Article IV — Nonconforming Buildings and Uses

While a nonconforming use exists on any lot, no new use may be established thereon, even though such otherwise would otherwise be a permitted use. A nonconforming use is a use lawfully established and maintained and continuing in nonconformance with inconsistent zoning restriction since the establishment of such restrictions. (Prior code § 27-24.1; Ord. 21-1722 § 2)

The nonconforming use of a conforming building existing on July 22, 1959, may be continued; provided, however, that such nonconforming use shall not be expanded or extended into any other portion of the building, nor shall any structural alterations or additions except those required by law be made, and if such nonconforming use is discontinued, or unlawfully expanded or extended, any future use of such building shall conform to the provisions of this section; and provided, further, that all nonconforming uses of a conforming building in any of the R zones. shall be discontinued not later than three years after July 22, 1959. (Prior code § 27-24.2; Ord. 21-1722 § 2)

The nonconforming use of a nonconforming building may be continued and may be expanded or extended throughout such building, provided no structural alterations or additions except those required by law are made thereto. If no structural alterations are made or required, a nonconforming use of a nonconforming building may be changed to another use of the same or a more restricted classification. If a nonconforming use of a building or any portion thereof is replaced by a more restrictive nonconforming use, no use less restrictive than such replacement use shall thereafter be permitted.

(Prior code § 27-24.3; Ord. 21-1722 § 2)

As used in this section, the designations "Type I, Type II, Type III, Type IV, and Type V building" refer to types of buildings as defined in Section 1701 and Table No. 17-A of the Uniform Building Code, contained in the County of Los Angeles Building Code, 1981 Edition. Every nonconforming building shall be completely removed or altered to structurally conform to the uses permitted in the zone in which it is located, and every nonconforming use shall close within the herein-specified times:

• A. Where property is unimproved or contains no building, one year;

• B. Outdoor advertising, three years;

• C. Type IV or Type V buildings (light incombustible frame and wood frame) 20 years from the date of construction, but in any case within not more than 10 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

• D. Type II or Type III buildings (heavy timber construction and ordinary masonry):

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City of Norwalk, CA

ZONING

§ 17.01.230

§ 17.01.250

1. Apartments, offices, hotels, or residences having stores or offices below and apartments or offices above, 35 years from the date of construction, but in no case more than 20 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

2. Warehouses, stores, garages, or lofts, 35 years from the date of construction, but in no case more than 20 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

3. Factories or industrial buildings, 35 years from the date of construction but in no case more than 20 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

• E. Type I buildings (fire resistant):

  1. Offices or hotels, 45 years from the date of construction, but in no case more than 25 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

  2. Theatres, 45 years from the date of construction, but in no case more than 25 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

  3. Warehouses, lofts, stores, or garages, 45 years from the date of construction, but in no case more than 25 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

  4. Industrial buildings, 45 years from the date of construction, but in no case more than 25 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

• F. All other structures, 20 years from the date on which such building became nonconforming under this title or any applicable prior City or County ordinance.

• G. All other uses, 10 years from the date on which such use or any prior use became nonconforming under this title or any applicable City or County ordinance, but not less than three years from July 22, 1959, unless the use would have been required to close at an earlier date under the provisions of any applicable prior City or County ordinance.

• (Prior code § 27-24.4; Ord. 21-1722 § 2)

A nonconforming building destroyed to the extent of less than 50% of its reasonable replacement value at the time of its partial destruction, by fire, explosion, or other casualty, or by Act of God, or by Act of War, may be restored and the occupancy and use of such building or part thereof which existed at the time of such partial destruction maybe continued, subject to all other provisions of this chapter, and provided, further, that all reconstruction shall conform to all requirements of this code.

(Prior code § 27-24.5; Ord. 21-1722 § 2)

• A. Any nonconforming use which has been substantially suspended or discontinued for a

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City of Norwalk, CA

NORWALK CODE

§ 17.01.250

§ 17.01.290

continuous period of at least one year shall automatically expire and may not be renewed, nor replaced by any other use not permitted at such location.

• B. A nonconforming building which is vacant or occupied solely by permitted uses for a continuous period of at least one year shall not thereafter be occupied except by a use which conforms to the use regulations of the zone in which it is located.

• (Prior code § 27-24.6; Ord. 21-1722 § 2)

Notwithstanding any other provision of the land use regulations, Titles 16 and 17, the Planning Commission may, after a public hearing held as prescribed in Chapter 17.02, Article II, revoke or restrict any nonconforming use on one or more of the following grounds:

• A. That the use is being, or presently has been, exercised in violation of any applicable statute, ordinance, law or regulation;

• B. That the use is, or is so exercised as to be, detrimental to public health or safety, or so as to be a public nuisance;

• C. That the condition of the improvements, if any, on the, property where such use is conducted or existent are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person;

• D. That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

(Prior code § 27-24.7; Ord. 21-1722 § 2)

The provisions of this chapter shall apply to buildings, structures, land, and uses which hereafter become nonconforming due to any reclassification of zones or otherwise under this title. (Prior code § 27-24.8; Ord. 21-1722 § 2)

Nothing contained in this title shall be construed or applied to prevent the expansion, enlargement, modernization, or replacement of public service and public utility buildings, structures, and uses; provided that there is no change in land use or increase in the area of property so used; and provided further, that a conditional use permit for such use shall have been applied for and granted and remains in full force and effect. (Prior code § 27-24.9; Ord. 21-1722 § 2)

• A. Application.

