure shall not be expanded or altered in any way so as to increase that nonconformity, except as follows:

A.

Uses permitted by CUP or AUP. Any use which was originally established in a zone district by right and has since been reclassified as a discretionary use in that district shall obtain an administrative use permit or a conditional use permit, as designated in the applicable use table, prior to expansion of the use or any building or structure related to the use. An application to change an alcoholic beverage license to expand the range of beverages sold shall be considered an expansion of that use.

B.

Conforming nonresidential uses with nonconforming parking. A conforming nonresidential use with nonconforming parking may be expanded or intensified, if parking is provided for the expansion or intensification in accordance with current parking standards of the Zoning Regulations. The required number of parking spaces shall be calculated based on the additional square feet of new construction or intensified area of land use or other applicable unit of measurement. A conforming nonresidential use that has nonconforming parking also may apply for an Administrative Use Permit (AUP) to obtain relief from parking requirements in accordance with Section 21.41.223.

C.

Nonconforming residential uses.

1.

Maximum expansion. A nonconforming residential use (i.e., that exceeds the allowable density for the zone, or is located in a zone that does not permit the residential use) shall not be expanded by more than two

hundred fifty (250) square feet per unit after July 1, 1989. Expansion rights shall not be transferred from one unit to another.

2.

Parking. Any expansion beyond the first two hundred fifty (250) square feet of cumulative addition to the site shall require one (1) additional conforming parking space for each additional two hundred fifty (250) square feet or portion thereof added to the site, provided that no unit shall be expanded by more than 250 square feet per Subsection 21.27.060.C.1. For a lot with only one single-family dwelling, no additional parking shall be required.

3.

Development standards. The expansion shall be consistent in style and materials with the existing building, and shall conform to the current development standards of the zone.

D.

Conforming residential use with nonconforming parking. A conforming residential use (i.e., that does not exceed the allowable density for the zone and is located in a zone that permits the residential use) with nonconforming parking may be expanded as follows:

1.

Demolition of nonconforming parking. Nonconforming parking demolished during remodeling or additions may be replaced with new parking of equal size or a more conforming size. The new parking shall provide for the best feasible turning radius. For the purposes of this Section, "best feasible turning radius" means the most conforming turning radius that may be created by relocating the new parking on the lot up to the point it conflicts with the existing building, and applying the turning radius reduction measures established in Section 21.41.243, to the greatest extent feasible.

2.

Addition of new dwelling unit. The addition of new dwelling units on a lot shall require the provision of additional parking spaces for the new dwelling units as well as existing units if substandard in parking in accordance with the standards for new construction.

3.

Expansion of existing dwelling unit. A residential use with nonconforming parking shall not be expanded by more than two hundred fifty (250) square feet after July 1, 1989, without providing additional parking. Any expansion beyond the first two hundred fifty (250) square feet of cumulative addition to the site shall require one (1) additional conforming parking space for each additional two hundred fifty (250) square feet or portion thereof. For a lot with only one single-family dwelling, no additional parking shall be required.

E.

Nonconforming commercial, institutional and park uses.

1.

General. Nonconforming uses shall not be expanded to occupy a greater area of land or building than was occupied at the time the use or structure became nonconforming.

F.

Nonconforming industrial uses.

1.

General. Nonconforming industrial uses shall not be expanded to occupy a greater area of land or building than was occupied at the time the use or structure became nonconforming.

2.

Machinery and equipment. Nonconforming machinery and equipment requiring a building permit may be relocated within the site or replaced with machinery or equipment of equal size or capabilities. The number of machines or equipment, the size of the machines or equipment, or the capabilities of the machines or equipment to do heavier work may not be expanded.

3.

Outside uses. Outside nonconforming equipment and machinery may be relocated or altered, provided the equipment or machinery is not relocated any closer to the nearest residential district.

4.

Volumes. Increased sales, production or throughput volume shall not be considered as an expansion, provided the use does not expand to occupy additional land or another building.

(ORD-24-0033 § 15, 2024; ORD-05-0037 § 1, 2005; Ord. C-7663 § 5, 1999)

21.27.065 - Interior alteration to residential uses with nonconforming parking to create additional bedrooms.

A.

Single-family residential. Interior alteration of an existing dwelling unit, on a lot with only one single-family dwelling, to create additional bedrooms shall not require provision of additional parking.

B.

Duplex, Triplex, and Multifamily residential. Interior alteration or addition of GFA to an existing dwelling unit in a duplex, triplex, or multifamily dwelling to create additional bedrooms is prohibited unless parking is provided for the unit(s) being altered in compliance with the requirements of Chapter 21.41.

(ORD-24-0033 § 16, 2024; ORD-09-0004 § 1, 2009; ORD-05-0037 § 2, 2005)

21.27.070 - Change in use.

A nonconforming use may be changed to a conforming use, and may be changed to another nonconforming use if the use or structure housing the nonconforming use has not been abandoned for twelve (12) months (see Section 21.15.030) or the structure has not been demolished (see Section 21.15.750), as follows:

A.

To a CNP permitted use. An existing nonconforming nonresidential use may change to a CNP (neighborhood pedestrian) permitted use.

B.

To another nonconforming use with an administrative use permit. An existing nonconforming use may be changed to another nonconforming use if an administrative use permit is granted as provided for in this Title and provided:

1.

A special building inspection, is conducted to ensure the building conforms or can be repaired to conform to minimum building, plumbing, fire, housing, electrical and earthquake code provisions as necessary to protect public health and safety; and

2.

The change of use is necessary to avoid an unnecessary hardship on the property owner due to the condition of the structure, the value of the property or the potential economic life of the building; or

3.

