§ 12.7

• A. A nonconforming building or nonconforming structure that is damaged or partially destroyed by any fire, flood, wind, earthquake or other calamity, or the public enemy may be restored and the occupancy or use of the building or structure, or part of the building or structure, which existed at the time of the damage or destruction, may be continued or resumed, provided that the total cost of restoration does not exceed 75 percent of the replacement value of the building or structure at the time of the damage or destruction. A permit for restoration shall be obtained within a period of two years from the date of the damage or destruction. except as set forth in Sec. 12.1.6.B. (Relief) , if the damage or destruction exceeds 75 percent of the replacement value of the nonconforming building or nonconforming structure at the time of the damage or destruction, no repairs or restoration shall be made unless every portion of the building or structure is made to conform to all regulations for new construction in the zone in which it is located, and other applicable current use regulations.

• B. if the damage or destruction of a nonconforming building exclusively for dwellings in any zone exceeds 75 percent of its replacement value at the time of the damage or destruction, the building or structure may be reconstructed provided the following requirements are met:

  1. the restored or reconstructed building may encroach into any side yard setbacks no more than half the width of the required setback in the zone in which it is located, or in other applicable current regulations of this Zoning code (chapter 1A), but in no event more than three feet.

  2. the restored or reconstructed building may encroach in the frontage yard, and rear yard setbacks no more than half the width of the required setback in the applied Form District (Part 2B.) , or in other applicable current regulations of this Zoning code (chapter 1A).

  3. Neither the footing, nor the building or structure, projects into any area planned for widening or extension of existing or future streets as determined by the Advisory Agency upon the recommendation of the city engineer.

  4. the height shall not exceed the allowable height for new buildings or structures in the applied Form District (Part 2B.) , or in other applicable current regulations of this Zoning code (chapter 1A).

  5. A building permit for the reconstruction shall be obtained within two years of the damage or destruction from fire, flood, wind, earthquake, or other calamity, or the public enemy.

| 12-27

Sec. 12.7.1. (Restoration of Damaged Nonconforming Buildings) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Nonconformities | Article 12 Div. 12.7. (Damaged or Earthquake Hazardous Buildings)

City of Los Angeles Zoning Code Chapter 1A

A. General

1. except as otherwise provided in this Zoning code (chapter 1A), a building nonconforming as to height, number of stories, lot area, loading space or parking, which is demolished as a result of enforcement of the earthquake Hazard reduction Ordinance provisions in Chapter IX. (Building Regulations), Article 1. (Building Code) of this code may be reconstructed with the same nonconforming height, number of stories, lot area, loading space or parking as the original building, provided, however, that reconstruction shall be commenced within two years of obtaining a permit for demolition and completed within two years of obtaining a permit for reconstruction. Provided further, that neither the footing, nor any portion of the replacement building may encroach into any area planned for widening or extension of existing or future streets as determined by the Advisory Agency upon the recommendation of the city engineer.

2. Additionally, a building nonconforming as to use or yards, which is demolished as a result of enforcement of the earthquake Hazard reduction Ordinance, may be reconstructed with the same nonconforming use or yards provided that the approval of a Zoning Administrator is obtained as outlined below.

B. Nonconforming Rights Related to Earthquake Safety Ordinance

A Zoning Administrator may, in accordance with Sec. 13B.2.1. (Class 1 Conditional Use Permit) , permit a building, nonconforming as to use or yards, which is demolished as a result of enforcement of the Chapter IX. (Building Regulations), Div. 88. (Earthquake Hazard Reduction in Existing Buildings) of this code, to be reconstructed with the same nonconforming use or nonconforming yards as the original building.

1. Procedures

a. Notification

• i. regardless of the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) , an application pursuant to this Section (Replacement of Earthquake Hazardous Buildings) involving a nonconforming use shall instead notify the owners and occupants of all property within and outside the city within 500 feet of the exterior boundaries of the area subject to the application.

• ii. An application pursuant to this Section (Replacement of Earthquake Hazardous Buildings) involving only structures that have a nonconforming yard, when a public hearing is held, the notice shall be given in the same manner as required in Sec. 13B.2.1. (Class 1 Conditional Use Permit) .

| 12-28

Sec. 12.7.2. (Replacement of Earthquake Hazardous Buildings) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Nonconformities | Article 12 Div. 12.7. (Damaged or Earthquake Hazardous Buildings)

City of Los Angeles Zoning Code Chapter 1A

b. Waiver of Public Hearing

• i. regardless of the provisions of Sec. 13B.2.1. (Class 1 Conditional Use Permit) , the Zoning Administrator may waive the public hearing if the applicant has secured the approval for the reconstruction from the owners of all properties abutting, across the street or alley from, or having a common corner with the subject property. if that approval is obtained from the surrounding property owners, the Zoning Administrator may waive the public hearing if the Zoning Administrator makes the following written findings:

  • a) that the nonconforming use will not have a significant adverse effect on adjoining property or on the immediate neighborhood; and

  • b) that the nonconforming use is not likely to evoke public controversy.

• ii. An application pursuant to this Section (Replacement of Earthquake Hazardous Buildings) involving only a nonconforming yard may be set for a public hearing in accordance with the same procedures as above, if the Zoning Administrator determines that the public interest requires a hearing.

2. Supplemental Findings

in addition to the findings otherwise required by Sec. 13B.2.1. (Class 1 Conditional Use Permit) , a Zoning Administrator shall also require and find the following:

• a. that reconstruction be commenced within two years of obtaining a permit for demolition and completed within two years of obtaining a permit for reconstruction;

• b. that neither the footing nor any portion of the replacement building encroaches into any area planned for widening or extension of existing or future streets; and

• c. that the continued nonconforming use of the property or the continued maintenance of nonconforming yards will not be materially detrimental to the public welfare and will not have a substantial adverse impact on or be injurious to the properties or improvements in the vicinity.

| 12-29

Sec. 12.7.2. (Replacement of Earthquake Hazardous Buildings) Established by Ord. 188,418, Eff. 01/20/2025, Oper. 01/27/2025

Nonconformities | Article 12 Div. 12.8. (Lots Affected by Acquisition for Public Use)

City of Los Angeles Zoning Code Chapter 1A

Div. 12.8. LOTS AFFECTED BY ACQUISITION FOR PUBLIC USE