Rancho Palos Verdes Municipal Code Ch. 17.84 Nonconformities

This chapter provides for lots, uses and structures which are or become nonconforming with the standards of this title; specifies the conditions under which nonconformities may continue, and prohibits the expansion of nonconformities.

(Code 1981, § 17.84.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The provisions of this chapter shall apply to all lots, uses and structures which do not meet the standards of this title as a result of noncompliance upon adoption of this title, or amendments thereto, or upon annexation of territory to the city. This chapter does not apply to illegal lots, uses or structures.

(Code 1981, § 17.84.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Nonconforming lots, uses and structures may be continued subject to the provisions of this chapter.

(Code 1981, § 17.84.030; Ord. No. 320, § 7(part), 1997)

All lots which do not meet the minimum lot area, dimension standards and minimum building pad area requirement of the district in which they are located are deemed nonconforming lots, and the following provisions shall apply:

A. Undeveloped, nonconforming lots may be used and have a structure erected upon them, provided that geologic and/or soils reports are submitted and approved by the city and all applicable building code requirements can be satisfied. However, if such a lot is contiguous to another lot of the same ownership on the effective date of the ordinance from which this title is derived, such lots shall be considered to be an undivided parcel for the purposes of this title, and the separate lots shall be combined and recorded as one lot prior to the use of, and prior to the issuance of a building permit for any construction on the lot, or contiguous commonly owned lot where this condition exists;

B. No nonconforming lot shall be reduced in area or dimensions if such reduction would result in a greater degree of nonconformity.

(Code 1981, § 17.84.040; Ord. No. 320, § 7(part), 1997)

All uses which are not listed as permitted uses in the district in which such use is being conducted, and all uses which, if presently initiated, would require a conditional use permit by this title and which do not have an approved conditional use permit, are deemed nonconforming uses, and the following provisions shall apply:

A. No nonconforming use shall be expanded or moved in whole or in part to any portion of the lot or parcel or other structure other than that occupied by such use at the effective date of the ordinance from which the provisions of this chapter are derived, except as provided in sections 17.12.040 (Commercial Districts) and 17.26.050 (Institutional (I) District) of this title.

B. No nonconforming use may be changed to a different nonconforming use.

C. If a nonconforming use is discontinued for a period of 180 calendar days or more, it shall not be reestablished. The destruction of buildings and/or land occupied by a nonconforming use, as a result of an involuntary act or a voluntary act taken against the buildings and/or land, which is not the fault of the property owner or lessee, shall not constitute a discontinued use.

(Code 1981, § 17.84.050; Ord. No. 78(part), 1975; Ord. No. 90, § 10, 1977; Ord. No. 320, § 7(part), 1997)

All structures, including main buildings, accessory buildings, walls, fences and any other structures, which do not meet the height or setback standards, or which result in open space less than required, or for which the number of parking spaces provided is less than required, are deemed to be nonconforming structures. No physical change, enlargement, extension or reduction which increases the degree or extent of a nonconforming structure or building shall be made. The following provisions shall apply:

A. Residential buildings.

1. Residential buildings and any attached or detached accessory structures located in any zoning district which are damaged or destroyed by a geologic hazard may be replaced, repaired or restored to original condition, provided that such construction shall be limited to the same square footage, maximum height and general location on the property; and said construction shall not aggravate any hazardous geologic condition if a hazardous geologic condition remains. Prior to approval for such construction, the applicant shall submit to the city geologist any geological and/or geotechnical studies reasonably required by the city geotechnical staff and the applicant shall comply with any abatement measures as a condition of permit issuance. Upon application to the director, buildings may be expanded to conform to the setbacks listed below:

Minimum Setback Standards

2. Residential buildings and any attached or detached accessory structures located in any zoning district which are damaged or destroyed due to an involuntary act, or due to a voluntary act against the structures which is not the fault of the property owner may be replaced, repaired or restored to original condition, provided that such construction is limited to the same maximum height, square footage, number of pre-existing and legally permitted dwelling units and detached accessory structures, and are located in the same general location on the property. Upon application to the director, structures may be expanded to conform to the setbacks listed in subsection (A)(1) of this section.

3. Residential buildings that are proposed to be remodeled or renovated such that 50 percent or greater of any existing interior and exterior walls or existing square footage is demolished or removed within a two-year period, shall then conform to all current development standards for that district and the most recently adopted version of the California Building Code.

B. Nonresidential buildings. Through December 31, 2009, any nonconforming nonresidential building in any commercial district may be restored to its original condition consistent with the California Building Code, in the event of destruction due to an involuntary act, or due to a voluntary act against the property which is not the fault of the property owner. Such construction shall not extend the amortization period for any structure.

C. Other structures.

1. Any nonconforming structure which requires a building permit and which has deteriorated or is damaged, may be restored to original condition, in accordance with the most recently adopted version of the California Building Code, provided that the cost of such restoration does not exceed 50 percent of the replacement value of the structure, as determined by the director. If the restoration is necessary due to damage, the restoration shall commence, as that phrase is defined in section 17.86.070 (Enforcement) of this title, one year from the date when the damage occurred. Otherwise, the restoration of said structure shall conform to all current development standards for that district.

2. Any nonconforming structure which does not require a building permit and which has deteriorated or is damaged, may be restored to original condition, provided that such restoration does not pose a significant safety hazard, as determined by the director. If the restoration is necessary due to damage, the applicant shall commence upon the restoration, as that phrase is defined in section 17.86.070(A)(2) (Enforcement) of this title, within one year from the date the restoration is approved by the director.

D. The director shall be notified in writing prior to the restoration or replacement of any nonconforming structure. With the exception of nonconforming walls, fences and the minor structures and mechanical equipment listed in section 17.48.030(E)(3) (Lots, Setbacks, Open Space Area and Building Height) of this title, the replacement and/or restoration of nonconforming structures shall be approved by the director through a site plan review application, provided the proposed replacement and/or restoration conforms to the provisions of this chapter.

E. Where a structural alteration is proposed to be made to any legal nonconforming building, accessory structure or garage, no building permit for a new structure or an addition to an existing structure which adds 50 percent or more to the existing floor area shall be issued, unless plans to bring any nonconforming building into compliance with the standards of this title or as near to compliance as is practically feasible, are approved by the director. No certificate of occupancy or final building permit shall be issued until such improvements are completed per the approved plans. This requirement shall not apply to nonconforming buildings which are deemed legal nonconforming because they do not meet the setback standards of this title.

F. When the underlying zoning designation changes on a parcel, the property shall be brought into compliance with the parking standards of the new zoning designation, at such time that a change of use of the property, as defined by chapter 17.96 (Definitions) of this Code, occurs.

(Code 1981, § 17.84.060; Ord. No. 78(part), 1975; Ord. No. 158, §§ 4-6, 1982; Ord. No. 187, § 12, 1984; Ord. No. 194, § 18, 1985; Ord. No. 302, § 7, 1994; amended during 11-97 supplement; Ord. No. 320, § 7(part), 1997; Ord. No. 392, § 5, 2003; Ord. No. 463, § 10, 2007; Ord. No. 529, § 33, 11-15-2011)