The change of use will allow a designated City landmark to be economically productive, thus extending the life of the structure, as long as the proposed use and rehabilitation are approved by the Cultural Heritage Commission; and

4.

The change of use will provide a service or will be beneficial to the neighborhood, and will more closely conform to the zoning of the site than the existing use.

C.

Change of use with nonconforming parking. A use with nonconforming parking may change to another use without adding parking except:

1.

If the new use would require more parking than the existing use. Then, in order to establish the new use, the applicant shall add parking equal to the difference between the parking requirement of the existing use and the new use (net change in parking intensity), except that this Subsection 21.27.070.C.1 shall not apply as provided in Section 21.41.165; and

2.

If the new use is a limousine service or a fleet service/company vehicle operation, motel, hotel, inn, bed and breakfast inn, other transient lodging, or event center, the applicant shall provide parking as required by Chapter 21.41.

(ORD-24-0033 § 17, 2024; Ord. C-7663 § 5, 1999)

When determining the nonconforming parking rights that apply to a non- residential building or use of land, the Director of Community Development or designee shall base this determination on the current parking requirement (before exceptions) for the most intense or highest parking requirement land use that was legally established for the building or site or portion thereof (e.g., tenant space) in question, provided that the building or structure that contained or comprised the most intense or highest parking requirement land use has not been demolished. This Section shall not be construed to create transference of nonconforming parking rights between buildings or tenant spaces within a site or lot or parcel. For land uses with no building area, this Section shall not apply (see Subsection 21.27.050.B.4).

(ORD-24-0033 § 4, 2024)

Any building containing a nonconforming use or any nonconforming structure may be repaired and restored to its nonconforming state if the need for repairs or restoration shall be the result of fire, explosion, earthquake, imminent public hazard, acts of terrorism, sabotage, vandalism, warfare or abatement of earthquake hazard in accordance with City regulations. Such restoration shall comply with the following conditions:

A.

Level of restoration. The damaged use or structure may be repaired or rebuilt to the area and footprint of the previous use or structure. Alternatively, the use or structure may be repaired or rebuilt to a more conforming area or footprint.

B.

Additional floor area added. If during restoration and/or reconstruction additional floor area is added, the use or structure shall abandon its nonconforming status.

C.

Time limit. The repairs must be commenced within one year of the event causing damage to the use or structure, and the repairs must be diligently pursued until completed.

(Ord. C-7663 § 5, 1999)

Nothing in this Chapter shall prohibit the establishment of special regulations for specific nonconforming uses and structures regulated by other Sections of the Zoning Code. Such regulations may provide for the retirement or amortization of those specific uses and structures.

(Ord. C-7663 § 5, 1999)

Any building, structure, or lot designated as an historic landmark or contributing building, structure, or lot located within a designated landmark district established under Chapter 2.63 of this Code, shall be exempted from restrictions of this Chapter relating to restoration (Section 21.27.090), interior alteration to residential uses with non-conforming parking to create additional bedrooms (Section 21.27.065) expansion (Section 21.27.060), and maintenance (Section 21.27.040), provided that any use or construction plans are approved with a Certificate of Appropriateness issued by the Cultural Heritage Commission. Such building, structure, or contributing building, structure, or lot located in the coastal zone and on a beach, in a wetland, stream, or lake, seaward of the mean high tide line, in an area designated as highly scenic, or within fifty feet (50') of a coastal bluff edge, may not be expanded or altered so as to increase the size or degree of non-conformity with a coastal resource protection or shoreline development policy of the LCP. Replacement or rebuild of such a structure in the coastal zone, including replacement or alterations of fifty percent (50%) or more of any major structural components, shall be permitted only if the replacement or rebuilt structure conforms to all policies of the LCP.

(ORD-21-0028 § 1, 2021; ORD-19-0028 § 7, 2019; Ord. C-7729 § 3, 2001: Ord. C-7663 § 5, 1999)

After May 18, 1996, no person shall cause or permit the continued operation, maintenance or use of a lot, building or structure as a legal nonconforming adult entertainment business which does not comply with the locational requirements of Section 21.45.110. For the purposes of this Section, the term "legal nonconforming adult entertainment business" shall mean any adult entertainment business which existed on May 1, 1988, and any adult entertainment business which received a standards variance pursuant to former Subsection 21.45.110.B.

(Ord. C-7663 § 5, 1999)

Any fleet service/company vehicle operation as defined in Section 21.15.1065 which was lawfully in existence as of the effective date of this Section (August 7, 1998) which does not comply in whole or in part with the parking requirements of Section 21.41.216, shall be terminated or otherwise be brought into full compliance within one year of the effective date of this Section (August 7, 1998). For those fleet service/company vehicle operations which cannot be brought into compliance with these provisions because they do not meet the parking requirements of Section 21.41.216, the use may be extended for only one (1) additional period of time (not to exceed one (1) year), to be established by the Planning Commission, upon a showing by the operator of the use that such extension is reasonably necessary to permit the owner of the use adequate time to amortize or otherwise recover any long-term investment in the fleet service/company vehicle operation.

Any request for an extension of the one (1) year amortization period must be made in writing by the owner of the use to the Planning Commission by filing a request with the Planning Bureau of the Department of Planning and Building no later than sixty (60) days prior to the end of the one (1) year period provided for in this Section.

The Planning Commission may grant an extension of up to one (1) additional year only if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant/owner of the use:

A.

That the business involved a substantial financial investment in real property, improvement or stock in trade, or

B.

The business is subject to a written long-term lease entered into prior to January 1, 1995, with a termination date extending beyond one (1) year from the effective date of this Section, or

C.

Other factors establishing that the nature of the business is such that the business cannot be easily relocated.

(Ord. C-7663 § 5, 1999)