17.16 — NONCONFORMITY

The provisions of this title and PVEMC Title 18 shall apply to uses which become nonconforming by reason of the adoption of the ordinances codified in this title and PVEMC Title 18 or any amendment thereof, as of the effective date of such adoption or amendment. (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. Nonconforming Buildings. Any nonconforming building may be continued and maintained provided there are no structural alterations except as otherwise permitted pursuant to this chapter.

• B. Nonconforming Uses. Any nonconforming use may be continued and maintained, except as set forth in this subsection:

  1. Any use which is made nonconforming because such use is prohibited by an ordinance adopted subsequent to the establishment of such use shall be discontinued no later than six months from the effective date of such ordinance. Upon application submitted by the owner of such use, accompanied by: (a) the written consent of the owner of the building in which such use is located; and (b) evidence that such abatement period would effect a taking of property for which compensation would be required, the city council shall extend the date for termination of such nonconforming use to such date as is necessary to avoid that taking, as determined in the discretion of the city council. Notwithstanding PVEMC § 17.04.100, such application shall not be considered by the planning commission nor shall a public hearing be required prior to the determination of the city council.

  2. Any part of a building or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title and PVEMC Title 18, as they apply to the particular district, shall not thereafter be used or occupied by a nonconforming use.

  3. Any part of a building or land occupied by a nonconforming use, which use is discontinued and for which no new city business license for a similar nonconforming use is taken out for six months or more following such discontinuance, shall thereafter be used in conformity with the provisions of this title and PVEMC Title 18 and the nonconforming right shall be lost.

• C. Change in Nonconforming Use. A nonconforming use of property may be changed to another nonconforming use of a more restrictive classification, provided no structural alterations are made and that the change of use is approved by the city. Application for such a change of use shall be processed using the same procedures as for an application for a conditional use permit.

• D. New Conditional Uses. Any existing use which was permitted as a matter of right when

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.16.020

§ 17.16.050

established, but which is of the type that a subsequently enacted ordinance requires such type of use to obtain a conditional use permit before it may be implemented, shall not be deemed to be rendered nonconforming by such ordinance, but shall, instead, be deemed to have been granted a conditional use permit permitting such use to be operated in conformance with the operations existing on the effective date of such ordinance. Such deemed-approved conditional use permit shall be subject to all provisions of Chapter 17.20 PVEMC; provided, however, that notwithstanding the provisions of PVEMC §§ 17.20.050 and 17.20.070, the deemed-approved conditional use permit provided by this subsection shall expire without further hearing in any of the following situations:

1. The building or land occupied by the use with the deemed-approved conditional use permit is changed to or replaced by a use conforming to the provisions of this title and PVEMC Title 18, as they apply to the particular district; or

2. The use with the deemed-approved conditional use permit is discontinued and no city business license for a similar use is taken out for six months or more from the date of such discontinuance.

• E. This section shall not apply to nonconforming satellite dishes, amateur radio antennas, and commercial antennas, which shall comply with all applicable city regulations and standards in effect as of the effective date of the ordinance enacting this subsection.

• (Ord. 496 § 2, 1989; Ord. 605 § 1, 1996; Ord. 675 § 1, 2006; Ord. 700 § 2 (Exh. 1), 2012)

Structural alterations may be made to a nonconforming structure provided all of the following conditions are met:

• A. All work related to the alteration complies with all applicable laws and regulations;

• B. The nonconforming structure was built in compliance with all applicable laws and regulations in effect at the time it was constructed;

• C. The alteration does not increase the nonconformity in any way; and

• D. The total square footage of the structure that is proposed to be altered, or has been altered within the past five years, does not exceed fifty percent of the square footage of the existing structure.

• (Ord. 605 § 2, 1996; Ord. 700 § 2 (Exh. 1), 2012)

Any building for which a building permit has been issued and the construction of the whole or a part of which has been started prior to the effective date of the ordinance codified in this title and PVEMC Title 18 may be completed and used in accordance with the plans and application upon which the building permit was issued.

(Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. The provisions of this title and PVEMC Title 18 shall not prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building accidentally

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City of Palos Verdes Estates, CA § 17.16.050

PALOS VERDES ESTATES CODE

§ 17.16.080

damaged by fire, explosion or acts of nature or war, wherein the cost of such reconstruction, repairing or rebuilding does not exceed the fair market value of such building at the time such damage occurred.

• B. In the event that an existing nonconforming building located in the commercial (C) zone of the city is demolished, reconstructed or remodeled and the previous lot coverage exceeded eighty percent, the building may be rebuilt to the previously approved lot coverage.

• C. Notwithstanding subsection A of this section, the provisions of this title and PVEMC Title 18 shall not prevent the reconstruction, repairing or rebuilding and continued use of any nonconforming building located in the residential (R) or multifamily residential (R-M) zones of the city which is accidentally damaged by fire, explosion or acts of nature or war.

• (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

Any building or use located in the multifamily residential (R-M) zone of the city which is nonconforming because of changes in the city’s off-street parking requirements may not increase its habitable floor area unless the entire building is upgraded to meet current parking standards. (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

Any building or use which is nonconforming because of changes in the city’s off-street parking requirements may be expanded, increased or modified, and no addition to or change in the offstreet parking facilities shall be required except as follows:

• A. If the existing off-street parking facilities are not sufficient to comply with the new requirements after such expansion, increase or modification, additional parking facilities shall be added. The additional parking facilities to be added shall be the difference between the off-street parking facilities the new provisions would require for such use as expanded, increased or modified, and the required off-street parking facilities for such use before expansion, increase or modification under the prior requirements.

• B. Any off-street parking facilities provided under these conditions shall be developed pursuant to the provisions of PVEMC § 18.12.060.

• (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

• A. All signs which are rendered nonconforming by reason of the adoption of PVEMC § 18.12.050 shall be completely removed within the following time periods, which periods shall commence on the effective date of this section:

  1. Temporary signs, sixty days;

  2. Advertising displays pertaining to the business conducted, services available or rendered, or the goods produced, sold or available for sale, other than business identification signs, within sixty days of notification by the city.

• B. Business identification signs in existence prior to adoption of Ordinance No. 89-496 may remain nonconforming; provided, that they remain unaltered, unmoved, or unchanged.

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.16.080

§ 17.16.080

• (Ord. 496 § 2, 1989; Ord. 700 § 2 (Exh. 1), 2012)

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City of Palos Verdes Estates, CA

ZONING PROCEDURES

§ 17.20.010

§ 17.20.040