Article 22 — NONCONFORMING USES, BUILDINGS OR STRUCTURES

(Amended by O-984; O-1877; O-1878; O-2585; O-2628; O-2629; O-2822; O-3218; O-3220; O-3262; O-3319; O-3418)

a) "Building" means a structure that is permanently affixed to the ground, has a roof, and is used for the shelter of humans, animals, property or goods.

b) "Nonconforming use" means use of land which is no longer permitted in the zoning district in which it is located, but which was, at the time it was brought into existence, a lawfully permitted use.

c) "Nonconforming building or structure" means a building or structure which does not now meet one or more of the development requirements of the land use district in which it is located, but that did meet all of the requirements at the time it was built. A building or structure may be nonconforming with respect to height, setbacks, parking, landscaping or other development requirement.

d) "Illegal nonconforming use, building or structure" means a use, building or structure which does not now, and did not at the time it was instituted or constructed, comply with permitted uses or development standards of the zone in which it is located.

e) "Reconstruction" means the process of completely recreating a building or structure that once existed.

f) "Repair" means the process of modifying buildings or structures, when necessary, to enable them to become or to remain usable.

g) "Restoration" means the process of adding or removing components of a building or structure so as to authentically recreate its appearance at an earlier time period.

a) While this article does not provide specifically for the abatement of nonconforming uses, buildings or structures, it does not preclude the City from abating a use, building or structure deemed to be a public nuisance as defined in Article 32 - Public Nuisances.

b) This article also does not preclude the City from abating a use, building or structure deemed to be an illegal nonconforming use, building or structure.

a) Continuation of Use.

1. No property in the City of Torrance shall be used for any purposes except those permitted in the land use district (zone) to which the property has been classified in accordance with this Division.

2. Notwithstanding the other provisions of this Article, nonconforming uses may continue, however, any interruption of such use for ninety (90) days shall cause the use to be deemed to have ceased and such uses shall not be reinstated or further continued except by compliance with this division.

b) Improvements/Alterations.

1. No building or structure used for such nonconforming use shall be added to, structurally altered or enlarged in any manner, except as required by other provisions of this Code or by State law, or in order to bring the building or structure and its use into conformity with the provisions of this Article pertaining to buildings or structures hereafter constructed.

2. No nonconforming use occupying a conforming building or structure or portion thereof or occupying any land shall be enlarged or extended:

A) Into any other portion of said building or structure or said land by displacing a conforming use; or

B) Into premises not actually so occupied.

3. Notwithstanding the other provisions of this Article, nothing herein shall be construed to preclude normal maintenance and repairs as required by governmental regulation or as necessary to ensure the protection of the health, safety and welfare of the general public.

a) Repair, Reconstruction or Restoration of Damaged Nonconforming Buildings or Structures.

1. A damaged nonconforming building(s) or structure(s) on the same lot may be repaired, reconstructed or restored, provided that the expense of such structural repair, reconstruction or restoration does not exceed fifty (50) percent of the replacement cost of the building(s) or structure(s) on the same lot at the time such damage occurred.

2. Except as provided in this paragraph 2), and subject to paragraph 4) below, whenever a nonconforming building(s) or structure(s) on the same lot is damaged in excess of fifty (50) percent of its replacement cost at the time of damage, the repair, reconstruction or restoration of such building(s) or structure(s) shall conform to all the regulations of the district in which it is located and it shall be treated as a new building(s) or structure(s).

A) Whenever a multiple-family residential building(s) or structure(s), of three (3) or more units, on the same lot is damaged in excess of fifty (50) percent of its replacement cost at the time of damage, it may be repaired, reconstructed, or restored in accordance with the zoning requirements of this Division that were in effect at the time it was first constructed. Minor modifications including but not limited to additional parking, changes to building floorplan, footprint or elevation may be made subject to Planning Director approval and provided that:

1. Total number of units is not increased;

• 2. Total number of bedrooms is not increased;
• 3. Total square footage of living area is not increased; and
• 4. Number of parking spaces provided is not decreased.

