Los Angeles County Municipal Code Ch. 22.172 Nonconforming Uses, Buildings and Structures

A.

As used in this Chapter the expressions "Type I, Type II, Type III, Type IV, and Type V building" are used as defined Title 26 (Building Code) of the County Code.

B.

"Building or structure, nonconforming due to standards" and "building or structure, nonconforming due to use" are defined in Section 22.14.020 of Division 2 (Definition).

(Ord. 2019-0004 § 1, 2019.)

Except as specified otherwise, the following regulations shall apply to all nonconforming uses and to all buildings or structures nonconforming due to use and/or standards as specified herein:

A.

Continuation. A nonconforming use or a building or structure nonconforming due to use and/or standards may be continuously maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Title 22.

B.

Additions to a Nonconforming Use or a Building or Structure Nonconforming Due to Use and/or Standards. This Section does not authorize the extension, expansion, or enlargement of the area of land or the area within a building or structure devoted to a nonconforming use, or the alteration, enlargement of, or addition to a building or structure nonconforming due to use and/or standards, or permit the addition of land, buildings, or structures used in conjunction with a nonconforming use or a building or structure nonconforming due to use and/or standards except:

To the extent required by a subsequently enacted or subsequently adopted law, ordinance, or regulation, and the Director so finds. Such additions as are permitted by this Subsection B shall not be construed to extend the termination date of the subject nonconforming use, or a building or a structure nonconforming due to use.

Additions may be made to a building nonconforming due to use and/or standards which is designed for and used as a residence without requiring any additional parking space or driveway paving; provided that such additions neither increase the number of dwelling units in such structure, nor occupy the only portion of an area which can be used for required parking space or access thereto.

C.

Additions to a Building or Structure Nonconforming Due to Standards. Additions may be made to a building or structure nonconforming due to standards which is not in violation of any provisions of this Title 22 and is nonconforming only because it does not meet the following standards of development as provided herein:

Yards, provided such addition or expansion is developed pursuant to the yard requirements of this Title 22.

Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to the height requirements of this Title 22.

Parking facilities including width of access and paving, improvement, number of spaces, and landscaping of parking areas; provided, that parking spaces for such addition, increase in occupant load or expansion shall be developed pursuant to the provisions of Chapter 22.112 (Parking). Such addition or expansion shall not occupy the only portion of an area which can be used for the required parking space or access thereto. Where the number of parking spaces provided prior to such addition is sufficient to comply with said Chapter 22.112 after such expansion, the existing development of such parking facilities shall be deemed to comply with this Subsection C.

Such additions as are permitted by this Subsection C shall not be construed to authorize the modification of any provision of this Title 22 nor extend the termination date of the subject nonconforming use.

D.

Conforming Uses in a Building or Structure Nonconforming Due to Standards Other Than Parking. A building or structure nonconforming due to standards other than parking may be occupied by any use permitted in the zone in which it is located, subject to the limitations and conditions governing such use as specified in the zone.

E.

Conforming Uses in a Building or Structure Nonconforming Due to Parking. A building or structure nonconforming due to parking standards may be occupied by any use permitted in the zone in which it is located subject to the limitations and conditions governing such use as specified in the zone; provided, that:

The use has the same or lesser parking requirement as the existing or previous use; or

If the use has a greater requirement than the existing or previous use, a sufficient number of additional parking spaces is developed to accommodate the increased amount of space required by the new use.

F.

Buildings or structures, for which a valid building permit has been issued prior to the effective date, or operative date where later, of the ordinance codified herein, or any amendments thereto, making such building or structure nonconforming due to use and/or standards, may be completed and used in accordance with the provisions of this Title 22, provided:

That such construction or the proposed use of such building or structure under construction is not in violation of any other ordinance or law at said effective or operative date; and

That such building or structure is completed within:

a.

One year from said effective or operative date, if two stories or less in height and not more than 70,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 70,000 square feet,

b.

One and one-half years from said effective or operative date, if three to six stories in height and not more than 100,000 square feet in floor area, except that one additional month shall be permitted for each 15,000 square feet in excess of said 100,000 square feet, or

c.