  1. The provisions of this section apply only to lawfully established nonconformities.

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City of Norwalk, CA

ZONING

§ 17.01.290

§ 17.01.290

2. No provision of this section shall be construed to prevent ordinary repair or replacement, interior modifications, or other improvements, which do not increase the degree of nonconformity of any existing nonconforming improvement.

• B.

  • Buildings and Masonry Walls.

  1. Any nonconforming building or masonry wall shall be allowed to remain indefinitely with such nonconformity, provided that it remains otherwise lawful, and except as provided in subsection 3 of this section.

  2. Any new building or masonry wall, or addition or alteration to an existing building or masonry wall, shall conform to all current requirements.

  3. Any nonconforming building or masonry wall that is destroyed, or damaged by a catastrophe, to an extent of 50% or more of its replacement cost immediately prior to its destruction or damage must be reconstructed to meet all current development standards.

• C. Required Number of Parking or Loading Spaces.

  1. Any property that is legally developed with a nonconforming number of parking or loading spaces shall be allowed to remain until such time that an application has been filed for a discretionary approval, permit, or other land use entitlement.

  2. Upon application for a discretionary approval, permit, or other land use entitlement, the number of parking spaces or loading areas must be modified to meet current requirements, unless the decision making body makes the following findings:

     • a. Other requirements of the Norwalk Municipal Code cannot be met if the project is modified to meet current requirements; and

     • b. Allowing the nonconforming parking lot to remain will not result in a property which is incompatible with existing or future development in the area.

• D. Parking Layout Standards and Landscaped Yard Areas.

  1. Any parking lot that is legally developed with a nonconforming parking layout or any yard area that is not landscaped shall be allowed to remain until such time that an application has been filed for a discretionary approval to:

     • a. Construct a new parking lot;

     • b. Add to or alter an existing parking lot; or

     • c. Construct new floor area, whether it is a new building or an addition to an existing building.

  2. Upon application for the improvements listed in subsection 1, the parking lot and landscaped yard areas must be modified to meet current requirements, unless the decision making body makes the following findings:

     • a. Other requirements of the Norwalk Municipal Code cannot be met if the project is modified to meet current requirements; and

     • b. Allowing the nonconforming parking layout or yard area to remain will not

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City of Norwalk, CA § 17.01.290

NORWALK CODE

§ 17.01.320

result in a property which is incompatible with existing or future development in the area.

• (Ord. 08-1611 § 4; Ord. 21-1722 § 2)

Single-family dwellings in the R-1 or other zones, with an existing single car garage or carport "legally" constructed with permits issued by the Building and Safety Department of the City or County prior to October 12, 1973, shall be considered a conforming use and building, and this chapter shall not apply. On such properties, an existing one-car garage or carport may be replaced with a one-car garage or carport located in an approved location. (Prior code § 27-24.11; Ord. 21-1722 § 2)

Any decision of the Planning Commission revoking or restricting a nonconforming use may be appealed to the City Council as prescribed in Section 17.02.210(G) and (H). (Prior code § 27-24.12; Ord. 21-1722 § 2)

Notwithstanding any other provision of this chapter, the Planning Commission may, after a public hearing, held as prescribed in Chapter 17.02, Article I, grant an extension in the period of time permitted by this chapter for the discontinuance and removal of any nonconforming use or building. One or more extensions may be granted for any use or building, but the total of such extensions shall not exceed 10 years. The Planning Commission shall grant an extension of the amortization period as prescribed by this chapter only where the following findings are made:

• A. That the nature of the improvement is such that to require cessation of use would impair the property rights of any person to such an extent as to be an unconstitutional taking of property; and

• B. That such adjustment will not be materially detrimental to the public health or safety, or to the use, enjoyment or valuation of property of other persons located in the vicinity; and

• C. That a schedule of repair and improvement has been established which will bring the property into reasonable conformity within such period of time as the Planning Commission shall establish, not to exceed one year; and

• D. That the schedule of repair and improvement, if any, does not provide for structural alterations or additions, except those required by law, nor for the expansion nor extension of the nonconforming use, except in time, nor do the repairs and improvements represent 50% or more of the reasonable replacement value of the buildings or structures.

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City of Norwalk, CA

ZONING

§ 17.01.320

§ 17.01.320

The Planning Commission, in granting an extension as provided herein, may impose conditions it deems necessary to insure that the grant will be in accord with the findings required.

The Planning Commission shall determine what constitutes reasonable conformity and shall be guided by an appraisal of City requirements in relation to the unique characteristics of a given property and the cost of full conformity. Failure to comply with the schedule of repair and improvement shall constitute grounds for revocation of any extension granted pursuant hereto, but only after public hearing held as herein prescribed. Any decision of the Planning Commission made pursuant to this section may be appealed as provided in this chapter.

(Prior code § 27-24.13; Ord. 21-1722 § 2)

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City of Norwalk, CA