B) Pursuant to this subparagraph 2), any repair, reconstruction, or restoration of multiple family residential building(s) or structure(s) on the same lot undertaken shall conform to all of the following:

1. The California Building Standards Code as that code was in effect at the time of repair, reconstruction, or restoration;

2. Any more restrictive local building standards authorized pursuant to Sections 13869.7, 17958.7, and 18941.5 of the Health and Safety Code, as those standards were in effect at the time of repair, reconstruction, or restoration;

3. The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures;

4. Architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained.

5. Any damaged nonconforming building(s) or structure(s) on the same lot, subject to paragraphs a)1) and a)2) above, may be repaired, reconstructed or restored provided building permits have been issued within one (1) year of the date of destruction and repair, reconstruction or restoration is diligently pursued to completion.

6. Disputes as to the interpretation of the provisions of this Section shall be heard and resolved by the Planning Commission, subject to appeal to the City Council as provided in Article 5 of Chapter 1 of Division 1 of this Code.

b) Notwithstanding the other provisions of this Article, nothing herein shall be construed to preclude normal maintenance and repairs as required by governmental regulation or as necessary to ensure the protection of the health, safety and welfare of the general public.

a) Notwithstanding the provisions of this Article, in the event substantial numbers of buildings or structures in the City are destroyed or sustain major damage in excess of fifty (50) percent of the replacement cost as a result of a catastrophic event such as an earthquake or tornado as determined by the City Council, all such buildings or structures for which a building permit had been issued prior to the effective date of the ordinance codified in this Section, shall be allowed to be repaired, reconstructed or restored in accordance with the zoning requirements of this Division in effect at the time such building permit was issued; provided, however, that building permits are issued within one (1) year of the date of destruction and repair, reconstruction or restoration is diligently pursued to completion; and provided that no such building or structure located in a single-family, two-family, commercial or industrial zone shall be repaired, reconstructed or restored to a zoning standard older than those in effect on the dates the following ordinances were adopted:

• 1. For single-family and two-family residences, Ordinance 2329, adopted May 23, 1972;
• 2. For commercial buildings, Ordinance 2331, adopted June 21, 1972;
• 3. For industrial buildings, Ordinance 2470, adopted February 26, 1974,

b) No conditional use permit or variance shall be considered to have terminated or expired by cessation of such use; provided the cessation of use was caused by the catastrophic incident referred to above, and that good faith efforts are being made to repair, reconstruct or restore the buildings or structures.

c) Nothing in this Section shall be construed to excuse any owner, occupant or contractor from repairing, reconstructing or restoring any damaged building or structure in accordance with the requirements of the uniform construction codes, or any other health or safety requirements imposed by State or federal law or regulation in effect at the time of such repair, reconstruction or restoration.

(Added by O-3262; Amended by O-3319)

a) This Section shall apply to those multiple-family residential buildings or structures located within the following area:

Lots 1 thru 8, Block 65, Lots 1 thru 22, Block 66, Lots 1 thru 22, Block 67, Lots 1 thru 22, Block 68, Lots 19 thru 29, Block 75, Lots 1 thru 22, Block 76, Torrance Tract, Map Book 249-43-44, City of Torrance, County of Los Angeles, State of California, as recorded in Book 22, Pages 94 and 95 of the County Recorder of said County.

b) Notwithstanding the provisions of this Article, any multiple-family residential building or structure existing, or for which a building permit had been issued on March 28, 1989, and which meets the development standards for multiple-family residential buildings or structures prescribed in Ordinance No. 3217, may be rebuilt to its original height and size in the event it is damaged to an extent that the expense of such restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time the damage occurred, provided that no new or enlarged portion may be added to such restored building or structure as part of said restoration, or in addition to any such restoration.

c) Notwithstanding the provisions of this Article, any multiple-family residential building or structure existing, or for which a building permit had been issued on March 28, 1989, and which meets the development standards for multiple-family residential buildings or structures prescribed in Ordinance No. 3217, may be repaired or remodeled provided that the height, external size and number of units is not increased.

d) Notwithstanding the provisions of this Article, any multiple-family residential building or structure existing, or for which a building permit had been issued on March 28, 1989, and which meets the development standards for multiple-family residential buildings or structures prescribed in Ordinance No. 3217, and for which a conditional use permit has been obtained, and which has been damaged to an extent that the expense of restoration exceeds fifty (50) percent of the replacement cost of the building or structure at the time the damage occurred, may be rebuilt or repaired to the height and size permitted by said conditional use permit.