Two years from said effective or operative date if seven stories or more in height and not more than 150,000 square feet in floor area except that one additional month shall be permitted for 15,000 square feet in excess of said 150,000 square feet; and

That such building or structure is completed in accordance with the plans and specifications on which such building permit was issued.

G.

Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use or Standards. Any building or structure nonconforming due to use or standards which is damaged or partially destroyed may be restored to the condition in which it was immediately prior to the occurrence of such damage or destruction, provided:

That the cost of reconstruction does not exceed 50 percent of the total market value of the building or structure as determined by:

a.

The current assessment roll immediately prior to the time of damage or destruction, or

b.

A narrative appraisal prepared by a certified member of a recognized professional appraiser's organization; provided, that such appraisal is first submitted to and approved by the Director. Submission of an appraisal shall be at the option of the applicant. In verifying the accuracy of the appraisal submitted, the Director may request additional supporting information from the applicant and/or may conduct an investigation including a request for technical assistance from any source which in the Director's opinion can contribute information necessary to complete such evaluation. Further, the Director may also obtain an independent narrative appraisal of the applicant's property to verify the accuracy of the appraisal submitted by the applicant. Where a discrepancy exists between the applicant's appraisal and the appraisal prepared pursuant to the Director's request, the Director may at the Director's discretion determine the market value of the applicant's property based on the evidence submitted and the Director's decision is final; provided, that the applicant shall first have the opportunity to file additional information to substantiate the accuracy of the appraisal submitted by the applicant. Where the Director undertakes an investigation and/or requests that an independent appraisal be prepared as provided herein, the applicant shall pay to the County the actual cost of conducting such investigation and/or the appraisal. Value shall be determined by the use of the assessment roll in all instances where an appraisal prepared pursuant to this Subsection G is not approved by the Director. Such costs shall not include the land or any factor other than the building or structure itself.

That all reconstruction shall be started within one year from the date of damage and be pursued diligently to completion.

H.

Maintenance of Buildings or Structures Nonconforming Due to Use. When maintenance or routine repairs within any 12- month period exceed 25 percent of the current market value of a building or structure nonconforming due to use, or a building or structure nonconforming due to standards which is subject to termination by operation of law as specified in Section 22.172.050.B (Termination by Operation of Law), such building or structure shall be made to conform to the requirements for new buildings or structures as specified by this Title 22. This provision does not apply to additions permitted by this part or to Section 22.110.110.B (Relocation of Buildings and Structures for Public Use). Market value shall be determined by the method specified in Subsection G, above.

I.

Maintenance and Operation of Nonconforming Uses in Green Zone. Nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) may be maintained and operated within the time limits specified in Section 22.172.050.B.3 (Green Zone). If the use was established by a discretionary permit pursuant to this Title 22, maintenance and operation shall be subject to the conditions of approval of the discretionary permit. For all other uses, maintenance and operation shall be subject to the following:

Hours of Outdoor Operation. No outdoor operation or activities shall be conducted between 6:00 p.m. and 8:00 a.m., daily, with the exception of truck loading and unloading into an enclosed building only;

Storage of Materials and Waste. All materials or waste shall be stored in designated receptacles, bins, or pallets, and located on a paved impermeable surface on-site or within an enclosed building; and

Site Maintenance. Other than for the collection or receipt of items related to the principal use, exterior areas of the premises shall be maintained free of garbage, trash, debris, or junk and salvage, except as stored in designated trash collection containers and enclosures.

J.

Limitation on Additional Development. No new principal use, building, or structure shall be developed on any lot containing a nonconforming use or a building or structure nonconforming due to use and/or standards unless the following conditions prevail:

That each existing and proposed principal use, building or structure, including any appurtenant structures, improvements and open space, will be located on a lot having the required area as provided in Section 22.110.130 (Required Area and Width), Section 22.110.140 (Required Area or Width for Specific Circumstances), and Section 22.110.160 (Resubdivision Conditions for Undersized or Underwidth Lots);

That such lot can be divided into smaller lots each of which when considered as a separate lot will contain not less than the required area; and

That each such lot so divided into smaller lots will comply with the requirements of this Title 22 as to the number and location of structures, including the provisions pertaining to the maximum density in Section 22.02.050.B.2 (Maximum) or Section 22.06.020 (Suffixes to Zoning Symbols).

K.

Conversion of nonconforming hotels, motels, and youth hostels to transitional housing or shelters shall be permitted, subject to Section 22.140.660 (Motel Conversions, Temporary) and Section 22.130.200 (Motel Conversions, Permanent).

L.

The provisions of this Section shall not be construed to extend the termination date of such nonconforming uses, buildings, and structures.

M.

Notwithstanding the other provisions of this Chapter 22.172, an accessory dwelling unit or junior accessory dwelling unit in compliance with Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units) may be developed on a lot containing a single-family or multi-family residence nonconforming due to use and/or standards so long as a residential use is permitted or conditionally permitted in the zone in which the single-family or multi-family residence is located.

(Ord. 2025-0029 § 9, 2025; Ord. 2024-0028 § 23, 2024; Ord. 2021-0017 § 31, 2021; Ord. 2021-0010 § 39, 2021; Ord. 2019- 0020 § 20, 2019; Ord. 2019-0004 § 1, 2019.)

Any publicly owned nonconforming use or building or structure nonconforming due to use and/or standards, including but not limited to, schools, colleges, parks, libraries, fire stations, Sheriff stations and other public sites, may be added to, extended, or altered if such additions, extensions, or alterations do not extend beyond the boundaries of the original site established prior to the time approval was required. Nothing in this Title 22 pertaining to nonconforming due to use and/or standards shall be construed to require the termination, discontinuance or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

Any building or structure of a public utility made nonconforming by the provisions of this Title 22, including equipment or other facilities necessary for operating purposes; but excluding offices, service centers, or yards; may be added to, extended, or altered, provided, there is no change in use or enlargement of the original site established prior to the time such approval was required. Nothing in this Title 22 pertaining to nonconforming uses or buildings and structures nonconforming due to use or standards shall be construed to require the termination, discontinuance, or removal of such uses, buildings or structures except as provided in Section 22.238.050 (Nonconforming Uses and Structures—Additional Grounds).

(Ord. 2019-0004 § 1, 2019.)

The following regulations shall apply to all nonconforming uses and buildings and structures nonconforming due to use, and to buildings and structures nonconforming due to standards as specified in this Section.

A.

Termination by Discontinuance. Discontinuance of a nonconforming use or of the use of a building or structure nonconforming due to use and/or standards as indicated herein shall immediately terminate the right to operate or use such nonconforming use, building or structure, except when extended as otherwise provided in this Title 22:

Changing a nonconforming use to a conforming use;

Removal of a building or structure nonconforming due to use or standards;

Discontinuance of a nonconforming use or use of a building or structure nonconforming due to use for a consecutive period of two or more years;

Discontinuance of the use of a building or structure nonconforming due to standards, in those cases where such building or structure is subject to termination by operation of law as specified in Subsection B.2, below, for a consecutive period of two or more years.

B.

Termination by Operation of Law. Nonconforming uses and buildings or structures nonconforming due to use, and those buildings or structures nonconforming due to standards enumerated in this Section, shall be discontinued and removed from their sites within the time specified in this Section, except when extended or revoked as otherwise provided in this Title 22:

In the case of nonconforming uses and buildings or structures nonconforming due to use:

a.

Where the property is unimproved, one year;

b.

Where the property is unimproved except for buildings or structures of a type for which Title 26 (Building Code) of the County Code does not require a building permit, three years;

c.

Where the property is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, or where such buildings or structures have a total market value of $500 or less as reflected by the current assessment roll, three years;

d.

Outdoor advertising signs and structures, five years;

e.

Where a nonconforming use is carried on in a conforming structure, five years except where the provisions of Subsection C, below, or as otherwise provided in this Title 22, apply;

f.

In other cases, 20 years from the effective date or operative date where later of the ordinance or amendment thereto establishing said nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by Title 26 (Building Code) of the County Code, will be as follows:

i.

Type IV and Type V buildings used as:

(1)

Three-family dwellings, apartment houses and other buildings used for residential occupancy, 35 years;

(2)

Stores and factories, 25 years;

(3)

Any other building not herein enumerated, 25 years;

ii.

Type III buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 40 years;

(2)

Structures with stores below and residences, offices or a hotel above, 40 years;

(3)

Warehouses, stores and garages, 40 years;

(4)

Factories and industrial buildings, 40 years;

iii.

Type I and Type II buildings used as:

(1)

Three-family dwellings, apartment houses, offices and hotels, 50 years;

(2)

Theaters, warehouses, stores and garages, 50 years;

(3)

Factories and industrial buildings, 50 years;

In the case of buildings or structures nonconforming due to standards, signs as follows:

a.

Signs as prohibited by Section 22.114.040 (Prohibited Signs Designated), 90 days;

b.

All other signs and sign structures except outdoor advertising signs, 10 years.

Green Zone. Notwithstanding any other provisions in this Subsection B, nonconforming uses described in Section 22.84.050.C (Nonconforming Uses) shall be subject to the following time limits, with no request to further extend the time to continue such uses:

a.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit contains a grant term, the use may continue until the end of the grant term, and, at the end of the grant term, the use shall be terminated;

b.

If the use was established by a discretionary permit pursuant to this Title 22 and the discretionary permit does not contain a grant term, the use shall be terminated on July 14, 2042; or

c.

For all other legally-established uses, the use shall be terminated on July 14, 2029.

C.

Exception. The termination periods enumerated in this Section shall not apply to one-family and two-family dwellings, accessory dwelling units, or junior accessory dwelling units.

(Ord. 2024-0028 § 24, 2024; Ord. 2023-0060 § 16, 2023; Ord. 2022-0023 § 40, 2022; Ord. 2021-0018 § 19, 2021; Ord. 2020- 0059 § 13, 2020; Ord. 2019-0020 § 21, 2019; Ord. 2019-0004 § 1, 2019.)

A.

Applicability.

An application may be filed with the Director:

a.

Requesting extension of the time within which a nonconforming use or building or structure nonconforming due to use, or due to standards where applicable, must be discontinued and removed from its site as specified in Section 22.172.050.B (Termination by Operation of Law) or Section 22.246.010.D.2 (Considered Nonconforming Use When),

b.

Requesting substitution of another use permitted in the zone in which the nonconforming use is first permitted where a building or structure is vacant despite efforts to ensure continuation of a nonconforming use and is so constructed that it may not reasonably be converted to or used for a use permitted in the zone in which it is located, or

c.

Requesting repairs of one-family and two-family dwellings in excess of those provided for in Section 22.172.020.G (Repair of Damaged or Partially Destroyed Buildings or Structures Nonconforming Due to Use and/or Standards).

The Director may accept such filing either before or after the date of expiration of such nonconforming use, building or structure.

Exception. This Section shall not apply to nonconforming uses or buildings or structures nonconforming due to use or standards, pursuant to Chapter 22.84 (Green Zone).

B.

Application Review and Procedure.

Application Checklist. The application submittal shall contain all of the materials required by the Nonconforming Uses, Buildings and Structures Review Checklist.

Review and Procedures.

a.

Type III Review. The application shall be filed and processed in compliance with Chapter 22.230 (Type III Review— Discretionary) and this Chapter.

b.

Exception. In the instance where final action was taken to deny a nonconforming use, building or structure review prior to amendment of the facts required for approval adopted by this Chapter 22.172, effective December 26, 1980, the one-year restriction on reapplication shall not apply.

C.

Findings and Decision.

Common Procedures. Findings and decision shall be made in compliance with Section 22.222.200 (Findings and Decision) and include the findings in Subsection C.2, below.

Findings.

a.

To require cessation of such use, building or structure would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and

b.

Such use, building or structure does not now and will not during the extension period requested:

i.

Adversely affect the health, peace or welfare of persons residing or working in the surrounding area, or

ii.

Be materially detrimental to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site, or

iii.

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

D.

Conditions of Approval. The Commission or Hearing Officer, in approving an application, may impose conditions deemed necessary to ensure that the approval will be in accordance with the findings required. Conditions imposed by the Commission or Hearing Officer may involve any pertinent factors affecting the establishment, operations, and maintenance of the uses, buildings, or structures requested including, but not limited to, those specified in Section 22.158.060 (Conditions of Approval).

(Ord. 2024-0028 § 25, 2024; Ord. 2022-0023 § 41, 2022; Ord. 2019-0004 § 1, 2019.)